22 U.S.C. § 6441 — Presidential actions in response to viola-

Page 1814 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6436 (f) Commission records The Commission shall comply with all of the records management requirements set forth in chapter 31 of title 44 (commonly referred to as the ‘‘Federal Records Act of 1950’’). (g) Official email for commission business When conducting any Commission business on electronic accounts, Commission Members and staff shall use official Commission electronic ac- counts. (Pub. L. 105–292, title II, § 208, as added Pub. L. 106–55, § 1(b)(5), Aug. 17, 1999, 113 Stat. 403; amended Pub. L. 107–228, div. A, title VI, § 681(f), Sept. 30, 2002, 116 Stat. 1409; Pub. L. 112–75, § 5, Dec. 23, 2011, 125 Stat. 1273; Pub. L. 116–94, div. J, title VIII, § 809, Dec. 20, 2019, 133 Stat. 3079.) Editorial Notes REFERENCES IN TEXT Section 6474 of this title, referred to in subsec. (c)(2), was in the original a reference to section 605 of Pub. L. 105–292, which was renumbered section 606 by Pub. L. 114–281, title V, § 501(1), Dec. 16, 2016, 130 Stat. 1437. The Foreign Gifts and Decorations Act of 1966, re- ferred to in subsec. (d)(2)(E), is Pub. L. 89–673, Oct. 15, 1966, 80 Stat. 952, which was classified principally to chapter 37 (§ 2621 et seq.) of this title. The Act was sub- stantially repealed, except for provisions which are classified to section 2625 of this title, and with limited applicability, to section 2621 of this title, and was re- stated in section 7342 of Title 5, Government Organiza- tion and Employees, by Pub. L. 90–83, § 10(b), Sept. 11, 1967, 91 Stat. 224. For complete classification of this Act to the Code, see Tables. AMENDMENTS 2019—Subsecs. (f), (g). Pub. L. 116–94 added subsecs. (f) and (g). 2011—Subsec. (c)(1). Pub. L. 112–75, § 5(1), substituted ‘‘$250,000’’ for ‘‘$100,000’’. Subsec. (e). Pub. L. 112–75, § 5(2), substituted ‘‘Foreign Affairs’’ for ‘‘International Relations’’. 2002—Subsec. (c)(1). Pub. L. 107–228 substituted ‘‘The Commission may procure temporary and intermittent services under the authority of section 3109(b) of title 5, except that the Commission may not expend more than $100,000 in any fiscal year to procure such serv- ices.’’ for ‘‘The Commission may not procure tem- porary and intermittent services under section 3109(b) of title 5 or under other contracting authority other than that allowed under this subchapter.’’ § 6436. Termination The Commission shall terminate on Sep- tember 30, 2026. (Pub. L. 105–292, title II, § 209, formerly § 206, Oct. 27, 1998, 112 Stat. 2800; renumbered § 209 and amended Pub. L. 106–55, § 1(b)(2), (c), Aug. 17, 1999, 113 Stat. 401, 405; Pub. L. 107–228, div. A, title VI, § 681(g), Sept. 30, 2002, 116 Stat. 1409; Pub. L. 112–75, § 6, Dec. 23, 2011, 125 Stat. 1273; Pub. L. 113–271, § 1(2), Dec. 18, 2014, 128 Stat. 2951; Pub. L. 114–71, § 3, Oct. 16, 2015, 129 Stat. 563; Pub. L. 116–94, div. J, title VIII, § 802, Dec. 20, 2019, 133 Stat. 3076; Pub. L. 117–181, § 2(b), Sept. 30, 2022, 136 Stat. 2177; Pub. L. 118–90, § 2(b), Sept. 30, 2024, 138 Stat. 1559.) Editorial Notes AMENDMENTS 2024—Pub. L. 118–90 substituted ‘‘September 30, 2026’’ for ‘‘September 30, 2024’’. 2022—Pub. L. 117–181 substituted ‘‘September 30, 2024’’ for ‘‘September 30, 2022’’. 2019—Pub. L. 116–94 substituted ‘‘2022’’ for ‘‘2019’’. 2015—Pub. L. 114–71 substituted ‘‘September 30, 2019’’ for ‘‘September 30, 2015’’. 2014—Pub. L. 113–271 substituted ‘‘September 30, 2015’’ for ‘‘September 30, 2014’’. 2011—Pub. L. 112–75 substituted ‘‘September 30, 2014’’ for ‘‘September 30, 2011’’. 2002—Pub. L. 107–228 substituted ‘‘September 30, 2011’’ for ‘‘May 14, 2003’’. 1999—Pub. L. 106–55, § 1(c), which directed substitution of ‘‘on May 14, 2003’’ for ‘‘4 years after the initial ap- pointment of all the Commissioners’’, was executed by making the substitution for ‘‘4 years after the initial appointment of all of the Commissioners’’, to reflect the probable intent of Congress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113–271 effective as if enacted on Dec. 10, 2014, see section 2 of Pub. L. 113–271, set out as a note under section 6435 of this title. EXTENSION OF TERMINATION DATE Pub. L. 112–74, div. I, title I, Dec. 23, 2011, 125 Stat. 1173, provided in part: ‘‘That section 209 of the Inter- national Religious Freedom Act of 1998 (22 U.S.C. 6436) shall be applied by substituting ‘September 30, 2012’ for ‘September 30, 2011’ ’’. SUBCHAPTER III—PRESIDENTIAL ACTIONS PART A—TARGETED RESPONSES TO VIOLATIONS OF RELIGIOUS FREEDOM ABROAD § 6441. Presidential actions in response to viola- tions 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 free- dom 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 ac- tions described in subsection (b). (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). (2) Basis of actions Each action taken under paragraph (1)(B) shall be based upon information regarding vio- lations 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 avail- able, 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 Presi- dent, in consultation with the Secretary of Page 1815 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6442 State, the Ambassador at Large, the Special Adviser, and the Commission, shall, as expedi- tiously as practicable in response to the viola- tions described in subsection (a) by the gov- ernment of a foreign country— (A) take one or more of the actions de- scribed in paragraphs (1) through (15) of sec- tion 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 para- graphs (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 para- graph (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 ex- ceed 90 days, is necessary pursuant to the same provisions applying to countries of par- ticular concern for religious freedom under section 6442(c)(3) of this title. (c) Implementation (1) In general In carrying out subsection (b), the President shall— (A) take the action or actions that most appropriately respond to the nature and se- verity 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 instrumen- tality of the foreign government, or specific officials thereof, that are responsible for such violations; and (C) when appropriate, make every reason- able 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 para- graph (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 substi- tution thereto), shall seek to minimize any ad- verse 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 organi- zations in such country. (Pub. L. 105–292, title IV, § 401, Oct. 27, 1998, 112 Stat. 2800.) Executive Documents 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 Free- dom 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. § 6442. Presidential actions in response to par- ticularly severe violations of religious free- dom (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 viola- tions of religious freedom that are or have been engaged in or tolerated by the govern- ments of foreign countries; and (B) to promote the right to freedom of reli- gion in those countries through the actions described in subsection (c). (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 op- pose such violations and promote the right to religious freedom through one or more of the actions described in subsection (c). (b) Designations of countries of particular con- cern for religious freedom (1) Annual review (A) In general Not later than 90 days after the date on which each Annual Report is submitted under section 6412(b) of this title, the Presi- dent shall— (i) 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 each such country during the preceding 12 months or longer;