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105th Congress                                            Rept. 105-480
                        HOUSE OF REPRESENTATIVES

 2d Session                                                      Part 3
_______________________________________________________________________


 
             FREEDOM FROM RELIGIOUS PERSECUTION ACT OF 1998

_______________________________________________________________________


                  May 8, 1998.--Ordered to be printed

                                _______
                                

Mr. Smith of Texas, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 2431]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 2431) 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, having considered the 
same, reports favorably thereon with an amendment and 
recommends that the bill as amended do pass.

                           TABLE OF CONTENTS

                                                                   Page
The Amendment..............................................           2
Purpose and Summary........................................          16
Background and Need for the Legislation....................          16
Hearings...................................................          18
Committee Consideration....................................          18
Committee Oversight Findings...............................          18
New Budget Authority and Tax Expenditures..................          18
Congressional Budget Office Cost Estimate..................          18
Constitutional Authority Statement.........................          22
Section-by-Section Analysis and Discussion.................          22
Agency Views...............................................          23
Changes in Existing Law Made by the Bill, as Reported......          28
Additional Views...........................................          29

    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Freedom From Religious Persecution 
Act of 1998''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress makes the following findings:
            (1) Governments have a primary responsibility to promote, 
        encourage, and protect respect for the fundamental and 
        internationally recognized right to freedom of religion.
            (2)(A) Since its inception, the United States Government 
        has rested upon certain founding principles. One of those 
        principles is that all people have the inalienable right to 
        worship freely, which demands that religion be protected from 
        unnecessary government intervention. The Founding Fathers of 
        the United States incorporated that principle in the 
        Declaration of Independence, which states that mankind has the 
        inalienable right to ``life, liberty, and the pursuit of 
        happiness'', and in the United States Constitution, the first 
        amendment to which states that ``Congress shall make no law 
        respecting an establishment of religion, or prohibiting the 
        free exercise thereof''. Therefore, in accordance with this 
        belief in the inalienable right of freedom of religion for all 
        people, as expressed by the Declaration of Independence, and 
        the belief that religion should be protected from government 
        interference, as expressed by the United States Constitution, 
        the Congress opposes international religious persecution and 
        believes that the policies of the United States Government and 
        its relations with foreign governments should be consistent 
        with the commitment to this principle.
            (B) Numerous international agreements and covenants also 
        identify mankind's inherent right to freedom of religion. These 
        include the following:
                    (i) Article 18 of the Universal Declaration of 
                Human Rights states that ``Everyone has the right to 
                freedom of thought, conscience and religion; this right 
                includes freedom to change his religion or belief, and 
                freedom, either alone or in community with others and 
                in public or private, to manifest his religion or 
                belief in teaching, practice, worship and observance''.
                    (ii) Article 18 of the Covenant on Civil and 
                Political Rights declares that ``Everyone shall have 
                the right to freedom of thought, conscience, and 
                religion . . .'' and further delineates the privileges 
                under this right.
                    (iii) The Declaration on the Elimination of All 
                Forms of Intolerance and of Discrimination Based on 
                Religion and Belief, adopted by the United Nations 
                General Assembly on November 25, 1981, declares that 
                ``religion or belief, for anyone who professes either, 
                is one of the fundamental elements in his conception of 
                life . . .'' and that ``freedom of religion and belief 
                should also contribute to the attainment of the goals 
                of world peace, social justice and friendship among 
                peoples and to the elimination of ideologies or 
                practices of colonialism and racial discrimination''.
                    (iv) The Concluding Document of the Third Follow-Up 
                Meeting of the Organization for Security and 
                Cooperation in Europe commits states to ``ensure in 
                their laws and regulations and in their application the 
                full and effective exercise of the freedom of thought, 
                conscience, religion or belief''.
            (3) Persecution of religious believers, particularly Roman 
        Catholic and evangelical Protestant Christians, in Communist 
        countries persists and in some cases is increasing.
            (4) In many countries and regions thereof, governments 
        dominated by extremist movements persecute non-Muslims and 
        religious converts from Islam using means such as ``blasphemy'' 
        and ``apostasy'' laws, and such movements seek to corrupt a 
        historically tolerant Islamic faith and culture through the 
        persecution of Baha'is, Christians, and other religious 
        minorities.
            (5) The extremist Government of Sudan is waging a self-
        described religious war against Christians, other non-Muslims, 
        and moderate Muslims 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 interfering in 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) In Xinjiang Autonomous Region of China, formerly the 
        independent republic of East Turkistan, where the Muslim 
        religion is inextricably linked to the dominant Uyghur culture, 
        the Government of the People's Republic of China has 
        intensified its control over the Uyghur people by 
        systematically repressing religious authority, restricting 
        religious study and traditional practices, destroying mosques, 
        and increasing the persecution of religious clergy and 
        practitioners.
            (8) In countries around the world, Christians, Jews, 
        Muslims, Hindus, and other religious believers continue to be 
        persecuted on account of their religious beliefs, practices, 
        and affiliations.
            (9) The 104th Congress recognized the facts set forth in 
        this section and stated clearly the sense of the Senate and the 
        House of Representatives regarding these matters in approving--
                    (A) House Resolution 515, 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.
            (10) The Department of State, in a report to Congress filed 
        pursuant to House Report 104-863, accompanying the Omnibus 
        Consolidated Appropriations Act, 1997 (Public Law 104-208) set 
        forth strong evidence that widespread and ongoing religious 
        persecution is occurring in a number of countries around the 
        world.
    (b) Purpose.--It is the purpose of this Act to reduce and eliminate 
the widespread and ongoing religious persecution taking place 
throughout the world today.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) Director.--The term ``Director'' means the Director of 
        the Office of Religious Persecution Monitoring established 
        under section 5.
            (2) Legislative day.--The term ``legislative day'' means a 
        day on which both Houses of Congress are in session.
            (3) Persecuted community.--The term ``persecuted 
        community'' means any religious group or denomination whose 
        members have been found to be subject to category 1 or category 
        2 persecution in the latest annual report submitted under 
        section 6(a) or in any interim report submitted thereafter 
        under section 6(c) before the next annual report.
            (4) Persecution facilitating products.--The term 
        ``persecution facilitating products'' means those crime 
        control, detection, torture, and electroshock instruments and 
        equipment (as determined under section 6(n) of the Export 
        Administration Act of 1979) that are directly and substantially 
        used or intended for use in carrying out acts of persecution 
        described in paragraphs (5) and (6).
            (5) Category 1 persecution.--The term ``category 1 
        persecution'' means widespread and ongoing persecution of 
        persons on account of their religious beliefs or practices, or 
        membership in or affiliation with a religion or religious group 
        or denomination, whether officially recognized or otherwise, 
        when such persecution--
                    (A) includes abduction, enslavement, killing, 
                imprisonment, forced mass relocation, rape, crucifixion 
                or other forms of torture, or the systematic imposition 
                of fines or penalties which have the purpose and effect 
                of destroying the economic existence of persons on whom 
                they are imposed; and
                    (B) is conducted with the involvement or support of 
                government officials or agents, or pursuant to official 
                government policy.
            (6) Category 2 persecution.--The term ``category 2 
        persecution'' means widespread and ongoing persecution of 
        persons on account of their religious beliefs or practices, or 
        membership in or affiliation with a religion or religious group 
        or denomination, whether officially recognized or otherwise, 
        when such persecution--
                    (A) includes abduction, enslavement, killing, 
                imprisonment, forced mass relocation, rape, crucifixion 
                or other forms of torture, or the systematic imposition 
                of fines or penalties which have the purpose and effect 
                of destroying the economic existence of persons on whom 
                they are imposed; and
                    (B) is not conducted with the involvement or 
                support of government officials or agents, or pursuant 
                to official government policy, but which the government 
                fails to undertake serious and sustained efforts to 
                eliminate, being able to do so.
            (7) Responsible entities.--The term ``responsible 
        entities'' means the specific government units, as narrowly 
        defined as practicable, which directly carry out the acts of 
        persecution described in paragraphs (5) and (6).
            (8) Sanctioned country.--The term ``sanctioned country'' 
        means a country on which sanctions have been imposed under 
        section 7.
            (9) United states assistance.--The term ``United States 
        assistance'' means--
                    (A) any assistance under the 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 or under chapter 4 or 
                        5 of part II of that Act, but any such 
                        assistance provided under this clause shall be 
                        subject to the prior notification procedures 
                        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) antiterrorism assistance under chapter 
                        8 of part II of that Act;
                            (v) assistance which involves the provision 
                        of food (including monetization of food) or 
                        medicine;
                            (vi) assistance for refugees; and
                            (vii) humanitarian and other development 
                        assistance in support of programs of 
                        nongovernmental organizations under chapters 1 
                        and 10 of that Act;
                    (B) sales, or financing on any terms, under the 
                Arms Export Control Act, other than sales or financing 
                provided for narcotics-related purposes following 
                notification in accordance with the prior notification 
                procedures applicable to reprogrammings pursuant to 
                section 634A of the Foreign Assistance Act of 1961; and
                    (C) financing under the Export-Import Bank Act of 
                1945.
            (10) United states person.--The term ``United States 
        person'' means--
                    (A) any United States citizen or alien 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.

    The responsibility of the Secretary of State under section 5(g) to 
determine whether category 1 or category 2 persecution exists, and to 
identify persons and communities that are subject to such persecution, 
extends to--
            (1) all foreign countries in which alleged violations of 
        religious freedom have been set forth in the latest annual 
        report of the Department of State on human rights under 
        sections 116(d) and 502(b) of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2151n(d) and 2304(b)); and
            (2) such other foreign countries in which, either as a 
        result of referral by an independent human rights group or 
        nongovernmental organization in accordance with section 5(e)(2) 
        or otherwise, the Director has reason to believe category 1 or 
        category 2 persecution may exist.

SEC. 5. OFFICE OF RELIGIOUS PERSECUTION MONITORING.

    (a) Establishment.--There shall be established in the Department of 
State the Office of Religious 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 information regarding the facts and 
        circumstances of violations of religious freedom presented in 
        the annual reports of the Department of State on human rights 
        under sections 116(d) and 502B(b) of the Foreign Assistance Act 
        of 1961 (22 U.S.C. 2151n(d) and 2304(b)).
            (2) Make findings of fact on violations of religious 
        freedom based on information--
                    (A) considered under paragraph (1); or
                    (B) presented by independent human rights groups, 
                nongovernmental organizations, or other interested 
                parties, at any stage of the process provided in this 
                Act.
         When appropriate, the Director may hold public hearings 
        subject to notice at which such groups, organizations, or other 
        interested parties can present testimony and evidence of acts 
        of persecution occurring in countries being examined by the 
        Office.
            (3) On the basis of information and findings of fact 
        described in paragraphs (1) and (2), make recommendations to 
        the Secretary of State for consideration by the Secretary in 
        making determinations of countries in which there is category 1 
        or category 2 persecution under subsection (g), identify the 
        responsible entities within such countries, and prepare and 
        submit the annual report described in section 6.
            (4) Maintain the lists of persecution facilitating 
        products, and the responsible entities within countries 
        determined to be engaged in persecution described in paragraph 
        (3), revising the lists in accordance with section 6(c) as 
        additional information becomes available. These lists shall be 
        published in the Federal Register.
            (5) In consultation with the Secretary of State, make 
        policy recommendations to the President regarding the policies 
        of the United States Government toward governments which are 
        determined to be engaged in religious persecution.
            (6) Report directly to the President and the Secretary of 
        State, and coordinate with the appropriate officials of the 
        Department of State, the Department of Justice, the Department 
        of Commerce, and the Department of the Treasury, to ensure that 
        the provisions of this Act are fully and effectively 
        implemented.
    (f) Administrative Matters.--
            (1) Personnel.--The Director may 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.
    (g) Responsibilities of the Secretary of State.--The Secretary of 
State, in time for inclusion in the annual report described in 
subsections (a) and (b) of section 6, shall determine with respect to 
each country described in section 4 whether there is category 1 or 
category 2 persecution, and shall include in each such determination 
the communities against which such persecution is directed. Any 
determination in any interim report described in subsection (c) of 
section 6 that there is category 1 or category 2 persecution in a 
country shall be made by the Secretary of State.

SEC. 6. REPORTS TO CONGRESS.

    (a) Annual Reports.--Not later than April 30 of each year, the 
Director shall submit to the Committees on Foreign Relations, the 
Judiciary, Appropriations, and Banking, Housing, and Urban Affairs of 
the Senate and to the Committees on International Relations, the 
Judiciary, Appropriations, and Banking and Financial Services 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.--A copy of the 
        determinations of the Secretary of State pursuant to subsection 
        (g) of section 5.
            (2) Identification of persecution facilitating products.--
        With respect to each country in which the Secretary of State 
        has determined that there is either category 1 or category 2 
        persecution, the Director, in consultation with the Secretary 
        of Commerce, shall identify and list the items on the list 
        established under section 6(n) of the Export Administration Act 
        of 1979 that are directly and substantially used or intended 
        for use in carrying out acts of religious persecution in such 
        country.
            (3) Identification of responsible entities.--With respect 
        to each country in which the Secretary of State has determined 
        that there is category 1 persecution, the Director shall 
        identify and list the responsible entities within that country 
        that are engaged in such persecution. Such entities shall be 
        defined as narrowly as possible.
            (4) Other reports.--The Director shall 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, including revisions to the lists issued under paragraphs (2) 
and (3) of subsection (b). The Director shall submit an interim report 
in the case of a determination by the Secretary of State under section 
5(g), other than in an annual report of the Director, that category 1 
or category 2 persecution exists, or in the case of a determination by 
the Secretary of State under section 11(a) that neither category 1 or 
category 2 persecution exists.
    (d) Persecution in Regions of a Country.--In determining whether 
category 1 or category 2 persecution exists in a country, the Secretary 
of State shall include such persecution that is limited to one or more 
regions within the country, and shall indicate such regions in the 
reports described in this section.

SEC. 7. SANCTIONS.

    (a) Prohibition on Exports Relating to Religious Persecution.--
            (1) Actions by responsible departments and agencies.--With 
        respect to any country in which--
                    (A) the Secretary of State finds the occurrence of 
                category 1 persecution, the Director shall so notify 
                the relevant United States departments and agencies, 
                and such departments and agencies shall--
                            (i) prohibit all exports to the responsible 
                        entities identified in the lists issued under 
                        subsections (b)(3) and (c) of section 6; and
                            (ii) prohibit the export to such country of 
                        the persecution facilitating products 
                        identified in the lists issued under 
                        subsections (b)(2) and (c) of section 6; or
                    (B) the Secretary of State finds the occurrence of 
                category 2 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 identified in the lists issued under 
                subsections (b)(2) and (c) of section 6.
            (2) Prohibitions on u.s. persons.--(A) With respect to any 
        country in which the Secretary of State finds the occurrence of 
        category 1 persecution, no United States person may--
                    (i) export any item to the responsible entities 
                identified in the lists issued under subsections (b)(3) 
                and (c) of section 6; and
                    (ii) export to that country any persecution 
                facilitating products identified in the lists issued 
                under subsections (b)(2) and (c) of section 6.
            (B) With respect to any country in which the Secretary of 
        State finds the occurrence of category 2 persecution, no United 
        States person may export to that country any persecution 
        facilitating products identified in the lists issued under 
        subsections (b)(2) and (c) of section 6.
            (3) Penalties.--Any person who knowingly violates the 
        provisions of paragraph (2) shall be 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 paragraphs (1) and (2) shall take effect with 
        respect to a country 90 days after the date on which--
                    (A) the country is identified in a report of the 
                Director under section 6 as a country in which category 
                1 or category 2 persecution exists,
                    (B) responsible entities are identified in that 
                country in a list issued under subsection (b)(3) or (c) 
                of section 6, or
                    (C) persecution facilitating products are 
                identified in a list issued under subsection (b)(2) or 
                (c) of section 6,
        as the case may be.
    (b) United States Assistance.--
            (1) Category 1 persecution.--No United States assistance 
        may be provided to the government of any country which the 
        Secretary of State determines is engaged in category 1 
        persecution, effective 90 days after the date on which the 
        Director submits the report in which the determination is 
        included.
            (2) Category 2 persecution.--No United States assistance 
        may be provided to the government of any country in which the 
        Secretary of State determines that there is category 2 
        persecution, effective 1 year after the date on which the 
        Director submits the report in which the determination is 
        included, if the Secretary of State, in the next annual report 
        of the Director under section 6, determines that the country is 
        engaged in category 1 persecution or that category 2 
        persecution exists in that country.
    (c) Multilateral Assistance.--
            (1) Category 1 persecution.--With respect to any country 
        which the Secretary of State determines is engaged in category 
        1 persecution, the President shall instruct the United States 
        Executive Director of each multilateral development bank and of 
        the 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 to that country (other 
        than for humanitarian assistance, or for development assistance 
        which directly addresses basic human needs, is not administered 
        by the government of the sanctioned country, and confers no 
        benefit on the government of that country), effective 90 days 
        after the Director submits the report in which the 
        determination is included.
            (2) Category 2 persecution.--With respect to any country in 
        which the Secretary of State determines there is category 2 
        persecution, the President shall instruct the United States 
        Executive Director of each multilateral development bank and of 
        the International Monetary Fund to vote against, and use his or 
        her best efforts to deny, any loan or other utilization of the 
        funds of their respective institutions to that country (other 
        than for humanitarian assistance, or for development assistance 
        which directly addresses basic human needs, is not administered 
        by the government of the sanctioned country, and confers no 
        benefit on the government of that country), effective 1 year 
        after the date on which the Director submits the report in 
        which the determination is included, if the Secretary of State, 
        in the next annual report of the Director under section 6, 
        determines that the country is engaged in category 1 
        persecution or that category 2 persecution exists in that 
        country.
            (3) Reports to congress.--If a country described in 
        paragraph (1) or (2) is granted a loan or other utilization of 
        funds notwithstanding the objection of the United States under 
        this subsection, the Secretary of the Treasury shall report to 
        the Congress on the efforts made to deny loans or other 
        utilization of funds to that country, and shall include in the 
        report specific and explicit recommendations 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) Relationship to Other Provisions.--The effective dates of the 
sanctions provided in this section are subject to sections 8 and 11.
    (e) Duly Authorized Intelligence Activities.--The prohibitions and 
restrictions of this section shall not apply to the conduct of duly 
authorized intelligence activities of the United States Government.
    (f) Effect on Existing Contracts.--The imposition of sanctions 
under this section shall not affect any contract that is entered into 
by the Overseas Private Investment Corporation before the sanctions are 
imposed, is in force on the date on which the sanctions are imposed, 
and is enforceable in a court of law on such date.
    (g) Effect of Waivers.--Any sanction under this section shall not 
take effect during the period after the President has notified the 
Congress of a waiver of that sanction under section 8 and before the 
waiver has taken effect under that section.

SEC. 8. WAIVER OF SANCTIONS.

    (a) Waiver Authority.--Subject to subsection (b), the President may 
waive the imposition of any sanction against a country under section 7 
for periods of not more than 12 months each, if the President, for each 
waiver--
            (1) determines--
                    (A) that the national security interests of the 
                United States justify such a waiver; or
                    (B) that such a waiver will substantially promote 
                the purposes of this Act as set forth in section 2; and
            (2) provides to the Committees on Foreign Relations, 
        Finance, the Judiciary, and Appropriations of the Senate and to 
        the Committees on International Relations, the Judiciary, and 
        Appropriations of the House of Representatives a written 
        notification of the President's intention to waive any such 
        sanction.
The notification shall contain an explanation of the reasons why the 
President considers the waiver to be necessary, the type and amount of 
goods, services, or assistance to be provided pursuant to the waiver, 
and the period of time during which such a waiver will be effective. 
When the President considers it appropriate, the explanation under the 
preceding sentence, or any part of the explanation, may be submitted in 
classified form.
    (b) Additional Information.--In the case of a waiver under 
subsection (a)(1)(B), the notification shall contain a detailed 
statement of the facts particular to the country subject to the waiver 
which justifies the President's determination, and of the alternative 
measures the President intends to implement in order to achieve the 
objectives of this Act.
    (c) Taking Effect of Waiver.--
            (1) In general.--Subject to paragraph (2), a waiver under 
        subsection (a) shall take effect 45 days after its submission 
        to the Congress, or on the day after the 15th legislative day 
        after such submission, whichever is later.
            (2) In emergency conditions.--The President may waive the 
        imposition of sanctions against a country under 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.
    (d) Sense of Congress.--It is the sense of Congress that in order 
to achieve the objectives of this Act, the waiver authority provided in 
this section should be used only in extraordinary circumstances.

SEC. 9. MODIFICATION OF IMMIGRATION POLICY.

    (a) Inadmissibility of Certain Participants in Religious 
Persecution.--
            (1) In general.--Section 212(a)(3) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(a)(3)) is amended by adding at 
        the end the following:
                    ``(F) Participants in religious persecution.--Any 
                alien who carried out or directed the carrying out of 
                category 1 persecution (as defined in section 3 of the 
                Freedom from Religious Persecution Act of 1998) or 
                category 2 persecution (as so defined) is 
                inadmissible.''.
            (2) Applicability.--The amendment made by paragraph (1) 
        shall apply to persecution occurring before, on, or after the 
        date of the enactment of this Act.
    (b) Refugees.--
            (1) Guidelines for addressing bias affecting refugees.--Not 
        later than 180 days after the date of the enactment of this 
        Act, the Attorney General and the Secretary of State shall 
        jointly promulgate and implement guidelines for identifying and 
        addressing improper biases, affecting the treatment of persons 
        who may be eligible for admission into the United States as a 
        refugee based upon a claim of persecution or a well-founded 
        fear of persecution on account of religion, on the part of--
                    (A) immigration officers adjudicating applications 
                for admission as a refugee submitted by such persons 
                and interpreters assisting immigration officers in 
                adjudicating such applications; and
                    (B) individuals and entities assisting in the 
                identification of such persons and the preparation of 
                such applications.
            (2) Admission priority.--For purposes of section 207(a)(3) 
        of the Immigration and Nationality Act, an individual who is a 
        member of a persecuted community, and is determined by the 
        Attorney General to be a refugee within the meaning of section 
        101(a)(42)(A) of the Immigration and Nationality Act, shall be 
        considered a refugee of special humanitarian concern to the 
        United States. In carrying out such section 207(a)(3), 
        applicants for refugee status who are members of a persecuted 
        community shall be given priority status equal to that given to 
        applicants who are members of other specific groups of special 
        concern to the United States. This paragraph shall be construed 
        only to require that members of a persecuted community be 
        accorded equal consideration in determining admissions under 
        section 207(a) of such Act, and shall not be construed to 
        require that any particular individual or group be admitted 
        under that section.
            (3) No effect on others' rights.--Nothing in this section, 
        or any amendment made by this section, shall be construed to 
        deny any applicant for asylum or refugee status (including any 
        applicant who is not a member of a persecuted community but 
        whose claim is based on race, religion, nationality, membership 
        in a particular social group, or political opinion) any right, 
        privilege, protection, or eligibility otherwise provided by 
        law.
            (4) No displacement of other refugees.--Refugees admitted 
        to the United States as a result of the procedures set forth in 
        this section shall not displace other refugees in need of 
        resettlement who would otherwise have been admitted in 
        accordance with existing law and procedures.
            (5) Period for public comment and review.--Section 207(d) 
        of the Immigration and Nationality Act is amended by adding at 
        the end the following:
    ``(4)(A) Notwithstanding any other provision of law, prior to each 
annual determination regarding refugee admissions under this 
subsection, there shall be a period of public review and comment, 
particularly by appropriate nongovernmental organizations, churches, 
and other religious communities and organizations, and the general 
public.
    ``(B) Nothing in this paragraph may be construed to apply 
subchapter II of chapter 5 of title 5, United States Code, to the 
period of review and comment referred to in subparagraph (A).''.
    (c) Asylees.--
            (1) Guidelines for addressing bias.--Not later than 180 
        days after the date of the enactment of this Act, the Attorney 
        General shall develop and implement guidelines for identifying 
        and addressing improper biases, affecting the treatment of 
        persons who may be eligible for asylum in the United States, 
        based upon a claim of persecution or a well-founded fear of 
        persecution on account of religion, on the part of immigration 
        officers carrying out functions under section 208 or 235 of the 
        Immigration and Nationality Act and interpreters assisting 
        immigration officers in carrying out such functions.
            (2) Studies of effect of expedited removal provisions on 
        asylum claims.--
                    (A) Studies.--
                            (i) Participation by united nations high 
                        commissioner for refugees.--The Attorney 
                        General shall invite the United Nations High 
                        Commissioner for Refugees to conduct a study, 
                        alone or in cooperation with the Comptroller 
                        General of the United States (as determined in 
                        the discretion of the United Nations High 
                        Commissioner for Refugees), to determine 
                        whether immigration officers described in 
                        clause (ii) are engaging in any of the conduct 
                        described in such clause.
                            (ii) Duties of comptroller general.--The 
                        Comptroller General of the United States shall 
                        conduct a study, alone or, upon request by the 
                        United Nations High Commissioner for Refugees, 
                        in cooperation with the United Nations High 
                        Commissioner for Refugees, to determine whether 
                        immigration officers performing duties under 
                        section 235(b) of the Immigration and 
                        Nationality Act with respect to aliens who may 
                        be eligible to be granted asylum are engaging 
                        in any of the following conduct:
                                    (I) Improperly encouraging such 
                                aliens to withdraw their applications 
                                for admission.
                                    (II) Incorrectly failing to refer 
                                such aliens for an interview by an 
                                asylum officer for a determination of 
                                whether they have a credible fear of 
                                persecution (within the meaning of 
                                section 235(b)(1)(B)(v) of such Act).
                                    (III) Incorrectly removing such 
                                aliens to a country where they may be 
                                persecuted.
                                    (IV) Detaining such aliens 
                                improperly or in inappropriate 
                                conditions.
                    (B) Reports.--
                            (i) Participation by united nations high 
                        commissioner for refugees.--The United Nations 
                        High Commissioner for Refugees may submit to 
                        the committees described in clause (ii) a 
                        report containing the results of a study 
                        conducted under subparagraph (A)(i) or, if the 
                        United Nations High Commissioner for Refugees 
                        elected to participate in the study conducted 
                        under subparagraph (A)(ii), may submit with the 
                        Comptroller General of the United States a 
                        report under clause (ii).
                            (ii) Duties of comptroller general.--Not 
                        later than September 30, 1999, the Comptroller 
                        General of the United States shall submit to 
                        the Committees on the Judiciary of the House of 
                        Representatives and the Senate, the Committee 
                        on International Relations of the House of 
                        Representatives, and the Committee on Foreign 
                        Relations of the Senate a report containing the 
                        results of the study conducted under 
                        subparagraph (A)(ii). If the United Nations 
                        High Commissioner for Refugees requests to 
                        participate with the Comptroller General in the 
                        preparation and submission of the report, the 
                        Comptroller General shall grant the request.
                    (C) Access to proceedings.--
                            (i) In general.--Except as provided in 
                        clause (ii), to facilitate the studies and 
                        reports, the Attorney General shall permit the 
                        United Nations High Commissioner for Refugees 
                        and the Comptroller General of the United 
                        States to have unrestricted access to all 
                        stages of all proceedings conducted under 
                        section 235(b).
                            (ii) Exceptions.--Clause (i) shall not 
                        apply in cases in which the alien objects to 
                        such access, or the Attorney General determines 
                        that the security of a particular proceeding 
                        would be threatened by such access, so long as 
                        any restrictions on the United Nations High 
                        Commissioner for Refugees' access under this 
                        subparagraph do not contravene international 
                        law.
                    (D) Authorization of appropriations.--There are 
                authorized to be appropriated for fiscal year 1999 to 
                carry out this paragraph not to exceed $1,000,000 to 
                the Attorney General (for a United States contribution 
                to the Office of the United Nations High Commission for 
                Refugees for the activities of the United Nations High 
                Commissioner for Refugees under this paragraph) and not 
                to exceed $1,000,000 to the Comptroller General of the 
                United States.
    (d) Training.--
            (1) Training on religious persecution.--The Attorney 
        General shall provide training regarding religious persecution 
        to all immigration officers and immigration judges adjudicating 
        applications for admission as a refugee or asylum applications, 
        including--
                    (A) country-specific instruction on the practices 
                and beliefs of religious groups, and on the methods of 
                governmental and nongovernmental persecution employed 
                on account of religious practices and beliefs; and
                    (B) other relevant information contained in the 
                most recent annual report submitted by the Director to 
                the Congress under section 6.
            (2) Instruction by nongovernmental experts.--It is the 
        sense of the Congress that the Attorney General, in carrying 
        out paragraph (1)(A), should include in the training under the 
        paragraph, where practicable, instruction by nongovernmental 
        experts on religious persecution.
            (3) Training for immigration officers adjudicating refugee 
        applications.--Section 207 of the Immigration and Nationality 
        Act (8 U.S.C. 1157) is amended by adding at the end the 
        following:
    ``(f) The Attorney General shall provide training in country 
conditions, refugee law, and interview techniques, comparable to that 
provided to full-time adjudicators of applications under section 208, 
to all immigration officers adjudicating applications for admission as 
a refugee under this section.''.
    (e) Reporting.--Not later than March 30 of each year, the Attorney 
General shall provide to the Director, for inclusion in the Director's 
annual report under section 6(b)(4), a report containing the following:
            (1) With respect to the year that is the subject of the 
        report, the number of applicants for asylum or refugee status 
        whose applications were based, in whole or in part, on 
        religious persecution.
            (2) In the case of such applications, the number that were 
        proposed to be denied, and the number that were finally denied.
            (3) In the case of such applications, the number that were 
        granted.
            (4) A description of other developments with respect to the 
        adjudication of applications for asylum or refugee status that 
        were based, in whole or in part, on religious persecution.
            (5) A description of the training conducted for immigration 
        officers and immigration judges under subsection (d)(1), 
        including a list of speakers and materials used in such 
        training and the number of immigration officers and immigration 
        judges who received such training.
            (6) A description of the development and implementation of 
        anti-bias guidelines under subsections (b)(1) and (c)(1).

SEC. 10. STATE DEPARTMENT HUMAN RIGHTS REPORTS.

    (a) Annual Human Rights Report.--In preparing the annual reports of 
the State Department on human rights under sections 116(d) and 502B(b) 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)), 
the Secretary of State shall, in the section on religious freedom--
            (1) consider the facts and circumstances of the violation 
        of the right to freedom of religion 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 having 
        reporting responsibilities regarding the freedom of religion, 
        which shall include training on--
                    (A) the fundamental components of the right to 
                freedom of religion, the variation in 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.--The sanctions described in section 7 shall cease 
to apply with respect to a sanctioned country 45 days, or the day after 
the 15th legislative day, whichever is later, after the Director, in an 
annual report described in section 6(b), does not include a 
determination by the Secretary of State that the sanctioned country is 
among those in which category 1 or category 2 persecution continues to 
exist, or in an interim report under section 6(c), includes a 
determination by the Secretary of State that neither category 1 nor 
category 2 persecution exists in such country.
    (b) Withdrawal of Finding.--Any determination of the Secretary of 
State under section 5(g) may be withdrawn before taking effect if the 
Secretary makes a written determination, on the basis of a 
preponderance of the evidence, that the country substantially 
eliminated any category 1 or category 2 persecution that existed in 
that country. The Director shall submit to the Congress each 
determination under this subsection.

SEC. 12. SANCTIONS AGAINST SUDAN.

    (a) Extension of Sanctions Under Existing Law.--Any sanction 
imposed on Sudan because of a 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(b) of title 10, United States Code;
            (5) section 6 of the Bretton Woods Agreements Act 
        Amendments, 1978 (22 U.S.C. 286e-11);
            (6) section 527 of the Foreign Operations, Export 
        Financing, and Related Programs Appropriations Act, 1998 (as 
        contained in Public Law 105-118); and
            (7) section 901(j) of the Internal Revenue Code of 1986;
shall continue in effect after the enactment of this Act until the 
Secretary of State determines that Sudan has 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.
    (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 alien lawfully admitted 
                                into the United States for permanent 
                                residence;
                                    (III) any juridical person 
                                organized under the laws of the United 
                                States; and
                                    (IV) any person in the United 
                                States.
            (2) 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 the 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 
Secretary of State determines that Sudan has substantially eliminated 
religious persecution in that country.
    (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 
        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 efforts by the United States 
                to negotiate multilateral measures to bring about an 
                end to religious persecution in Sudan; and
                    (B) a detailed description of economic and other 
                measures adopted by the other 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, 
        1998.
            (2) Report to congress.--The Director shall prepare and 
        transmit to the Speaker of the House of Representatives and the 
        Chairman of the Committee on Foreign Relations of the Senate on 
        or before February 1, 1999, and every 12 months thereafter, a 
        report containing a determination by the Secretary of State of 
        whether the policy of religious persecution by the Government 
        of Sudan has ended.
            (3) Recommendation for imposition of additional measures.--
        If the Secretary of State 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, 1999, and 
        every 12 months thereafter, a report setting forth such 
        recommendations for such additional measures and actions 
        against the Government of Sudan as will end that government's 
        policy of religious persecution.
    (e) Definitions.--As used in this section:
            (1) Government of sudan.--The term ``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.
            (5) Sudan.--The term ``Sudan'' means any area controlled by 
        the Government of Sudan or by any entity allied with the 
        Government of Sudan, and does not include any area in which 
        effective control is exercised by an entity engaged in active 
        resistance to the Government of Sudan.
    (f) Waiver Authority.--The President may waive the imposition of 
any sanction against Sudan under paragraph (3) or (9) of subsection (b) 
of this section for periods of not more than 12 months each, if the 
President, for each waiver--
            (1) determines that the national security interests of the 
        United States 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 notification shall contain an explanation of the reasons why the 
President considers the waiver to be necessary, the type and amount of 
goods, services, or assistance to be provided pursuant to the waiver, 
and the period of time during which such a waiver will be effective. 
When the President considers it appropriate, the explanation under the 
preceding sentence, or any part of the explanation, may be submitted in 
classified form.
    (g) Duly Authorized Intelligence Activities.--The prohibitions and 
restrictions contained in paragraphs (1), (2), (3), (4), and (8) of 
subsection (b) shall not apply to the conduct of duly authorized 
intelligence activities of the United States Government.

SEC. 13. EXCEPTION FOR IMPORTATION OF CERTAIN AGRICULTURAL PRODUCTS.

    Notwithstanding any other provision of law, none of the provisions 
of this Act shall restrict the importation of gum Arabic from Sudan 
during a calendar year if, during the preceding calendar year, a supply 
of that commodity in unprocessed form of equal quality to that 
cultivated in Sudan and not attributable to Sudan is not available in 
sufficient supply to meet the needs of United States consumers, 
processors, and manufacturers.

SEC. 14. EFFECTIVE DATE.

    (a) In General.--Subject to subsections (b) and (c), this Act and 
the amendments made by this Act shall take effect 120 days after the 
date of the enactment of this Act.
    (b) Appointment of Director.--The Director shall be appointed not 
later than 60 days after the date of the enactment of this Act.
    (c) Regulations.--Each Federal department or 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.

                          Purpose and Summary

    H.R. 2431, the Freedom From Religious Persecution Act, is 
intended to reduce persecution of religious minorities abroad. 
It creates an Office of Religious Persecution Monitoring within 
the State Department that may designate groups suffering from 
widespread and ongoing persecution on account of religion as 
``persecuted communities.'' Once a group has been so 
designated, H.R. 2431 imposes sanctions on the responsible 
foreign government and grants benefits to members of the 
persecuted community.
    The immigration provisions of the bill are the only 
provisions within the jurisdiction of the Committee on the 
Judiciary. The immigration provisions, as amended by the 
Committee, are intended to improve the processing of refugee 
and asylum claims based on religious persecution, and also to 
deny admission to aliens who have carried out or directed 
widespread and ongoing religious persecution.

                Background and Need For the Legislation

Background
    Aliens applying for asylum in the United States, or for 
refugee status as a ground for admission to the United States, 
generally must show that they have a well-founded fear of 
persecution in their home countries on account of race, 
religion, nationality, membership in a particular social group, 
or political opinion. The difference between asylum and refugee 
claims is that asylum claims are made by aliens who are already 
in the United States, usually illegally, while refugee claims 
are made by aliens who are in foreign countries.
    The primary impetus behind the immigration provisions of 
H.R. 2431 is the concern that victims of religious persecution 
may not be treated fairly by the organizations and individuals 
responsible for screening applicants for asylum or refugee 
status and adjudicating their claims. Such unfair treatment 
could arise from improper biases or from lack of proper 
training.
Asylum and Refugee Status
    The immigration provisions of the bill mandate training on 
religious persecution for immigration officers and judges who 
are involved in the adjudication of asylum or refugee claims. 
They also require the implementation of guidelines to ensure 
that governmental and non-governmental organizations and 
individuals involved in screening applicants for asylum or 
refugee status and adjudicating their claims do not 
discriminate against victims of religious persecution.
    The immigration provisions provide for the admission of 
refugees from religious groups that have been designated as 
persecuted communities. They also provide for an annual period 
of public review and comment, in which religious and other 
organizations may participate, on United States refugee 
admissions.
    Finally, the Attorney General is required to provide annual 
reports to Congress including statistical information on 
refugee and asylum cases based on religious persecution, and 
including a description of the training and guidelines used to 
improve the adjudication of such cases.
Expedited Removal Study
    In response to grave and persistent abuses of the United 
States' asylum system, including the widespread use of 
fraudulent asylum claims as a method of illegal immigration, 
Congress and the President enacted the 1996 immigration reform 
law which created the expedited removal process.\1\ Under 
expedited removal procedures, illegal aliens arriving at United 
States ports of entry without proper documents are denied 
admission unless they can demonstrate a ``credible fear'' of 
persecution, in which case they are entitled to full asylum 
proceedings before an immigration judge.
---------------------------------------------------------------------------
    \1\ Many serious and tragic abuses of the asylum system are 
detailed in Asylum and Inspections Reform: Hearing Before the Subcomm. 
on International Law, Immigration, and Refugees of the House Comm. on 
the Judiciary, 103rd Cong., 1st Sess. (1993).
---------------------------------------------------------------------------
    The expedited removal process has been a dramatic success. 
Bona fide asylum claims are now granted much more quickly, but 
illegal immigration is no longer encouraged or rewarded. The 
``credible fear'' standard is not onerous--according to the 
INS, over 90% of illegal aliens who claim asylum in expedited 
removal proceedings pass the ``credible fear'' test--but it is 
effective in deterring manifestly unfounded claims. At this 
time, more than 50,000 illegal aliens have been through 
expedited removal proceedings, and there is no evidence that 
aliens with bona fide asylum claims have been prejudiced by 
such proceedings.
    A U.S. General Accounting Office study of expedited removal 
issued in March 1998 showed that the process, although new, is 
already working well. In fact, GAO made no recommendations for 
improvement, which is extremely unusual.
    Nonetheless, some concerns have been expressed about the 
conduct of INS inspectors at ports of entry who are responsible 
for pre-screening illegal aliens within the expedited removal 
process. Although the INS asylum officers responsible for 
credible fear determinations are highly regarded, there is 
concern that some INS inspectors at ports of entry may not 
always be following INS procedures designed to ensure that 
potential asylum claimants are properly referred to such asylum 
officers.
    To address this concern, the bill provides that GAO will 
conduct a follow-up study and report to ensure that illegal 
aliens who are bona fide victims of persecution are not treated 
improperly by INS inspectors in expedited removal proceedings. 
The United Nations High Commissioner for Refugees is also 
invited to conduct such a study and submit a report, alone or 
in cooperation with the General Accounting Office. Funding 
authorization is provided for the study and report, which is to 
be submitted to Congress by September 30, 1999.\2\
---------------------------------------------------------------------------
    \2\ Although the deadline for the report is not until September 30, 
1999, the Committee encourages both agencies to conduct and complete 
the study and report more expeditiously, if such can be accomplished 
without reducing the quality or thoroughness of the study and report.
---------------------------------------------------------------------------
Denial of Admission to Religious Persecutors
    As part of the sanctions imposed on religious persecutors 
by H.R. 2431, the immigration provisions deny admission to the 
United States to persons who have carried out or directed 
widespread and ongoing persecution of persons on account of 
their religious beliefs or practices. This is in keeping with 
the United States' tradition of denying admission to criminals, 
wrongdoers, and violators of human rights.

                                Hearings

    The Committee's Subcommittee on Immigration and Claims held 
a hearing on H.R. 2431 on March 24, 1998. Testimony was 
received from Mr. Paul Virtue, General Counsel for the U.S. 
Immigration and Naturalization Service; Mr. Alan Kreczko, 
Principal Deputy Assistant Secretary of the Bureau of 
Population, Refugees, and Migration, U.S. Department of State; 
Ms. Nancy Sambaiew, Deputy Assistant Secretary for Visa 
Services of the Bureau of Consular Affairs, U.S. Department of 
State; Mr. Mark Krikorian, Executive Director, Center for 
Immigration Studies; Mr. James Robb, Coordinator, Evangelicals 
for Immigration Reform, and Mr. Mark Franken, Executive 
Director, U.S. Catholic Conference Migration and Refugee 
Services.

                        Committee Consideration

    On April 30, 1998, the Subcommittee on Immigration and 
Claims met in open session and ordered reported an amendment 
striking all the immigration provisions of H.R. 2431 by a voice 
vote, a quorum being present. On May 6, 1998, the Committee met 
in open session and ordered reported favorably the bill H.R. 
2431 with amendment by a voice vote, a quorum being present.

                      Committee Oversight Findings

    In compliance with clause 2(l)(3)(A) of rule XI of the 
Rules of the House of Representatives, the Committee reports 
that the findings and recommendations of the Committee, based 
on oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 2(l)(3)(B) of House rule XI is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 2(l)(3)(C) of rule XI of the 
Rules of the House of Representatives, the Committee sets 
forth, with respect to the immigration provisions of the bill, 
H.R. 2431, the following estimate and comparison prepared by 
the Director of the Congressional Budget Office under section 
403 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 16, 1997.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2431, the Freedom 
From Religious Persecution Act of 1998.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Joseph C. 
Whitehill, who can be reached at 226-2840, and Mark Grabowicz, 
who can be reached at 226-2860.
            Sincerely,

                                           June E. O'Neill, Director.  
    Enclosure.
    cc: Honorable John Conyers, Jr.,
         Ranking Minority Member.

H.R. 2431--Freedom From Religious Persecution Act of 1998

                                SUMMARY

    H.R. 2431 would create an Office of Religious Persecution 
Monitoring to monitor and to report on violations of religious 
freedom throughout the world. The bill would authorize the 
appropriation of $2 million for fiscal year 1999 for the 
Attorney General and the General Accounting Office (GAO) to 
prepare a report on the treatment of applicants for asylum. The 
bill would impose restrictions on trade or aid, deny visas, and 
levy sanctions on countries that are found to support or 
tolerate religious persecution. In particular, the bill would 
impose additional sanctions on Sudan. Finally, the bill would 
make certain changes to policies governing the admission of 
refugees into the United States.
    CBO estimates that enacting the bill would increase 
discretionary spending, assuming the appropriation of the 
necessary funds. Based on information from the Department of 
State, CBO estimates that the Office of Religious Persecution 
Monitoring would cost about $600,000 a year and that the report 
required by the bill would cost about $2 million in 1999.
    H.R. 2431 would affect direct spending, and thus pay-as-
you-go procedures would apply. The bill would change policies 
governing refugees and could affect direct spending for certain 
benefit programs, but CBO does not expect that such costs would 
be significant.
    H.R. 2431 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act of 1995 (UMRA), and would 
not have a significant impact on the budgets of state, local, 
or tribal governments. The bill would impose new private-sector 
mandates, as defined by UMRA, but CBO cannot determine whether 
the total costs of mandates resulting from sanctions against 
countries that engage in religious persecution would exceed the 
statutory threshold set by UMRA ($100 million in 1996, adjusted 
annually for inflation) in any one year.

                           BASIS OF ESTIMATE

    The estimate assumes enactment of H.R. 2431 by September 
30, 1998, and subsequent appropriation of the estimated 
authorizations. The costs of this legislation fall within 
budget functions 150 (international affairs) and 750 
(administration of justice).
Spending Subject to Appropriations
    The bill would require the creation of an Office of 
Religious Persecution Monitoring within the Department of 
State. Based on information provided by the department, CBO 
estimates that operating the office would require about five 
personnel, including the director, and would cost $600,000 per 
year.
    H.R. 2431 would authorize the appropriation of $2 million 
for fiscal year 1999 for the Attorney General and the GAO to 
prepare a report to the Congress on how the Immigration and 
Naturalization Service treats applicants for asylum. Assuming 
the appropriation of the necessary funds, CBO estimates that 
this provision would result in additional spending of about $2 
million in 1999.
    CBO estimates that the restrictions on foreign assistance 
required by the bill would not have a significant budgetary 
impact. The United States provides little assistance to the 
governments of countries suspected of supporting or tolerating 
religious persecution. In addition, the bill provides for many 
exemptions and waivers.
Direct Spending
    H.R. 2431 would make certain changes to policies governing 
the admission of refugees into the United States. These changes 
could potentially affect direct spending for certain benefit 
programs (notably Supplemental Security Income, Food Stamps, 
and Medicaid) because many such individuals collect benefits 
under those programs, but CBO does not expect that those costs 
would be significant.
    Under current law, applicants who can demonstrate a well-
founded fear of persecution on account of religion (or race, 
nationality, membership in a particular social group, or 
political opinion) already qualify for asylee or refugee 
status. The Department of State, which monitors the human 
rights situation around the world, has developed profiles of 
the varieties of religious persecution prevalent in various 
countries, and those profiles are used by the Department of 
Justice in adjudicating claims of asylum. Applicants for 
refugee or asylee status from countries such as Sudan and Iraq 
already have a very high probability of being granted admission 
into the United States. H.R. 2431 would continue to require 
that applicants establish a well-founded fear of persecution, 
and would not grant automatic admission to anyone who merely 
asserts such claim on the basis of religion.
    The bill would automatically place victims of religious 
persecution in a higher priority classification in the refugee 
queue, although that status does not constitute a guarantee of 
admission. It would also provide for a period of public review 
and comment on the proposed ceiling for refugee admissions in 
the coming year, a ceiling that is now set by the President 
after consultation with key Congressional committees. Those 
procedural changes raise the possibility that the bill would 
lead the government to admit more refugees. But after 
consulting with the Department of Justice and the Department of 
State, CBO concludes that the number of additional people 
granted refugee status is likely to be quite small.

                      PAY-AS-YOU-GO CONSIDERATIONS

    Section 252 of the Balanced Budget and Emergency Deficit 
Control Act of 1985 sets up pay-as-you-go procedures for 
legislation affecting direct spending and receipts. Because the 
bill would result in additional direct spending, pay-as-you-go 
procedures would apply. The bill would change policies 
governing refugees and could affect direct spending for certain 
benefit programs, but CBO does not expect that such costs would 
be significant.

        ESTIMATED IMPACT ON STATE, LOCAL, AND TRIBAL GOVERNMENTS

    H.R. 2431 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act of 1995 (UMRA) and would 
not have a significant impact on the budgets of state, local, 
or tribal governments.

                 ESTIMATED IMPACT ON THE PRIVATE SECTOR

    H.R. 2431 would impose new private-sector mandates, as 
defined by UMRA, on U.S. exporters who sell to countries 
identified as engaging in religious persecution. In addition, 
the bill would extend mandates that currently prohibit nearly 
all economic relations with Sudan. Because the precise 
prohibitions against exports relating to religious persecution 
would be determined at a later date, CBO cannot estimate 
whether the direct costs of mandates in the bill would exceed 
the statutory threshold established in UMRA.
    Section 7 would prohibit exports to identified responsible 
entities within a country that has been determined to carry out 
religious persecution and exports of products that facilitate 
persecution, depending on the specific findings of the 
Secretary of State. Because we have no basis for predicting 
what the Secretary's findings would be, CBO cannot estimate the 
direct costs to the private-sector of these provisions.
    Section 12 would extend current sanctions against Sudan. 
Because existing sanctions ban virtually all economic relations 
with Sudan, CBO estimates that the provisions of this section 
would not impose significant additional costs on private-sector 
entities.

                         PREVIOUS CBO ESTIMATE

    On April 1, 1998, CBO prepared an estimate for H.R. 2431 as 
ordered reported by the House Committee on International 
Relations. This estimate contains the amendments to immigration 
policy made by the House Committee on the Judiciary. The 
committee's amendments would make no substantive changes in the 
asylum adjudication process, but would provide for a study by 
the General Accounting Office and the Attorney General.

                         ESTIMATE PREPARED BY:

    Impact on the Federal Budget: Joseph Whitehill prepared the 
estimate of costs to the State Department; he can be reached at 
226-2840. Kathy Ruffing (226-2820) prepared the estimate of the 
impacts on entitlement programs, and Mark Grabowicz (226-2860) 
prepared the estimate of costs to the Department of Justice.
    Impact on State, Local, and Tribal Governments: Pepper 
Santalucia (225-3220).
    Impact on the Private Sector: Elliot Schwartz (226-2940).

                         ESTIMATE APPROVED BY:

    Robert A. Sunshine, Deputy Assistant Director for Budget 
Analysis.

                   Constitutional Authority Statement

    Pursuant to Rule XI, clause 2(l)(4) of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in Article I, section 8, clause 4 of the 
Constitution.

                      Section-By-Section Analysis

    H.R. 2431 was referred to the Committee on International 
Relations and in addition to the Committee on the Judiciary in 
each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned. The following is a 
discussion of sections within the jurisdiction of the Committee 
on the Judiciary.
Section 9. Modification of Immigration Policy
    Section 9(a). Visa Denials. Section 9(a) makes inadmissible 
those aliens who have carried out or directed widespread and 
ongoing persecution of persons on account of their religious 
beliefs or practices.
    Section 9(b). Refugees. Section 9(b)(1) mandates the 
implementation of guidelines to address improper biases 
regarding religious persecution claims on the part of 
immigration officers and others involved in screening potential 
refugees and adjudicating applications.
    Section 9(b)(2) designates refugees from persecuted 
communities as refugees of ``special humanitarian concern,'' 
which is a condition for admission to the United States. It 
also provides such refugees applying for admission to the 
United States priority status for processing of applications 
equal to that given to applicants from other groups of special 
concern. However, it does not guarantee admission as a refugee 
to any particular individual or group.
    Sections 9(b)(3) and 9(b)(4) provide that the preferences 
granted by section 9(b)(2) do not prejudice the rights of other 
refugees or displace them from admission to the United States.
    Section 9(b)(5) mandates an annual period of public comment 
and review on United States refugee admissions for religious 
and other organizations and individuals.
    Section 9(c). Asylees. Section 9(c)(1) mandates the 
implementation of guidelines to address improper biases 
regarding religious persecution claims on the part of 
immigration officers and others involved in screening potential 
asylees and adjudicating applications.
    Section 9(c)(2) mandates a U.S. General Accounting Office 
study and report to determine whether Immigration and 
Naturalization Service inspectors conducting expedited removal 
procedures are improperly encouraging aliens who are eligible 
for asylum to withdraw their applications for admission, 
incorrectly failing to refer such aliens to asylum officers for 
``credible fear'' interviews, incorrectly removing such aliens 
to countries where they are likely to suffer persecution, or 
improperly detaining such aliens. The United Nations High 
Commissioner for Refugees is also invited to conduct such a 
study and submit a report, alone or in cooperation with the 
General Accounting Office. An appropriation of up to $1,000,000 
is authorized for each agency to fund the study and report.
    Section 9(d). Training. Section 9(d)(1) mandates training 
on religious persecution for immigration officers and 
immigration judges adjudicating refugee and asylum 
applications. Section 9(d)(2) mandates training for immigration 
officers who adjudicate refugee applications comparable to the 
training currently provided to asylum officers.
    Section 9(e). Reporting. Section 9(e) mandates annual 
reports from the Attorney General to the Director of the Office 
of Religious Persecution Monitoring. The reports must contain 
the annual number of asylum and refugee applications based on 
religious persecution, the number of such applications that 
were granted and denied, and a description of other 
developments regarding the adjudication of such applications. 
The reports must also describe the anti-bias guidelines and 
training mandated by sections 9(b)(1), 9(c)(1), and 9(d)(1).

                              Agency Views

    The State Department submitted the Administration's views 
on H.R. 2431:

                                         Secretary of State
                                   Washington, DC, October 7, 1997.
Hon. Benjamin Gilman, Chairman,
Committee on International Relations,
House of Representatives.
    Dear Mr. Chairman; I am writing to express the 
Administration's views on the ``Freedom From Religious 
Persecution'' bill (H.R. 2431) reported out of the Subcommittee 
on International Operations and Human Rights. We commend the 
bill's authors for drawing attention to the important issue of 
religious freedom abroad, and appreciate the efforts made by 
Subcommittee Chairman Smith and others to improve the bill. 
Nonetheless, we continue to oppose the bill as drafted. 
Enactment of the bill in its current form could undermine many 
of our important foreign policy interests, including our mutual 
goal of helping those who face religious persecution. If passed 
by the Congress in its current form, I and the President's 
other Senior Advisors would recommend that the President veto 
the bill.
    As Assistant Secretary Shattuck explained in his recent 
testimony before your Committee, the bill has a number of 
serious defects. The bill's automatic sanctions--including 
restrictions on exports, foreign assistance, U.S. votes in 
international financial institutions and visa eligibility--are 
blunt instruments that will be counterproductive. Because our 
laws and policies already give significant weight to human 
rights, the United States restricts direct aid to repressive 
governments and the imposition of automatic sanctions is likely 
to have little impact on government-sponsored persecution. On 
the other hand, it will run the risk of strengthening the hands 
of governments and extremists who seek to incite religious 
intolerance, and we fear reprisals against victims as well as 
an end to dialogue with offending governments on the issue of 
religious freedom. Moreover, because the bill could have 
adverse impacts on our diplomacy in regions from South Asia to 
the Middle East, it will undercut Administration efforts to 
promote the very regional peace and reconciliation that can 
foster religious tolerance and understanding--and respect for 
other human rights.
    The-bill would create a confusing bureaucratic structure 
for dealing with religious freedom that would fragment foreign 
policy decision-making, including decision-making on human 
rights, just as we consolidate our foreign policy apparatus. 
This new bureaucracy is proposed even though I have made it 
clear that religious freedom is a foreign policy priority and 
has sought to ``mainstream'' concern for the issue through 
greater reporting, new Department of State mechanisms and 
increased diplomatic activity on the issue.
    The bill--through its single issue sanctions and 
preferential treatment for those fleeing certain forms of 
religious persecution--would establish, further, an 
inappropriate hierarchy of human rights violations in U.S. law 
that could damage our efforts to ensure universal respect for 
all civil and political rights. Severe acts of persecution on 
ethnic or political grounds, for example, would not result in 
automatic sanctions or bring about procedural advantages in the 
immigration context, though certain acts of religious 
persecution would. The bill would also undermine successful 
Administration efforts to reform the asylum process, and risk 
creating the very backlogs and delays that undermined public 
support for asylum. For a more complete statement of our 
general concerns regarding the bill, I refer you to Assistant 
Secretary Larkin's letter of September 8, and its attachments, 
which I have enclosed.
    We also have serious concerns about two provisions added to 
the bill since the date of that letter. Section 9(g) would 
require that ``refugees admitted to the United States as a 
result of the [bill] shall not displace other refugees in need 
of resettlement who would otherwise have been admitted in 
accordance with existing law and procedures.'' The intent and 
possible effect of this provision are unclear.
    To the extent the provision would require the President to 
disregard refugees admitted under the bill when counting the 
number of refugees admitted for purposes of our annual refugee 
ceilings, then the provision could result in a significant and 
costly increase in refugee admissions above agreed upon 
ceilings and appropriations. If the provision, alternatively, 
is intended to be implemented within existing refugee admission 
ceilings and appropriations, then as a practical matter those 
fleeing religious persecution would in fact displace other 
refugees in need of resettlement once a relevant refugee 
ceiling is met. In either event, the result seems contrary to 
our long-standing bipartisan refugee policies.
    I am also troubled by the addition of Section 9(h) which 
would make each determination regarding refugee admission 
numbers subject to a period of public review and comment. As 
required by the Immigration and Nationality Act, the 
Administration currently consults with the Congress on the 
President's proposed refugee admission levels for each fiscal 
year. We also hold regularly scheduled meetings with the non-
governmental organizations that carry out refugee resettlement 
all across the United States. Section 9(h) is unnecessary and 
would undermine the Congress' existing oversight mechanism.
    Despite my very serious concerns about the bill in its 
present form, I wish to reemphasize our shared commitment to 
protecting religious liberty. The Administration remains 
interested in working with the Committee and others in the 
Congress to explore ideas to strengthen the U.S. Government's 
ability to promote religious freedom abroad. Should you or your 
staff wish to meet with the Administration to discuss 
alternatives to the bill in its current form, we would be 
pleased to do so. We hope that the Committee will consider our 
concerns carefully and report out an amended version of the 
bill that the President could sign into law.
    The Office of Management and Budget advises that there is 
no objection to the submission of this report to the Congress 
from the standpoint of the Administration's program.
    I hope this information is useful to you. Please do not 
hesitate to call if we can be of further assistance.
            Sincerely,
                                      Madeleine K. Albright
                                ------                                

                          United States Department of State
                                    Washington, DC, March 24, 1998.
Hon. Lee Hamilton,
Committee on International Relations,
House of Representatives.
    Dear Mr. Hamilton: This letter responds to your Committee's 
request for views on the March 10, 1998, draft amendment in the 
nature of a substitute to H.R. 2431, ``The Freedom From 
Religious Persecution Act of 1998.'' As the Secretary of State 
explained in her letter of October 7, 1997 (enclosed), we 
commend the bill's authors for drawing attention to the 
important issue of religious freedom abroad, and appreciate the 
efforts made to address some of our concerns. Nonetheless, we 
continue to oppose the bill in its current form and the 
substitute amendment. We believe that enactment of the bill in 
either form would undermine many of our important foreign 
policy interests, including the goal of helping those who face 
religious persecution.
    None of the changes in the draft substitute amendment of 
the bill rectify the significant problems that led the 
Secretary to state in her previous letter that ``If passed by 
the Congress in its current form, I and the President's other 
Senior Advisors would recommend that the President veto the 
bill.'' The problems she discussed in detail--the bill's 
automatic sanctions, the confusing bureaucratic structure the 
bill would create, and the hierarchy of human rights violations 
in U.S. law that it would establish--remain in the substitute 
amendment.
    As you know, the Secretary announced on January 23, 1998, 
following the recommendation of her Advisory Committee on 
Religious Freedom Abroad, that she will designate a new State 
Department senior-level coordinator who will be responsible for 
integrating religious freedom into our foreign policy and for 
developing an interagency strategy. We believe that the most 
effective way to ensure the prominence of religious freedom in 
our foreign policy is to enhance existing structures.
    Despite the Secretary's initiative, the substitute 
amendment continues to mandate the creation of a separate 
``Office of Religious Persecution Monitoring,'' headed by a 
Director whose appointment is subject to the advise and consent 
of the Senate. The Office has been moved from the White House, 
where it was originally placed, to the State Department, a 
change we appreciate. Nevertheless, the Director maintains 
complete discretion to determine whether a government is 
engaged in officially-sponsored religious persecution 
(``category 1'') or has failed to combat adequately societal 
religious persecution (``category 2'')--determinations which 
are reported to the Congress and automatically trigger a broad 
array of sanctions. This is an inappropriate invasion of the 
powers and responsibilities of the Secretary of State and the 
President.
    The sanctions that would be automatically triggered by the 
Director's determinations--including restrictions on exports, 
export finance, foreign assistance, U.S. votes in international 
financial institutions, and visa eligibility--remain in the 
bill and are blunt instruments that could be counterproductive. 
The President already has the authority to restrict aid to 
countries and to impose sanctions--both economic and non-
economic--on countries and entities that violate human rights 
and he has done so, in close coordination with the Congress, in 
appropriate cases. The automaticity of the sanctions under the 
bill, however, denies the President the ability to tailor 
measures for optimum effectiveness in relation to a particular 
country.
    Moreover, the trigger for the imposition of sanctions 
occurs devoid of any role for the President, the Secretary of 
State, or any other Cabinet members or senior foreign policy 
advisors. Sanctions are triggered without consideration of the 
impact they might have on the problem of religious persecution 
in a specific country and on any other interests the U.S. has 
in its relations with that country. In some cases, the 
imposition of sanctions could be inconsistent with our 
international obligations, such as in the World Trade 
Organization. The mandatory unilateral sanctions in the bill 
could also undermine our effectiveness in working with our 
allies to take multilateral measures.
    The substitute amendment expands the waiver provision to 
permit the President to waive the imposition of any sanction 
against a country for up to twelve months if he determines that 
the ``national security interests of the United States justify 
such a waiver or that such a waiver will substantially promote 
the purposes of this Act.'' Yet even if the President 
determines that sanctions would harm persecuted communities or 
U.S. national security interests, the bill confines the 
President to intervening only after a determination by the 
Director would automatically trigger sanctions. By the time the 
President could use the waiver, harm to religious communities 
might have already occurred due to the misperception that they 
were responsible for punitive U.S. policies.
    We also remain concerned that the bill, through its single 
issue sanctions and preferential treatment for those fleeing 
persecution, would establish an inappropriate hierarchy of 
human rights violations in U.S. law. This hierarchy could 
damage our efforts to ensure universal and equal protection of 
victims of violations of all civil and political rights.
    The substitute amendment continues to include provisions 
that would adversely affect the process for determining which 
refugees are admitted to the United States for resettlement. We 
share the sponsors' concern for assisting and resettling 
individuals who flee human rights violations, including 
religious persecution. In place of the current statutorily-
required consultative process, the bill would provide for the 
automatic designation of groups eligible for processing for 
entry into the U.S. as refugees, without regard to the actual 
need of resettlement for such refugees, the number of refugees, 
international burdensharing, and other humanitarian and foreign 
policy considerations. The bill creates a hierarchy of human 
rights under U.S. law in which victims of religious persecution 
are given precedence over victims of persecution on the basis 
of political opinion, race, ethnicity, or membership in 
particular social groups. A provision in the amendment purports 
to ensure that other refugees are not displaced; in practice, 
the provision would be highly problematic to implement.
    Although we remain willing to discuss with the Congress 
ways to more effectively deny visas and exclude from the United 
States individuals responsible for gross violations of human 
rights, including government-sponsored acts of religious 
persecution, the visa provisions in the bill remain unwise and 
unworkable. The provision is totally outside the Congress' own 
comprehensive regime for immigration and visa control--the 
Immigration and Nationality Act (INA). We believe any changes 
in visa law should be in the context of the INA. Moreover, the 
waiver provision--based on national security and requiring a 
forty-five day delay--was drafted with economic sanctions in 
mind and would prove unworkable-for a typical visa or 
immigration case.
    The section of the substitute amendment that imposes 
sanctions on Sudan is redundant since the President imposed 
comprehensive sanctions on Sudan on November 4, 1997. The 
amendment's provisions, however, would have the effect of 
preventing current emergency food aid distribution programs, 
such as Operation Lifeline Sudan, and would therefore place 
many more innocent Sudanese civilians in danger of starvation. 
The bill also sets a unique standard for lifting of the Sudan 
sanctions that is unlike that for any other country.
    Despite our continuing serious concerns with the bill, we 
would like to reemphasize our shared commitment to protecting 
religious liberty. The Administration remains interested in 
working with the Committee and others in the Congress to 
explore ideas to strengthen the U.S. Government's ability to 
promote religious freedom abroad. Should you or your staff wish 
to meet with representatives of the Administration to discuss 
alternatives to the bill, we would be pleased to do so. We 
continue to hope that the Committee will consider our concerns 
carefully and report out an amended version of the bill that 
addresses the core concerns outlined above so that the 
President can sign the bill into law.
            Sincerely,
                                            Barbara Larkin,
                                               Assistant Secretary,
                                               Legislative Affairs.
    Enclosure:
          Letter from the Secretary of State dated October 7, 
        1997.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3 of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

                    IMMIGRATION AND NATIONALITY ACT



           *       *       *       *       *       *       *
TITLE II--IMMIGRATION

           *       *       *       *       *       *       *


   annual admission of refugees and admission of emergency situation 
                                refugees

    Sec. 207. (a) * * *

           *       *       *       *       *       *       *

    (d)(1) * * *

           *       *       *       *       *       *       *

    (4)(A) Notwithstanding any other provision of law, prior to 
each annual determination regarding refugee admissions under 
this subsection, there shall be a period of public review and 
comment, particularly by appropriate nongovernmental 
organizations, churches, and other religious communities and 
organizations, and the general public.
    (B) Nothing in this paragraph may be construed to apply 
subchapter II of chapter 5 of title 5, United States Code, to 
the period of review and comment referred to in subparagraph 
(A).

           *       *       *       *       *       *       *

    (f) The Attorney General shall provide training in country 
conditions, refugee law, and interview techniques, comparable 
to that provided to full-time adjudicators of applications 
under section 208, to all immigration officers adjudicating 
applications for admission as a refugee under this section.

           *       *       *       *       *       *       *


 general classes of aliens ineligible to receive visas and ineligible 
               for admission; waivers of inadmissibility

      Sec. 212. (a) Classes of Aliens Ineligible for Visas or 
Admission.--Except as otherwise provided in this Act, aliens 
who are inadmissible under the following paragraphs are 
ineligible to receive visas and ineligible to be admitted to 
the United States:
            (1) * * *

           *       *       *       *       *       *       *

            (3) Security and related grounds.--
                    (A) * * *

           *       *       *       *       *       *       *

                    (F) Participants in religious 
                persecution.--Any alien who carried out or 
                directed the carrying out of category 1 
                persecution (as defined in section 3 of the 
                Freedom from Religious Persecution Act of 1998) 
                or category 2 persecution (as so defined) is 
                inadmissible.

           *       *       *       *       *       *       *


                     Additional Views to H.R. 2431

    H.R. 2431 was introduced in response to a perceived lack of 
attention by the Department of State and the Immigration and 
Naturalization Service to certain forms of religious 
persecution. Some of us think that H.R. 2431 is a necessary and 
an appropriate response to religious persecution. Others 
believe H.R. 2431 creates an unnecessary bureaucracy within the 
federal government and inadvertently creates a hierarchy of 
persecuted people. While there were different views expressed 
on whether H.R. 2431 is an appropriate response to the problem 
of religious persecution, we are all unified in our belief that 
religious persecution in any form is an intolerable violation 
of human rights.
    We also agree that none of us intends to place religious 
persecution above other forms of persecution. We believe our 
government must treat all people fleeing persecution (whether 
based on race, nationality, membership in a particular social 
group, political opinion or religion) fairly and equitably 
within our asylum procedures and our refugee resettlement 
programs. For this reason, we support those provisions of H.R. 
2431 which make clear that persons fleeing religious 
persecution must be given priority in our asylum and refugee 
laws that is equal to all others and that no other asylum 
seekers or refugees will be displaced in order to give special 
treatment to those fleeing religious persecution.

                                   John Conyers, Jr.
                                   Howard L. Berman.
                                   Jerrold Nadler.
                                   Robert C. Scott.
                                   Melvin L. Watt.
                                   Sheila Jackson Lee.
                                   Maxine Waters.
                                   Martin T. Meehan.
                                   Willam D. Delahunt.
                                   Robert Wexler.