[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 772 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                  S. 772

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 SENATE OF THE UNITED STATES

                              May 21, 1997

Mr. Specter (for himself, Mr. Coverdell and Mr. Huctchinson) introduced 
  the following bill; which was referred to the Committee on Foreign 
                               Relations

_______________________________________________________________________

                                 A BILL


 
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.

    Be it enacted by the Senate and House of Representatives 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 1997''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) Governments have a primary responsibility to promote, 
        encourage, and protect respect for the fundamental and 
        internationally recognized right to freedom of religion.
            (2) The right to freedom of religion is recognized by 
        numerous international agreements and covenants, including the 
        following:
                    (A) Article 18 of the Universal Declaration 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''.
                    (B) 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.
            (3) Persecution of religious believers, particularly Roman 
        Catholic and evangelical Protestant Christians, in Communist 
        countries, such as Cuba, Laos, the People's Republic of China, 
        North Korea, and Vietnam, persists and in some cases is 
        increasing.
            (4) In many Islamic countries and regions thereof, 
        governments persecute non-Muslims and religious converts from 
        Islam using means such as ``blasphemy'' and ``apostasy'' laws, 
        and militant movements seek to corrupt a historically tolerant 
        Islamic faith and culture through the persecution of Baha'is, 
        Christians, and other religious minorities.
            (5) The militant, Islamic Government of Sudan is waging a 
        self-described religious war against Christian, non-Muslim, and 
        moderate Muslim persons by using torture, starvation, 
        enslavement, and murder.
            (6) In Tibet, where Tibetan Buddhism is inextricably linked 
        to the Tibetan identity, the Government of the People's 
        Republic of China has intensified its control over the Tibetan 
        people by perverting the selection of the Panchen Lama, 
        propagandizing against the religious authority of the Dalai 
        Lama, restricting religious study and traditional religious 
        practices, and increasing the persecution of monks and nuns.
            (7) The United States Government is committed to the right 
        to freedom of religion and its policies and relations with 
        foreign governments should be consistent with the commitment to 
        this principle.
            (8) 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 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 
                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.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) Director.--The term ``Director'' means the Director of 
        the Office of Religious Persecution Monitoring established 
        under section 5.
            (2) Persecuted community.--The term ``persecuted 
        community'' means any religious group or community identified 
        in section 4.
            (3) Persecution facilitating products, goods, and 
        services.--The term ``persecution facilitating products, goods, 
        and services'' means those products, goods, and services which 
        are being used or determined to be intended for use directly 
        and in significant measure to facilitate the carrying out of 
        acts of religious persecution.
            (4) Religious persecution.--
                    (A) In general.--The term ``religious persecution'' 
                means widespread and ongoing persecution of persons 
                because of their membership in or affiliation with a 
                religion or religious denomination, whether officially 
                recognized or otherwise, when such persecution includes 
                abduction, enslavement, killing, imprisonment, forced 
                mass resettlement, rape, or crucifixion or other forms 
                of torture.
                    (B) Category 1 religious persecution.--Category 1 
                religious persecution is religious persecution that is 
                conducted with the involvement or support of government 
                officials or its agents, or as part of official 
                government policy.
                    (C) Category 2 religious persecution.--Category 2 
                religious persecution is religious persecution that is 
                not conducted with the involvement or support of 
                government officials or its agents, or as part of 
                official government policy, but which the government 
                fails to undertake serious and sustained efforts to 
                eliminate.
            (5) Responsible entities.--The term ``responsible 
        entities'' means the specific government departments, agencies, 
        or units which directly carry out acts of religious 
        persecution.
            (6) Sanctioned country.--The term ``sanctioned country'' 
        means a country on which sanctions have been imposed under 
        section 7.
            (7) United states assistance.--The term ``United States 
        assistance'' means--
                    (A) any assistance under the Foreign Assistance Act 
                of 1961 (including programs under title IV of chapter 2 
                of part I of that Act, relating to the Overseas Private 
                Investment Corporation), other than--
                            (i) assistance under chapter 8 of part I of 
                        that Act;
                            (ii) any other narcotics-related assistance 
                        under part I of that Act, (including chapter 4 
                        of part II of that Act), but any such 
                        assistance provided under this clause shall be 
                        subject to the prior notification procedures 
                        applicable to reprogrammings pursuant to 
                        section 634A of that Act;
                            (iii) disaster relief assistance, including 
                        any assistance under chapter 9 of part I of 
                        that Act;
                            (iv) assistance which involves the 
                        provision of food (including monetization of 
                        food) or medicine; and
                            (v) assistance for refugees;
                    (B) sales, or financing on any terms, under the 
                Arms Export Control Act;
                    (C) the provision of agricultural commodities, 
                other than food, under the Agricultural Trade 
                Development and Assistance Act of 1954; and
                    (D) financing under the Export-Import Bank Act of 
                1945.
            (8) United states person.--Except as provided in section 
        12(b)(1), 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.

SEC. 4. APPLICATION AND SCOPE.

    (a) Scope.--The provisions of this Act shall apply to all 
persecuted religious groups and communities, and all countries and 
regions thereof, referred to in the resolutions and bill set forth in 
paragraph (8) of section 2 or referred to in paragraphs (3) through (6) 
of section 2, and to any community within any country or region thereof 
that the Director finds, by a preponderance of the evidence, is the 
target of religious persecution.
    (b) Designation of Additional Countries and Regions Thereof.--The 
Congress may designate additional countries or regions to which this 
Act applies by enacting legislation specifically citing the authority 
of this section.

SEC. 5. OFFICE OF RELIGIOUS PERSECUTION MONITORING.

    (a) Establishment.--There is established in the Executive Office of 
the President the Office of Religious Persecution Monitoring (hereafter 
in this Act referred to as the ``Office'').
    (b) Appointment.--The head of the Office shall be a Director who 
shall be appointed by the President, by and with the advice and consent 
of the Senate. The 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 the facts and circumstances of violations of 
        religious freedom presented in the annual reports of the 
        Department of State on human rights under sections 116(d) and 
        502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 
        2151n(d) and 2304(b)).
            (2) Consider the facts and circumstances of violations of 
        religious freedom presented by independent human rights groups 
        and nongovernmental organizations.
            (3) 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.
            (4) Prepare and submit the annual report described in 
        section 6, including the determination whether a particular 
        country is engaged in category 1 or category 2 religious 
        persecution, and identify the responsible entities within such 
        countries. This information shall be published in the Federal 
        Register.
            (5) Maintain the lists of persecution facilitating 
        products, goods, and services, and the responsible entities 
        within countries determined to be engaged in religious 
        persecution, described in paragraph (4), adding to the list as 
        information becomes available. This information shall be 
        published in the Federal Register.
            (6) Coordinate with the Secretary of State, the Attorney 
        General, the Secretary of Commerce, and the Secretary of the 
        Treasury to ensure that the provisions 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 Director 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.

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, Finance, 
the Judiciary, and Appropriations of the Senate and to the Committees 
on International Relations, Ways and Means, the Judiciary, and 
Appropriations of the House of Representatives a report described in 
subsection (b).
    (b) Contents of Annual Report.--The annual report of the Director 
shall include the following:
            (1) Determination of religious persecution.--With respect 
        to each country or region thereof described in section 4, the 
        Director shall include his or her determination, with respect 
        to each persecuted community, whether there is category 1 
        religious persecution or category 2 religious persecution.
            (2) Identification of persecution facilitating products, 
        goods, and services.--With respect to each country or region 
        thereof which the Director determines is engaged in either 
        category 1 or category 2 religious persecution, the Director, 
        in consultation with the Secretary of State and the Secretary 
        of Commerce, shall identify and list the persecution 
        facilitating products, goods, and services.
            (3) Identification of responsible entities.--With respect 
        to each country determined by the Director to be engaged in 
        category 1 religious persecution, the Director, in consultation 
        with the Secretary of State, shall identify and list the 
        responsible entities within that country that are engaged in 
        religious 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 containing such matters as the Director considers 
necessary.

SEC. 7. SANCTIONS.

    (a) Prohibition on Exports Relating to Religious Persecution.--
            (1) Actions by responsible departments and agencies.--With 
        respect to any country in which--
                    (A) the Director finds the occurrence of category 1 
                religious persecution, 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 listed under section 6(b)(3) or in any 
                        supplemental list of the Director; and
                            (ii) prohibit the export to such country of 
                        the persecution facilitating products, goods, 
                        and services listed under section 6(b)(2) or in 
                        any supplemental list of the Director; or
                    (B) the Director finds the occurrence of category 2 
                religious persecution, 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 facilitating 
                products, goods, and services listed under section 
                6(b)(2) or in any supplemental list of the Director.
            (2) Prohibitions on u.s. persons.--(A) With respect to any 
        country or region thereof in which the Director finds the 
        occurrence of category 1 religious persecution, no United 
        States person may--
                    (i) export any item to the responsible entities 
                listed under section 6(b)(3) or in any supplemental 
                list of the Director; and
                    (ii) export to that country any persecution 
                facilitating products, goods, and services listed under 
                section 6(b)(2) or in any supplemental list of the 
                Director.
            (B) With respect to any country in which the Director finds 
        the occurrence of category 2 religious persecution, no United 
        States person may export to that country any persecution 
        facilitating products, goods, and services listed under section 
        6(b)(2) or in any supplemental report of the Director.
            (3) Penalties.--Any person who violates the provisions of 
        paragraph (2) shall be subject 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 paragraph (1) shall take effect with respect to a 
        country 90 days after the finding of category 1 or category 2 
        religious persecution in that country or region thereof, except 
        as provided in section 11.
    (b) United States Assistance.--
            (1) Category 1 religious persecution.--No United States 
        assistance may be provided to the government of any country 
        which the Director determines is engaged in category 1 
        religious persecution, effective 90 days after the date on 
        which the Director submits the report in which the 
        determination is included.
            (2) Category 2 religious persecution.--No United States 
        assistance may be provided to the government of any country 
        which the Director determines is engaged in category 2 
        religious persecution, effective 1 year after the date on which 
        the Director submits the report in which the determination is 
        included, if the Director, in the next annual report of the 
        Director under section 6, determines that the country is 
        engaged in either category 1 or category 2 religious 
        persecution.
    (c) Multilateral Assistance.--
            (1) Category 1 religious persecution.--With respect to any 
        country which the Director determines is engaged in category 1 
        religious persecution, the President shall instruct the United 
        States Executive Director of each multilateral development bank 
        and of the International Monetary Fund to vote against, and use 
        his or her best efforts to deny, any loan or other utilization 
        of the funds of their respective institutions (other than for 
        humanitarian assistance) to that country, effective 90 days 
        after the Director submits the report in which the 
        determination is included.
            (2) Category 2 religious persecution.--With respect to any 
        country which the Director determines is engaged in category 2 
        religious persecution, the President shall instruct the United 
        States Executive Director of each multilateral development bank 
        and of the International Monetary Fund to vote against, and use 
        his or her best efforts to deny, any loan or other utilization 
        of the funds of their respective institutions (other than for 
        humanitarian assistance) to that country, effective 1 year 
        after the date on which the Director submits the report in 
        which the determination is included, if the Director, in the 
        next annual report of the Director under section 6, determines 
        that the country is engaged in either category 1 or category 2 
        religious persecution.
            (3) Reports to director.--If a country 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 Executive Director of the institution that 
        made the grant shall report to the President and 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 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 section 1701(c)(4) of the 
        International Financial Institutions Act (22 U.S.C. 
        262r(c)(4)).
    (d) Votes for WTO Membership.--In casting any vote concerning the 
membership of a country in the World Trade Organization, the President 
shall consider as a significant factor the fact that the country is 
listed in the Director's report as a country which is engaged in either 
category 1 or category 2 religious persecution.
    (e) Denial of Visas.--The Secretary of State shall deny the 
issuance of a visa to, and the Attorney General shall exclude from the 
United States, any alien who the Director determines carried out or is 
responsible for carrying out acts of religious persecution.

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 that national security interests justify 
        such a waiver; and
            (2) provides to the Committees on Foreign Relations, 
        Finance, the Judiciary, and Appropriations of the Senate and to 
        the Committees on International Relations, Ways and Means, the 
        Judiciary, and Appropriations of the House of Representatives a 
        written notification of the President's intention to waive any 
        such sanction.
The justification 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.
    (b) 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.
            (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 notification of intention to waive 
        the sanctions, certifies that emergency conditions exist that 
        make an immediate waiver necessary.
            (3) Computation of 45-day period.--The 45-day period 
        referred to in this subsection shall be computed by excluding--
                    (A) the days on which either House of Congress is 
                not in session because of an adjournment of more than 3 
                days to a day certain or an adjournment of the Congress 
                sine die; and
                    (B) any Saturday and Sunday, not excluded under 
                paragraph (1), when either House is not in session.

SEC. 9. MODIFICATION OF IMMIGRATION POLICY.

    (a) Credible Fear of Persecution Defined.--Section 235(b)(1)(B)(v) 
of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B)(v)) (as 
amended by section 302 of the Illegal Immigration Reform and Immigrant 
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 community found to be subject 
                        to category 1 or category 2 religious 
                        persecution in the most recent annual report 
                        sent by the Director of the Office of Religious 
                        Persecution Monitoring to the Congress under 
                        section 6 of the Freedom From Religious 
                        Persecution Act of 1997 shall be considered to 
                        have a credible fear of persecution within the 
                        meaning of the preceding sentence.''.
    (b) Training for Certain Immigration Officers.--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 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 Nationality Act (8 
U.S.C. 1158) (as amended by section 604 of the Illegal Immigration 
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 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 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 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 
                                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 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 supervisory 
                        asylum officer with respect to the application.
                            ``(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 
                        application that are not available to the 
                        public, except Federal agency records that are 
                        exempt from disclosure 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 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 response, 
                        if any was made.
                            ``(iv) An explanation of how the negative 
                        determination on the credibility issue relates 
                        to the applicant's religious persecution 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 solely at the option of 
                the alien.
                    ``(B) No effect on review.--The provision of any 
                material under paragraph (1) to an alien shall not be 
                construed to alter any standard of review otherwise 
                applicable in any administrative 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 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 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 Religious Persecution Act of 1997, and 
        any interim reports issued by such Director after such annual 
        report.''.
    (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 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 
        provided under section 235(d) of the Immigration and 
        Nationality Act (as added by subsection (b)) to immigration 
        officers performing functions under section 235(b) of such Act, 
        or adjudicating 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 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 annual 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 refugee of special humanitarian concern to the United 
States. In carrying out such section, such an individual shall be given 
priority status 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 status any right, privilege, 
protection, or eligibility otherwise provided by law.

SEC. 10. STATE DEPARTMENT HUMAN RIGHTS REPORTS.

    (a) Annual Human Rights Report.--In preparing the annual reports of 
the State Department on human rights under sections 116(d) and 502B(b) 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)), 
the Secretary of State shall, in the section on religious freedom--
            (1) consider the facts and circumstances of the violation 
        of the right to freedom of religion presented by independent 
        human rights groups and nongovernmental organizations;
            (2) report on the extent of the violations of the right to 
        freedom of religion, specifically including whether the 
        violations arise from governmental or nongovernmental sources, 
        and whether the violations are encouraged by the government or 
        whether the government fails to exercise satisfactory efforts 
        to control such violations;
            (3) report on whether freedom of religion violations 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 officials--
                    (A) having reporting responsibilities regarding the 
                freedom of religion, which shall include training on 
                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 independent human rights 
                groups and nongovernmental organizations with expertise 
                in the matters described in subparagraph (A); and
            (2) submit to the Director, not later than January 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 of Sanctions.--If the Director determines that a 
sanctioned country has substantially eliminated religious persecution 
in that country, the Director shall notify the Congress of that 
determination in writing. The sanctions described in section 7 shall 
cease to apply with respect to that country 45 days after the Congress 
receives the notification of such a determination. The 45-day period 
referred to in this section shall be computed by excluding--
            (1) the days on which either House of Congress is not in 
        session because of an adjournment of more than 3 days to a day 
        certain or an adjournment of the Congress sine die; and
            (2) any Saturday and Sunday, not excluded under paragraph 
        (1), when either House is not in session.
    (b) Withdrawal of Finding.--Any determination of the Director under 
section 6 may be withdrawn before taking effect if the Director makes a 
written determination, on the basis of a preponderance of the evidence, 
that the country substantially eliminated any category 1 or category 2 
religious 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 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 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(a) 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, Export 
        Financing, and Related Programs Appropriations Act, 1997 (as 
        contained in Public Law 104-208); and
            (7) section 901(j) of the Internal Revenue Code of 1986;
shall continue in effect after the enactment of this Act until the 
Director determines, in accordance with section 11, that Sudan has 
substantially 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. For purposes of the preceding sentence, the reference in 
section 11 to ``sanctions described in section 7'' shall be deemed to 
refer to sanctions described in paragraphs (1) through (7) of this 
subsection.
    (b) Additional Sanctions on Sudan.--Effective 90 days after the 
date of the enactment of this Act, the following sanctions (to the 
extent not covered under 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 transaction, 
                including any loan or other extension of credit, 
                directly or indirectly, with the Government 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 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 citizen or 
                                national;
                                    (II) any permanent resident alien;
                                    (III) any juridical person 
                                organized 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 exports.--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 Administration Act of 1979 (50 
                U.S.C. App. 2410) for violations under that Act.
            (4) 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 regulations as may be necessary to carry 
                out subparagraph (A).
                    (C) Penalties.--Any person who violates this 
                paragraph shall be subject to penalties provided in 
                section 11 of the Export Administration Act of 1979 (50 
                U.S.C. App. 2410) for violations 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 controlled, 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 Secretary of 
                Transportation shall prohibit the takeoff and landing 
                in Sudan of any aircraft by an air carrier owned, 
                directly or indirectly, or controlled 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 agreements.--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 transportation'', 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 depository 
                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 government procurement 
        from sudan.--
                    (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 organization of Sudan'' means a 
                corporation, partnership, or entity owned, controlled, 
                or subsidized by the Government of Sudan.
            (9) Prohibition on united states appropriations 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 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 cooperation, direct or indirect, with the armed 
        forces of Sudan, except for activities which are reasonably 
        necessary to facilitate the collection of necessary 
        intelligence. Each such activity shall be considered as 
        significant 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 intelligence 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 Government of Sudan which pertains 
                to any internal group within Sudan. Any change in such 
                policy or any provision of intelligence information 
                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 
Director determines, in accordance with section 11, that Sudan has 
substantially eliminated religious persecution in that country. For 
purposes of the preceding sentence, the reference in section 11 to 
``sanctions described in section 7'' shall be deemed to refer to the 
sanctions imposed under this subsection.
    (c) Multilateral Efforts To End Religious Persecution in Sudan.--
            (1) Efforts to obtain multilateral measures 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 initiate 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 other 
        industrialized democracies in order to reach an international 
        agreement 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 containing--
                    (A) a description of United States' efforts 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 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 
        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 Congress under this subsection shall 
        enter into force with respect to the United States if--
                    (A) the President, not less than 30 days before the 
                day on which the President enters into such agreement, 
                notifies the House of Representatives 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 Representatives and 
                to the Senate a document containing a copy of the final 
                text of such agreement, together with--
                            (i) a description of any administrative 
                        action proposed to implement such agreement and 
                        an explanation as to how the proposed 
                        administrative action would change or affect 
                        existing law; and
                            (ii) a statement of the President's reasons 
                        regarding--
                                    (I) how the agreement serves the 
                                interest of United States foreign 
                                policy; and
                                    (II) why the proposed 
                                administrative action is required 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 Appropriations 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 
        ``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 imposition of same 
        measures against sudan.--It is the sense of the Congress 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 Nations 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 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 persecution has not ended on or before December 25, 
        1997.
            (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 February 1, 1998, and every 12 months thereafter, a 
        report determining whether the policy of religious persecution 
        by the Government of Sudan has ended.
            (3) Recommendation for imposition of additional measures.--
        If the Director determines 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, 1998, and 
        every 12 months thereafter, a report setting forth 
        recommendations for such additional measures and actions 
        against the Government of Sudan as the Director determines will 
        end the government'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 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 generated 
                        by a controlled Sudanese entity into that same 
                        controlled Sudanese entity, or the investment 
                        of such profits in a Sudanese entity;
                            (ii) contributions of money or other assets 
                        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 equity 
                        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 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 ``Sudanese entity'' means--
                    (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 person that resides or is 
                organized outside Sudan.

SEC. 13. EFFECTIVE DATE.

    (a) In General.--Subject to subsections (b) and (c), and except as 
provided in section 12, 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 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.
                                 <all>