117
(A) a corporation, partnership, or
other business association or entity
organized in Sudan; or
(B) a branch, office, agency, or
sole proprietorship in Sudan of a per-
son that resides or is organized out-
side Sudan.
(5) SUDAN.—The term ‘‘Sudan’’ means
any area controlled by the Government of
Sudan or by any entity allied with the
Government of Sudan, and does not in-
clude any area in which effective control
is exercised by an entity engaged in ac-
tive resistance to the Government of
Sudan.
(f) WAIVER
AUTHORITY.—The President
may waive the imposition of any sanction
against Sudan under paragraph (2) or (8) of
subsection (b) of this section for periods of
not more than 12 months each, if the Presi-
dent, for each waiver—
(1) determines that the national secu-
rity interests of the United States justify
such a waiver; and
118
(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.
(g) DULY AUTHORIZED INTELLIGENCE ACTIVI-
TIES.—The prohibitions and restrictions con-
tained in paragraphs (1), (2), (3), and (7) of
subsection (b) shall not apply to the conduct
of duly authorized intelligence activities of
the United States Government.
119
SEC. 13. 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 Di-
rector shall be appointed not later than 60
days after the date of the enactment of this
Act.
(c) REGULATIONS.—Each Federal depart-
ment or agency 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 enactment 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 fol-
lowing 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.
120
(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 in-
corporated that principle in the Declara-
tion of Independence, which states that
mankind has the inalienable right to
‘‘life, liberty, and the pursuit of happi-
ness’’, and in the United States Constitu-
tion, the first amendment to which states
that ‘‘Congress shall make no law respect-
ing an establishment of religion, or pro-
hibiting the free exercise thereof’’. There-
fore, in accordance with this belief in the
inalienable right of freedom of religion
for all people, as expressed by the Dec-
laration of Independence, and the belief
that religion should be protected from
government interference, as expressed by
the United States Constitution, the Con-
gress opposes international religious per-
121
secution and believes that the policies of
the United States Government and its re-
lations with foreign governments 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.
122
(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 Novem-
ber 25, 1981, declares that ‘‘religion or
belief, for anyone who professes either,
is one of the fundamental 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 prac-
tices of colonialism and racial dis-
crimination’’.
(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 regulations
and in their application the full and
effective exercise of the freedom of
thought, conscience, religion or be-
lief’’.
123
(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-Muslims
and religious converts from Islam using
means such as ‘‘blasphemy’’ and ‘‘apos-
tasy’’ laws, and such movements seek to
corrupt a historically tolerant Islamic
faith and culture through the persecution
of Baha’is, Christians, and other religious
minorities.
(5) 
The 
extremist 
Government 
of
Sudan is waging a self-described religious
war against Christians, other non-Mus-
lims, and moderate Muslims by using tor-
ture, starvation, enslavement, and mur-
der.
(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
124
over the Tibetan people by interfering in
the selection of the Panchen Lama, propa-
gandizing against the religious authority
of the Dalai Lama, restricting 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 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 reli-
gious 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.
125
(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, express-
ing the sense of the House of Rep-
resentatives with respect to the perse-
cution 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 
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 ongoing re-
126
ligious persecution is occurring in a num-
ber 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 reli-
gious group or denomination whose mem-
bers have been found to be subject to cat-
egory 1 or category 2 persecution in the
latest annual report submitted under sec-
tion 6(a) or in any interim report submit-
ted thereafter under section 6(c) before
the next annual report.
127
(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 described
in paragraphs (5) and (6).
(5) 
CATEGORY
PERSECUTION.—The
term ‘‘category 1 persecution’’ means wide-
spread and ongoing persecution of per-
sons on account of their religious beliefs
or practices, or membership in or affili-
ation with a religion or religious group or
denomination, whether officially recog-
nized or otherwise, when such persecu-
tion—
(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
128
destroying the economic existence of
persons on whom they are imposed;
and
(B) is conducted with the involve-
ment or support of government offi-
cials or agents, or pursuant to official
government policy.
(6) 
CATEGORY
PERSECUTION.—The
term ‘‘category 2 persecution’’ means wide-
spread and ongoing persecution of per-
sons on account of their religious beliefs
or practices, or membership in or affili-
ation with a religion or religious group or
denomination, whether officially recog-
nized or otherwise, when such persecu-
tion—
(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
129
(B) is not conducted with the in-
volvement or support of government
officials or agents, or pursuant to offi-
cial 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
‘‘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 Corpora-
tion), other than—
130
(i) assistance under chapter 8
of part I of that Act;
(ii) any other narcotics-related
assistance under part I of that Act
or under chapter 4 or 5 of part II
of that Act, but any such assist-
ance provided under this clause
shall be subject to the prior notifi-
cation procedures applicable to
reprogrammings pursuant to sec-
tion 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 medicine;
(vi) assistance for refugees;
and
(vii) humanitarian and other
development assistance in support
of programs of nongovernmental
131
organizations under chapters 1
and 10 of that Act;
(B) sales, or financing on any
terms, under the Arms Export Control
Act, other than sales or financing pro-
vided for narcotics-related purposes
following notification in accordance
with the prior notification procedures
applicable to reprogrammings pursu-
ant to section 634A of the Foreign As-
sistance 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 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.
132
SEC. 4. APPLICATION AND SCOPE.
The responsibility of the Secretary of State
under section 5(g) to determine whether cat-
egory 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 (hereafter in
this Act referred to as the ‘‘Office’’).
133
(b) APPOINTMENT.—The head of the Office
shall be a Director who shall be appointed by
the President, by and with the advice and con-
sent of the Senate. The Director shall receive
compensation at the rate of pay in effect for
level IV of the Executive Schedule under sec-
tion 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)).
(2) Make findings of fact on violations
of religious freedom based on informa-
tion—
134
(A) considered under paragraph
(1); or
(B) 
presented 
by 
independent
human 
rights 
groups, 
nongovern-
mental organizations, or other inter-
ested parties, at any stage of the proc-
ess provided in this Act.
When appropriate, the Director may hold
public hearings subject to notice at which
such groups, organizations, or other inter-
ested parties can present testimony 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 recommendations to the
Secretary of State for consideration by the
Secretary in making determinations of
countries in which there is category 1 or
category 2 persecution under subsection
(g), identify the responsible 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
135
entities within countries determined to be
engaged in persecution described in para-
graph (3), revising the lists in accordance
with section 6(c) as additional informa-
tion 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 govern-
ments which are determined to be en-
gaged in religious persecution.
(6) Report directly to the President
and the Secretary of State, and coordinate
with the appropriate officials of the De-
partment of State, the Department of Jus-
tice, 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.
136
(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 deter-
mination 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,
137
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 sec-
tion 6(n) of the Export Administration Act
of 1979 that are directly and substantially
used or intended for use in carrying out
acts of religious persecution in such coun-
try.
138
(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 narrowly
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 considers
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 Director, that
category 1 or category 2 persecution exists, or
in the case of a determination by the Secretary
139
of State under section 11(a) that neither cat-
egory 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 persecution,
the Director shall so notify the rel-
evant 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
140
(ii) prohibit the export to such
country of the persecution facili-
tating 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 persecution,
the Director shall so notify the rel-
evant United States departments and
agencies, and such departments and
agencies shall prohibit the export to
such country of the persecution facili-
tating 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
141
(ii) export to that country any per-
secution facilitating products identi-
fied in the lists issued under sub-
sections (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 prod-
ucts identified in the lists issued under
subsections (b)(2) and (c) of section 6.
(3) PENALTIES.—Any person who know-
ingly violates the provisions of paragraph
(2) shall be subject to the penalties set
forth in subsections (a) and (b)(1) of sec-
tion 16 of the Trading With the Enemy Act
(50 U.S.C. App. 16 (a) and (b)(1)) for viola-
tions under that Act.
(4) EFFECTIVE DATE OF PROHIBITIONS.—
The prohibitions on exports under 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
142
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 Direc-
tor submits the report in which the deter-
mination 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, effective 1
143
year after the date on which the Director
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 ex-
ists 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 category
1 persecution, the President shall instruct
the United States Executive Director of
each multilateral development bank and
of the International Monetary Fund to
vote against, and use his or her best ef-
forts to deny, any loan or other utilization
of the funds of their respective institu-
tions to that country (other than for hu-
manitarian assistance, or for development
assistance which directly addresses basic
human needs, is not administered by the
government of the sanctioned country,
and confers no benefit on the government
144
of that country), effective 90 days after the
Director submits the report in which the
determination is included.
(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 in-
stitutions to that country (other than for
humanitarian assistance, or for develop-
ment assistance which directly addresses
basic human needs, is not administered
by the government of the sanctioned coun-
try, and confers no benefit on the govern-
ment of that country), effective 1 year
after the date on which the Director sub-
mits the report in which the determina-
tion is included, if the Secretary of State,
in the next annual report of the Director
under section 6, determines that the coun-
145
try is engaged in category 1 persecution 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 report
specific and explicit recommendations de-
signed 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) RELATIONSHIP TO OTHER PROVISIONS.—
The effective dates of the sanctions provided in
this section are subject to sections 8 and 11.
146
(e) 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.
(f) 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.
(g) EFFECT
OF
WAIVERS.—Any sanction
under this section shall not take effect during
the period after the President has notified the
Congress of a waiver of that sanction under
section 8 and before the waiver has taken 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
147
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 For-
eign Relations, Finance, the Judiciary,
and Appropriations of the Senate and to
the Committees on International Rela-
tions, 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 provided
pursuant to the waiver, and the period of time
during which such a waiver will be effective.
When the President considers it appropriate,
the explanation under the preceding sentence,
148
or any part of the explanation, may be submit-
ted 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 effect
immediately if the President, in the writ-
ten notification of intention to waive the
sanctions, certifies that emergency condi-
149
tions exist that make an immediate waiv-
er 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 provided
in this section should be used only in extraor-
dinary circumstances.
SEC. 9. MODIFICATION OF IMMIGRATION POLICY.
(a) INADMISSIBILITY
OF CERTAIN PARTICI-
PANTS IN RELIGIOUS PERSECUTION.—
(1) IN
GENERAL.—Section 212(a)(3) of
the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)) is amended by adding
at the end the following:
‘‘(F) PARTICIPANTS
IN
RELIGIOUS
PERSECUTION.—Any alien who carried
out or directed the carrying out of cat-
egory 1 persecution (as defined in sec-
tion 3 of the Freedom from Religious
Persecution Act of 1998) or category 2
persecution (as so defined) is inadmis-
sible.’’.
(2) 
APPLICABILITY.—The 
amendment
made by paragraph (1) shall apply to per-
150
secution occurring before, on, or after the
date of the enactment of this Act.
(b) REFUGEES.—
(1) GUIDELINES
FOR
ADDRESSING
BIAS
AFFECTING REFUGEES.—Not later than 180
days after the date of the enactment of
this Act, the Attorney General and the
Secretary of State shall jointly promul-
gate and implement guidelines for identi-
fying and addressing improper biases, af-
fecting the treatment of persons who may
be eligible for admission into the United
States as a refugee based upon a claim of
persecution or a well-founded fear of per-
secution on account of religion, on the
part of—
(A) 
immigration 
officers 
adju-
dicating applications for admission
as a refugee submitted by such per-
sons and interpreters assisting immi-
gration officers in adjudicating such
applications; and
(B) individuals and entities assist-
ing in the identification of such per-
151
sons and the preparation of such ap-
plications.
(2) ADMISSION PRIORITY.—For purposes
of section 207(a)(3) of the Immigration
and Nationality Act, an individual who is
a member of a persecuted community, and
is determined by the Attorney General to
be a refugee within the meaning of section
101(a)(42)(A) of the Immigration and Na-
tionality Act, shall be considered a refu-
gee of special humanitarian concern to
the United States. In carrying out such
section 207(a)(3), applicants for refugee
status who are members of a persecuted
community shall be given priority status
equal to that given to applicants who are
members of other specific groups of spe-
cial concern to the United States. This
paragraph shall be construed only to re-
quire that members of a persecuted com-
munity be accorded equal consideration
in determining admissions under section
207(a) of such Act, and shall not be con-
strued to require that any particular indi-
152
vidual or group be admitted under that
section.
(3) NO
EFFECT
ON
OTHERS’ RIGHTS.—
Nothing in this section, or any amend-
ment made by this section, shall be con-
strued to deny any applicant for asylum
or refugee status (including any applicant
who is not a member of a persecuted com-
munity but whose claim is based on race,
religion, nationality, membership in a
particular social group, or political opin-
ion) any right, privilege, protection, or eli-
gibility otherwise provided by law.
(4) NO DISPLACEMENT OF OTHER REFU-
GEES.—Refugees admitted to the United
States as a result of the procedures set
forth in this section shall not displace
other refugees in need of resettlement who
would otherwise have been admitted in
accordance with existing law and proce-
dures.
(5) PERIOD FOR PUBLIC COMMENT AND
REVIEW.—Section 207(d) of the Immigra-
tion and Nationality Act is amended by
adding at the end the following:
153
‘‘(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 re-
view 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).’’.
(c) ASYLEES.—
(1) GUIDELINES FOR ADDRESSING BIAS.—
Not later than 180 days after the date of
the enactment of this Act, the Attorney
General shall develop and implement
guidelines for identifying and addressing
improper biases, affecting the treatment
of persons who may be eligible for asylum
in the United States, based upon a claim
of persecution or a well-founded fear of
persecution on account of religion, on the
part of immigration officers carrying out
154
functions under section 208 or 235 of the
Immigration and Nationality Act and in-
terpreters assisting immigration officers
in carrying out such functions.
(2) STUDIES
OF
EFFECT
OF
EXPEDITED
REMOVAL PROVISIONS ON ASYLUM CLAIMS.—
(A) STUDIES.—
(i) PARTICIPATION
BY
UNITED
NATIONS
HIGH
COMMISSIONER
FOR
REFUGEES.—The Attorney General
shall invite the United Nations
High Commissioner for Refugees
to conduct a study, alone or in co-
operation with the Comptroller
General of the United States (as
determined in the discretion of the
United 
Nations 
High 
Commis-
sioner for Refugees), to determine
whether immigration officers de-
scribed in clause (ii) are engaging
in any of the conduct described in
such clause.
(ii) DUTIES
OF
COMPTROLLER
GENERAL.—The Comptroller Gen-
eral of the United States shall
155
conduct a study, alone or, upon re-
quest by the United Nations High
Commissioner for Refugees, in co-
operation with the United Nations
High Commissioner for Refugees,
to determine whether immigration
officers performing duties under
section 235(b) of the Immigration
and Nationality Act with respect
to aliens who may be eligible to be
granted asylum are engaging in
any of the following conduct:
(I) Improperly encourag-
ing such aliens to withdraw
their applications for admis-
sion.
(II) Incorrectly failing to
refer such aliens for an inter-
view by an asylum officer for a
determination of whether they
have a credible fear of perse-
cution (within the meaning of
section 235(b)(1)(B)(v) of such
Act).
156
(III) Incorrectly removing
such aliens to a country where
they may be persecuted.
(IV) Detaining such aliens
improperly or in inappropri-
ate conditions.
(B) REPORTS.—
(i) PARTICIPATION
BY
UNITED
NATIONS
HIGH
COMMISSIONER
FOR
REFUGEES.—The 
United 
Nations
High Commissioner for Refugees
may submit to the committees de-
scribed in clause (ii) a report con-
taining the results of a study con-
ducted under subparagraph (A)(i)
or, if the United Nations High
Commissioner for Refugees elected
to participate in the study con-
ducted 
under 
subparagraph
(A)(ii), may submit with the Comp-
troller 
General 
of 
the 
United
States a report under clause (ii).
(ii) DUTIES
OF
COMPTROLLER
GENERAL.—Not later than Septem-
ber 30, 1999, the Comptroller Gen-
157
eral of the United States shall
submit to the Committees on the
Judiciary of the House of Rep-
resentatives and the Senate, the
Committee on International Rela-
tions of the House of Representa-
tives, and the Committee on For-
eign Relations of the Senate a re-
port containing the results of the
study conducted under subpara-
graph (A)(ii). If the United Na-
tions High Commissioner for Refu-
gees requests to participate with
the Comptroller General in the
preparation and submission of the
report, the Comptroller General
shall grant the request.
(C) ACCESS TO PROCEEDINGS.—
(i) IN GENERAL.—Except as pro-
vided in clause (ii), to facilitate
the studies and reports, the Attor-
ney 
General 
shall 
permit 
the
United 
Nations 
High 
Commis-
sioner for Refugees and the Comp-
troller 
General 
of 
the 
United
158
States to have unrestricted access
to all stages of all proceedings
conducted under section 235(b).
(ii) 
EXCEPTIONS.—Clause 
(i)
shall not apply in cases in which
the alien objects to such access, or
the Attorney General determines
that the security of a particular
proceeding would be threatened by
such access, so long as any restric-
tions on the United Nations High
Commissioner for Refugees’ access
under this subparagraph do not
contravene international law.
(D) AUTHORIZATION OF APPROPRIA-
TIONS.—There are authorized to be ap-
propriated for fiscal year 1999 to
carry out this paragraph not to exceed
$1,000,000 to the Attorney General (for
a United States contribution to the Of-
fice of the United Nations High Com-
mission for Refugees for the activities
of the United Nations High Commis-
sioner for Refugees under this para-
graph) and not to exceed $1,000,000 to
159
the Comptroller General of the United
States.
(d) TRAINING.—
(1) TRAINING
ON
RELIGIOUS
PERSECU-
TION.—The Attorney General shall provide
training regarding religious persecution
to all immigration officers and immigra-
tion judges adjudicating applications for
admission as a refugee or asylum applica-
tions, including—
(A) country-specific instruction on
the practices and beliefs of religious
groups, and on the methods of govern-
mental and nongovernmental persecu-
tion employed on account of religious
practices and beliefs; and
(B) other relevant information
contained in the most recent annual
report submitted by the Director to the
Congress under section 6.
(2) INSTRUCTION BY NONGOVERNMENTAL
EXPERTS.—It is the sense of the Congress
that the Attorney General, in carrying out
paragraph (1)(A), should include in the
training under the paragraph, where
160
practicable, instruction by nongovern-
mental experts on religious persecution.
(3) TRAINING
FOR
IMMIGRATION
OFFI-
CERS
ADJUDICATING
REFUGEE
APPLICA-
TIONS.—Section 207 of the Immigration
and Nationality Act (8 U.S.C. 1157) is
amended by adding at the end the follow-
ing:
‘‘(f) The Attorney General shall provide
training in country conditions, refugee law,
and interview techniques, comparable to that
provided to full-time adjudicators of applica-
tions under section 208, to all immigration of-
ficers adjudicating applications for admission
as a refugee under this section.’’.
(e) REPORTING.—Not later than March 30
of each year, the Attorney General shall pro-
vide to the Director, for inclusion in the Direc-
tor’s annual report under section 6(b)(4), a re-
port containing the following:
(1) With respect to the year that is the
subject of the report, the number of appli-
cants for asylum or refugee status whose
applications were based, in whole or in
part, on religious persecution.
161
(2) In the case of such applications,
the number that were proposed to be de-
nied, and the number that were finally de-
nied.
(3) In the case of such applications,
the number that were granted.
(4) A description of other develop-
ments with respect to the adjudication of
applications for asylum or refugee status
that were based, in whole or in part, on
religious persecution.
(5) A description of the training con-
ducted for immigration officers and immi-
gration judges under subsection (d)(1), in-
cluding a list of speakers and materials
used in such training and the number of
immigration officers and immigration
judges who received such training.
(6) A description of the development
and implementation of anti-bias guide-
lines under subsections (b)(1) and (c)(1).
SEC. 10. STATE DEPARTMENT HUMAN RIGHTS REPORTS.
(a) ANNUAL HUMAN RIGHTS REPORT.—In
preparing the annual reports of the State De-
partment on human rights under sections
162
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 certain
denominations or sects.
163
(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 re-
ligion; 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 reli-
gious persecution during the preceding 1-