[Congressional Record Volume 143, Number 68 (Wednesday, May 21, 1997)]
[Senate]
[Pages S4881-S4887]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SPECTER (for himself, Mr. Coverdell and Mr. Hutchinson):
  S. 772. 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

[[Page S4882]]

purposes; to the Committee on Foreign Relations.


           The Freedom from Religious Persecution Act of 1997

  Mr. SPECTER. Mr. President, I have sought recognition today to once 
again address the subject of religious persecution. I have stood here 
before describing the horrible tragedies occurring in many parts of the 
world. Sadly, very little has been done to combat the problem. That is 
why I am introducing the Freedom From Religious Persecution Act of 
1997.
  Religious persecution is a subject of great personal interest. Both 
of my parents, my father from the Ukraine, my mother from a small town 
on the Polish-Russian border, came to this country to avoid religious 
persecution. Freedom from religious persecution is a concept 
fundamental to the ideals of this country and to peoples everywhere.
  Christians and other religious minorities have been and continue to 
be the victims of discrimination, rape, torture, enslavement, 
imprisonment, and even murder, because of their religious beliefs. This 
persecution continues today, often without diplomatic or other 
consequences for the offending regime. Christians are not the only ones 
being persecuted. Muslims and followers of other religions are also 
singled out for their beliefs.
  In January 1996, the White House promised that a new senior advisor 
position would be created in the Office of the President dedicated 
specifically to the issue of religious persecution overseas. No such 
position was ever created. Instead, President Clinton established a 
committee in the State Department that will report to the Secretary of 
State and will advise the Secretary on violations of religious freedoms 
abroad. The committee has since met, months have gone by, but still no 
action has been taken. Mr. President, I and many of my colleagues agree 
that the time for action is now. We do not need more reviews and 
studies or more advice on the subject. The instances of religious 
persecution are well documented. We need action.

  At the end of the 104th Congress, I introduced Senate Resolution 283, 
which discussed the need for quick, decisive action and called upon the 
President to appoint a White House advisor on religious persecution. 
After that, I worked with Senators Nickles, Nunn, and Coats on a 
broader Senate Concurrent Resolution, 71, which included my provisions 
on a White House Senior Advisor on religious persecution. Senate 
Concurrent Resolution 71, which I cosponsored, passed the Senate by 
voice vote but there was insufficient time remaining in the 104th 
Congress to secure passage in the House.
  So today, the persecution of Christians and other religious 
minorities continues to grow, often without diplomatic or other 
consequences for the offending regime. In countries such as Saudi 
Arabia, Sudan, China, and Ethiopia, Christians are systematically 
denied their religious liberties. Muslims have also been singled out 
for persecution in countries such as Burma, where Muslims are forced to 
relocate to undesirable areas and where Muslims are often denied 
educational opportunities.
  Several examples illustrate the gravity of the problem. The Sudanese 
Government continues to essentially wage a war against its Christian 
population. Reports detail the forced enslavement and conversion of the 
Christian populations from the southern regions of Sudan. The 
Government bombs and burns Christians villages, has taken more than 
30,000 Christian children as slaves in the last 6 years, and tortures 
Christian worshipers and their priests.
  In Pakistan in February of this year, thousands of Christians were 
attacked, many houses and six churches were set on fire. Nearly 1,000 
families were living in tents after being driven from their homes by 
rioters. Where was the Government to stop this terror? Where were the 
police?
  Persecution of Christians is by no means limited to the Islamic 
world. China continues to be one of the worst offenders. At least 75 
million Christians live in China but cannot practice their religion. 
Roman Catholics and Protestant Chinese are imprisoned and tortured for 
holding worship, preaching, or distributing bibles without permission.
  This past August 1996, I traveled to China and met with Chinese Vice-
Premier Qian Qichen to express my strong concerns about religious 
persecution in his country. On September 12, 1996, however, Chinese 
Premier Li Ping released a statement warning the Chinese people that 
the free exercise of their religious faith could result in harsh 
retribution.
  In August 1996 I also visited Saudi Arabia and met with Crown Prince 
Abdullah to discuss the restrictions that country has on religious 
practices. I was deeply troubled by the fact that United States troops 
stationed in Saudi Arabia are not permitted to exercise their religious 
beliefs or even fly the American flag. According to the Pueblo Program 
on Religious Freedom of Freedom House, the Saudi Government has even 
insisted that the United States Government restrict Christian worship 
by American citizens on United States Embassy grounds in Saudi Arabia. 
American officials have apparently acquiesced to some of these demands 
by, for example, restricting Christian services at the Embassy in 
Riyadh and prohibiting Christmas services for United States troops 
defending Saudi interests during the gulf war.
  Other examples of such persecution of Christians and other religious 
minorities abound. Earlier this year, I discussed the broad issue of 
religious persecution on the ``Capitol Enlightenment'' radio show in 
Virginia with host Bill Fenton and Jim Jacobson, president of Christian 
Solidarity International, and on ``The Diner'' cable television show in 
Pittsburgh, hosted by Tom Hinkling. The public response to these 
programs and my legislative efforts to combat religious persecution has 
been overwhelming. People from across the country have contacted me to 
urge me to continue the fight until Christians, Muslims, Jews, and 
others can practice their faith in any country without fear of 
reprisal.

  The time has come for the United States to stand up for the right of 
all people to enjoy the fundamental freedom of religious faith. That is 
why I am introducing legislation with Congressman Wolf that will 
establish the position of Senior Advisor to the President dedicated to 
combating religious persecution overseas.
  This legislation will also define degrees of religious persecution 
and will impose sanctions on offending entities. Degrees of religious 
persecution are defined by two categories of activity. The first is 
when religious persecution is ongoing and widespread and is carried out 
by the government or with the government's support. The second is when 
there is religious persecution that is not carried out with government 
support, but where the government fails to take serious efforts to 
eliminate the persecution.
  The legislation will ban exports to the specific foreign government 
entity that carries out the persecution. These sanctions would take 
effect immediately upon the identification of the relevant entities and 
products. Additional sanctions would take effect after 90 days or 1 
year depending on the level of persecution. In addition, the 
legislation includes immediate sanctions against Sudan, a country where 
religious persecution is particularly egregious.
  This legislation requests more than just another report by the State 
Department. It is serious and it is tough. This legislation commits the 
United States to real action. There is no more time for talk.
  Mr. President, I ask unanimous consent that the full text of the bill 
be inserted into the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 772

       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

[[Page S4883]]

     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) H. Res. 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.--

[[Page S4884]]

     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

[[Page S4885]]

     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 in any case 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

[[Page S4886]]

     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

[[Page S4887]]

     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.
                                 ______