Presidential waiver

22 U.S.C. § 6447

• Title: 22 — Foreign Relations and Intercourse
• Chapter: SUBCHAPTER III—PRESIDENTIAL ACTIONS
• Part: A

Text

(a) In general
Subject to subsection (c), the President may waive, for a single, 180-day period, the application of any of the actions described in paragraphs (9) through (15) of section 6445(a) of this title (or commensurate action in substitution thereto) with respect to a country, if the President determines and so reports to the appropriate congressional committees that—
(1) the exercise of such waiver authority would further the purposes of this chapter; or
(2) the important national interest of the United States requires the exercise of such waiver authority.
(b) Additional authority
Subject to subsection (c), the President may waive, for any additional specified period of time after the 180-day period described in subsection (a), the application of any of the actions described in paragraphs (9) through (15) of section 6445(a) of this title (or a commensurate substitute action) with respect to a country, if the President determines and reports to the appropriate congressional committees that—
(1) the respective foreign government has ceased the violations giving rise to the Presidential action; or
(2) the important national interest of the United States requires the exercise of such waiver authority.
(c) Congressional notification
Not later than the date of the exercise of a waiver under subsection (a) or (b), the President shall notify the appropriate congressional committees of the waiver or the intention to exercise the waiver, together with a detailed justification thereof.
(d) Sense of Congress
It is the sense of Congress that—
(1) ongoing and persistent waivers of the application of any of the actions described in paragraphs (9) through (15) of section 6445(a) of this title (or commensurate substitute action) with respect to a country do not fulfill the purposes of this chapter; and
(2) because the promotion of religious freedom is an important interest of United States foreign policy, the President, the Secretary of State, and other executive branch officials, in consultation with Congress, should seek to find ways to address existing violations, on a case-by-case basis, through the actions described in section 6445 of this title or other commensurate substitute action.

History

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

Editorial Notes

Editorial Notes

References in Text
This chapter, referred to in subsecs. (a)(1) and (d)(1), was in the original "this Act", meaning Pub. L. 105–292, Oct. 27, 1998, 112 Stat. 2787, known as the International Religious Freedom Act of 1998, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 6401 of this title and Tables.

Amendments
2016—Subsec. (a). Pub. L. 114–281, §304(1)(A), (B), in introductory provisions, substituted "subsection (c)" for "subsection (b)" and inserted ", for a single, 180-day period," after "may waive".
Subsec. (a)(1) to (3). Pub. L. 114–281, §304(1)(C), (D), redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out former par. (1) which read as follows: "the respective foreign government has ceased the violations giving rise to the Presidential action;".
Subsec. (b). Pub. L. 114–281, §304(3), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 114–281, §304(2), (4), redesignated subsec. (b) as (c) and inserted "or (b)" after "subsection (a)".
Subsec. (d). Pub. L. 114–281, §304(5), added subsec. (d).