
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC6442]

 
               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. 6442. Presidential actions in response to particularly 
        severe violations of religious freedom
        

(a) Response to particularly severe violations of religious freedom

                      (1) United States policy

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

               (2) Requirement of Presidential action

        Whenever the President determines that the government of a 
    foreign country has engaged in or tolerated particularly severe 
    violations of religious freedom, the President shall oppose such 
    violations and promote the right to religious freedom through one or 
    more of the actions described in subsection (c) of this section.

(b) Designations of countries of particular concern for religious 
        freedom

                          (1) Annual review

        (A) In general

            Not later than September 1 of each year, the President shall 
        review the status of religious freedom in each foreign country 
        to determine whether the government of that country has engaged 
        in or tolerated particularly severe violations of religious 
        freedom in that country during the preceding 12 months or since 
        the date of the last review of that country under this 
        subparagraph, whichever period is longer. The President shall 
        designate each country the government of which has engaged in or 
        tolerated violations described in this subparagraph as a country 
        of particular concern for religious freedom.

        (B) Basis of review

            Each review conducted under subparagraph (A) shall be based 
        upon information contained in the latest Country Reports on 
        Human Rights Practices, the Annual Report, and on any other 
        evidence available and shall take into account any findings or 
        recommendations by the Commission with respect to the foreign 
        country.

        (C) Implementation

            Any review under subparagraph (A) of a foreign country may 
        take place singly or jointly with the review of one or more 
        countries and may take place at any time prior to September 1 of 
        the respective year.

              (2) Determinations of responsible parties

        For the government of each country designated as a country of 
    particular concern for religious freedom under paragraph (1)(A), the 
    President shall seek to determine the agency or instrumentality 
    thereof and the specific officials thereof that are responsible for 
    the particularly severe violations of religious freedom engaged in 
    or tolerated by that government in order to appropriately target 
    Presidential actions under this section in response.

                   (3) Congressional notification

        Whenever the President designates a country as a country of 
    particular concern for religious freedom under paragraph (1)(A), the 
    President shall, as soon as practicable after the designation is 
    made, transmit to the appropriate congressional committees--
            (A) the designation of the country, signed by the President; 
        and
            (B) the identification, if any, of responsible parties 
        determined under paragraph (2).

(c) Presidential actions with respect to countries of particular concern 
        for religious freedom

                           (1) In general

        Subject to paragraphs (2), (3), (4), and (5) with respect to 
    each country of particular concern for religious freedom designated 
    under subsection (b)(1)(A) of this section, the President shall, 
    after the requirements of sections 6443 and 6444 of this title have 
    been satisfied, but not later than 90 days (or 180 days in case of a 
    delay under paragraph (3)) after the date of designation of the 
    country under that subsection, carry out one or more of the 
    following actions under subparagraph (A) or subparagraph (B):

        (A) Presidential actions

            One or more of the Presidential actions described in 
        paragraphs (9) through (15) of section 6445(a) of this title, as 
        determined by the President.

        (B) Commensurate actions

            Commensurate action in substitution to any action described 
        in subparagraph (A).

               (2) Substitution of binding agreements

        (A) In general

            In lieu of carrying out action under paragraph (1), the 
        President may conclude a binding agreement with the respective 
        foreign government as described in section 6445(c) of this 
        title. The existence of a binding agreement under this paragraph 
        with a foreign government may be considered by the President 
        prior to making any determination or taking any action under 
        this subchapter.

        (B) Statutory construction

            Nothing in this paragraph may be construed to authorize the 
        entry of the United States into an agreement covering matters 
        outside the scope of violations of religious freedom.

           (3) Authority for delay of Presidential actions

        If, on or before the date that the President is required (but 
    for this paragraph) to take action under paragraph (1), the 
    President determines and certifies to Congress that a single, 
    additional period of time not to exceed 90 days is necessary--
            (A) for a continuation of negotiations that have been 
        commenced with the government of that country to bring about a 
        cessation of the violations by the foreign country;
            (B) for a continuation of multilateral negotiations into 
        which the United States has entered to bring about a cessation 
        of the violations by the foreign country;
            (C)(i) for a review of corrective action taken by the 
        foreign country after designation of such country as a country 
        of particular concern; or
            (ii) in anticipation that corrective action will be taken by 
        the foreign country during the 90-day period,

    then the President shall not be required to take action until the 
    expiration of that period of time.

      (4) Exception for ongoing Presidential action under this 
                                   chapter

        The President shall not be required to take action pursuant to 
    this subsection in the case of a country of particular concern for 
    religious freedom, if with respect to such country--
            (A) the President has taken action pursuant to this chapter 
        in a preceding year;
            (B) such action is in effect at the time the country is 
        designated as a country of particular concern for religious 
        freedom under this section; and
            (C) the President reports to Congress the information 
        described in section 6444(a)(1), (2), (3), and (4) of this title 
        regarding the actions in effect with respect to the country.

     (5) Exception for ongoing, multiple, broad-based sanctions 
                   in response to human rights violations

        At the time the President determines a country to be a country 
    of particular concern, if that country is already subject to 
    multiple, broad-based sanctions imposed in significant part in 
    response to human rights abuses, and such sanctions are ongoing, the 
    President may determine that one or more of these sanctions also 
    satisfies the requirements of this subsection. In a report to 
    Congress pursuant to section 6444(a)(1), (2), (3), and (4) of this 
    title, and, as applicable, to section 6448 of this title, the 
    President must designate the specific sanction or sanctions which he 
    determines satisfy the requirements of this subsection. The 
    sanctions so designated shall remain in effect subject to section 
    6449 of this title.

(d) Statutory construction

    A determination under this chapter, or any amendment made by this 
chapter, that a foreign country has engaged in or tolerated particularly 
severe violations of religious freedom shall not be construed to require 
the termination of assistance or other activities with respect to that 
country under any other provision of law, including section 2151n or 
2304 of this title.

(Pub. L. 105-292, title IV, Sec. 402, Oct. 27, 1998, 112 Stat. 2802; 
Pub. L. 106-55, Sec. 2(a), Aug. 17, 1999, 113 Stat. 405.)

                       References in Text

    This subchapter, referred to in subsec. (c)(2)(A), was in the 
original ``this title'', meaning title IV of Pub. L. 105-292, Oct. 27, 
1998, 112 Stat. 2800, which is classified principally to this 
subchapter. For complete classification of title IV to the Code, see 
Tables.
    This chapter, referred to in subsecs. (c)(4) and (d), was in the 
original ``this Act'', meaning Pub. L. 105-292, Oct. 27, 1998, 112 Stat. 
2787, which is classified principally to this chapter. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 6401 of this title and Tables.


                               Amendments

    1999--Subsec. (c)(1). Pub. L. 106-55, Sec. 2(a)(1), substituted 
``(4), and (5)'' for ``and (4)'' in introductory provisions.
    Subsec. (c)(4). Pub. L. 106-55, Sec. 2(a)(2)(A), inserted ``under 
this chapter'' after ``Exception for ongoing Presidential action'' in 
heading.
    Subsec. (c)(4)(B) to (D), (5). Pub. L. 106-55, Sec. 2(a)(2)(B)-(D), 
inserted ``and'' at end of subpar. (B), substituted period for ``; and'' 
at end of subpar. (C), redesignated subpar. (D) as par. (5), inserted 
par. heading, and substituted ``At the time'' for ``at the time''.

                  Section Referred to in Other Sections

    This section is referred to in sections 6412, 6441, 6443, 6444, 
6445, 6448 of this title.
