
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC6441]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
               CHAPTER 73--INTERNATIONAL RELIGIOUS FREEDOM
 
                  SUBCHAPTER III--PRESIDENTIAL ACTIONS
 
  Part A--Targeted Responses to Violations of Religious Freedom Abroad
 
Sec. 6441. Presidential actions in response to violations of 
        religious freedom
        

(a) Response to violations of religious freedom

                           (1) In general

        (A) United States policy

            It shall be the policy of the United States--
                (i) to oppose violations of religious freedom that are 
            or have been engaged in or tolerated by the governments of 
            foreign countries; and
                (ii) to promote the right to freedom of religion in 
            those countries through the actions described in subsection 
            (b) of this section.

        (B) Requirement of Presidential action

            For each foreign country the government of which engages in 
        or tolerates violations of religious freedom, the President 
        shall oppose such violations and promote the right to freedom of 
        religion in that country through the actions described in 
        subsection (b) of this section.

                        (2) Basis of actions

        Each action taken under paragraph (1)(B) shall be based upon 
    information regarding violations of religious freedom, as described 
    in the latest Country Reports on Human Rights Practices, the Annual 
    Report and Executive Summary, and on any other evidence available, 
    and shall take into account any findings or recommendations by the 
    Commission with respect to the foreign country.

(b) Presidential actions

                           (1) In general

        Subject to paragraphs (2) and (3), the President, in 
    consultation with the Secretary of State, the Ambassador at Large, 
    the Special Adviser, and the Commission, shall, as expeditiously as 
    practicable in response to the violations described in subsection 
    (a) of this section by the government of a foreign country--
            (A) take one or more of the actions described in paragraphs 
        (1) through (15) of section 6445(a) of this title (or 
        commensurate action in substitution thereto) with respect to 
        such country; or
            (B) negotiate and enter into a binding agreement with the 
        government of such country, as described in section 6445(c) of 
        this title.

                      (2) Deadline for actions

        Not later than September 1 of each year, the President shall 
    take action under any of paragraphs (1) through (15) of section 
    6445(a) of this title (or commensurate action in substitution 
    thereto) with respect to each foreign country the government of 
    which has engaged in or tolerated violations of religious freedom at 
    any time since September 1 of the preceding year, except that in the 
    case of action under any of paragraphs (9) through (15) of section 
    6445(a) of this title (or commensurate action in substitution 
    thereto)--
            (A) the action may only be taken after the requirements of 
        sections 6443 and 6444 of this title have been satisfied; and
            (B) the September 1 limitation shall not apply.

           (3) Authority for delay of Presidential actions

        The President may delay action under paragraph (2) described in 
    any of paragraphs (9) through (15) of section 6445(a) of this title 
    (or commensurate action in substitution thereto) if he determines 
    and certifies to Congress that a single, additional period of time, 
    not to exceed 90 days, is necessary pursuant to the same provisions 
    applying to countries of particular concern for religious freedom 
    under section 6442(c)(3) of this title.

(c) Implementation

                           (1) In general

        In carrying out subsection (b) of this section, the President 
    shall--
            (A) take the action or actions that most appropriately 
        respond to the nature and severity of the violations of 
        religious freedom;
            (B) seek to the fullest extent possible to target action as 
        narrowly as practicable with respect to the agency or 
        instrumentality of the foreign government, or specific officials 
        thereof, that are responsible for such violations; and
            (C) when appropriate, make every reasonable effort to 
        conclude a binding agreement concerning the cessation of such 
        violations in countries with which the United States has 
        diplomatic relations.

               (2) Guidelines for Presidential actions

        In addition to the guidelines under paragraph (1), the 
    President, in determining whether to take a Presidential action 
    under paragraphs (9) through (15) of section 6445(a) of this title 
    (or commensurate action in substitution thereto), shall seek to 
    minimize any adverse impact on--
            (A) the population of the country whose government is 
        targeted by the Presidential action or actions; and
            (B) the humanitarian activities of United States and foreign 
        nongovernmental organizations in such country.

(Pub. L. 105-292, title IV, Sec. 401, Oct. 27, 1998, 112 Stat. 2800.)

Delegation of Responsibilities Under the International Religious Freedom 
                               Act of 1998

    Memorandum of President of the United States, Aug. 17, 1999, 64 F.R. 
47345, provided:
    Memorandum for the Secretary of State
    By the authority vested in me by the Constitution and the laws of 
the United States of America, including section 301 of title 3 of the 
United States Code, I hereby delegate to the Secretary of State the 
functions and authorities vested in the President by title IV, subtitle 
I (sections 401-409) of the International Religious Freedom Act of 1998 
[22 U.S.C. 6441 et seq.] (Public Law 105-292) (the ``Act'').
    Any reference in this memorandum to any act shall be deemed to be a 
reference to such act as amended from time to time.
    The functions delegated by this memorandum may be delegated within 
the Department of State.
    You are authorized and directed to publish this memorandum in the 
Federal Register.
                                                     William J. Clinton.

                  Section Referred to in Other Sections

    This section is referred to in sections 6412, 6443, 6444, 6445 of 
this title.
