§6447 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The President can pause certain penalties listed in items (9) through (15) of section 6445(a) for a country for one 180-day period if the President decides and tells the right congressional committees that the pause would help the purposes of this law or is needed for an important U.S. national interest. After that 180 days, the President can extend the pause for another specified period if the President finds and reports that the foreign government stopped the violations that led to the penalties or that the national interest requires the extension. No later than the day the President uses a waiver or plans to use one, the President must notify the congressional committees and give a detailed explanation. Congress believes repeated long waivers do not meet the law’s goals, and that the President, the Secretary of State, and other officials should work with Congress to address violations case-by-case using the actions in section 6445 or similar measures.

Title 22, §6447

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)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)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)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)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a)(1) and (d)(1), was in the original “this Act”, meaning Pub. L. 105–292, Oct. 27, 1998, 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.

Amendments

2016—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).

§6447 Presidential Waiver