Union Calendar No. 295
105TH CONGRESS
2D SESSION
H. R. 2431
[Report No. 105–480, Parts I, II, and III]
A BILL
To establish an Office of Religious Persecution
Monitoring, to provide for the imposition of sanc-
tions against countries engaged in a pattern of
religious persecution, and for other purposes.
MAY 8, 1998
Reported from the Committee on Ways and Means with
an amendment
MAY 8, 1998
Reported from the Committee on the Judiciary with an
amendment
MAY 8, 1998
The Committees on Banking and Financial Services and
Rules discharged; committed to the Committee of the
Whole House on the State of the Union and ordered
to be printed
IB
Union Calendar No. 295
105TH CONGRESS
2D SESSION
H. R. 2431
[Report No. 105–480, Parts I, II, and III]
To establish an Office of Religious Persecution Monitoring, to provide for
the imposition of sanctions against countries engaged in a pattern of
religious persecution, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 8, 1997
Mr. WOLF (for himself, Mr. PORTER, Mr. WATTS of Oklahoma, Mr. HALL
of Ohio, Mr. ADERHOLT, Mr. SMITH of New Jersey, Ms. PELOSI, Mr.
HUTCHINSON, Mr. ROHRABACHER, Mr. BLUNT, Mr. BISHOP, Mr. DUN-
CAN, Mr. MANTON, Mr. OLVER, Mr. GILCHREST, Mr. KING, Mr. BOB
SCHAFFER of Colorado, Mr. GILLMOR, Mr. COOKSEY, Mr. GILMAN, Mr.
DICKEY, Mr. LIPINSKI, Mr. EHLERS, Mr. WAMP, Mrs. KELLY, and Mr.
TOWNS) introduced the following bill; which was referred to the Commit-
tee on International Relations, and in addition to the Committees on
Ways and Means, the Judiciary, Banking and Financial Services, and
Rules, for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the jurisdiction of
the committee concerned
APRIL 1, 1998
Reported from the Committee on International Relations with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
APRIL 1, 1998
Referral to the Committees on Ways and Means, the Judiciary, Banking and
Financial Services, and Rules extended for a period ending not later than
May 8, 1998
MAY 8, 1998
Additional sponsors: Mr. FRANK of Massachusetts, Mr. CRAPO, Mr. BAKER,
Mr. BARCIA, Mr. BARTLETT of Maryland, Mr. BARTON of Texas, Mr.
BACHUS, Mr. BOEHLERT, Mr. BUNNING, Mr. BURTON of Indiana, Mr.
CANADY of Florida, Mr. COBURN, Mr. COX of California, Mr. DIAZ-
BALART, Mr. DOOLITTLE, Mrs. EMERSON, Mr. ETHERIDGE, Mr. EVANS,
Mr. FARR of California, Mr. FOLEY, Ms. FURSE, Mr. GOODE, Mr. GOOD-
LING, Mr. HALL of Texas, Mr. HEFLEY, Mr. HOEKSTRA, Mr. HORN, Mr.
HUNTER, Mr. INGLIS of South Carolina, Mr. KENNEDY of Rhode Island,
Mr. LATOURETTE, Mr. LEWIS of Kentucky, Ms. LOFGREN, Mr. LUCAS
of Oklahoma, Mr. MARKEY, Mr. MCINTOSH, Mr. MILLER of Florida, Mr.
MILLER of California, Mr. PAPPAS, Mr. REDMOND, Mr. RUSH, Mr. SEN-
SENBRENNER, Ms. SANCHEZ, Mr. SCARBOROUGH, Mr. SCHIFF, Mrs.
LINDA SMITH of Washington, Mr. SOLOMON, Mr. SOUDER, Mr. SPENCE,
Mr. STARK, Mr. STRICKLAND, Mr. TALENT, Mr. TORRES, Mr. TURNER,
Mr. WICKER, Mr. UNDERWOOD, Mr. UPTON, Mr. YATES, Mr. DEFAZIO,
Mr. GORDON, Mr. LAHOOD, Mr. MCHALE, Mr. MCKEON, Mr. RILEY,
Mr. TAYLOR of North Carolina, Ms. VELA´ZQUEZ, Mrs. MALONEY of New
York, Mr. ANDREWS, Mr. HILL, Mr. FORBES, Mr. FRANKS of New Jer-
sey, Mr. CALVERT, Mr. POSHARD, Mr. CUMMINGS, Ms. KAPTUR, Mr.
SESSIONS, Mr. STUPAK, Mr. NEUMANN, Mr. CONDIT, Mr. WALSH, Mr.
BILIRAKIS, Mrs. MYRICK, Ms. EDDIE BERNICE JOHNSON of Texas, Mr.
CHRISTENSEN, Mr. LEWIS of Georgia, Mr. RAMSTAD, Mrs. MORELLA,
Mr. HASTINGS of Washington, Mr. ABERCROMBIE, Mr. NORWOOD, Mr.
PETERSON
of 
Pennsylvania, 
Mr. 
SAXTON, 
Mr. 
ROGERS, 
Mr.
BLAGOJEVICH, Mrs. ROUKEMA, Mr. SCHUMER, Mr. KLINK, Mr. GREEN,
Mr. SANDERS, Mr. VISCLOSKY, Mr. STENHOLM, Mr. BALDACCI, Mr. FIL-
NER, Mr. KIND, Mr. CAMP, and Mr. COOK
MAY 8, 1998
Reported from the Committee on Ways and Means with an amendment
[Strike out all after the enacting clause and insert the part printed in boldface roman]
MAY 8, 1998
Reported from the Committee on the Judiciary with an amendment
[Strike out all after the enacting clause and insert the part printed in boldface italic]
MAY 8, 1998
The Committees on Banking and Financial Services and Rules discharged;
committed to the Committee of the Whole House on the State of the
Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on September 8, 1997]
A BILL
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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Freedom From Religious
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 fun-
damental and internationally recognized right to free-
dom 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 Dec-
laration of Independence, which states that mankind
has the inalienable right to ‘‘life, liberty, and the pur-
suit of happiness’’, and in the United States Con-
stitution, the first amendment to which states that
‘‘Congress shall make no law respecting an establish-
ment of religion, or prohibiting the free exercise there-
of’’. Therefore, in accordance with this belief in the
inalienable right of freedom of religion for all people,
as expressed by the Declaration of Independence, and
the belief that religion should be protected from gov-
ernment interference, as expressed by the United
States Constitution, the Congress opposes inter-
national religious persecution and believes that the
policies of the United States Government and its rela-
tions with foreign governments should be consistent
with the commitment to this principle.
(B) Numerous international agreements and cov-
enants also identify mankind’s inherent right to free-
dom 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 reli-
gion; 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’’.
(ii) Article 18 of the Covenant on Civil and
Political Rights declares that ‘‘Everyone shall
have the right to freedom of thought, conscience,
and religion . . .’’ and further delineates the
privileges under this right.
(iii) The Declaration on the Elimination of
All Forms of Intolerance and of Discrimination
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 friendship among
peoples and to the elimination of ideologies or
practices of colonialism and racial discrimina-
tion’’.
(iv) The Concluding Document of the Third
Follow-Up Meeting of the Organization for Secu-
rity and Cooperation in Europe commits states
to ‘‘ensure in their laws and regulations and in
their application the full and effective exercise of
the freedom of thought, conscience, religion or be-
lief’’.
(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 Islam
using means such as ‘‘blasphemy’’ and ‘‘apostasy’’
laws, and such movements seek to corrupt a histori-
cally 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 intensified
its control over the Tibetan people by interfering in
the selection of the Panchen Lama, propagandizing
against the religious authority of the Dalai Lama, re-
stricting religious study and traditional religious
practices, and increasing the persecution 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 repressing
religious authority, restricting religious study and
traditional practices, destroying mosques, and in-
creasing the persecution of religious clergy and prac-
titioners.
(8) In countries around the world, Christians,
Jews, Muslims, Hindus, and other religious believers
continue to be persecuted on account of their religious
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 regarding
these matters in approving—
(A) House Resolution 515, expressing the
sense of the House of Representatives with re-
spect to the persecution of Christians worldwide;
(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 eman-
cipation of the Iranian Baha’i community; and
(D) section 1303 of H.R. 1561, the Foreign
Relations Authorization Act, Fiscal Years 1996
and 1997.
(10) The Department of State, in a report to
Congress filed pursuant to House Report 104–863, ac-
companying the Omnibus Consolidated Appropria-
tions Act, 1997 (Public Law 104–208) set forth strong
evidence that widespread and ongoing religious perse-
cution is occurring in a number of countries around
the world.
(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 Mon-
itoring established under section 5.
(2) LEGISLATIVE
DAY.—The term ‘‘legislative
day’’ means a day on which both Houses of Congress
are in session.
(3) PERSECUTED COMMUNITY.—The term ‘‘per-
secuted community’’ means any religious group or de-
nomination 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 sec-
tion 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
intended for use in carrying out acts of persecution
described in paragraphs (5) and (6).
(5) CATEGORY 1 PERSECUTION.—The term ‘‘cat-
egory 1 persecution’’ means widespread and ongoing
persecution of persons on account of their religious be-
liefs or practices, or membership in or affiliation with
a religion or religious group or denomination, wheth-
er officially recognized or otherwise, when such perse-
cution—
(A) includes abduction, enslavement, killing,
imprisonment, forced mass relocation, rape, cru-
cifixion or other forms of torture, or the system-
atic 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 pur-
suant to official government policy.
(6) CATEGORY 2 PERSECUTION.—The term ‘‘cat-
egory 2 persecution’’ means widespread and ongoing
persecution of persons on account of their religious be-
liefs or practices, or membership in or affiliation with
a religion or religious group or denomination, wheth-
er officially recognized or otherwise, when such perse-
cution—
(A) includes abduction, enslavement, killing,
imprisonment, forced mass relocation, rape, cru-
cifixion or other forms of torture, or the system-
atic 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 ‘‘respon-
sible entities’’ means the specific government units, as
narrowly defined as practicable, which directly 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—
(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 Corpora-
tion), 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 provi-
sion of food (including monetization of food)
or medicine;
(vi) assistance for refugees; and
(vii) humanitarian and other develop-
ment assistance in support of programs of
nongovernmental organizations under chap-
ters 1 and 10 of that Act;
(B) sales, or financing on any terms, under
the Arms Export Control Act, other than sales or
financing provided for narcotics-related purposes
following notification in accordance with the
prior 
notification 
procedures 
applicable 
to
reprogrammings pursuant to section 634A of the
Foreign Assistance Act of 1961; and
(C) financing under the Export-Import
Bank Act of 1945.
(10) 
UNITED
STATES
PERSON.—The 
term
‘‘United States person’’ means—
(A) any United States citizen or alien law-
fully admitted for permanent residence into the
United States; and
(B) any corporation, partnership, or other
entity organized under the laws of the United
States or of any State, the District of Columbia,
or any territory or possession of the United
States.
SEC. 4. APPLICATION AND SCOPE.
The responsibility of the Secretary of State under sec-
tion 5(g) to determine whether category 1 or category 2 per-
secution exists, and to identify persons and communities
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 Direc-
tor has reason to believe category 1 or category 2 per-
secution may exist.
SEC. 5. OFFICE OF RELIGIOUS PERSECUTION MONITORING.
(a) ESTABLISHMENT.—There shall be established in
the Department of State the Office of Religious Persecution
Monitoring (hereafter in this Act referred to as the ‘‘Of-
fice’’).
(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 Director
shall receive compensation at 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 pleasure
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 pre-
sented 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 hear-
ings subject to notice at which such groups, organiza-
tions, or other interested parties can present testi-
mony and evidence of acts of persecution occurring 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 consider-
ation by the Secretary in making determinations of
countries in which there is category 1 or category 2
persecution under subsection (g), identify the respon-
sible entities within such countries, and prepare and
submit the annual report described in section 6.
(4) Maintain the lists of persecution facilitating
products, and the responsible entities within countries
determined to be engaged in persecution described in
paragraph (3), revising the lists in accordance with
section 6(c) as additional information becomes avail-
able. These lists shall be published in the Federal Reg-
ister.
(5) In consultation with the Secretary of State,
make policy recommendations to the President re-
garding the policies of the United States Government
toward governments which are determined to be en-
gaged in religious persecution.
(6) Report directly to the President and the Sec-
retary of State, and coordinate with the appropriate
officials of the Department of State, the Department
of Justice, the Department of Commerce, and the De-
partment of the Treasury, to ensure that the provi-
sions of this Act are fully and effectively implemented.
(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 Direc-
tor may use the personnel, services, and facilities of
any other department or agency, on a reimbursable
basis, in carrying out the functions of the Office.
(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-
scribed in section 4 whether there is category 1 or category
2 persecution, and shall include in each such determination
the communities against which such persecution is directed.
Any determination in any interim report described in sub-
section (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 re-
port of the Director shall include the following:
(1) DETERMINATION
OF
RELIGIOUS
PERSECU-
TION.—A copy of the determinations of the Secretary
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
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 Adminis-
tration Act of 1979 that are directly and substan-
tially 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 Sec-
retary of State has determined that there is category
1 persecution, the Director shall identify and list the
responsible entities within that country that are en-
gaged in such persecution. Such entities shall be de-
fined as narrowly as possible.
(4) OTHER
REPORTS.—The Director shall in-
clude the reports submitted to the Director by the At-
torney General under section 9 and by the Secretary
of State under section 10.
(c) INTERIM REPORTS.—The Director may submit in-
terim 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 Director, 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 ex-
ists.
(d) PERSECUTION IN REGIONS OF A COUNTRY.—In de-
termining whether category 1 or category 2 persecution ex-
ists 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 departments
and agencies, and such departments and agen-
cies 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
(ii) prohibit the export to such country
of the persecution facilitating products iden-
tified in the lists issued under subsections
(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 departments
and agencies, and such departments and agen-
cies 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 section 6.
(B) With respect to any country in which the
Secretary of State finds the occurrence of category 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 violations
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 exists,
(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.
(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 submits
the report in which the determination is included.
(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 determines
is engaged in category 1 persecution, the President
shall instruct the United States Executive Director of
each multilateral development bank and of the Inter-
national Monetary Fund to vote against, and use his
or her best efforts to deny, any loan or other utiliza-
tion of the funds of their respective institutions to
that country (other than for humanitarian assistance,
or for development assistance which directly addresses
basic human needs, is not administered by the gov-
ernment 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 included.
(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 Inter-
national Monetary Fund to vote against, and use his
or her best efforts to deny, any loan or other utiliza-
tion of the funds of their respective institutions to
that country (other than for humanitarian assistance,
or for development assistance which directly addresses
basic human needs, is not administered by the gov-
ernment 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 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.
(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 Congress
on the efforts made to deny loans or other utilization
of funds to that country, and shall include in the re-
port specific and explicit recommendations designed
to ensure that such loans or other utilization of funds
are denied to that country in the future.
(4) DEFINITION.—As used in this subsection, the
term ‘‘multilateral development bank’’ means any of
the multilateral development banks as defined in sec-
tion 1701(c)(4) of the International Financial Insti-
tutions Act (22 U.S.C. 262r(c)(4)).
(d) DENIAL OF VISAS.—No consular officer shall issue
a visa to, and the Attorney General shall exclude from the
United States, any alien who the Director determines car-
ried out or directed the carrying out of any act of category
1 or category 2 persecution.
(e) RELATIONSHIP TO OTHER PROVISIONS.—The effec-
tive dates of the sanctions provided in this section are sub-
ject to sections 8 and 11.
(f) DULY AUTHORIZED INTELLIGENCE ACTIVITIES.—
The prohibitions and restrictions of this section shall not
apply to the conduct of duly authorized intelligence activi-
ties of the United States Government.
(g) EFFECT ON EXISTING CONTRACTS.—The imposi-
tion of sanctions under this section shall not affect any con-
tract that is entered into by the Overseas Private Invest-
ment Corporation 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.
(h) 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 sanc-
tion 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
(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 Rela-
tions, Finance, the Judiciary, and Appropriations of
the Senate and to the Committees on International
Relations, the Judiciary, and Appropriations of the
House of Representatives a written notification of the
President’s intention to waive any such sanction.
The notification shall contain an explanation of the reasons
why the President considers the waiver to be necessary, the
type and amount of goods, services, or assistance to be pro-
vided 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 preced-
ing sentence, or any part of the explanation, may be sub-
mitted in classified form.
(b) ADDITIONAL INFORMATION.—In the case of a waiv-
er 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 President’s deter-
mination, and of the alternative measures the President in-
tends to implement in order to achieve the objectives of this
Act.
(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 President
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 written no-
tification of intention to waive the sanctions, certifies
that emergency conditions exist that make an imme-
diate waiver necessary.
(d) SENSE OF CONGRESS.—It is the sense of 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) CREDIBLE FEAR OF PERSECUTION DEFINED.—
Section 235(b)(1)(B)(v) of the Immigration and National-
ity Act (8 U.S.C. 1225(b)(1)(B)(v)) (as amended by section
302 of the Illegal Immigration Reform and Immigrant Re-
sponsibility Act of 1996; Public Law 104–208; 110 Stat.
3009–582) is amended by adding at the end the following:
‘‘Any alien who can credibly claim member-
ship in a persecuted community found to be
subject to category 1 or category 2 religious
persecution in the most recent annual re-
port sent by the Director of the Office of Re-
ligious Persecution Monitoring to the Con-
gress under section 6 of the Freedom From
Religious Persecution Act of 1997 shall be
considered to have a credible fear of persecu-
tion within the meaning of the preceding
sentence.’’.
(b) TRAINING
FOR
CERTAIN
IMMIGRATION
OFFI-
CERS.—Section 235 of the Immigration and Nationality
Act (8 U.S.C. 1225) (as amended by section 302 of the Ille-
gal Immigration Reform and Immigrant Responsibility Act
of 1996; Public Law 104–208; 110 Stat. 3009–579) is
amended by adding at the end the following:
‘‘(d) TRAINING ON RELIGIOUS PERSECUTION.—The
Attorney General shall establish and operate a program to
provide to immigration officers performing functions under
subsection (b), or section 207 or 208, training on religious
persecution, including training on—
‘‘(1) the fundamental components of the right to
freedom of religion;
‘‘(2) the variation in beliefs of religious groups;
and
‘‘(3) the governmental and nongovernmental
methods used in violation of the right to freedom of
religion.’’.
(c) ASYLUM.—Section 208 of the Immigration and Na-
tionality Act (8 U.S.C. 1158) (as amended by section 604
of the Illegal Immigration Reform and Immigrant Respon-
sibility Act of 1996; Public Law 104–208; 1110 Stat. 3009–
690) is amended by adding at the end the following:
‘‘(e) SPECIAL RULES FOR RELIGIOUS PERSECUTION
CLAIMS.—
‘‘(1) PROCEDURES UPON DENIAL.—
‘‘(A) IN GENERAL.—In any case in which
the Service denies or refers to an immigration
judge an asylum application filed by an alien
described in the second sentence of section
235(b)(1)(B)(v), or any care in which an immi-
gration judge denies such an application on the
ground that the alien is not a refugee within the
meaning of section 101(a)(42)(A), the Service
shall provide the alien with the following:
‘‘(i) A written statement containing
the reasons for the denial, which shall be
supported by references to—
‘‘(I) the most recent annual report
sent by the Director of the Office of Re-
ligious Persecution Monitoring to the
Congress under section 6 of the Free-
dom From Religious Persecution Act of
1997; and
‘‘(II) either—
‘‘(aa) the most recent country
report on human rights practices
issued by the Secretary of State;
or
‘‘(bb) any other report issued
by the Secretary of State concern-
ing conditions in the country of
which the alien is a national (or,
in the case of an alien having no
nationality, the country of the
alien’s last habitual residence).
‘‘(ii) A copy of any assessment sheet
prepared by an asylum officer for a super-
visory asylum officer with respect to the ap-
plication.
‘‘(iii) A list of any publicly available
materials relied upon by an asylum officer
as a basis for denying the application.
‘‘(iv) A copy of any materials relied
upon by an asylum officer as a basis for de-
nying the application that are not available
to the public, except Federal agency records
that are exempt from disclosure under sec-
tion 552(b) of title 5, United States Code.
‘‘(B) CREDIBILITY IN ISSUE.—In any case
described in subparagraph (A) in which the de-
nial is based, in whole or in part, on credibility
grounds, the Service shall also provide the alien
with the following:
‘‘(i) The statements by the applicant,
or other evidence, that were found not to be
credible.
‘‘(ii) A statement certifying that the
applicant was provided an opportunity to
respond to the Service’s position on the
credibility issue.
‘‘(iii) A brief summary of such re-
sponse, if any was made.
‘‘(iv) An explanation of how the nega-
tive determination on the credibility issue
relates to the applicant’s religious persecu-
tion claim.
‘‘(2) EFFECT IN SUBSEQUENT PROCEEDINGS.—
‘‘(A) USE AT OPTION OF APPLICANT.—Any
material provided to an alien under paragraph
(1) shall be considered part of the official record
pertaining to the alien’s asylum application sole-
ly at the option of the alien.
‘‘(B) NO EFFECT ON REVIEW.—The provi-
sion of any material under paragraph (1) to an
alien shall not be construed to alter any stand-
ard of review otherwise applicable in any ad-
ministrative or judicial adjudication concerning
the alien’s asylum application.
‘‘(3) DUTY TO SUBMIT REPORT ON RELIGIOUS
PERSECUTION.—In any judicial or administrative
proceeding in which the Service opposes granting asy-
lum to an alien described in the second sentence of
section 235(b)(1)(B)(v), the Service shall submit to
the court or administrative adjudicator a copy of the
most recent annual report submitted to the Congress
by the Director of the Office of Religious Persecution
Monitoring under section 6 of the Freedom From Re-
ligious Persecution Act of 1997, and any interim re-
ports issued by such Director after such annual re-
port.’’.
(d) ANNUAL REPORT.—Not later than January 1 of
each year, the Attorney General shall submit to the Director
an annual report that includes 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 developments with respect to
the adjudication of applications for asylum or refugee
status filed by an alien who claims to be a member
of a persecuted community that the Director found to
be subject to category 1 or category 2 religious perse-
cution in the most recent annual report submitted to
the Congress under section 6.
(5) With respect to the year that is the subject
of the report, a description of training on religious
persecution provided under section 235(d) of the Im-
migration and Nationality Act (as added by sub-
section (b)) to immigration officers performing func-
tions under section 235(b) of such Act, or adjudicat-
ing applications under section 207 or 208 of such Act,
including a list of speakers and materials used in
such training and the number of officers who received
such training.
(e) ADMISSION PRIORITY.—For purposes of section
207(a)(3) of the Immigration and Nationality Act, an indi-
vidual who is a member of a persecuted community that
the Director found to be subject to category 1 or category
2 religious persecution in the most recent annual report
submitted to the Congress under section 6, and is deter-
mined by the Attorney General to be a refugee within the
meaning of section 101(a)(42)(A) of the Immigration and
Nationality Act, shall be considered a refugee of special hu-
manitarian concern to the United States. In carrying out
such section, such an individual shall be given priority sta-
tus at least as high as that given to any member of any
other specific group of refugees of special concern to the
United States.
(f) NO EFFECT ON OTHERS’ RIGHTS.—Nothing in this
section, or any amendment made by this section, shall be
construed to deny any applicant for asylum or refugee sta-
tus (including any applicant who is not a member of a
persecuted community but whose claim is based on religious
persecution) any right, privilege, protection, or eligibility
otherwise provided by law.
(g) NO DISPLACEMENT OF OTHER REFUGEES.—Refu-
gees admitted to the United States as a result of the proce-
dures set forth in this section shall not displace other refu-
gees in need of resettlement who would otherwise have been
admitted in accordance with existing law and procedures.
(h) PERIOD FOR PUBLIC COMMENT AND REVIEW.—
Section 207(d) of the Immigration and Nationality 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 pub-
lic.
‘‘(B) Nothing in this paragraph may be construed to
apply subchapter II of chapter 5 of title 5, United States
Code, to the period of review and comment referred to in
subparagraph (A).’’.
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 free-
dom—
(1) consider the facts and circumstances of the
violation of the right to freedom of religion presented
by independent human rights groups and nongovern-
mental 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 gov-
ernment 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
(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 offi-
cials 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 viola-
tion of the right to freedom of religion; and
(B) the identification of independent human
rights groups and nongovernmental organiza-
tions with expertise in the matters described 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 respect
to religious persecution during the preceding 1-year
period, including a list of instructors and materials
used in such training and the number and rank of
individuals who received such training.
SEC. 11. TERMINATION OF SANCTIONS.
(a) TERMINATION.—The sanctions described in section
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 Sec-
retary 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 cat-
egory 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 withdrawn
before taking effect if the Secretary makes a written deter-
mination, 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 deter-
mination that the government of that country has provided
support for acts of international terrorism, including—
(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);
(6) section 527 of the Foreign Operations, Ex-
port Financing, and Related Programs Appropria-
tions Act, 1998 (as contained in Public Law 105–
118); and
(7) section 901(j) of the Internal Revenue Code
of 1986;
shall continue in effect after the enactment of this Act until
the Secretary of State determines that Sudan has substan-
tially eliminated religious persecution in that country, or
the determination that the government of that country has
provided support for acts of international terrorism 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 follow-
ing sanctions (to the extent not covered under subsection
(a)) shall apply with respect to Sudan:
(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
(IV) any person in the United
States.
(2) PROHIBITION ON IMPORTS FROM SUDAN.—No
article which is grown, produced, manufactured by,
marketed, or otherwise exported by the Government of
Sudan, may be imported into the United States.
(3) PROHIBITIONS ON UNITED STATES EXPORTS
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 Administra-
tion Act of 1979 (50 U.S.C. App. 2410) for vio-
lations under that Act.
(4) 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).
(B) REGULATIONS.—The Secretary of Com-
merce 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 Administra-
tion Act of 1979 (50 U.S.C. App. 2410) for vio-
lations under that Act.
(5) 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 Government
of Sudan or operating pursuant to a contract
with the Government of Sudan from engaging 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-
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 relating to
air services between their respective territories.
(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.
(6) 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.
(7) GOVERNMENT OF SUDAN BANK ACCOUNTS.—
(A) PROHIBITION.—A United States deposi-
tory 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)).
(8) PROHIBITION ON UNITED STATES GOVERN-
MENT PROCUREMENT FROM SUDAN.—
(A) PROHIBITION.—No department, agency,
or any other entity of the United States Govern-
ment may enter into a contract for the procure-
ment of goods or services from parastatal organi-
zations of Sudan, except for items necessary for
diplomatic or consular purposes.
(B) DEFINITION.—As used in this para-
graph, the term ‘‘parastatal organization of
Sudan’’ means a corporation, partnership, or en-
tity owned, controlled, or subsidized by the Gov-
ernment of Sudan.
(9) 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.
(10) 
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 nec-
essary to facilitate the collection of necessary intel-
ligence. Each such activity shall be considered as sig-
nificant anticipated intelligence activity for purposes
of section 501 of the National Security Act of 1947
(50 U.S.C. 413).
(11) PROHIBITION ON COOPERATION WITH IN-
TELLIGENCE SERVICES OF SUDAN.—
(A) SANCTION.—No agency or entity of the
United States involved in intelligence activities
may engage in any form of cooperation, direct or
indirect, with the Government of Sudan, except
for activities which are reasonably designed 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 Security
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 United
States to seek an international agreement with the
other industrialized democracies to bring about an
end to religious persecution by the Government of
Sudan. The net economic effect of such international
agreement should be measurably greater than the net
economic effect of the other measures imposed by this
section.
(2) COMMENCEMENT OF NEGOTIATIONS TO INITI-
ATE 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 industrialized de-
mocracies in order to reach an international agree-
ment to bring about an end to religious persecution
in Sudan. The international conference should begin
promptly and should be concluded 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 con-
taining—
(A) a description of efforts by the United
States to negotiate multilateral measures to
bring about an end to religious persecution in
Sudan; and
(B) a detailed description of economic and
other measures adopted by the other industri-
alized countries to bring about an end to reli-
gious persecution in Sudan, including an assess-
ment of the stringency with which such measures
are enforced by those countries.
(4) CONFORMITY OF UNITED STATES MEASURES
TO
INTERNATIONAL
AGREEMENT.—If the President
successfully concludes an international agreement de-
scribed in paragraph (2), the President may, after
such agreement enters into force with respect to the
United States, adjust, modify, or otherwise amend the
measures imposed under any provision of this section
to conform with such agreement.
(5) PROCEDURES
FOR
AGREEMENT
TO
ENTER
INTO FORCE.—Each agreement submitted to the Con-
gress under this subsection shall enter into force with
respect to the United States if—
(A) the President, not less than 30 days be-
fore the day on which the President enters into
such agreement, notifies the House of Representa-
tives and the Senate of the President’s intention
to enter into such an agreement, and promptly
thereafter publishes notice of such intention in
the Federal Register;
(B) after entering into the agreement, the
President transmits to the House of Representa-
tives and to the Senate a document containing
a copy of the final text of such agreement, to-
gether with—
(i) a description of any administrative
action proposed to implement such agree-
ment and an explanation as to how the pro-
posed administrative action would change
or affect existing law; and
(ii) a statement of the President’s rea-
sons regarding—
(I) how the agreement serves the
interest of United States foreign policy;
and
(II) why the proposed administra-
tive action is required or appropriate
to carry out the agreement; and
(C) a joint resolution approving such agree-
ment has been enacted, in accordance with sec-
tion 8066(c) of the Department of Defense Ap-
propriations Act, 1985 (as contained in Public
Law 98–473 (98 Stat. 1936)), within 30 days of
transmittal of such document to the Congress.
For purposes of applying such section 8066(c), any
reference in such section to ‘‘joint resolution’’, ‘‘resolu-
tion’’, or ‘‘resolution described in paragraph (1)’’
shall be deemed to refer to a joint resolution described
in subparagraph (C) of this paragraph.
(6) UNITED NATIONS SECURITY COUNCIL IMPOSI-
TION OF SAME MEASURES AGAINST SUDAN.—It is the
sense of the Congress that the President should in-
struct the Permanent Representative of the United
States to the United Nations to propose that the
United Nations Security Council, pursuant to Article
41 of the United Nations Charter, impose measures
against Sudan of the same type as are imposed by
this section.
(d) ADDITIONAL MEASURES
AND REPORTS; REC-
OMMENDATIONS OF THE PRESIDENT.—
(1) UNITED STATES POLICY TO END RELIGIOUS
PERSECUTION.—It shall be the policy of the United
States to impose additional measures against the
Government of Sudan if its policy of religious perse-
cution has not ended on or before December 25, 1998.
(2) REPORT TO CONGRESS.—The Director shall
prepare and transmit to the Speaker of the House of
Representatives and the Chairman of the Committee
on Foreign Relations of the Senate on or before Feb-
ruary 1, 1999, and every 12 months thereafter, a re-
port containing a determination by the Secretary of
State of whether the policy of religious persecution by
the Government of Sudan has ended.
(3) RECOMMENDATION FOR IMPOSITION OF ADDI-
TIONAL MEASURES.—If the Secretary of State deter-
mines that the policy of religious persecution by the
Government of Sudan has not ended, the President
shall prepare and transmit to the Speaker of the
House of Representatives and the Chairman of the
Committee on Foreign Relations of the Senate on or
before March 1, 1999, and every 12 months thereafter,
a report setting forth such recommendations for such
additional measures and actions against the Govern-
ment of Sudan as will end that government’s policy
of religious persecution.
(e) DEFINITIONS.—As used in this section:
(1) GOVERNMENT OF SUDAN.—The term ‘‘Gov-
ernment of Sudan’’ includes any agency or instru-
mentality of the Government of Sudan.
(2) NEW
INVESTMENT
IN
SUDAN.—The term
‘‘new investment in Sudan’’—
(A) means—
(i) a commitment or contribution of
funds or other assets, or
(ii) a loan or other extension of credit,
that is made on or after the effective date of this
subsection; and
(B) does not include—
(i) the reinvestment of profits gen-
erated by a controlled Sudanese entity into
that same controlled Sudanese entity, or the
investment of such profits in a Sudanese en-
tity;
(ii) contributions of money or other as-
sets where such contributions are necessary
to enable a controlled Sudanese entity to
operate in an economically sound manner,
without expanding its operations; or
(iii) the ownership or control of a
share or interest in a Sudanese entity or a
controlled Sudanese entity or a debt or eq-
uity security issued by the Government of
Sudan or a Sudanese entity before the date
of the enactment of this Act, or the transfer
or acquisition of such a share or interest, or
debt or equity security, if any such transfer
or acquisition does not result in a payment,
contribution of funds or assets, or credit to
a Sudanese entity, a controlled Sudanese
entity, or the Government of Sudan.
(3) CONTROLLED SUDANESE ENTITY.—The term
‘‘controlled Sudanese entity’’ means—
(A) a corporation, partnership, or other
business association or entity organized in
Sudan and owned or controlled, directly or indi-
rectly, by a United States person; or
(B) a branch, office, agency, or sole propri-
etorship in Sudan of a United States person.
(4) SUDANESE ENTITY.—The term ‘‘Sudanese en-
tity’’ means—
(A) a corporation, partnership, or other
business association or entity organized in
Sudan; or
(B) a branch, office, agency, or sole propri-
etorship in Sudan of a person that resides or is
organized outside Sudan.
(5) SUDAN.—The term ‘‘Sudan’’ means any area
controlled by the Government of Sudan or by any en-
tity allied with the Government of Sudan, and does
not include any area in which effective control is ex-
ercised by an entity engaged in active resistance to
the Government of Sudan.
(f) WAIVER AUTHORITY.—The President may waive
the imposition of any sanction against Sudan under para-
graph (3) or (9) of subsection (b) of this section for periods
of not more than 12 months each, if the President, for each
waiver—
(1) determines that the national security inter-
ests of the United States justify such a waiver; and
(2) provides to the Committees on Foreign Rela-
tions, Finance, the Judiciary, and Appropriations of
the Senate and to the Committees on International
Relations, Ways and Means, the Judiciary, and Ap-
propriations of the House of Representatives a writ-
ten notification of the President’s intention to waive
any such sanction.
The notification shall contain an explanation of the reasons
why the President considers the waiver to be necessary, the
type and amount of goods, services, or assistance to be pro-
vided 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 preced-
ing sentence, or any part of the explanation, may be sub-
mitted in classified form.
(g) DULY AUTHORIZED INTELLIGENCE ACTIVITIES.—
The prohibitions and restrictions contained in paragraphs
(1), (2), (3), (4), and (8) of subsection (b) shall not apply
to the conduct of duly authorized intelligence activities of
the United States Government.
SEC. 13. EXCEPTION FOR IMPORTATION OF CERTAIN AGRI-
CULTURAL PRODUCTS.
Notwithstanding any other provision of law, none of
the provisions of this Act shall restrict the importation of
gum Arabic from Sudan during a calendar year if, during
the preceding calendar year, a supply of that commodity
in unprocessed form of equal quality to that cultivated in
Sudan and not attributable to Sudan is not available in
sufficient supply to meet the needs of United States consum-
ers, processors, and manufacturers.
SEC. 14. EFFECTIVE DATE.
(a) IN GENERAL.—Subject to subsections (b) and (c),
this Act and the amendments made by this Act shall take
effect 120 days after the date of the enactment of this Act.
(b) APPOINTMENT OF DIRECTOR.—The Director shall
be appointed not later than 60 days after the date of the
enactment of this Act.
(c) REGULATIONS.—Each Federal department or agen-
cy responsible for carrying out any of the sanctions under
section 7 shall issue all necessary regulations to carry out
such sanctions within 120 days after the date of the enact-
ment of this Act.
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Freedom
From Religious Persecution Act of 1998’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress makes the
following findings:
(1) Governments have a primary re-
sponsibility to promote, encourage, and
protect respect for the fundamental and
internationally recognized right to free-
dom of religion.
(2)(A) Since its inception, the United
States Government has rested upon cer-
tain founding principles. One of those
principles is that all people have the in-
alienable right to worship freely, which
demands 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 mankind has the inalienable
right to ‘‘life, liberty, and the pursuit of
happiness’’, and in the United States Con-
stitution, the first amendment to which
states that ‘‘Congress shall make no law
respecting an establishment of religion,
or prohibiting the free exercise thereof’’.
Therefore, in accordance with this belief
in the inalienable right of freedom of reli-
gion for all people, as expressed by the
Declaration of Independence, and the be-
lief that religion should be protected
from government interference, as ex-
pressed by the United States Constitu-
tion, the Congress opposes international
religious persecution and believes that
the policies of the United States Govern-
ment and its relations with foreign gov-
ernments should be consistent with the
commitment to this principle.
(B) Numerous international agree-
ments and covenants also identify man-
kind’s inherent right to freedom of reli-
gion. These include the following:
(i) Article 18 of the Universal Dec-
laration of Human Rights states 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’’.
(ii) Article 18 of the Covenant on
Civil and Political Rights declares
that ‘‘Everyone shall have the right to
freedom of thought, conscience, and
religion . . .’’ and further delineates
the privileges under this right.
(iii) The Declaration on the Elimi-
nation of All Forms of Intolerance
and of Discrimination Based on Reli-
gion and Belief, adopted by the
United Nations General Assembly on
November 25, 1981, declares that ‘‘re-
ligion or belief, for anyone who pro-
fesses either, is one of the fundamen-
tal elements in his conception of
life . . .’’ and that ‘‘freedom of reli-
gion and belief should also contribute
to the attainment of the goals of
world peace, social justice and friend-
ship among peoples and to the elimi-
nation of ideologies or practices of
colonialism and racial discrimina-
tion’’.
(iv) The Concluding Document of
the Third Follow-Up Meeting of the
Organization for Security and Co-
operation in Europe commits states
to ‘‘ensure in their laws and regula-
tions and in their application the full
and effective exercise of the freedom
of thought, conscience, religion or be-
lief’’.
(3) Persecution of religious believers,
particularly Roman Catholic and evan-
gelical Protestant Christians, in Com-
munist countries persists and in some
cases is increasing.
(4) In many countries and regions
thereof, governments dominated by ex-
tremist movements persecute non-Mus-
lims and religious converts from Islam
using means such as ‘‘blasphemy’’ and
‘‘apostasy’’ laws, and such movements
seek to corrupt a historically tolerant Is-
lamic faith and culture through the per-
secution of Baha’is, Christians, and other
religious minorities.
(5) The extremist Government of
Sudan is waging a self-described reli-
gious war against Christians, other non-
Muslims, and moderate Muslims by using
torture, 
starvation, 
enslavement, 
and
murder.
(6) In Tibet, where Tibetan Buddhism
is inextricably linked to the Tibetan iden-
tity, the Government of the People’s Re-
public of China has intensified its control
over the Tibetan people by interfering in
the selection of the Panchen Lama, prop-
agandizing against the religious author-
ity of the Dalai Lama, restricting reli-
gious study and traditional religious
practices, and increasing the persecution
of monks and nuns.
(7) In Xinjiang Autonomous Region of
China, formerly the independent republic
of East Turkistan, where the Muslim reli-
gion is inextricably linked to the domi-
nant Uyghur culture, the Government of
the People’s Republic of China has inten-
sified its control over the Uyghur people
by systematically repressing religious au-
thority, restricting religious 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 religious
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 regarding these
matters in approving—
(A) House Resolution 515, ex-
pressing the sense of the House of
Representatives with respect to the
persecution of Christians worldwide;
(B) S. Con. Res. 71, expressing the
sense of the Senate with respect to
the persecution of Christians world-
wide;
(C) H. Con. Res. 102, concerning
the 
emancipation 
of 
the 
Iranian
Baha’i community; and
(D) section 1303 of H.R. 1561, the
Foreign Relations Authorization Act,
Fiscal Years 1996 and 1997.
(10) The Department of State, in a re-
port to Congress filed pursuant to House
Report 104–863, accompanying the Omni-
bus 
Consolidated 
Appropriations 
Act,
1997 (Public Law 104–208) set forth
strong evidence that widespread and on-
going religious persecution is occurring
in a number of countries around the
world.
(b) PURPOSE.—It is the purpose of this Act
to reduce and eliminate the widespread and
ongoing religious persecution 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 Reli-
gious Persecution Monitoring established
under section 5.
(2) LEGISLATIVE DAY.—The term ‘‘legis-
lative day’’ means a day on which both
Houses of Congress are in session.
(3) 
PERSECUTED
COMMUNITY.—The
term ‘‘persecuted 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 sub-
mitted thereafter under section 6(c) be-
fore the next annual report.
(4) PERSECUTION
FACILITATING
PROD-
UCTS.—The term ‘‘persecution facilitating
products’’ means those crime control, de-
tection, torture, and electroshock instru-
ments and equipment (as determined
under section 6(n) of the Export Adminis-
tration Act of 1979) that are directly and
substantially used or intended for use in
carrying out acts of persecution de-
scribed in paragraphs (5) and (6).
(5) CATEGORY
PERSECUTION.—The
term ‘‘category 1 persecution’’ means
widespread and ongoing persecution of
persons on account of their religious be-
liefs or practices, or membership in or af-
filiation with a religion or religious
group or denomination, whether offi-
cially recognized or otherwise, when
such persecution—
(A) includes abduction, enslave-
ment, killing, imprisonment, forced
mass relocation, rape, crucifixion or
other forms of torture, or the system-
atic imposition of fines or penalties
which have the purpose and effect of
destroying the economic existence of
persons on whom they are imposed;
and
cial government policy, but which the
government fails to undertake seri-
ous and sustained efforts to elimi-
nate, being able to do so.
(7) RESPONSIBLE
ENTITIES.—The term
‘‘responsible entities’’ means the specific
government units, as narrowly defined as
practicable, which directly carry out the
acts of persecution described in para-
graphs (5) and (6).
(8) SANCTIONED
COUNTRY.—The term
‘‘sanctioned country’’ means a country on
which 
sanctions 
have 
been 
imposed
under section 7.
(9) UNITED
STATES
ASSISTANCE.—The
term ‘‘United States assistance’’ means—
(A) any assistance under the For-
eign Assistance Act of 1961 (including
programs under title IV of chapter 2
of part I of that Act, relating to the
Overseas 
Private 
Investment 
Cor-
poration), other than—
(i) assistance under chapter 8
of part I of that Act;
(ii) any other narcotics-relat-
ed assistance 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 notification procedures ap-
plicable to reprogrammings pur-
suant to section 634A of that Act;
(iii) disaster relief assistance,
including 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 provision of food (including
monetization of food) or medi-
cine;
(vi) assistance for refugees;
and
(vii) humanitarian and other
development assistance in sup-
port of programs of nongovern-
mental organizations under chap-
ters 1 and 10 of that Act;
(B) sales, or financing on any
terms, under the Arms Export Con-
trol Act, other than sales or financing
provided for narcotics-related pur-
poses following notification in ac-
cordance with the prior notification
procedures 
applicable 
to
reprogrammings pursuant to section
634A of the Foreign Assistance Act of
1961; and
(C) financing under the Export-
Import Bank Act of 1945.
(10) UNITED STATES PERSON.—The term
‘‘United States person’’ means—
(A) any United States citizen or
alien lawfully admitted for perma-
nent residence into the United States;
and
(B) any corporation, partnership,
or other entity organized under the
laws of the United States or of any
State, the District of Columbia, or any
territory or possession of the United
States.
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 communities that
are subject to such persecution, extends to—
(1) all foreign countries in which al-
leged violations 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 non-
governmental organization in accordance
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 estab-
lished in the Department of State the Office
of Religious Persecution Monitoring (here-
after 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 Director shall re-
ceive compensation at 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 pleasure of the President.
(d) BARRED FROM OTHER FEDERAL POSI-
TIONS.—No person shall serve as Director
while serving in any other position in the Fed-
eral 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 an-
nual 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)).
ties within such countries, and prepare
and submit the annual report described
in section 6.
(4) Maintain the lists of persecution
facilitating products, and the responsible
entities within countries determined to
be engaged in persecution described in
paragraph (3), revising the lists in ac-
cordance with section 6(c) as additional
information 
becomes 
available. 
These
lists shall be published in the Federal
Register.
(5) In consultation with the Secretary
of State, make policy recommendations to
the President regarding the policies of
the United States Government toward
governments which are determined to be
engaged in religious persecution.
(6) Report directly to the President
and the Secretary of State, and coordi-
nate with the appropriate officials of the
Department of State, the Department 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.
(f) ADMINISTRATIVE MATTERS.—
(1) PERSONNEL.—The Director may ap-
point such personnel as may be necessary
to carry out the functions of the Office.
(2) SERVICES OF OTHER AGENCIES.—The
Director may use the personnel, services,
and facilities of any other department or
agency, on a reimbursable basis, in carry-
ing out the functions of the Office.
(g) RESPONSIBILITIES OF THE SECRETARY OF
STATE.—The Secretary of State, in time for in-
clusion in the annual report described in sub-
sections (a) and (b) of section 6, shall deter-
mine with respect to each country described
in section 4 whether there is category 1 or cat-
egory 2 persecution, and shall include in each
such determination the communities against
which such persecution is directed. Any de-
termination in any interim report described
in subsection (c) of section 6 that there is cat-
egory 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 Ju-
diciary, Appropriations, and Banking, Hous-
ing, and Urban Affairs of the Senate and to
the Committees on International Relations,
the Judiciary, Appropriations, and Banking
and Financial Services of the House of Rep-
resentatives a report described in subsection
(b).
(b) CONTENTS OF ANNUAL REPORT.—The an-
nual report of the Director shall include the
following:
(1) DETERMINATION OF RELIGIOUS PER-
SECUTION.—A copy of the determinations
of the Secretary of State pursuant to sub-
section (g) of section 5.
(2) IDENTIFICATION OF PERSECUTION FA-
CILITATING
PRODUCTS.—With respect to
each country in which the Secretary of
State has determined that there is either
category 1 or category 2 persecution, the
Director, in consultation with the Sec-
retary of Commerce, shall identify and
list the items on the list established
under section 6(n) of the Export Adminis-
tration Act of 1979 that are directly and
substantially used or intended for use in
carrying out acts of religious persecution
in such country.
(3) IDENTIFICATION OF RESPONSIBLE EN-
TITIES.—With respect to each country in
which the Secretary of State has deter-
mined that there is category 1 persecu-
tion, the Director shall identify and list
the responsible entities within that coun-
try that are engaged in such persecution.
Such entities shall be defined as nar-
rowly as possible.
(4) 
OTHER
REPORTS.—The 
Director
shall include the reports submitted to the
Director by the Attorney General under
section 9 and by the Secretary of State
under section 10.
(c) INTERIM REPORTS.—The Director may
submit interim reports to the Congress con-
taining such matters as the Director consid-
ers necessary, including revisions to the lists
issued under paragraphs (2) and (3) of sub-
section (b). The Director shall submit an in-
terim 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-
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 COUN-
TRY.—In determining whether category 1 or
category 2 persecution exists in a country, the
Secretary of State shall include such persecu-
tion that is limited to one or more regions
within the country, and shall indicate such re-
gions in the reports described in this section.
SEC. 7. SANCTIONS.
(a) PROHIBITION ON EXPORTS RELATING TO
RELIGIOUS PERSECUTION.—
(1) ACTIONS
BY
RESPONSIBLE
DEPART-
MENTS AND AGENCIES.—With respect to any
country in which—
(A) the Secretary of State finds
the occurrence of category 1 persecu-
tion, the Director shall so notify the
relevant United States departments
and agencies, and such departments
and agencies shall—
(i) prohibit all exports to the
responsible entities identified in
the lists issued under subsections
(b)(3) and (c) of section 6; and
(ii) 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; or
(B) the Secretary of State finds
the occurrence of category 2 persecu-
tion, the Director shall so notify the
relevant United States departments
and agencies, and such departments
and agencies shall prohibit the export
to such country of the persecution fa-
cilitating 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 respon-
sible entities identified in the lists
issued under subsections (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 section 6.
(B) With respect to any country in
which the Secretary of State finds the oc-
currence of category 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 subject to the pen-
alties 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 violations under that Act.
(4) EFFECTIVE DATE OF PROHIBITIONS.—
The prohibitions on exports under para-
graphs (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 exists,
(B) responsible entities are identi-
fied in that country in a list issued
under subsection (b)(3) or (c) of sec-
tion 6, or
(C) persecution facilitating prod-
ucts are identified in a list issued
under subsection (b)(2) or (c) of sec-
tion 6,
as the case may be.
(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 determines is en-
gaged in category 1 persecution, effective
90 days after the date on which the Di-
rector submits the report in which the
determination is included.
(2) 
CATEGORY
PERSECUTION.—No
United States assistance may be provided
to the government of any country in
which the Secretary of State determines
that there is category 2 persecution, ef-
fective 1 year after the date on which the
Director submits the report in which the
determination is included, if the Sec-
retary of State, in the next annual report
of the Director under section 6, deter-
mines that the country is engaged in cat-
egory 1 persecution or that category 2
persecution exists in that country.
(c) MULTILATERAL ASSISTANCE.—
(1) CATEGORY 1 PERSECUTION.—With re-
spect to any country which the Secretary
of State determines is engaged in cat-
egory 1 persecution, the President shall
instruct the United States Executive Di-
rector 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 uti-
lization of the funds of their respective
institutions to that country (other than
for humanitarian assistance, or for devel-
opment assistance which directly ad-
dresses basic human needs, is not admin-
istered by the government of the sanc-
tioned country, and confers no benefit on
the government of that country), effective
90 days after the Director submits the re-
port in which the determination is in-
cluded.
(2) CATEGORY 2 PERSECUTION.—With re-
spect to any country in which the Sec-
retary of State determines there is cat-
egory 2 persecution, the President shall
instruct the United States Executive Di-
rector 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 uti-
lization of the funds of their respective
institutions to that country (other than
for humanitarian assistance, or for devel-
opment assistance which directly ad-
dresses basic human needs, is not admin-
istered by the government of the sanc-
tioned country, and confers no benefit on
the government of that country), effective
1 year after the date on which the Direc-
tor submits the report in which the deter-
mination is included, if the Secretary of
State, in the next annual report of the Di-
rector under section 6, determines that
the country is engaged in category 1 per-
secution or that category 2 persecution
exists in that country.
(3) REPORTS TO CONGRESS.—If a coun-
try described in paragraph (1) or (2) is
granted a loan or other utilization of
funds notwithstanding the objection of
the United States under this subsection,
the Secretary of the Treasury shall report
to the Congress on the efforts made to
deny loans or other utilization of funds to
that country, and shall include in the re-
port specific and explicit recommenda-
tions designed to ensure that such loans
or other utilization of funds are denied to
that country in the future.
(4) DEFINITION.—As used in this sub-
section, the term ‘‘multilateral develop-
ment 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) DENIAL OF VISAS.—No consular officer
shall issue a visa to, and the Attorney General
shall exclude from the United States, any
alien who the Director determines carried out
or directed the carrying out of any act of cat-
egory 1 or category 2 persecution.
(e) RELATIONSHIP TO OTHER PROVISIONS.—
The effective dates of the sanctions provided
in this section are subject to sections 8 and 11.
(f) DULY AUTHORIZED INTELLIGENCE ACTIVI-
TIES.—The prohibitions and restrictions of
this section shall not apply to the conduct of
duly authorized intelligence activities of the
United States Government.
(g) EFFECT ON EXISTING CONTRACTS.—The
imposition of sanctions under this section
shall not affect any contract that is entered
into by the Overseas Private Investment Cor-
poration 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.
(h) 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 ef-
fect under that section.
SEC. 8. WAIVER OF SANCTIONS.
(a) WAIVER AUTHORITY.—Subject to sub-
section (b), the President may waive the impo-
sition of any sanction against a country under
section 7 for periods of not more than 12
months each, if the President, for each waiv-
er—
(1) determines—
(A) that the national security in-
terests of the United States justify
such a waiver; or
(B) that such a waiver will sub-
stantially promote the purposes of
this Act as set forth in section 2; and
(2) provides to the Committees on
Foreign Relations, Finance, the Judici-
ary, and Appropriations of the Senate
and to the Committees on International
Relations, the Judiciary, and Appropria-
tions of the House of Representatives a
written notification of the President’s in-
tention to waive any such sanction.
The notification shall contain an explanation
of the reasons why the President considers
the waiver to be necessary, the type and
amount of goods, services, or assistance to be
provided pursuant to the waiver, and the pe-
riod of time during which such a waiver will
be effective. When the President considers it
appropriate, the explanation under the pre-
ceding 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 no-
tification shall contain a detailed statement of
the facts particular to the country subject to
the waiver which justifies the President’s de-
termination, and of the alternative measures
the President intends to implement in order
to achieve the objectives of this Act.
(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
President may waive the imposition of
sanctions against a country under sub-
section (b) or (c) of section 7 to take ef-
fect immediately if the President, in the
written notification of intention to waive
the sanctions, certifies that emergency
conditions exist that make an immediate
waiver necessary.
(d) SENSE OF CONGRESS.—It is the sense of
Congress that in order to achieve the objec-
tives of this Act, the waiver authority pro-
vided in this section should be used only in
extraordinary circumstances.
SEC. 9. MODIFICATION OF IMMIGRATION POLICY.
(a) CREDIBLE FEAR
OF PERSECUTION DE-
FINED.—Section 235(b)(1)(B)(v) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C.
1225(b)(1)(B)(v)) (as amended by section 302 of
the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996; Public Law
104–208; 110 Stat. 3009–582) is amended by
adding at the end the following:
‘‘Any alien who can credibly claim
membership in a persecuted com-
munity found to be subject to cat-
egory 1 or category 2 religious
persecution in the most recent
annual report sent by the Direc-
tor of the Office of Religious Per-
secution Monitoring to the Con-
gress under section 6 of the Free-
dom From Religious Persecution
Act of 1997 shall be considered to
have a credible fear of persecu-
tion within the meaning of the
preceding sentence.’’.
(b) TRAINING FOR CERTAIN IMMIGRATION OF-
FICERS.—Section 235 of the Immigration and
Nationality Act (8 U.S.C. 1225) (as amended by
section 302 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996;
Public Law 104–208; 110 Stat. 3009–579) is
amended by adding at the end the following:
‘‘(d) TRAINING
ON
RELIGIOUS
PERSECU-
TION.—The Attorney General shall establish
and operate a program to provide to immigra-
tion officers performing functions under sub-
section (b), or section 207 or 208, training on
religious persecution, including training on—
‘‘(1) the fundamental components of
the right to freedom of religion;
‘‘(2) the variation in beliefs of reli-
gious groups; and
‘‘(3) the governmental and nongovern-
mental methods used in violation of the
right to freedom of religion.’’.
(c) ASYLUM.—Section 208 of the Immigra-
tion and Nationality Act (8 U.S.C. 1158) (as
amended by section 604 of the Illegal Immi-
gration Reform and Immigrant Responsibility
Act of 1996; Public Law 104–208; 1110 Stat.
3009–690) is amended by adding at the end the
following:
‘‘(e) SPECIAL RULES FOR RELIGIOUS PERSE-
CUTION CLAIMS.—
‘‘(1) PROCEDURES UPON DENIAL.—
‘‘(A) IN GENERAL.—In any case in
which the Service denies or refers to
an immigration judge an asylum ap-
plication filed by an alien described
in the second sentence of section
235(b)(1)(B)(v), or any care in which
an immigration judge denies such an
application on the ground that the
alien is not a refugee within the
meaning of section 101(a)(42)(A), the
Service shall provide the alien with
the following:
‘‘(i) A written statement con-
taining the reasons for the denial,
which shall be supported by ref-
erences to—
‘‘(I) the most recent an-
nual report sent by the Direc-
tor of the Office of Religious
Persecution Monitoring to the
Congress under section 6 of
the Freedom From Religious
Persecution Act of 1997; and
‘‘(II) either—
‘‘(aa) the most recent
country report on human
rights practices issued by
the Secretary of State; or
‘‘(bb) any other report
issued by the Secretary of
State 
concerning 
condi-
tions in the country of
which the alien is a na-
tional (or, in the case of
an alien having no nation-
ality, the country of the
alien’s last habitual resi-
dence).
‘‘(ii) A copy of any assessment
sheet prepared by an asylum offi-
cer for a supervisory asylum offi-
cer with respect to the applica-
tion.
‘‘(iii) A list of any publicly
available materials relied upon by
an asylum officer as a basis for
denying the application.
‘‘(iv) A copy of any materials
relied upon by an asylum officer
as a basis for denying the applica-
tion that are not available to the
public, 
except 
Federal 
agency
records that are exempt from dis-
closure under section 552(b) of
title 5, United States Code.
‘‘(B) CREDIBILITY IN ISSUE.—In any
case described in subparagraph (A) in
which the denial is based, in whole or
in part, on credibility grounds, the
Service shall also provide the alien
with the following:
‘‘(i) The statements by the ap-
plicant, or other evidence, that
were found not to be credible.
‘‘(ii) A statement certifying
that the applicant was provided
an opportunity to respond to the
Service’s position on the credibil-
ity issue.
‘‘(iii) A brief summary of such
response, if any was made.
‘‘(iv) An explanation of how
the negative determination on the
credibility issue relates to the ap-
plicant’s 
religious 
persecution
claim.
‘‘(2) EFFECT
IN
SUBSEQUENT
PROCEED-
INGS.—
‘‘(A) USE
AT
OPTION
OF
APPLI-
CANT.—Any material provided to an
alien under paragraph (1) shall be
considered part of the official record
pertaining to the alien’s asylum appli-
cation solely at the option of the
alien.
‘‘(B) NO
EFFECT
ON
REVIEW.—The
provision of any material under para-
graph (1) to an alien shall not be con-
strued to alter any standard of review
otherwise applicable in any adminis-
trative or judicial adjudication con-
cerning the alien’s asylum applica-
tion.
‘‘(3) DUTY TO SUBMIT REPORT ON RELI-
GIOUS
PERSECUTION.—In any judicial or
administrative proceeding in which the
Service opposes granting asylum to an
alien described in the second sentence of
section 235(b)(1)(B)(v), the Service shall
submit to the court or administrative ad-
judicator a copy of the most recent an-
nual report submitted to the Congress by
the Director of the Office of Religious
Persecution Monitoring under section 6
of the Freedom From Religious Persecu-
tion Act of 1997, and any interim reports
issued by such Director after such annual
report.’’.
(d) ANNUAL REPORT.—Not later than Janu-
ary 1 of each year, the Attorney General shall
submit to the Director an annual report that
includes 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 de-
nied, and the number that were finally
denied.
(3) In the case of such applications,
the number that were granted.
(4) A description of developments
with respect to the adjudication of appli-
cations for asylum or refugee status filed
by an alien who claims to be a member of
a persecuted community that the Direc-
tor found to be subject to category 1 or
category 2 religious persecution in the
most recent annual report submitted to
the Congress under section 6.
(5) With respect to the year that is
the subject of the report, a description of
training on religious persecution pro-
vided under section 235(d) of the Immi-
gration and Nationality Act (as added by
subsection (b)) to immigration officers
performing 
functions 
under 
section
235(b) of such Act, or adjudicating appli-
cations under section 207 or 208 of such
Act, including a list of speakers and ma-
terials used in such training and the
number of officers who received such
training.
(e) ADMISSION PRIORITY.—For purposes of
section 207(a)(3) of the Immigration and Na-
tionality Act, an individual who is a member
of a persecuted community that the Director
found to be subject to category 1 or category
2 religious persecution in the most recent an-
nual report submitted to the Congress under
section 6, and is determined by the Attorney
General to be a refugee within the meaning
of section 101(a)(42)(A) of the Immigration
and Nationality Act, shall be considered a ref-
ugee of special humanitarian concern to the
United States. In carrying out such section,
such an individual shall be given priority sta-
tus at least as high as that given to any mem-
ber of any other specific group of refugees of
special concern to the United States.
(f) NO EFFECT ON OTHERS’ RIGHTS.—Noth-
ing in this section, or any amendment made
by this section, shall be construed to deny any
applicant for asylum or refugee status (in-
cluding any applicant who is not a member of
a persecuted community but whose claim is
based on religious persecution) any right,
privilege, protection, or eligibility otherwise
provided by law.
(g) 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 resettlement who would otherwise
have been admitted in accordance with exist-
ing law and procedures.
(h) PERIOD FOR PUBLIC COMMENT AND RE-
VIEW.—Section 207(d) of the Immigration and
Nationality Act is amended by adding at the
end the following:
‘‘(4)(A) Notwithstanding any other provi-
sion of law, prior to each annual determina-
tion regarding refugee admissions under this
subsection, there shall be a period of public
review and comment, particularly by appro-
priate 
nongovernmental 
organizations,
churches, and other religious 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 Code, to the period of
review and comment referred to in subpara-
graph (A).’’.
SEC. 10. STATE DEPARTMENT HUMAN RIGHTS REPORTS.
(a) ANNUAL HUMAN RIGHTS REPORT.—In
preparing the annual reports of the State De-
partment 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 
cir-
cumstances of the violation of the right
to freedom of religion presented by inde-
pendent human rights groups and non-
governmental organizations;
(2) report on the extent of the viola-
tions of the right to freedom of religion,
specifically including whether the viola-
tions arise from governmental or non-
governmental sources, and whether the
violations are encouraged by the govern-
ment or whether the government fails to
exercise satisfactory efforts to control
such violations;
(3) report on whether freedom of reli-
gion violations occur on a nationwide, re-
gional, or local level; and
(4) identify whether the violations are
focused on an entire religion or on cer-
tain 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 officials having re-
porting 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 
beliefs 
of 
religious
groups, and the governmental and
nongovernmental methods used in
the violation of the right to freedom
of religion; and
(B) the identification of independ-
ent human rights groups and non-
governmental organizations with ex-
pertise in the matters described in
subparagraph (A); and
(2) submit to the Director, not later
than January 1 of each year, a report de-
scribing all training provided to Depart-
ment of State officials with respect to re-
ligious persecution during the preceding
1-year period, including a list of instruc-
tors and materials used in such training
and the number and rank of individuals
who received such training.
SEC. 11. TERMINATION OF SANCTIONS.
(a) 
TERMINATION.—The 
sanctions 
de-
scribed in section 7 shall cease to apply with
respect to a sanctioned country 45 days, or
the day after the 15th legislative day, which-
ever is later, after the Director, in an annual
report described in section 6(b), does not in-
clude a determination by the Secretary of
State that the sanctioned country is among
those in which category 1 or category 2 perse-
cution continues to exist, or in an interim re-
port under section 6(c), includes a determina-
tion by the Secretary of State that neither cat-
egory 1 nor category 2 persecution exists in
such country.
(b) WITHDRAWAL OF FINDING.—Any deter-
mination of the Secretary of State under sec-
tion 5(g) may be withdrawn before taking ef-
fect if the Secretary makes a written deter-
mination, on the basis of a preponderance of
the evidence, that the country substantially
eliminated any category 1 or category 2 perse-
cution that existed in that country. The Direc-
tor shall submit to the Congress each deter-
mination under this subsection.
SEC. 12. SANCTIONS AGAINST SUDAN.
(a) EXTENSION OF SANCTIONS UNDER EXIST-
ING LAW.—Any sanction imposed on Sudan be-
cause of a determination that the government
of that country has provided support for acts
of international terrorism, including—
(1) export controls imposed pursuant
to the Export Administration Act of 1979;
(2) prohibitions on transfers of muni-
tions under section 40 of the Arms Export
Control Act;
(3) 
the 
prohibition 
on 
assistance
under section 620A of the Foreign Assist-
ance 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 Oper-
ations, Export Financing, and Related
Programs Appropriations Act, 1998 (as
contained in Public Law 105–118);
100
shall continue in effect after the enactment of
this Act until the Secretary of State deter-
mines that Sudan has substantially elimi-
nated religious persecution in that country,
or the determination that the government of
that country has provided support for acts of
international terrorism is no longer in effect,
whichever occurs later.
(b) ADDITIONAL SANCTIONS ON SUDAN.—Ef-
fective 90 days after the date of the enactment
of this Act, the following sanctions (to the ex-
tent not covered under subsection (a)) shall
apply with respect to Sudan:
(1) PROHIBITION
ON
FINANCIAL
TRANS-
ACTIONS WITH GOVERNMENT OF SUDAN.—
(A) OFFENSE.—Any United States
person who knowingly engages in any
financial transaction, including any
loan or other extension of credit, di-
rectly or indirectly, with the Govern-
ment of Sudan shall be fined in ac-
cordance with title 18, United States
Code, or imprisoned for not more
than 10 years, or both.
101
(B) DEFINITIONS.—As used in this
paragraph:
(i) FINANCIAL
TRANSACTION.—
The term ‘‘financial transaction’’
has the meaning 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 citi-
zen or national;
(II) any alien lawfully ad-
mitted into the United States
for permanent residence;
(III) any juridical person
organized under the laws of
the United States; and
(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 soft-
ware, or goods or technology in-
102
tended to manufacture or service
computers may be exported to or for
use of the Government of Sudan.
(B) 
REGULATIONS
OF
THE
SEC-
RETARY OF COMMERCE.—The Secretary
of Commerce may prescribe such reg-
ulations as may be necessary to carry
out subparagraph (A).
(C) PENALTIES.—Any person who
violates this paragraph shall be sub-
ject to the penalties provided in sec-
tion 11 of the Export Administration
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 
person 
may, 
directly 
or
through another person, make any
new investment in Sudan that is not
prohibited by paragraph (1).
(B) REGULATIONS.—The Secretary
of Commerce may prescribe such reg-
ulations as may be necessary to carry
out subparagraph (A).
103
(C) PENALTIES.—Any person who
violates this paragraph shall be sub-
ject to the penalties provided in sec-
tion 11 of the Export Administration
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 controlled, directly
or indirectly, by the Government of
Sudan or operating pursuant to a
contract with the Government of
Sudan from engaging in air transpor-
tation 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
Secretary of Transportation shall pro-
hibit the takeoff and landing in
Sudan of any aircraft by an air car-
104
rier owned, directly or indirectly, or
controlled by a United States person,
except that such aircraft shall be al-
lowed to land in the event of an emer-
gency for which the safety of an air-
craft’s crew or passengers is threat-
ened, or for humanitarian purposes.
(C) TERMINATION
OF
AIR
SERVICE
AGREEMENTS.—To carry out subpara-
graphs (A) and (B), the Secretary of
State shall terminate any agreement
between the Government of Sudan
and the Government of the United
States relating to air services be-
tween their respective territories.
(D) DEFINITIONS.—For purposes of
this paragraph, the terms ‘‘aircraft’’,
‘‘air transportation’’, 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
106
(A) PROHIBITION.—No department,
agency, 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 purposes.
(B) DEFINITION.—As used in this
paragraph, the term ‘‘parastatal orga-
nization of Sudan’’ means a corpora-
tion, partnership, or entity owned,
controlled, or subsidized by the Gov-
ernment of Sudan.
(8) PROHIBITION ON UNITED STATES AP-
PROPRIATIONS FOR USE AS INVESTMENTS IN
OR TRADE SUBSIDIES FOR SUDAN.—None of
the funds appropriated 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 participation in exhibi-
tions and trade fairs in Sudan.
107
(9) PROHIBITION ON COOPERATION WITH
ARMED
FORCES
OF
SUDAN.—No agency or
entity of the United States may engage in
any form of cooperation, direct or indi-
rect, with the armed forces of Sudan, ex-
cept for activities which are reasonably
necessary to facilitate the collection of
necessary intelligence. Each such activity
shall be considered as significant antici-
pated intelligence activity for purposes of
section 501 of the National Security Act
of 1947 (50 U.S.C. 413).
(10) 
PROHIBITION
ON
COOPERATION
WITH INTELLIGENCE SERVICES OF SUDAN.—
(A) SANCTION.—No agency or en-
tity of the United States involved in
intelligence activities may engage in
any form of cooperation, direct or in-
direct, 
with 
the 
Government 
of
Sudan, except for activities which are
reasonably designed to facilitate the
collection of necessary intelligence.
(B) POLICY.—It is the policy of the
United States that no agency or en-
tity of the United States involved in
108
intelligence activities may provide
any intelligence information to the
Government of Sudan which pertains
to any internal group within Sudan.
Any change in such policy or any pro-
vision 
of 
intelligence 
information
contrary to this policy shall be con-
sidered a significant anticipated in-
telligence activity for purposes of sec-
tion 501 of the National Security Act
of 1947 (50 U.S.C. 413).
The sanctions described in this subsection
shall apply until the Secretary of State deter-
mines that Sudan has substantially elimi-
nated religious persecution in that country.
(c) MULTILATERAL EFFORTS TO END RELI-
GIOUS PERSECUTION IN SUDAN.—
(1) EFFORTS TO OBTAIN MULTILATERAL
MEASURES AGAINST SUDAN.—It is the policy
of the United States to seek an inter-
national agreement with the other indus-
trialized democracies to bring about an
end to religious persecution by the Gov-
ernment of Sudan. The net economic ef-
fect of such international agreement
109
should be measurably greater than the
net economic effect of the other measures
imposed by this section.
(2) COMMENCEMENT
OF
NEGOTIATIONS
TO
INITIATE
MULTILATERAL
SANCTIONS
AGAINST
SUDAN.—It is the sense of the
Congress that the President or, at his di-
rection, the Secretary of State should
convene an international conference of
the industrialized democracies in order
to reach an international agreement to
bring about an end to religious persecu-
tion in Sudan. The international con-
ference 
should 
begin 
promptly 
and
should be concluded 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 enact-
ment of this Act, the President shall sub-
mit to the Congress a report containing—
(A) a description of efforts by the
United States to negotiate multilat-
eral measures to bring about an end
110
to religious persecution in Sudan;
and
(B) a detailed description of eco-
nomic and other measures adopted
by the other industrialized countries
to bring about an end to religious
persecution in Sudan, including an
assessment of the stringency with
which such measures are enforced by
those countries.
(4) CONFORMITY
OF
UNITED
STATES
MEASURES TO INTERNATIONAL AGREEMENT.—
If the President successfully concludes an
international 
agreement 
described 
in
paragraph (2), the President may, after
such agreement enters into force with re-
spect to the United States, adjust, modify,
or otherwise amend the measures im-
posed under any provision of this section
to conform with such agreement.
(5) PROCEDURES
FOR
AGREEMENT
TO
ENTER INTO FORCE.—Each agreement sub-
mitted to the Congress under this sub-
section shall enter into force with respect
to the United States if—
111
(A) the President, not less than 30
days before the day on which the
President enters into such agree-
ment, notifies the House of Rep-
resentatives and the Senate of the
President’s intention to enter into
such an agreement, and promptly
thereafter publishes notice of such in-
tention in the Federal Register;
(B) after entering into the agree-
ment, the President transmits to the
House of Representatives and to the
Senate a document containing a copy
of the final text of such agreement,
together with—
(i) a description of any admin-
istrative action proposed to im-
plement such agreement and an
explanation as to how the pro-
posed 
administrative 
action
would change or affect existing
law; and
(ii) a statement of the Presi-
dent’s reasons regarding—
112
(I) 
how 
the 
agreement
serves the interest of United
States foreign policy; and
(II) why the proposed ad-
ministrative 
action 
is 
re-
quired 
or 
appropriate 
to
carry out the agreement; and
(C) a joint resolution approving
such agreement has been enacted, in
accordance with section 8066(c) of
the Department of Defense Appro-
priations Act, 1985 (as contained in
Public Law 98–473 (98 Stat. 1936)),
within 30 days of transmittal of such
document to the Congress.
For purposes of applying such section
8066(c), any reference in such section to
‘‘joint resolution’’, ‘‘resolution’’, or ‘‘reso-
lution described in paragraph (1)’’ shall
be deemed to refer to a joint resolution
described in subparagraph (C) of this
paragraph.
(6) UNITED NATIONS SECURITY COUNCIL
IMPOSITION
OF
SAME
MEASURES
AGAINST
SUDAN.—It is the sense of the Congress
113
that the President should instruct the
Permanent Representative of the United
States to the United Nations to propose
that the United Nations Security Council,
pursuant to Article 41 of the United Na-
tions Charter, impose measures against
Sudan of the same type as are imposed by
this section.
(d) ADDITIONAL MEASURES
AND REPORTS;
RECOMMENDATIONS OF THE PRESIDENT.—
(1) UNITED STATES POLICY TO END RELI-
GIOUS PERSECUTION.—It shall be the policy
of the United States to impose additional
measures against the Government of
Sudan if its policy of religious persecu-
tion has not ended on or before Decem-
ber 25, 1998.
(2) REPORT TO CONGRESS.—The Direc-
tor shall prepare and transmit to the
Speaker of the House of Representatives
and the Chairman of the Committee on
Foreign Relations of the Senate on or be-
fore February 1, 1999, and every 12
months thereafter, a report containing a
determination by the Secretary of State
114
of whether the policy of religious perse-
cution by the Government of Sudan has
ended.
(3) RECOMMENDATION
FOR
IMPOSITION
OF
ADDITIONAL
MEASURES.—If the Sec-
retary of State determines that the policy
of religious persecution by the Govern-
ment of Sudan has not ended, the Presi-
dent shall prepare and transmit to the
Speaker of the House of Representatives
and the Chairman of the Committee on
Foreign Relations of the Senate on or be-
fore March 1, 1999, and every 12 months
thereafter, a report setting forth such
recommendations 
for 
such 
additional
measures and actions against the Govern-
ment of Sudan as will end that govern-
ment’s policy of religious persecution.
(e) DEFINITIONS.—As used in this section:
(1) GOVERNMENT OF SUDAN.—The term
‘‘Government of Sudan’’ includes any
agency or instrumentality of the Govern-
ment of Sudan.
(2) NEW
INVESTMENT
IN
SUDAN.—The
term ‘‘new investment in Sudan’’—
115
(A) means—
(i) a commitment or contribu-
tion of funds or other assets, or
(ii) a loan or other extension
of credit,
that is made on or after the effective
date of this subsection; and
(B) does not include—
(i) the reinvestment of profits
generated by a controlled Suda-
nese entity into that same con-
trolled Sudanese entity, or the in-
vestment of such profits in a Su-
danese entity;
(ii) contributions of money or
other assets where such contribu-
tions are necessary to enable a
controlled Sudanese entity to op-
erate in an economically sound
manner, without expanding its
operations; or
(iii) the ownership or control
of a share or interest in a Suda-
nese entity or a controlled Suda-
nese entity or a debt or equity se-
116
curity issued by the Government
of Sudan or a Sudanese entity be-
fore the date of the enactment of
this Act, or the transfer or acqui-
sition of such a share or interest,
or debt or equity security, if any
such transfer or acquisition does
not result in a payment, contribu-
tion of funds or assets, or credit
to a Sudanese entity, a controlled
Sudanese entity, or the Govern-
ment of Sudan.
(3) CONTROLLED
SUDANESE
ENTITY.—
The term ‘‘controlled Sudanese entity’’
means—
(A) a corporation, partnership, or
other business association or entity
organized in Sudan and owned or
controlled, directly or indirectly, by a
United States person; or
(B) a branch, office, agency, or
sole proprietorship in Sudan of a
United States person.
(4) SUDANESE ENTITY.—The term ‘‘Su-
danese entity’’ means—