Statutes, codes, and regulations
United States Code
Title 22 - FOREIGN RELATIONS AND INTERCOURSEChapter 73 - INTERNATIONAL RELIGIOUS FREEDOMSubchapter III - PRESIDENTIAL ACTIONS
Part A - TARGETED RESPONSES TO VIOLATIONS OF RELIGIOUS FREEDOM ABROAD
Section 6447 - Presidential waiver

22 U.S.C. § 6447

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Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 6447 - Presidential waiver
(a) In general

Subject to subsection (c), the President may waive, for a single, 180-day period, the application of any of the actions described in paragraphs (9) through (15) of section 6445(a) of this title (or commensurate action in substitution thereto) with respect to a country, if the President determines and so reports to the appropriate congressional committees that-

(1) the exercise of such waiver authority would further the purposes of this chapter; or
(2) the important national interest of the United States requires the exercise of such waiver authority.
(b) Additional authority

Subject to subsection (c), the President may waive, for any additional specified period of time after the 180-day period described in subsection (a), the application of any of the actions described in paragraphs (9) through (15) of section 6445(a) of this title (or a commensurate substitute action) with respect to a country, if the President determines and reports to the appropriate congressional committees that-

(1) the respective foreign government has ceased the violations giving rise to the Presidential action; or
(2) the important national interest of the United States requires the exercise of such waiver authority.
(c) Congressional notification

Not later than the date of the exercise of a waiver under subsection (a) or (b), the President shall notify the appropriate congressional committees of the waiver or the intention to exercise the waiver, together with a detailed justification thereof.

(d) Sense of Congress

It is the sense of Congress that-

(1) ongoing and persistent waivers of the application of any of the actions described in paragraphs (9) through (15) of section 6445(a) of this title (or commensurate substitute action) with respect to a country do not fulfill the purposes of this chapter; and
(2) because the promotion of religious freedom is an important interest of United States foreign policy, the President, the Secretary of State, and other executive branch officials, in consultation with Congress, should seek to find ways to address existing violations, on a case-by-case basis, through the actions described in section 6445 of this title or other commensurate substitute action.

22 U.S.C. § 6447

Pub. L. 105-292, title IV, §407, Oct. 27, 1998, 112 Stat. 2808; Pub. L. 114-281, title III, §304, Dec. 16, 2016, 130 Stat. 1435.

EDITORIAL NOTES

REFERENCES IN TEXTThis chapter, referred to in subsecs. (a)(1) and (d)(1), 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. (a). Pub. L. 114-281, §304(1)(A), (B), in introductory provisions, substituted "subsection (c)" for "subsection (b)" and inserted ",for a single, 180-day period," after "may waive". Subsec. (a)(1) to (3). Pub. L. 114-281, §304(1)(C), (D), redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out former par. (1) which read as follows: "the respective foreign government has ceased the violations giving rise to the Presidential action;".Subsec. (b). Pub. L. 114-281, §304(3), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 114-281, §304(2), (4), redesignated subsec. (b) as (c) and inserted "or (b)" after "subsection (a)". Subsec. (d). Pub. L. 114-281, §304(5), added subsec. (d).

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 President 1 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.