22 U.S.C. § 6442
It shall be the policy of the United States-
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).
Not later than 90 days after the date on which each Annual Report is submitted under section 6412(b) of this title, the President shall-
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.
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 before the date on which each Annual Report is submitted under section 6412(b) of this title.
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.
Whenever the President designates a country as a country of particular concern for religious freedom under paragraph (1)(A)(ii), the President, not later than 90 days after such designation, shall submit to the appropriate congressional committees-
A country that is designated as a country of particular concern for religious freedom under paragraph (1)(A)(ii) shall retain such designation until the President determines and reports to the appropriate congressional committees that the country should no longer be so designated.
The presence or absence of a country from the Special Watch List in any given year shall not preclude the designation of such country as a country of particular concern for religious freedom under paragraph (1)(A)(ii) in any such year.
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), 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):
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.
Commensurate action in substitution to any action described in subparagraph (A).
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.
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.
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-
then the President shall not be required to take action until the expiration of that period of time.
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-
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 shall designate the specific sanction or sanctions that the President determines satisfy the requirements under this subsection and include a description of the impact of such sanction or sanctions on each country. The sanctions so designated shall remain in effect subject to section 6449 of this title.
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.
22 U.S.C. § 6442
EDITORIAL NOTES
REFERENCES IN TEXTThis subchapter, referred to in subsec. (c)(2)(A), was in the original "this title", meaning title IV of Pub. L. 105-292, 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, 112 Stat. 2787, known as the International Religious Freedom Act of 1998, 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.
AMENDMENTS2016-Subsec. (b)(1)(A). Pub. L. 114-281, §302(1)(A)(i), amended subpar. (A) generally. Prior to amendment, text read as follows: "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." Subsec. (b)(1)(C). Pub. L. 114-281, §302(1)(A)(ii), substituted "before the date on which each Annual Report is submitted under section 6412(b) of this title" for "prior to September 1 of the respective year". Subsec. (b)(3). Pub. L. 114-281, §302(1)(B), amended par. (3) generally. Prior to amendment, text read as follows: "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)."Subsec. (b)(4). Pub. L. 114-281, §302(1)(C), added par. (4).Subsec. (c)(5). Pub. L. 114-281, §302(2), substituted "the President shall designate the specific sanction or sanctions that the President determines satisfy the requirements under this subsection and include a description of the impact of such sanction or sanctions on each country." for "the President must designate the specific sanction or sanctions which he determines satisfy the requirements of this subsection." 1999-Subsec. (c)(1). Pub. L. 106-55, §2(a)(1), substituted "(4), and (5)" for "and (4)" in introductory provisions. Subsec. (c)(4). Pub. L. 106-55, §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, §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".
- Annual Report
- The term "Annual Report" means the Annual Report on International Religious Freedom described in section 6412(b) of this title.
- Commission
- The term "Commission" means the United States Commission on International Religious Freedom established in section 6431(a) of this title.
- Country Reports on Human Rights Practices
- The term "Country Reports on Human Rights Practices" means the annual reports required to be submitted by the Department of State to Congress under sections 2151n(d) and 2304(b) of this title.
- Special Watch List
- The term "Special Watch List" means the Special Watch List described in section 6442(b)(1)(A)(iii) of this title.
- appropriate congressional committees
- The term "appropriate congressional committees" means-(A) the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives; and(B) in the case of any determination made with respect to the taking of President1 action under paragraphs (9) through (15) of section 6445(a) of this title, the term includes the committees described in subparagraph (A) and, where appropriate, the Committee on Banking and Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate.
- commensurate action
- The term "commensurate action" means action taken by the President under section 6445(b) of this title.
- particularly severe violations of religious freedom
- The term "particularly severe violations of religious freedom" means systematic, ongoing, egregious violations of religious freedom, including violations such as-(A) torture or cruel, inhuman, or degrading treatment or punishment;(B) prolonged detention without charges;(C) causing the disappearance of persons by the abduction or clandestine detention of those persons; or(D) other flagrant denial of the right to life, liberty, or the security of persons.
- violations of religious freedom
- The term "violations of religious freedom" means violations of the internationally recognized right to freedom of religion and religious belief and practice, as set forth in the international instruments referred to in section 6401(a)(2) of this title and as described in section 6401(a)(3) of this title, including violations such as-(A) arbitrary prohibitions on, restrictions of, or punishment for-(i) assembling for peaceful religious activities such as worship, preaching, and prayer, including arbitrary registration requirements;(ii) speaking freely about one's religious beliefs;(iii) changing one's religious beliefs and affiliation;(iv) not professing a particular religion, or any religion;(v) possession and distribution of religious literature, including Bibles; or(vi) raising one's children in the religious teachings and practices of one's choice; or(B) any of the following acts if committed on account of an individual's conscience, non-theistic views, or religious belief or practice: detention, interrogation, imposition of an onerous financial penalty, forced labor, forced mass resettlement, imprisonment, forced religious conversion, forcibly compelling non-believers or non-theists to recant their beliefs or to convert, beating, torture, mutilation, rape, enslavement, murder, and execution.1So in original. Probably should be "Presidential".2See References in Text note below.