US (United States) Code. Title 22. Chapter 73: International Religious Freedom

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Foreign Relations and Intercourse

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-CITE-

22 USC CHAPTER 73 - INTERNATIONAL RELIGIOUS FREEDOM 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 73 - INTERNATIONAL RELIGIOUS FREEDOM

-HEAD-

CHAPTER 73 - INTERNATIONAL RELIGIOUS FREEDOM

-MISC1-

Sec.

6401. Findings; policy.

(a) Findings.

(b) Policy.

6402. Definitions.

SUBCHAPTER I - DEPARTMENT OF STATE ACTIVITIES

6411. Office on International Religious Freedom; Ambassador

at Large for International Religious Freedom.

(a) Establishment of Office.

(b) Appointment.

(c) Duties.

(d) Funding.

6412. Reports.

(a) Portions of annual Human Rights Reports.

(b) Annual Report on International Religious

Freedom.

(c) Preparation of reports regarding violations of

religious freedom.

6413. Establishment of religious freedom Internet site.

6414. High-level contacts with nongovernmental

organizations.

6415. Programs and allocations of funds by United States

missions abroad.

6416. Equal access to United States missions abroad for

conducting religious activities.

(a) In general.

(b) Timing and location.

(c) Discretionary access for foreign nationals.

6417. Prisoner lists and issue briefs on religious freedom

concerns.

(a) Sense of Congress.

(b) Prisoner lists and issue briefs on religious

freedom concerns.

(c) Availability of information.

SUBCHAPTER II - COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

6431. Establishment and composition.

(a) In general.

(b) Membership.

(c) Terms.

(d) Election of Chair.

(e) Quorum.

(f) Meetings.

(g) Vacancies.

(h) Administrative support.

(i) Funding.

6432. Duties of Commission.

(a) In general.

(b) Policy review and recommendations in response

to violations.

(c) Policy review and recommendations in response

to progress.

(d) Effects on religious communities and

individuals.

(e) Monitoring.

6432a. Powers of the Commission.

(a) Hearings and sessions.

(b) Information from Federal agencies.

(c) Postal services.

(d) Administrative procedures.

(e) Views of the Commission.

(f) Travel.

6432b. Commission personnel matters.

(a) In general.

(b) Compensation.

(c) Professional staff.

(d) Staff and services of other Federal agencies.

(e) Security clearances.

(f) Cost.

6433. Report of Commission.

(a) In general.

(b) Classified form of report.

(c) Individual or dissenting views.

6434. Applicability of other laws.

6435. Authorization of appropriations.

(a) In general.

(b) Availability of funds.

6435a. Standards of conduct and disclosure.

(a) Cooperation with nongovernmental organizations,

the Department of State, and Congress.

(b) Conflict of interest and antinepotism.

(c) Contract authority.

(d) Gifts.

(e) Annual financial report.

6436. Termination.

SUBCHAPTER III - PRESIDENTIAL ACTIONS

PART A - TARGETED RESPONSES TO VIOLATIONS OF RELIGIOUS FREEDOM

ABROAD

6441. Presidential actions in response to violations of

religious freedom.

(a) Response to violations of religious freedom.

(b) Presidential actions.

(c) Implementation.

6442. Presidential actions in response to particularly

severe violations of religious freedom.

(a) Response to particularly severe violations of

religious freedom.

(b) Designations of countries of particular concern

for religious freedom.

(c) Presidential actions with respect to countries

of particular concern for religious freedom.

(d) Statutory construction.

6443. Consultations.

(a) In general.

(b) Duty to consult with foreign governments prior

to taking Presidential actions.

(c) Duty to consult with humanitarian

organizations.

(d) Duty to consult with United States interested

parties.

6444. Report to Congress.

(a) In general.

(b) Delay in transmittal of report.

6445. Description of Presidential actions.

(a) Description of Presidential actions.

(b) Commensurate action.

(c) Binding agreements.

(d) Exceptions.

6446. Effects on existing contracts.

6447. Presidential waiver.

(a) In general.

(b) Congressional notification.

6448. Publication in Federal Register.

(a) In general.

(b) Limited disclosure of information.

6449. Termination of Presidential actions.

6450. Preclusion of judicial review.

PART B - STRENGTHENING EXISTING LAW

6461. Exports of certain items used in particularly severe

violations of religious freedom.

(a) Mandatory licensing.

(b) Licensing ban.

SUBCHAPTER IV - REFUGEE, ASYLUM, AND CONSULAR MATTERS

6471. Use of Annual Report.

6472. Reform of refugee policy.

(a), (b) Omitted.

(c) Guidelines for refugee-processing posts.

(d) Annual consultation.

6473. Reform of asylum policy.

(a) Guidelines.

(b) Training for asylum and immigration officers.

(c) Training for immigration judges.

6474. Studies on effect of expedited removal provisions on

asylum claims.

(a) Studies.

(b) Reports.

(c) Access to proceedings.

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

6481. Business codes of conduct.

(a) Congressional finding.

(b) Sense of Congress.

-End-

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22 USC Sec. 6401 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 73 - INTERNATIONAL RELIGIOUS FREEDOM

-HEAD-

Sec. 6401. Findings; policy

-STATUTE-

(a) Findings

Congress makes the following findings:

(1) The right to freedom of religion undergirds the very origin

and existence of the United States. Many of our Nation's founders

fled religious persecution abroad, cherishing in their hearts and

minds the ideal of religious freedom. They established in law, as

a fundamental right and as a pillar of our Nation, the right to

freedom of religion. From its birth to this day, the United

States has prized this legacy of religious freedom and honored

this heritage by standing for religious freedom and offering

refuge to those suffering religious persecution.

(2) Freedom of religious belief and practice is a universal

human right and fundamental freedom articulated in numerous

international instruments, including the Universal Declaration of

Human Rights, the International Covenant on Civil and Political

Rights, the Helsinki Accords, the Declaration on the Elimination

of All Forms of Intolerance and Discrimination Based on Religion

or Belief, the United Nations Charter, and the European

Convention for the Protection of Human Rights and Fundamental

Freedoms.

(3) Article 18 of the Universal Declaration of Human Rights

recognizes that "Everyone has the right to freedom of thought,

conscience, and religion. This right includes freedom to change

his religion or belief, and freedom, either alone or in community

with others and in public or private, to manifest his religion or

belief in teaching, practice, worship, and observance.". Article

18(1) of the International Covenant on Civil and Political Rights

recognizes that "Everyone shall have the right to freedom of

thought, conscience, and religion. This right shall include

freedom to have or to adopt a religion or belief of his choice,

and freedom, either individually or in community with others and

in public or private, to manifest his religion or belief in

worship, observance, practice, and teaching". Governments have

the responsibility to protect the fundamental rights of their

citizens and to pursue justice for all. Religious freedom is a

fundamental right of every individual, regardless of race, sex,

country, creed, or nationality, and should never be arbitrarily

abridged by any government.

(4) The right to freedom of religion is under renewed and, in

some cases, increasing assault in many countries around the

world. More than one-half of the world's population lives under

regimes that severely restrict or prohibit the freedom of their

citizens to study, believe, observe, and freely practice the

religious faith of their choice. Religious believers and

communities suffer both government-sponsored and

government-tolerated violations of their rights to religious

freedom. Among the many forms of such violations are

state-sponsored slander campaigns, confiscations of property,

surveillance by security police, including by special divisions

of "religious police", severe prohibitions against construction

and repair of places of worship, denial of the right to assemble

and relegation of religious communities to illegal status through

arbitrary registration laws, prohibitions against the pursuit of

education or public office, and prohibitions against publishing,

distributing, or possessing religious literature and materials.

(5) Even more abhorrent, religious believers in many countries

face such severe and violent forms of religious persecution as

detention, torture, beatings, forced marriage, rape,

imprisonment, enslavement, mass resettlement, and death merely

for the peaceful belief in, change of or practice of their faith.

In many countries, religious believers are forced to meet

secretly, and religious leaders are targeted by national security

forces and hostile mobs.

(6) Though not confined to a particular region or regime,

religious persecution is often particularly widespread,

systematic, and heinous under totalitarian governments and in

countries with militant, politicized religious majorities.

(7) Congress has recognized and denounced acts of religious

persecution through the adoption of the following resolutions:

(A) House Resolution 515 of the One Hundred Fourth Congress,

expressing the sense of the House of Representatives with

respect to the persecution of Christians worldwide.

(B) Senate Concurrent Resolution 71 of the One Hundred Fourth

Congress, expressing the sense of the Senate regarding

persecution of Christians worldwide.

(C) House Concurrent Resolution 102 of the One Hundred Fourth

Congress, expressing the sense of the House of Representatives

concerning the emancipation of the Iranian Baha'i community.

(b) Policy

It shall be the policy of the United States, as follows:

(1) To condemn violations of religious freedom, and to promote,

and to assist other governments in the promotion of, the

fundamental right to freedom of religion.

(2) To seek to channel United States security and development

assistance to governments other than those found to be engaged in

gross violations of the right to freedom of religion, as set

forth in the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et

seq.], in the International Financial Institutions Act of 1977,

and in other formulations of United States human rights policy.

(3) To be vigorous and flexible, reflecting both the unwavering

commitment of the United States to religious freedom and the

desire of the United States for the most effective and principled

response, in light of the range of violations of religious

freedom by a variety of persecuting regimes, and the status of

the relations of the United States with different nations.

(4) To work with foreign governments that affirm and protect

religious freedom, in order to develop multilateral documents and

initiatives to combat violations of religious freedom and promote

the right to religious freedom abroad.

(5) Standing for liberty and standing with the persecuted, to

use and implement appropriate tools in the United States foreign

policy apparatus, including diplomatic, political, commercial,

charitable, educational, and cultural channels, to promote

respect for religious freedom by all governments and peoples.

-SOURCE-

(Pub. L. 105-292, Sec. 2, Oct. 27, 1998, 112 Stat. 2788.)

-REFTEXT-

REFERENCES IN TEXT

House Concurrent Resolution 102, referred to in subsec.

(a)(7)(C), is H. Con. Res. 102, June 26, 1996, 110 Stat. 4483,

which is not classified to the Code.

The Foreign Assistance Act of 1961, referred to in subsec.

(b)(2), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended,

which is classified principally to chapter 32 (Sec. 2151 et seq.)

of this title. For complete classification of this Act to the Code,

see Short Title note set out under section 2151 of this title and

Tables.

The International Financial Institutions Act of 1977, referred to

in subsec. (b)(2), probably means the International Financial

Institutions Act, Pub. L. 95-118, Oct. 3, 1977, 91 Stat. 1067, as

amended, which enacted sections 262c, 262d, 262e to 262g-3, 262m to

262p-7, 262r to 262t, 282i, 284n, 285s, 285t, 286e-1f, and 290g-10

of this title, repealed sections 283y, 284m, and 290g-9 of this

title, and enacted provisions set out as notes under sections 262c

and 282i of this title. For complete classification of this Act to

the Code, see Short Title of 1977 Amendment note set out under

section 261 of this title and Tables.

-MISC1-

SHORT TITLE

Pub. L. 105-292, Sec. 1(a), Oct. 27, 1998, 112 Stat. 2787,

provided that: "This Act [enacting this chapter and section 4028 of

this title, amending sections 262d, 2151n, 2304, 2452, 3965, 4013,

4028, and 6202 of this title, sections 1157 and 1182 of Title 8,

Aliens and Nationality, and section 402 of Title 50, War and

National Defense, and enacting provisions set out as notes under

section 2151n of this title and section 1182 of Title 8] may be

cited as the 'International Religious Freedom Act of 1998'."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6402, 6445 of this title.

-End-

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22 USC Sec. 6402 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 73 - INTERNATIONAL RELIGIOUS FREEDOM

-HEAD-

Sec. 6402. Definitions

-STATUTE-

In this chapter:

(1) Ambassador at Large

The term "Ambassador at Large" means the Ambassador at Large

for International Religious Freedom appointed under section

6411(b) of this title.

(2) Annual Report

The term "Annual Report" means the Annual Report on

International Religious Freedom described in section 6412(b) of

this title.

(3) 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.

(4) Commensurate action

The term "commensurate action" means action taken by the

President under section 6445(b) of this title.

(5) Commission

The term "Commission" means the United States Commission on

International Religious Freedom established in section 6431(a) of

this title.

(6) 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.

(7) Executive Summary

The term "Executive Summary" means the Executive Summary to the

Annual Report, as described in section 6412(b)(1)(F) of this

title.

(8) Government or foreign government

The term "government" or "foreign government" includes any

agency or instrumentality of the government.

(9) Human Rights Reports

The term "Human Rights Reports" means all reports submitted by

the Department of State to Congress under sections 2151n and 2304

of this title.

(10) Office

The term "Office" means the Office on International Religious

Freedom established in section 6411(a) of this title.

(11) 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.

(12) Special Adviser

The term "Special Adviser" means the Special Adviser to the

President on International Religious Freedom described in section

402(i) of title 50.

(13) 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) possession and distribution of religious literature,

including Bibles; or

(v) 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 religious belief or practice: detention,

interrogation, imposition of an onerous financial penalty,

forced labor, forced mass resettlement, imprisonment, forced

religious conversion, beating, torture, mutilation, rape,

enslavement, murder, and execution.

-SOURCE-

(Pub. L. 105-292, Sec. 3, Oct. 27, 1998, 112 Stat. 2790.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, 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.

-CHANGE-

CHANGE OF NAME

Committee on Banking and Financial Services of House of

Representatives abolished and replaced by Committee on Financial

Services of House of Representatives, and jurisdiction over matters

relating to securities and exchanges and insurance generally

transferred from Committee on Energy and Commerce of House of

Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 262d, 2151n, 2304 of this

title; title 8 section 1182; title 50 section 402.

-FOOTNOTE-

(!1) So in original. Probably should be "Presidential".

-End-

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22 USC SUBCHAPTER I - DEPARTMENT OF STATE ACTIVITIES 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 73 - INTERNATIONAL RELIGIOUS FREEDOM

SUBCHAPTER I - DEPARTMENT OF STATE ACTIVITIES

-HEAD-

SUBCHAPTER I - DEPARTMENT OF STATE ACTIVITIES

-End-

-CITE-

22 USC Sec. 6411 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 73 - INTERNATIONAL RELIGIOUS FREEDOM

SUBCHAPTER I - DEPARTMENT OF STATE ACTIVITIES

-HEAD-

Sec. 6411. Office on International Religious Freedom; Ambassador at

Large for International Religious Freedom

-STATUTE-

(a) Establishment of Office

There is established within the Department of State an Office on

International Religious Freedom that shall be headed by the

Ambassador at Large for International Religious Freedom appointed

under subsection (b) of this section.

(b) Appointment

The Ambassador at Large shall be appointed by the President, by

and with the advice and consent of the Senate.

(c) Duties

The Ambassador at Large shall have the following

responsibilities:

(1) In general

The primary responsibility of the Ambassador at Large shall be

to advance the right to freedom of religion abroad, to denounce

the violation of that right, and to recommend appropriate

responses by the United States Government when this right is

violated.

(2) Advisory role

The Ambassador at Large shall be a principal adviser to the

President and the Secretary of State regarding matters affecting

religious freedom abroad and, with advice from the Commission on

International Religious Freedom, shall make recommendations

regarding -

(A) the policies of the United States Government toward

governments that violate freedom of religion or that fail to

ensure the individual's right to religious belief and practice;

and

(B) policies to advance the right to religious freedom

abroad.

(3) Diplomatic representation

Subject to the direction of the President and the Secretary of

State, the Ambassador at Large is authorized to represent the

United States in matters and cases relevant to religious freedom

abroad in -

(A) contacts with foreign governments, intergovernmental

organizations, and specialized agencies of the United Nations,

the Organization on Security and Cooperation in Europe, and

other international organizations of which the United States is

a member; and

(B) multilateral conferences and meetings relevant to

religious freedom abroad.

(4) Reporting responsibilities

The Ambassador at Large shall have the reporting

responsibilities described in section 6412 of this title.

(d) Funding

The Secretary of State shall provide the Ambassador at Large with

such funds as may be necessary for the hiring of staff for the

Office, for the conduct of investigations by the Office, and for

necessary travel to carry out the provisions of this section.

-SOURCE-

(Pub. L. 105-292, title I, Sec. 101, Oct. 27, 1998, 112 Stat.

2791.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4028, 6402 of this title.

-End-

-CITE-

22 USC Sec. 6412 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 73 - INTERNATIONAL RELIGIOUS FREEDOM

SUBCHAPTER I - DEPARTMENT OF STATE ACTIVITIES

-HEAD-

Sec. 6412. Reports

-STATUTE-

(a) Portions of annual Human Rights Reports

The Ambassador at Large shall assist the Secretary of State in

preparing those portions of the Human Rights Reports that relate to

freedom of religion and freedom from discrimination based on

religion and those portions of other information provided Congress

under sections 2151n and 2304 of this title that relate to the

right to freedom of religion.

(b) Annual Report on International Religious Freedom

(1) Deadline for submission

On September 1 of each year or the first day thereafter on

which the appropriate House of Congress is in session, the

Secretary of State, with the assistance of the Ambassador at

Large, and taking into consideration the recommendations of the

Commission, shall prepare and transmit to Congress an Annual

Report on International Religious Freedom supplementing the most

recent Human Rights Reports by providing additional detailed

information with respect to matters involving international

religious freedom. Each Annual Report shall contain the

following:

(A) Status of religious freedom

A description of the status of religious freedom in each

foreign country, including -

(i) trends toward improvement in the respect and protection

of the right to religious freedom and trends toward

deterioration of such right;

(ii) violations of religious freedom engaged in or

tolerated by the government of that country; and

(iii) particularly severe violations of religious freedom

engaged in or tolerated by the government of that country.

(B) Violations of religious freedom

An assessment and description of the nature and extent of

violations of religious freedom in each foreign country,

including persecution of one religious group by another

religious group, religious persecution by governmental and

nongovernmental entities, persecution targeted at individuals

or particular denominations or entire religions, the existence

of government policies violating religious freedom, including

policies that discriminate against particular religious groups

or members of such groups, and the existence of government

policies concerning -

(i) limitations or prohibitions on, or lack of availability

of, openly conducted, organized religious services outside of

the premises of foreign diplomatic missions or consular

posts; and

(ii) the forced religious conversion of minor United States

citizens who have been abducted or illegally removed from the

United States, and the refusal to allow such citizens to be

returned to the United States.

(C) United States policies

A description of United States actions and policies in

support of religious freedom in each foreign country engaging

in or tolerating violations of religious freedom, including a

description of the measures and policies implemented during the

preceding 12 months by the United States under titles I, IV,

and V of this Act in opposition to violations of religious

freedom and in support of international religious freedom.

(D) International agreements in effect

A description of any binding agreement with a foreign

government entered into by the United States under section

6441(b) or 6442(c) of this title.

(E) Training and guidelines of Government personnel

A description of -

(i) the training described in section 6472(a) and (b) of

this title and section 6473(b) and (c) of this title on

violations of religious freedom provided to immigration

judges and consular, refugee, immigration, and asylum

officers; and

(ii) the development and implementation of the guidelines

described in sections 6472(c) and 6473(a) of this title.

(F) Executive Summary

An Executive Summary to the Annual Report highlighting the

status of religious freedom in certain foreign countries and

including the following:

(i) Countries in which the United States is actively

promoting religious freedom

An identification of foreign countries in which the United

States is actively promoting religious freedom. This section

of the report shall include a description of United States

actions taken to promote the internationally recognized right

to freedom of religion and oppose violations of such right

under title IV and title V of this Act during the period

covered by the Annual Report. Any country designated as a

country of particular concern for religious freedom under

section 6442(b)(1) of this title shall be included in this

section of the report.

(ii) Countries of significant improvement in religious

freedom

An identification of foreign countries the governments of

which have demonstrated significant improvement in the

protection and promotion of the internationally recognized

right to freedom of religion during the period covered by the

Annual Report. This section of the report shall include a

description of the nature of the improvement and an analysis

of the factors contributing to such improvement, including

actions taken by the United States under this chapter.

(2) Classified addendum

If the Secretary of State determines that it is in the national

security interests of the United States or is necessary for the

safety of individuals to be identified in the Annual Report or is

necessary to further the purposes of this chapter, any

information required by paragraph (1), including measures or

actions taken by the United States, may be summarized in the

Annual Report or the Executive Summary and submitted in more

detail in a classified addendum to the Annual Report or the

Executive Summary.

(c) Preparation of reports regarding violations of religious

freedom

(1) Standards and investigations

The Secretary of State shall ensure that United States missions

abroad maintain a consistent reporting standard and thoroughly

investigate reports of violations of the internationally

recognized right to freedom of religion.

(2) Contacts with nongovernmental organizations

In compiling data and assessing the respect of the right to

religious freedom for the Human Rights Reports, the Annual Report

on International Religious Freedom, and the Executive Summary,

United States mission personnel shall, as appropriate, seek out

and maintain contacts with religious and human rights

nongovernmental organizations, with the consent of those

organizations, including receiving reports and updates from such

organizations and, when appropriate, investigating such reports.

-SOURCE-

(Pub. L. 105-292, title I, Sec. 102, Oct. 27, 1998, 112 Stat. 2792;

Pub. L. 107-228, div. A, title VI, Sec. 681(a), Sept. 30, 2002, 116

Stat. 1408.)

-REFTEXT-

REFERENCES IN TEXT

Titles I, IV, and V of this Act, referred to in subsec.

(b)(1)(C), (F)(i), are titles I, IV, and V of Pub. L. 105-292, Oct.

27, 1998, 112 Stat. 2791, 2800, 2811. Titles I and IV are

classified principally to this subchapter (Sec. 6411 et seq.) and

subchapter III (Sec. 6441 et seq.) of this chapter, respectively.

Title V amended sections 2151n, 2452, 3965, 4013, and 6202 of this

title and enacted provisions set out as a note under section 2151n

of this title. For complete classification of titles I, IV, and V

to the Code, see Tables.

This chapter, referred to in subsec. (b)(1)(F)(ii), (2), 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.

-COD-

CODIFICATION

Section is comprised of section 102 of Pub. L. 105-292. Subsec.

(d) of section 102 of Pub. L. 105-292 amended sections 2151n and

2304 of this title.

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(1)(B). Pub. L. 107-228 inserted "including

policies that discriminate against particular religious groups or

members of such groups," after "the existence of government

policies violating religious freedom,".

-TRANS-

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF

FUNCTIONS

For abolition of Immigration and Naturalization Service, transfer

of functions, and treatment of related references, see note set out

under section 1551 of Title 8, Aliens and Nationality.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6402, 6411 of this title.

-End-

-CITE-

22 USC Sec. 6413 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 73 - INTERNATIONAL RELIGIOUS FREEDOM

SUBCHAPTER I - DEPARTMENT OF STATE ACTIVITIES

-HEAD-

Sec. 6413. Establishment of religious freedom Internet site

-STATUTE-

In order to facilitate access by nongovernmental organizations

(NGOs) and by the public around the world to international

documents on the protection of religious freedom, the Secretary of

State, with the assistance of the Ambassador at Large, shall

establish and maintain an Internet site containing major

international documents relating to religious freedom, the Annual

Report, the Executive Summary, and any other documentation or

references to other sites as deemed appropriate or relevant by the

Ambassador at Large.

-SOURCE-

(Pub. L. 105-292, title I, Sec. 103, Oct. 27, 1998, 112 Stat.

2795.)

-End-

-CITE-

22 USC Sec. 6414 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 73 - INTERNATIONAL RELIGIOUS FREEDOM

SUBCHAPTER I - DEPARTMENT OF STATE ACTIVITIES

-HEAD-

Sec. 6414. High-level contacts with nongovernmental organizations

-STATUTE-

United States chiefs of mission shall seek out and contact

religious nongovernmental organizations to provide high-level

meetings with religious nongovernmental organizations where

appropriate and beneficial. United States chiefs of mission and

Foreign Service officers abroad shall seek to meet with imprisoned

religious leaders where appropriate and beneficial.

-SOURCE-

(Pub. L. 105-292, title I, Sec. 105, Oct. 27, 1998, 112 Stat.

2795.)

-End-

-CITE-

22 USC Sec. 6415 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 73 - INTERNATIONAL RELIGIOUS FREEDOM

SUBCHAPTER I - DEPARTMENT OF STATE ACTIVITIES

-HEAD-

Sec. 6415. Programs and allocations of funds by United States

missions abroad

-STATUTE-

It is the sense of the Congress that -

(1) United States diplomatic missions in countries the

governments of which engage in or tolerate violations of the

internationally recognized right to freedom of religion should

develop, as part of annual program planning, a strategy to

promote respect for the internationally recognized right to

freedom of religion; and

(2) in allocating or recommending the allocation of funds or

the recommendation of candidates for programs and grants funded

by the United States Government, United States diplomatic

missions should give particular consideration to those programs

and candidates deemed to assist in the promotion of the right to

religious freedom.

-SOURCE-

(Pub. L. 105-292, title I, Sec. 106, Oct. 27, 1998, 112 Stat.

2796.)

-End-

-CITE-

22 USC Sec. 6416 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 73 - INTERNATIONAL RELIGIOUS FREEDOM

SUBCHAPTER I - DEPARTMENT OF STATE ACTIVITIES

-HEAD-

Sec. 6416. Equal access to United States missions abroad for

conducting religious activities

-STATUTE-

(a) In general

Subject to this section, the Secretary of State shall permit, on

terms no less favorable than that accorded other nongovernmental

activities unrelated to the conduct of the diplomatic mission,

access to the premises of any United States diplomatic mission or

consular post by any United States citizen seeking to conduct an

activity for religious purposes.

(b) Timing and location

The Secretary of State shall make reasonable accommodations with

respect to the timing and location of such access in light of -

(1) the number of United States citizens requesting the access

(including any particular religious concerns regarding the time

of day, date, or physical setting for services);

(2) conflicts with official activities and other nonofficial

United States citizen requests;

(3) the availability of openly conducted, organized religious

services outside the premises of the mission or post;

(4) availability of space and resources; and

(5) necessary security precautions.

(c) Discretionary access for foreign nationals

The Secretary of State may permit access to the premises of a

United States diplomatic mission or consular post to foreign

nationals for the purpose of attending or participating in

religious activities conducted pursuant to this section.

-SOURCE-

(Pub. L. 105-292, title I, Sec. 107, Oct. 27, 1998, 112 Stat.

2796.)

-End-

-CITE-

22 USC Sec. 6417 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 73 - INTERNATIONAL RELIGIOUS FREEDOM

SUBCHAPTER I - DEPARTMENT OF STATE ACTIVITIES

-HEAD-

Sec. 6417. Prisoner lists and issue briefs on religious freedom

concerns

-STATUTE-

(a) Sense of Congress

To encourage involvement with religious freedom concerns at every

possible opportunity and by all appropriate representatives of the

United States Government, it is the sense of the Congress that

officials of the executive branch of Government should promote

increased advocacy on such issues during meetings between foreign

dignitaries and executive branch officials or Members of Congress.

(b) Prisoner lists and issue briefs on religious freedom concerns

The Secretary of State, in consultation with the Ambassador at

Large, the Assistant Secretary of State for Democracy, Human Rights

and Labor, United States chiefs of mission abroad, regional

experts, and nongovernmental human rights and religious groups,

shall prepare and maintain issue briefs on religious freedom, on a

country-by-country basis, consisting of lists of persons believed

to be imprisoned, detained, or placed under house arrest for their

religious faith, together with brief evaluations and critiques of

the policies of the respective country restricting religious

freedom. In considering the inclusion of names of prisoners on such

lists, the Secretary of State shall exercise appropriate

discretion, including concerns regarding the safety, security, and

benefit to such prisoners.

(c) Availability of information

The Secretary shall, as appropriate, provide religious freedom

issue briefs under subsection (b) of this section to executive

branch officials and Members of Congress in anticipation of

bilateral contacts with foreign leaders, both in the United States

and abroad.

-SOURCE-

(Pub. L. 105-292, title I, Sec. 108, Oct. 27, 1998, 112 Stat.

2796.)

-End-

-CITE-

22 USC SUBCHAPTER II - COMMISSION ON INTERNATIONAL

RELIGIOUS FREEDOM 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 73 - INTERNATIONAL RELIGIOUS FREEDOM

SUBCHAPTER II - COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

-HEAD-

SUBCHAPTER II - COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

-End-

-CITE-

22 USC Sec. 6431 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 73 - INTERNATIONAL RELIGIOUS FREEDOM

SUBCHAPTER II - COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

-HEAD-

Sec. 6431. Establishment and composition

-STATUTE-

(a) In general

There is established the United States Commission on

International Religious Freedom.

(b) Membership

(1) Appointment

The Commission shall be composed of -

(A) the Ambassador at Large, who shall serve ex officio as a

nonvoting member of the Commission; and

(B) Nine (!1) other members, who shall be United States

citizens who are not being paid as officers or employees of the

United States, and who shall be appointed as follows:

(i) Three members of the Commission shall be appointed by

the President.

(ii) Three members of the Commission shall be appointed by

the President pro tempore of the Senate, of which two of the

members shall be appointed upon the recommendation of the

leader in the Senate of the political party that is not the

political party of the President, and of which one of the

members shall be appointed upon the recommendation of the

leader in the Senate of the other political party.

(iii) Three members of the Commission shall be appointed by

the Speaker of the House of Representatives, of which two of

the members shall be appointed upon the recommendation of the

leader in the House of the political party that is not the

political party of the President, and of which one of the

members shall be appointed upon the recommendation of the

leader in the House of the other political party.

(2) Selection

(A) In general

Members of the Commission shall be selected among

distinguished individuals noted for their knowledge and

experience in fields relevant to the issue of international

religious freedom, including foreign affairs, direct experience

abroad, human rights, and international law.

(B) Security clearances

Each member of the Commission shall be required to obtain a

security clearance.

(3) Time of appointment

The appointments required by paragraph (1) shall be made not

later than 120 days after October 27, 1998.

(c) Terms

(1) In general

The term of office of each member of the Commission shall be 2

years. The term of each member of the Commission appointed to the

first two-year term of the Commission shall be considered to have

begun on May 15, 1999, and shall end on May 14, 2001, regardless

of the date of appointment to the Commission. The term of each

member of the Commission appointed to the second two-year term of

the Commission shall begin on May 15, 2001, and shall end on May

14, 2003, regardless of the date of appointment to the

Commission. In the case in which a vacancy in the membership of

the Commission is filled during a two-year term of the

Commission, such membership on the Commission shall terminate at

the end of that two-year term of the Commission. Members of the

Commission shall be eligible for reappointment to a second term.

(2) Establishment of staggered terms

(A) In general

Notwithstanding paragraph (1), members of the Commission

appointed to serve on the Commission during the period May 15,

2003, through May 14, 2005, shall be appointed to terms in

accordance with the provisions of this paragraph.

(B) Presidential appointments

Of the three members of the Commission appointed by the

President under subsection (b)(1)(B)(i) of this section, two

shall be appointed to a 1-year term and one shall be appointed

to a 2-year term.

(C) Appointments by the President pro tempore of the Senate

Of the three members of the Commission appointed by the

President pro tempore of the Senate under subsection

(b)(1)(B)(ii) of this section, one of the appointments made

upon the recommendation of the leader in the Senate of the

political party that is not the political party of the

President shall be appointed to a 1-year term, and the other

two appointments under such clause shall be 2-year terms.

(D) Appointments by the Speaker of the House of Representatives

Of the three members of the Commission appointed by the

Speaker of the House of Representatives under subsection

(b)(1)(B)(iii) of this section, one of the appointments made

upon the recommendation of the leader in the House of the

political party that is not the political party of the

President shall be to a 1-year term, and the other two

appointments under such clause shall be 2-year terms.

(E) Appointments to 1-year terms

The term of each member of the Commission appointed to a

1-year term shall be considered to have begun on May 15, 2003,

and shall end on May 14, 2004, regardless of the date of the

appointment to the Commission. Each vacancy which occurs upon

the expiration of the term of a member appointed to a 1-year

term shall be filled by the appointment of a successor to a

2-year term.

(F) Appointments to 2-year terms

Each appointment of a member to a two-year term shall

identify the member succeeded thereby, and each such term shall

end on May 14 of the year that is at least two years after the

expiration of the previous term, regardless of the date of the

appointment to the Commission.

(d) Election of Chair

At the first meeting of the Commission after May 30 of each year,

a majority of the members of the Commission present and voting

shall elect the Chair of the Commission.

(e) Quorum

Six voting members of the Commission shall constitute a quorum

for purposes of transacting business.

(f) Meetings

Each year, within 15 days, or as soon as practicable, after the

issuance of the Country Report on Human Rights Practices, the

Commission shall convene. The Commission shall otherwise meet at

the call of the Chair or, if no Chair has been elected for that

calendar year, at the call of six voting members of the Commission.

(g) Vacancies

Any vacancy of the Commission shall not affect its powers, but

shall be filled in the manner in which the original appointment was

made. A member may serve after the expiration of that member's term

until a successor has taken office. Any member appointed to fill a

vacancy occurring before the expiration of the term for which the

member's predecessor was appointed shall be appointed only for the

remainder of that term.

(h) Administrative support

The Administrator of General Services shall provide to the

Commission on a reimbursable basis (or, in the discretion of the

Administrator, on a nonreimbursable basis) such administrative

support services as the Commission may request to carry out the

provisions of this subchapter.

(i) Funding

Members of the Commission shall be allowed travel expenses,

including per diem in lieu of subsistence at rates authorized for

employees of agencies under subchapter I of chapter 57 of title 5

while away from their homes or regular places of business in the

performance of services for the Commission.

-SOURCE-

(Pub. L. 105-292, title II, Sec. 201, Oct. 27, 1998, 112 Stat.

2797; Pub. L. 106-55, Secs. 1(a), 2(b), Aug. 17, 1999, 113 Stat.

401, 406; Pub. L. 107-228, div. A, title VI, Sec. 681(b)-(d), Sept.

30, 2002, 116 Stat. 1408, 1409.)

-MISC1-

AMENDMENTS

2002 - Subsec. (c)(2). Pub. L. 107-228, Sec. 681(b), added par.

(2).

Subsec. (d). Pub. L. 107-228, Sec. 681(c), substituted "after May

30 of each" for "in each calendar".

Subsec. (g). Pub. L. 107-228, Sec. 681(d), inserted at end "A

member may serve after the expiration of that member's term until a

successor has taken office. Any member appointed to fill a vacancy

occurring before the expiration of the term for which the member's

predecessor was appointed shall be appointed only for the remainder

of that term."

1999 - Pub. L. 106-55, Sec. 1(a)(2), which directed amendment of

section by inserting after first sentence "The term of each member

of the Commission appointed to the first two-year term of the

Commission shall be considered to have begun on May 15, 1999, and

shall end on May 14, 2001, regardless of the date of appointment to

the Commission. The term of each member of the Commission appointed

to the second two-year term of the Commission shall begin on May

15, 2001, and shall end on May 14, 2003, regardless of the date of

appointment to the Commission. In the case in which a vacancy in

the membership of the Commission is filled during a two-year term

of the Commission, such membership on the Commission shall

terminate at the end of that two-year term of the Commission.", was

executed by making the insertion after the first sentence of

subsec. (c)(1) to reflect the probable intent of Congress.

Subsec. (b)(1)(B)(iii). Pub. L. 106-55, Sec. 2(b), substituted

"Three" for "three".

Subsec. (c). Pub. L. 106-55, Sec. 1(a)(1), designated existing

provisions as par. (1) and inserted par. heading.

Subsec. (h). Pub. L. 106-55, Sec. 1(a)(3), amended heading and

text of subsec. (h) generally. Prior to amendment, text read as

follows: "The Secretary of State shall assist the Commission by

providing to the Commission such staff and administrative services

of the Office as may be necessary and appropriate for the

Commission to perform its functions. Any employee of the executive

branch of Government may be detailed to the Commission without

reimbursement to the agency of that employee and such detail shall

be without interruption or loss of civil service status or

privilege."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6402 of this title.

-FOOTNOTE-

(!1) So in original. Probably should not be capitalized.

-End-

-CITE-

22 USC Sec. 6432 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 73 - INTERNATIONAL RELIGIOUS FREEDOM

SUBCHAPTER II - COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

-HEAD-

Sec. 6432. Duties of Commission

-STATUTE-

(a) In general

The Commission shall have as its primary responsibility -

(1) the annual and ongoing review of the facts and

circumstances of violations of religious freedom presented in the

Country Reports on Human Rights Practices, the Annual Report, and

the Executive Summary, as well as information from other sources

as appropriate; and

(2) the making of policy recommendations to the President, the

Secretary of State, and Congress with respect to matters

involving international religious freedom.

(b) Policy review and recommendations in response to violations

The Commission, in evaluating United States Government policies

in response to violations of religious freedom, shall consider and

recommend options for policies of the United States Government with

respect to each foreign country the government of which has engaged

in or tolerated violations of religious freedom, including

particularly severe violations of religious freedom, including

diplomatic inquiries, diplomatic protest, official public protest

demarche of protest, condemnation within multilateral fora, delay

or cancellation of cultural or scientific exchanges, delay or

cancellation of working, official, or state visits, reduction of

certain assistance funds, termination of certain assistance funds,

imposition of targeted trade sanctions, imposition of broad trade

sanctions, and withdrawal of the chief of mission.

(c) Policy review and recommendations in response to progress

The Commission, in evaluating the United States Government

policies with respect to countries found to be taking deliberate

steps and making significant improvement in respect for the right

of religious freedom, shall consider and recommend policy options,

including private commendation, diplomatic commendation, official

public commendation, commendation within multilateral fora, an

increase in cultural or scientific exchanges, or both, termination

or reduction of existing Presidential actions, an increase in

certain assistance funds, and invitations for working, official, or

state visits.

(d) Effects on religious communities and individuals

Together with specific policy recommendations provided under

subsections (b) and (c) of this section, the Commission shall also

indicate its evaluation of the potential effects of such policies,

if implemented, on the religious communities and individuals whose

rights are found to be violated in the country in question.

(e) Monitoring

The Commission shall, on an ongoing basis, monitor facts and

circumstances of violations of religious freedom, in consultation

with independent human rights groups and nongovernmental

organizations, including churches and other religious communities,

and make such recommendations as may be necessary to the

appropriate officials and offices in the United States Government.

-SOURCE-

(Pub. L. 105-292, title II, Sec. 202, Oct. 27, 1998, 112 Stat.

2798; Pub. L. 106-55, Sec. 1(b)(1), Aug. 17, 1999, 113 Stat. 401.)

-MISC1-

AMENDMENTS

1999 - Subsec. (f). Pub. L. 106-55 struck out heading and text of

subsec. (f). Text read as follows: "The Commission may, for the

purpose of carrying out its duties under this subchapter, hold

hearings, sit and act at times and places in the United States,

take testimony, and receive evidence as the Commission considers

advisable to carry out the purposes of this chapter."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6433, 6435a of this

title.

-End-

-CITE-

22 USC Sec. 6432a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 73 - INTERNATIONAL RELIGIOUS FREEDOM

SUBCHAPTER II - COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

-HEAD-

Sec. 6432a. Powers of the Commission

-STATUTE-

(a) Hearings and sessions

The Commission may, for the purpose of carrying out its duties

under this subchapter, hold hearings, sit and act at times and

places in the United States, take testimony and receive evidence as

the Commission considers advisable to carry out the purposes of

this chapter.

(b) Information from Federal agencies

The Commission may secure directly from any Federal department or

agency such information as the Commission considers necessary to

carry out the provisions of this section. Upon request of the

Chairperson of the Commission, the head of such department or

agency shall furnish such information to the Commission, subject to

applicable law.

(c) Postal services

The Commission may use the United States mails in the same manner

and under the same conditions as other departments and agencies of

the Federal Government.

(d) Administrative procedures

The Commission may adopt such rules and regulations, relating to

administrative procedure, as may be reasonably necessary to enable

it to carry out the provisions of this subchapter.

(e) Views of the Commission

The Members of the Commission may speak in their capacity as

private citizens. Statements on behalf of the Commission shall be

issued in writing over the names of the Members. The Commission

shall in its written statements clearly describe its statutory

authority, distinguishing that authority from that of appointed or

elected officials of the United States Government. Oral statements,

where practicable, shall include a similar description.

(f) Travel

The Members of the Commission may, with the approval of the

Commission, conduct such travel as is necessary to carry out the

purpose of this subchapter. Each trip must be approved by a

majority of the Commission. This provision shall not apply to the

Ambassador-at-Large, whose travel shall not require approval by the

Commission.

-SOURCE-

(Pub. L. 105-292, title II, Sec. 203, as added Pub. L. 106-55, Sec.

1(b)(3), Aug. 17, 1999, 113 Stat. 401.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), 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.

-MISC1-

PRIOR PROVISIONS

A prior section 203 of Pub. L. 105-292 was renumbered section 205

and is classified to section 6433 of this title.

-End-

-CITE-

22 USC Sec. 6432b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 73 - INTERNATIONAL RELIGIOUS FREEDOM

SUBCHAPTER II - COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

-HEAD-

Sec. 6432b. Commission personnel matters

-STATUTE-

(a) In general

The Commission may, without regard to the civil service laws and

regulations, appoint and terminate an Executive Director and such

other additional personnel as may be necessary to enable the

Commission to perform its duties. The decision to employ or

terminate an Executive Director shall be made by an affirmative

vote of at least six of the nine members of the Commission.

(b) Compensation

The Commission may fix the compensation of the Executive Director

and other personnel without regard to the provisions of chapter 51

and subchapter III of chapter 53 of title 5 relating to

classification of positions and General Schedule pay rates, except

that the rate of pay for the Executive Director and other personnel

may not exceed the rate payable for level V of the Executive

Schedule under section 5316 of such title.

(c) Professional staff

The Commission and the Executive Director shall hire Commission

staff on the basis of professional and nonpartisan qualifications.

Commissioners may not individually hire staff of the Commission.

Staff shall serve the Commission as a whole and may not be assigned

to the particular service of a single Commissioner or a specified

group of Commissioners. This subsection does not prohibit staff

personnel from assisting individual members of the Commission with

particular needs related to their duties.

(d) Staff and services of other Federal agencies

(1) Department of State

The Secretary of State shall assist the Commission by providing

on a reimbursable or nonreimbursable basis to the Commission such

staff and administrative services as may be necessary and

appropriate to perform its functions.

(2) Other Federal agencies

Upon the request of the Commission, the head of any Federal

department or agency may detail, on a reimbursable or

nonreimbursable basis, any of the personnel of that department or

agency to the Commission to assist it in carrying out its

functions under this subchapter. The detail of any such personnel

shall be without interruption or loss of civil service or Foreign

Service status or privilege.

(e) Security clearances

The Executive Director shall be required to obtain a security

clearance. The Executive Director may request, on a needs-only

basis and in order to perform the duties of the Commission, that

other personnel of the Commission be required to obtain a security

clearance. The level of clearance shall be the lowest necessary to

appropriately perform the duties of the Commission.

(f) Cost

The Commission shall reimburse all appropriate Government

agencies for the cost of obtaining clearances for members of the

commission,(!1) for the executive (!1) director,(!1) and for any

other personnel.

-SOURCE-

(Pub. L. 105-292, title II, Sec. 204, as added Pub. L. 106-55, Sec.

1(b)(3), Aug. 17, 1999, 113 Stat. 402.)

-REFTEXT-

REFERENCES IN TEXT

The civil service laws, referred to in subsec. (a), are set forth

in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

-MISC1-

PRIOR PROVISIONS

A prior section 204 of Pub. L. 105-292 was renumbered section 206

and is classified to section 6434 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

-End-

-CITE-

22 USC Sec. 6433 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 73 - INTERNATIONAL RELIGIOUS FREEDOM

SUBCHAPTER II - COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

-HEAD-

Sec. 6433. Report of Commission

-STATUTE-

(a) In general

Not later than May 1 of each year, the Commission shall submit a

report to the President, the Secretary of State, and Congress

setting forth its recommendations for United States policy options

based on its evaluations under section 6432 of this title.

(b) Classified form of report

The report may be submitted in classified form, together with a

public summary of recommendations, if the classification of

information would further the purposes of this chapter.

(c) Individual or dissenting views

Each member of the Commission may include the individual or

dissenting views of the member.

-SOURCE-

(Pub. L. 105-292, title II, Sec. 205, formerly Sec. 203, Oct. 27,

1998, 112 Stat. 2799; renumbered Sec. 205, Pub. L. 106-55, Sec.

1(b)(2), Aug. 17, 1999, 113 Stat. 401.)

-MISC1-

PRIOR PROVISIONS

A prior section 205 of Pub. L. 105-292 was renumbered section 207

and is classified to section 6435 of this title.

-End-

-CITE-

22 USC Sec. 6434 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 73 - INTERNATIONAL RELIGIOUS FREEDOM

SUBCHAPTER II - COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

-HEAD-

Sec. 6434. Applicability of other laws

-STATUTE-

The Federal Advisory Committee Act (5 U.S.C. App.) shall not

apply to the Commission.

-SOURCE-

(Pub. L. 105-292, title II, Sec. 206, formerly Sec. 204, Oct. 27,

1998, 112 Stat. 2799; renumbered Sec. 206, Pub. L. 106-55, Sec.

1(b)(2), Aug. 17, 1999, 113 Stat. 401.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in text, is Pub.

L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out

in the Appendix to Title 5, Government Organization and Employees.

-MISC1-

PRIOR PROVISIONS

A prior section 206 of Pub. L. 105-292 was renumbered section 209

and is classified to section 6436 of this title.

-End-

-CITE-

22 USC Sec. 6435 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 73 - INTERNATIONAL RELIGIOUS FREEDOM

SUBCHAPTER II - COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

-HEAD-

Sec. 6435. Authorization of appropriations

-STATUTE-

(a) In general

There are authorized to be appropriated to the Commission

$3,000,000 for the fiscal year 2003 to carry out the provisions of

this subchapter.

(b) Availability of funds

Amounts authorized to be appropriated under subparagraph (a) of

this section are authorized to remain available until expended but

not later than the date of termination of the Commission.

-SOURCE-

(Pub. L. 105-292, title II, Sec. 207, formerly Sec. 205, Oct. 27,

1998, 112 Stat. 2800; renumbered Sec. 207 and amended Pub. L.

106-55, Sec. 1(b)(2), (4), Aug. 17, 1999, 113 Stat. 401, 403; Pub.

L. 107-228, div. A, title VI, Sec. 681(e), Sept. 30, 2002, 116

Stat. 1409.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-228 inserted "for the fiscal year

2003" after "$3,000,000".

1999 - Subsec. (a). Pub. L. 106-55, Sec. 1(b)(4), substituted "to

carry out the provisions of this subchapter" for "for each of the

fiscal years 1999 and 2000 to carry out the provisions of this

subchapter."

-End-

-CITE-

22 USC Sec. 6435a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 73 - INTERNATIONAL RELIGIOUS FREEDOM

SUBCHAPTER II - COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

-HEAD-

Sec. 6435a. Standards of conduct and disclosure

-STATUTE-

(a) Cooperation with nongovernmental organizations, the Department

of State, and Congress

The Commission shall seek to effectively and freely cooperate

with all entities engaged in the promotion of religious freedom

abroad, governmental and nongovernmental, in the performance of the

Commission's duties under this subchapter.

(b) Conflict of interest and antinepotism

(1) Member affiliations

Except as provided in paragraph (3), in order to ensure the

independence and integrity of the Commission, the Commission may

not compensate any nongovernmental agency, project, or person

related to or affiliated with any member of the Commission,

whether in that member's direct employ or not. Staff employed by

the Commission may not serve in the employ of any nongovernmental

agency, project, or person related to or affiliated with any

member of the Commission while employed by the Commission.

(2) Staff compensation

Staff of the Commission may not receive compensation from any

other source for work performed in carrying out the duties of the

Commission while employed by the Commission.

(3) Exception

(A) In general

Subject to subparagraph (B), paragraph (1) shall not apply to

payments made for items such as conference fees or the purchase

of periodicals or other similar expenses, if such payments

would not cause the aggregate value paid to any agency,

project, or person for a fiscal year to exceed $250.

(B) Limitation

Notwithstanding subparagraph (A), the Commission shall not

give special preference to any agency, project, or person

related to or affiliated with any member of the Commission.

(4) Definitions

In this subsection, the term "affiliated" means the

relationship between a member of the Commission and -

(A) an individual who holds the position of officer, trustee,

partner, director, or employee of an agency, project, or person

of which that member, or relative of that member of,(!1) the

Commission is an officer, trustee, partner, director, or

employee; or

(B) a nongovernmental agency or project of which that member,

or a relative of that member, of the Commission is an officer,

trustee, partner, director, or employee.

(c) Contract authority

(1) In general

Subject to the availability of appropriations, the Commission

may contract with and compensate Government agencies or persons

for the conduct of activities necessary to the discharge of its

functions under this subchapter. Any such person shall be hired

without interruption or loss of civil service or Foreign Service

status or privilege. 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 services.

(2) Expert study

In the case of a study requested under section 6474 of this

title, the Commission may, subject to the availability of

appropriations, contract with experts and shall provide the funds

for such a study. The Commission shall not be required to provide

the funds for that part of the study conducted by the Comptroller

General of the United States.

(d) Gifts

(1) In general

In order to preserve its independence, the Commission may not

accept, use, or dispose of gifts or donations of services or

property. An individual Commissioner or employee of the

Commission may not, in his or her capacity as a Commissioner or

employee, knowingly accept, use or dispose of gifts or donations

of services or property, unless he or she in good faith believes

such gifts or donations to have a value of less than $50 and a

cumulative value during a calendar year of less than $100.

(2) Exceptions

This subsection shall not apply to the following:

(A) Gifts provided on the basis of a personal friendship with

a Commissioner or employee, unless the Commissioner or employee

has reason to believe that the gift was provided because of the

Commissioner's position and not because of the personal

friendship.

(B) Gifts provided on the basis of a family relationship.

(C) The acceptance of training, invitations to attend or

participate in conferences or such other events as are related

to the conduct of the duties of the Commission, or food or

refreshment associated with such activities.

(D) Items of nominal value or gifts of estimated value of $10

or less.

(E) De minimis gifts provided by a foreign leader or state,

not exceeding a value of $260. Gifts believed by Commissioners

to be in excess of $260, but which would create offense or

embarrassment to the United States Government if refused, shall

be accepted and turned over to the United States Government in

accordance with the Foreign Gifts and Decorations Act of 1966

and the rules and regulations governing such gifts provided to

Members of Congress.

(F) Informational materials such as documents, books,

videotapes, periodicals, or other forms of communications.

(G) Goods or services provided by any agency or component of

the Government of the United States, including any commission

established under the authority of such Government.

(e) Annual financial report

In addition to providing the reports required under section 6432

of this title, the Commission shall provide, each year no later

than January 1, to the Committees on International Relations and

Appropriations of the House of Representatives, and to the

Committees on Foreign Relations and Appropriations of the Senate, a

financial report detailing and identifying its expenditures for the

preceding fiscal year.

-SOURCE-

(Pub. L. 105-292, title II, Sec. 208, as added Pub. L. 106-55, Sec.

1(b)(5), Aug. 17, 1999, 113 Stat. 403; amended Pub. L. 107-228,

div. A, title VI, Sec. 681(f), Sept. 30, 2002, 116 Stat. 1409.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Gifts and Decorations Act of 1966, referred to in

subsec. (d)(2)(E), is Pub. L. 89-673, Oct. 15, 1966, 80 Stat. 952,

as amended, which was classified principally to chapter 37 (Sec.

2621 et seq.) of this title. The Act was substantially 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 restated in section 7342 of Title 5, Government

Organization and Employees, by Pub. L. 90-83, Sec. 10(b), Sept. 11,

1967, 91 Stat. 224. For complete classification of this Act to the

Code, see Tables.

-MISC1-

AMENDMENTS

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 services." for "The Commission may not procure

temporary and intermittent services under section 3109(b) of title

5 or under other contracting authority other than that allowed

under this subchapter."

-FOOTNOTE-

(!1) So in original. The comma probably should follow "member".

-End-

-CITE-

22 USC Sec. 6436 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 73 - INTERNATIONAL RELIGIOUS FREEDOM

SUBCHAPTER II - COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

-HEAD-

Sec. 6436. Termination

-STATUTE-

The Commission shall terminate on September 30, 2011.

-SOURCE-

(Pub. L. 105-292, title II, Sec. 209, formerly Sec. 206, Oct. 27,

1998, 112 Stat. 2800; renumbered Sec. 209 and amended Pub. L.

106-55, Sec. 1(b)(2), (c), Aug. 17, 1999, 113 Stat. 401, 405; Pub.

L. 107-228, div. A, title VI, Sec. 681(g), Sept. 30, 2002, 116

Stat. 1409.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-228 substituted "September 30, 2011" for "May

14, 2003".

1999 - Pub. L. 106-55, Sec. 1(c), which directed substitution of

"on May 14, 2003" for "4 years after the initial appointment 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.

-End-

-CITE-

22 USC SUBCHAPTER III - PRESIDENTIAL ACTIONS 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 73 - INTERNATIONAL RELIGIOUS FREEDOM

SUBCHAPTER III - PRESIDENTIAL ACTIONS

-HEAD-

SUBCHAPTER III - PRESIDENTIAL ACTIONS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 6412 of this title.

-End-

-CITE-

22 USC Part A - Targeted Responses to Violations of

Religious Freedom Abroad 01/06/03

-EXPCITE-

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

-HEAD-

PART A - TARGETED RESPONSES TO VIOLATIONS OF RELIGIOUS FREEDOM

ABROAD

-End-

-CITE-

22 USC Sec. 6441 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 6441. Presidential actions in response to violations of

religious freedom

-STATUTE-

(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 freedom 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 actions described in subsection (b) of

this section.

(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) of this section.

(2) Basis of actions

Each action taken under paragraph (1)(B) shall be based upon

information regarding violations 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 available, 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 President, in

consultation with the Secretary of State, the Ambassador at

Large, the Special Adviser, and the Commission, shall, as

expeditiously as practicable in response to the violations

described in subsection (a) of this section by the government of

a foreign country -

(A) take one or more of the actions described in paragraphs

(1) through (15) of section 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 paragraphs (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 paragraph (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 exceed 90 days, is necessary pursuant to

the same provisions applying to countries of particular concern

for religious freedom under section 6442(c)(3) of this title.

(c) Implementation

(1) In general

In carrying out subsection (b) of this section, the President

shall -

(A) take the action or actions that most appropriately

respond to the nature and severity 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

instrumentality of the foreign government, or specific

officials thereof, that are responsible for such violations;

and

(C) when appropriate, make every reasonable 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 paragraph (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 substitution thereto), shall

seek to minimize any adverse 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 organizations in such country.

-SOURCE-

(Pub. L. 105-292, title IV, Sec. 401, Oct. 27, 1998, 112 Stat.

2800.)

-EXEC-

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

Freedom 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6412, 6443, 6444, 6445 of

this title.

-End-

-CITE-

22 USC Sec. 6442 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 6442. Presidential actions in response to particularly severe

violations of religious freedom

-STATUTE-

(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.

-SOURCE-

(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.)

-REFTEXT-

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.

-MISC1-

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".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6412, 6441, 6443, 6444,

6445, 6448 of this title.

-End-

-CITE-

22 USC Sec. 6443 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 6443. Consultations

-STATUTE-

(a) In general

As soon as practicable after the President decides to take action

under section 6441 of this title in response to violations of

religious freedom and the President decides to take action under

paragraphs (9) through (15) of section 6445(a) of this title (or

commensurate action in substitution thereto) with respect to that

country, or not later than 90 days after the President designates a

country as a country of particular concern for religious freedom

under section 6442 of this title, as the case may be, the President

shall carry out the consultations required in this section.

(b) Duty to consult with foreign governments prior to taking

Presidential actions

(1) In general

The President shall -

(A) request consultation with the government of such country

regarding the violations giving rise to designation of that

country as a country of particular concern for religious

freedom or to Presidential action under section 6441 of this

title; and

(B) if agreed to, enter into such consultations, privately or

publicly.

(2) Use of multilateral fora

If the President determines it to be appropriate, such

consultations may be sought and may occur in a multilateral

forum, but, in any event, the President shall consult with

appropriate foreign governments for the purposes of achieving a

coordinated international policy on actions that may be taken

with respect to a country described in subsection (a) of this

section, prior to implementing any such action.

(3) Election of nondisclosure of negotiations to public

If negotiations are undertaken or an agreement is concluded

with a foreign government regarding steps to cease the pattern of

violations by that government, and if public disclosure of such

negotiations or agreement would jeopardize the negotiations or

the implementation of such agreement, as the case may be, the

President may refrain from disclosing such negotiations and such

agreement to the public, except that the President shall inform

the appropriate congressional committees of the nature and extent

of such negotiations and any agreement reached.

(c) Duty to consult with humanitarian organizations

The President should consult with appropriate humanitarian and

religious organizations concerning the potential impact of United

States policies to promote freedom of religion in countries

described in subsection (a) of this section.

(d) Duty to consult with United States interested parties

The President shall, as appropriate, consult with United States

interested parties as to the potential impact of intended

Presidential action or actions in countries described in subsection

(a) of this section on economic or other interests of the United

States.

-SOURCE-

(Pub. L. 105-292, title IV, Sec. 403, Oct. 27, 1998, 112 Stat.

2804.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6441, 6442, 6444 of this

title.

-End-

-CITE-

22 USC Sec. 6444 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 6444. Report to Congress

-STATUTE-

(a) In general

Subject to subsection (b) of this section, not later than 90 days

after the President decides to take action under section 6441 of

this title in response to violations of religious freedom and the

President decides to take action under paragraphs (9) through (15)

of section 6445(a) of this title (or commensurate action in

substitution thereto) with respect to that country, or not later

than 90 days after the President designates a country as a country

of particular concern for religious freedom under section 6442 of

this title, as the case may be, the President shall submit a report

to Congress containing the following:

(1) Identification of Presidential actions

An identification of the Presidential action or actions

described in paragraphs (9) through (15) of section 6445(a) of

this title (or commensurate action in substitution thereto) to be

taken with respect to the foreign country.

(2) Description of violations

A description of the violations giving rise to the Presidential

action or actions to be taken.

(3) Purpose of Presidential actions

A description of the purpose of the Presidential action or

actions.

(4) Evaluation

(A) Description

An evaluation, in consultation with the Secretary of State,

the Ambassador at Large, the Commission, the Special Adviser,

the parties described in section 6443(c) and (d) of this title,

and whoever else the President deems appropriate, of -

(i) the impact upon the foreign government;

(ii) the impact upon the population of the country; and

(iii) the impact upon the United States economy and other

interested parties.

(B) Authority to withhold disclosure

The President may withhold part or all of such evaluation

from the public but shall provide the entire evaluation to

Congress.

(5) Statement of policy options

A statement that noneconomic policy options designed to bring

about cessation of the particularly severe violations of

religious freedom have reasonably been exhausted, including the

consultations required in section 6443 of this title.

(6) Description of multilateral negotiations

A description of multilateral negotiations sought or carried

out, if appropriate and applicable.

(b) Delay in transmittal of report

If, on or before the date that the President is required (but for

this subsection) to submit a report under subsection (a) of this

section to Congress, the President determines and certifies to

Congress that a single, additional period of time not to exceed 90

days is necessary pursuant to section 6441(b)(3) or 6442(c)(3) of

this title, then the President shall not be required to submit the

report to Congress until the expiration of that period of time.

-SOURCE-

(Pub. L. 105-292, title IV, Sec. 404, Oct. 27, 1998, 112 Stat.

2805.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6441, 6442, 6448 of this

title.

-End-

-CITE-

22 USC Sec. 6445 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 6445. Description of Presidential actions

-STATUTE-

(a) Description of Presidential actions

Except as provided in subsection (d) of this section, the

Presidential actions referred to in this subsection are the

following:

(1) A private demarche.

(2) An official public demarche.

(3) A public condemnation.

(4) A public condemnation within one or more multilateral fora.

(5) The delay or cancellation of one or more scientific

exchanges.

(6) The delay or cancellation of one or more cultural

exchanges.

(7) The denial of one or more working, official, or state

visits.

(8) The delay or cancellation of one or more working, official,

or state visits.

(9) The withdrawal, limitation, or suspension of United States

development assistance in accordance with section 2151n of this

title.

(10) Directing the Export-Import Bank of the United States, the

Overseas Private Investment Corporation, or the Trade and

Development Agency not to approve the issuance of any (or a

specified number of) guarantees, insurance, extensions of credit,

or participations in the extension of credit with respect to the

specific government, agency, instrumentality, or official found

or determined by the President to be responsible for violations

under section 6441 or 6442 of this title.

(11) The withdrawal, limitation, or suspension of United States

security assistance in accordance with section 2304 of this

title.

(12) Consistent with section 262d of this title, directing the

United States executive directors of international financial

institutions to oppose and vote against loans primarily

benefiting the specific foreign government, agency,

instrumentality, or official found or determined by the President

to be responsible for violations under section 6441 or 6442 of

this title.

(13) Ordering the heads of the appropriate United States

agencies not to issue any (or a specified number of) specific

licenses, and not to grant any other specific authority (or a

specified number of authorities), to export any goods or

technology to the specific foreign government, agency,

instrumentality, or official found or determined by the President

to be responsible for violations under section 6441 or 6442 of

this title, under -

(A) the Export Administration Act of 1979 [50 App. U.S.C.

2401 et seq.];

(B) the Arms Export Control Act [22 U.S.C. 2751 et seq.];

(C) the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.];

or

(D) any other statute that requires the prior review and

approval of the United States Government as a condition for the

export or reexport of goods or services.

(14) Prohibiting any United States financial institution from

making loans or providing credits totaling more than $10,000,000

in any 12-month period to the specific foreign government,

agency, instrumentality, or official found or determined by the

President to be responsible for violations under section 6441 or

6442 of this title.

(15) Prohibiting the United States Government from procuring,

or entering into any contract for the procurement of, any goods

or services from the foreign government, entities, or officials

found or determined by the President to be responsible for

violations under section 6441 or 6442 of this title.

(b) Commensurate action

Except as provided in subsection (d) of this section, the

President may substitute any other action authorized by law for any

action described in paragraphs (1) through (15) of subsection (a)

of this section if such action is commensurate in effect to the

action substituted and if the action would further the policy of

the United States set forth in section 6401(b) of this title. The

President shall seek to take all appropriate and feasible actions

authorized by law to obtain the cessation of the violations. If

commensurate action is taken, the President shall report such

action, together with an explanation for taking such action, to the

appropriate congressional committees.

(c) Binding agreements

The President may negotiate and enter into a binding agreement

with a foreign government that obligates such government to cease,

or take substantial steps to address and phase out, the act,

policy, or practice constituting the violation of religious

freedom. The entry into force of a binding agreement for the

cessation of the violations shall be a primary objective for the

President in responding to a foreign government that has engaged in

or tolerated particularly severe violations of religious freedom.

(d) Exceptions

Any action taken pursuant to subsection (a) or (b) of this

section may not prohibit or restrict the provision of medicine,

medical equipment or supplies, food, or other humanitarian

assistance.

-SOURCE-

(Pub. L. 105-292, title IV, Sec. 405, Oct. 27, 1998, 112 Stat.

2806.)

-REFTEXT-

REFERENCES IN TEXT

The Export Administration Act of 1979, referred to in subsec.

(a)(13)(A), is Pub. L. 96-72, Sept. 29, 1979, 93 Stat. 503, as

amended, which is classified principally to section 2401 et seq. of

the Appendix to Title 50, War and National Defense. For complete

classification of this Act to the Code, see Short Title note set

out under section 2401 of the Appendix to Title 50 and Tables.

The Arms Export Control Act, referred to in subsec. (a)(13)(B),

is Pub. L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which

is classified principally to chapter 39 (Sec. 2751 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 2751 of this title and

Tables.

The Atomic Energy Act of 1954, referred to in subsec. (a)(13)(C),

is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch.

1073, Sec. 1, 68 Stat. 921, and amended, which is classified

generally to chapter 23 (Sec. 2011 et seq.) of Title 42, The Public

Health and Welfare. For complete classification of this Act to the

Code, see Short Title note set out under section 2011 of Title 42

and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6402, 6441, 6442, 6443,

6444, 6447, 6448 of this title.

-End-

-CITE-

22 USC Sec. 6446 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 6446. Effects on existing contracts

-STATUTE-

The President shall not be required to apply or maintain any

Presidential action under this part -

(1) in the case of procurement of defense articles or defense

services -

(A) under existing contracts or subcontracts, including the

exercise of options for production quantities, to satisfy

requirements essential to the national security of the United

States;

(B) if the President determines in writing and so reports to

Congress that the person or other entity to which the

Presidential action would otherwise be applied is a sole source

supplier of the defense articles or services, that the defense

articles or services are essential, and that alternative

sources are not readily or reasonably available; or

(C) if the President determines in writing and so reports to

Congress that such articles or services are essential to the

national security under defense coproduction agreements; or

(2) to products or services provided under contracts entered

into before the date on which the President publishes his

intention to take the Presidential action.

-SOURCE-

(Pub. L. 105-292, title IV, Sec. 406, Oct. 27, 1998, 112 Stat.

2808.)

-End-

-CITE-

22 USC Sec. 6447 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 6447. Presidential waiver

-STATUTE-

(a) In general

Subject to subsection (b) of this section, the President may

waive 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 respective foreign government has ceased the violations

giving rise to the Presidential action;

(2) the exercise of such waiver authority would further the

purposes of this chapter; or

(3) the important national interest of the United States

requires the exercise of such waiver authority.

(b) Congressional notification

Not later than the date of the exercise of a waiver under

subsection (a) of this section, the President shall notify the

appropriate congressional committees of the waiver or the intention

to exercise the waiver, together with a detailed justification

thereof.

-SOURCE-

(Pub. L. 105-292, title IV, Sec. 407, Oct. 27, 1998, 112 Stat.

2808.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6448 of this title.

-End-

-CITE-

22 USC Sec. 6448 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 6448. Publication in Federal Register

-STATUTE-

(a) In general

Subject to subsection (b) of this section, the President shall

cause to be published in the Federal Register the following:

(1) Determinations of governments, officials, and entities of

particular concern

Any designation of a country of particular concern for

religious freedom under section 6442(b)(1) of this title,

together with, when applicable and to the extent practicable, the

identities of the officials or entities determined to be

responsible for the violations under section 6442(b)(2) of this

title.

(2) Presidential actions

A description of any Presidential action under paragraphs (9)

through (15) of section 6445(a) of this title (or commensurate

action in substitution thereto) and the effective date of the

Presidential action.

(3) Delays in transmittal of Presidential action reports

Any delay in transmittal of a Presidential action report, as

described in section 6444(b) of this title.

(4) Waivers

Any waiver under section 6447 of this title.

(b) Limited disclosure of information

The President may limit publication of information under this

section in the same manner and to the same extent as the President

may limit the publication of findings and determinations described

in section 2414(c) of this title, if the President determines that

the publication of information under this section -

(1) would be harmful to the national security of the United

States; or

(2) would not further the purposes of this chapter.

-SOURCE-

(Pub. L. 105-292, title IV, Sec. 408, Oct. 27, 1998, 112 Stat.

2808.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6442 of this title.

-End-

-CITE-

22 USC Sec. 6449 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 6449. Termination of Presidential actions

-STATUTE-

Any Presidential action taken under this chapter with respect to

a foreign country shall terminate on the earlier of the following

dates:

(1) Termination date

Within 2 years of the effective date of the Presidential action

unless expressly reauthorized by law.

(2) Foreign government actions

Upon the determination by the President, in consultation with

the Commission, and certification to Congress that the foreign

government has ceased or taken substantial and verifiable steps

to cease the particularly severe violations of religious freedom.

-SOURCE-

(Pub. L. 105-292, title IV, Sec. 409, Oct. 27, 1998, 112 Stat.

2809.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6442 of this title.

-End-

-CITE-

22 USC Sec. 6450 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 6450. Preclusion of judicial review

-STATUTE-

No court shall have jurisdiction to review any Presidential

determination or agency action under this chapter or any amendment

made by this chapter.

-SOURCE-

(Pub. L. 105-292, title IV, Sec. 410, Oct. 27, 1998, 112 Stat.

2809.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, 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.

-End-

-CITE-

22 USC Part B - Strengthening Existing Law 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 73 - INTERNATIONAL RELIGIOUS FREEDOM

SUBCHAPTER III - PRESIDENTIAL ACTIONS

Part B - Strengthening Existing Law

-HEAD-

PART B - STRENGTHENING EXISTING LAW

-End-

-CITE-

22 USC Sec. 6461 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 73 - INTERNATIONAL RELIGIOUS FREEDOM

SUBCHAPTER III - PRESIDENTIAL ACTIONS

Part B - Strengthening Existing Law

-HEAD-

Sec. 6461. Exports of certain items used in particularly severe

violations of religious freedom

-STATUTE-

(a) Mandatory licensing

Notwithstanding any other provision of law, the Secretary of

Commerce, with the concurrence of the Secretary of State, shall

include on the list of crime control and detection instruments or

equipment controlled for export and reexport under section 2405(n)

of title 50, Appendix, or under any other provision of law, items

being exported or reexported to countries of particular concern for

religious freedom that the Secretary of Commerce, with the

concurrence of the Secretary of State, and in consultation with

appropriate officials including the Assistant Secretary of State

for Democracy, Human Rights and Labor and the Ambassador at Large,

determines are being used or are intended for use directly and in

significant measure to carry out particularly severe violations of

religious freedom.

(b) Licensing ban

The prohibition on the issuance of a license for export of crime

control and detection instruments or equipment under section

2304(a)(2) of this title shall apply to the export and reexport of

any item included pursuant to subsection (a) of this section on the

list of crime control instruments.

-SOURCE-

(Pub. L. 105-292, title IV, Sec. 423, Oct. 27, 1998, 112 Stat.

2810.)

-End-

-CITE-

22 USC SUBCHAPTER IV - REFUGEE, ASYLUM, AND CONSULAR

MATTERS 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 73 - INTERNATIONAL RELIGIOUS FREEDOM

SUBCHAPTER IV - REFUGEE, ASYLUM, AND CONSULAR MATTERS

-HEAD-

SUBCHAPTER IV - REFUGEE, ASYLUM, AND CONSULAR MATTERS

-End-

-CITE-

22 USC Sec. 6471 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 73 - INTERNATIONAL RELIGIOUS FREEDOM

SUBCHAPTER IV - REFUGEE, ASYLUM, AND CONSULAR MATTERS

-HEAD-

Sec. 6471. Use of Annual Report

-STATUTE-

The Annual Report, together with other relevant documentation,

shall serve as a resource for immigration judges and consular,

refugee, and asylum officers in cases involving claims of

persecution on the grounds of religion. Absence of reference by the

Annual Report to conditions described by the alien shall not

constitute the sole grounds for a denial of the alien's claim.

-SOURCE-

(Pub. L. 105-292, title VI, Sec. 601, Oct. 27, 1998, 112 Stat.

2812.)

-TRANS-

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF

FUNCTIONS

For abolition of Immigration and Naturalization Service, transfer

of functions, and treatment of related references, see note set out

under section 1551 of Title 8, Aliens and Nationality.

-End-

-CITE-

22 USC Sec. 6472 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 73 - INTERNATIONAL RELIGIOUS FREEDOM

SUBCHAPTER IV - REFUGEE, ASYLUM, AND CONSULAR MATTERS

-HEAD-

Sec. 6472. Reform of refugee policy

-STATUTE-

(a), (b) Omitted

(c) Guidelines for refugee-processing posts

(1) Guidelines for addressing hostile biases

The Attorney General and the Secretary of State shall develop

and implement guidelines that address potential biases in

personnel of the Immigration and Naturalization Service and of

the Department of State that are hired abroad and involved with

duties which could constitute an effective barrier to a refugee

claim if such personnel carries a bias against the claimant on

the grounds of religion, race, nationality, membership in a

particular social group, or political opinion. The subject matter

of this training should be culturally sensitive and tailored to

provide a nonbiased, nonadversarial atmosphere for the purpose of

refugee adjudications.

(2) Guidelines for refugee-processing posts in establishing

agreements with United States Government-designated refugee

processing entities

The Attorney General and the Secretary of State shall develop

and implement guidelines to ensure uniform procedures for

establishing agreements with United States Government-designated

refugee processing entities and personnel, and uniform procedures

for such entities and personnel responsible for preparing refugee

case files for use by the Immigration and Naturalization Service

during refugee adjudications. These procedures should ensure, to

the extent practicable, that case files prepared by such entities

accurately reflect information provided by the refugee applicants

and that genuine refugee applicants are not disadvantaged or

denied refugee status due to faulty case file preparation.

(3) Guidelines for preventing persons with potential biases from

participating in determinations

Not later than 120 days after November 29, 1999, the Secretary

of State (after consultation with the Attorney General) shall

issue guidelines to ensure that persons with potential biases

against any refugee applicant, including persons employed by, or

otherwise subject to influence by, governments known to be

involved in persecution on account of religion, race,

nationality, membership in a particular social group, or

political opinion, shall not in any way be used in processing

determinations of refugee status, including interpretation of

conversations or examination of documents presented by such

applicants.

(d) Annual consultation

The President shall include in each annual report on proposed

refugee admissions under section 1157(d) of title 8 information

about religious persecution of refugee populations eligible for

consideration for admission to the United States. The Secretary of

State shall include information on religious persecution of refugee

populations in the formal testimony presented to the Committees on

the Judiciary of the House of Representatives and the Senate during

the consultation process under section 1157(e) of title 8.

-SOURCE-

(Pub. L. 105-292, title VI, Sec. 602, Oct. 27, 1998, 112 Stat.

2812; Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title II,

Sec. 253], Nov. 29, 1999, 113 Stat. 1536, 1501A-432.)

-COD-

CODIFICATION

Section is comprised of section 602 of Pub. L. 105-292. Subsec.

(a) of section 602 of Pub. L. 105-292 amended section 1157 of Title

8, Aliens and Nationality. Subsec. (b) of section 602 of Pub. L.

105-292 amended section 4028 of this title.

-MISC1-

AMENDMENTS

1999 - Subsec. (c)(1). Pub. L. 106-113, Sec. 1000(a)(7) [div. A,

title II, Sec. 253(a)], inserted "and of the Department of State"

after "Service".

Subsec. (c)(3). Pub. L. 106-113, Sec. 1000(a)(7) [div. A, title

II, Sec. 253(b)], added par. (3).

-TRANS-

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF

FUNCTIONS

For abolition of Immigration and Naturalization Service, transfer

of functions, and treatment of related references, see note set out

under section 1551 of Title 8, Aliens and Nationality.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6412 of this title.

-End-

-CITE-

22 USC Sec. 6473 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 73 - INTERNATIONAL RELIGIOUS FREEDOM

SUBCHAPTER IV - REFUGEE, ASYLUM, AND CONSULAR MATTERS

-HEAD-

Sec. 6473. Reform of asylum policy

-STATUTE-

(a) Guidelines

The Attorney General and the Secretary of State shall develop

guidelines to ensure that persons with potential biases against

individuals on the grounds of religion, race, nationality,

membership in a particular social group, or political opinion,

including interpreters and personnel of airlines owned by

governments known to be involved in practices which would meet the

definition of persecution under international refugee law, shall

not in any manner be used to interpret conversations between aliens

and inspection or asylum officers.

(b) Training for asylum and immigration officers

The Attorney General, in consultation with the Secretary of

State, the Ambassador at Large, and other relevant officials such

as the Director of the George P. Shultz National Foreign Affairs

Training Center, shall provide training to all officers

adjudicating asylum cases, and to immigration officers performing

duties under section 1225(b) of title 8, on the nature of religious

persecution abroad, including country-specific conditions,

instruction on the internationally recognized right to freedom of

religion, instruction on methods of religious persecution practiced

in foreign countries, and applicable distinctions within a country

in the treatment of various religious practices and believers.

(c) Training for immigration judges

The Executive Office of Immigration Review of the Department of

Justice shall incorporate into its initial and ongoing training of

immigration judges training on the extent and nature of religious

persecution internationally, including country-specific conditions,

and including use of the Annual Report. Such training shall include

governmental and nongovernmental methods of persecution employed,

and differences in the treatment of religious groups by such

persecuting entities.

-SOURCE-

(Pub. L. 105-292, title VI, Sec. 603, Oct. 27, 1998, 112 Stat.

2813; Pub. L. 107-132, Sec. 1(b), Jan. 16, 2002, 115 Stat. 2412.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-132 substituted "George P. Shultz

National Foreign Affairs Training Center" for "National Foreign

Affairs Training Center".

-TRANS-

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF

FUNCTIONS

For abolition of Immigration and Naturalization Service, transfer

of functions, and treatment of related references, see note set out

under section 1551 of Title 8, Aliens and Nationality.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6412 of this title.

-End-

-CITE-

22 USC Sec. 6474 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 73 - INTERNATIONAL RELIGIOUS FREEDOM

SUBCHAPTER IV - REFUGEE, ASYLUM, AND CONSULAR MATTERS

-HEAD-

Sec. 6474. Studies on effect of expedited removal provisions on

asylum claims

-STATUTE-

(a) Studies

(1) Commission request for participation by experts on refugee

and asylum issues

If the Commission so requests, the Attorney General shall

invite experts designated by the Commission, who are recognized

for their expertise and knowledge of refugee and asylum issues,

to conduct a study, in cooperation with the Comptroller General

of the United States, to determine whether immigration officers

described in paragraph (2) are engaging in any of the conduct

described in such paragraph.

(2) Duties of Comptroller General

The Comptroller General of the United States shall conduct a

study alone or, upon request by the Commission, in cooperation

with experts designated by the Commission, to determine whether

immigration officers performing duties under section 1225(b) of

title 8 with respect to aliens who may be eligible to be granted

asylum are engaging in any of the following conduct:

(A) Improperly encouraging such aliens to withdraw their

applications for admission.

(B) Incorrectly failing to refer such aliens for an interview

by an asylum officer for a determination of whether they have a

credible fear of persecution (within the meaning of section

1225(b)(1)(B)(v) of title 8).

(C) Incorrectly removing such aliens to a country where they

may be persecuted.

(D) Detaining such aliens improperly or in inappropriate

conditions.

(b) Reports

(1) Participation by experts

In the case of a Commission request under subsection (a) of

this section, the experts designated by the Commission under that

subsection may submit a report to the committees described in

paragraph (2). Such report may be submitted with the Comptroller

General's report under subsection (a)(2) of this section or

independently.

(2) Duties of Comptroller General

Not later than September 1, 2000, the Comptroller General of

the United States shall submit to the Committees on the Judiciary

of the House of Representatives and the Senate, the Committee on

International Relations of the House of Representatives, and the

Committee on Foreign Relations of the Senate a report containing

the results of the study conducted under subsection (a)(2) of

this section. If the Commission requests designated experts to

participate with the Comptroller General in the preparation and

submission of the report, the Comptroller General shall grant the

request.

(c) Access to proceedings

(1) In general

Except as provided in paragraph (2), to facilitate the studies

and reports, the Attorney General shall permit the Comptroller

General of the United States and, in the case of a Commission

request under subsection (a) of this section, the experts

designated under subsection (a) of this section to have

unrestricted access to all stages of all proceedings conducted

under section 1225(b) of title 8.

(2) Exceptions

Paragraph (1) shall not apply in cases in which the alien

objects to such access, or the Attorney General determines that

the security of a particular proceeding would be threatened by

such access, so long as any restrictions on the access of experts

designated by the Commission under subsection (a) of this section

do not contravene international law.

-SOURCE-

(Pub. L. 105-292, title VI, Sec. 605, Oct. 27, 1998, 112 Stat.

2814.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6435a of this title.

-End-

-CITE-

22 USC SUBCHAPTER V - MISCELLANEOUS PROVISIONS 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 73 - INTERNATIONAL RELIGIOUS FREEDOM

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

-HEAD-

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

-End-

-CITE-

22 USC Sec. 6481 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 73 - INTERNATIONAL RELIGIOUS FREEDOM

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 6481. Business codes of conduct

-STATUTE-

(a) Congressional finding

Congress recognizes the increasing importance of transnational

corporations as global actors, and their potential for providing

positive leadership in their host countries in the area of human

rights.

(b) Sense of Congress

It is the sense of the Congress that transnational corporations

operating overseas, particularly those corporations operating in

countries the governments of which have engaged in or tolerated

violations of religious freedom, as identified in the Annual

Report, should adopt codes of conduct -

(1) upholding the right to freedom of religion of their

employees; and

(2) ensuring that a worker's religious views and peaceful

practices of belief in no way affect, or be allowed to affect,

the status or terms of his or her employment.

-SOURCE-

(Pub. L. 105-292, title VII, Sec. 701, Oct. 27, 1998, 112 Stat.

2815.)

-End-