22 U.S.C. § 6442a (FOREIGN RELATIONS AND INTERCOURSE)
§ 6442a. Non-state actor designations
(a) In general
The President, concurrent with the annual foreign country review required under section 402(b)(1)(A) of the International Religious Freedom Act of 1998 (22 U.S.C. 6442(b)(1)(A)), shall—
(1) review and identify any non-state actors operating in any such reviewed country or surrounding region that have engaged in particularly severe violations of religious freedom; and
(2) designate, in a manner consistent with such Act [22 U.S.C. 6401 et seq.], each such non-state actor as an entity of particular concern for religious freedom.
(b) Report
Whenever the President designates a non-state actor under subsection (a) as an entity of particular concern for religious freedom, the President, as soon as practicable after the designation is made, shall submit a report to the appropriate congressional committees that describes the reasons for such designation.
(c) Actions
The President should take specific actions, when practicable, to address severe violations of religious freedom of non-state actors that are designated under subsection (a)(2).
(d) Department of State annual report
The Secretary of State should include information detailing the reasons the President designated a non-state actor as an entity of particular concern for religious freedom under subsection (a) in the Annual Report required under section 102(b)(1) of the International Religious Freedom Act of 1998 (22 U.S.C. 6412(b)(1)).
(e) Sense of Congress
It is the sense of Congress that—
(1) the Secretary of State should work with Congress and the U.S. Commission on International Religious Freedom—
(A) to create new political, financial, and diplomatic tools to address severe violations of religious freedom by non-state actors; and
(B) to update the actions the President can take under section 405 of the International Religious Freedom Act of 1998 (22 U.S.C. 6445);
(2) governments must ultimately be held accountable for the abuses that occur in their territories; and
(3) any actions the President takes after designating a non-state actor as an entity of particular concern should also involve high-level diplomacy with the government of the country in which the non-state actor is operating.
(f) Determinations of responsible parties
In order to appropriately target Presidential actions under the International Religious Freedom Act of 1998 (22 U.S.C. 6401 et seq.), the President, with respect to each non-state actor designated as an entity of particular concern for religious freedom under subsection (a), shall seek to determine, to the extent practicable, the specific officials or members that are responsible for the particularly severe violations of religious freedom engaged in or tolerated by such non-state actor.
(g) Definitions
In this section, the terms “appropriate congressional committees”, “non-state actor”, and “particularly severe violations of religious freedom” have the meanings given such terms in section 3 of the International Religious Freedom Act of 1998 (22 U.S.C. 6402), as amended by section 3 of this Act.
(Pub. L. 114–281, title III, § 301, Dec. 16, 2016, 130 Stat. 1433.)
heading: Editorial Notes
heading: References in Text
text: The International Religious Freedom Act of 1998, referred to in subsecs. (a)(2) and (f), is 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.
Section 3 of this Act, referred to in subsec. (g), means section 3 of Pub. L. 114–281, which amended section 6402 of this title.
heading: Codification
text: Section was enacted as part of the Frank R. Wolf International Religious Freedom Act, and not as part of the International Religious Freedom Act of 1998 which comprises this chapter.
heading: Executive Documents
heading: Delegation of Responsibilities Under the Frank R. Wolf International Religious Freedom Act of 2016
text: Memorandum of President of the United States, Jan. 9, 2018, 83 F.R. 3935, 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 section 301 of the Frank R. Wolf International Religious Freedom Act (Public Law 114–281) (the “Act”) [22 U.S.C. 6442a].
This memorandum’s reference to the Act shall be deemed to be a reference to the Act as amended from time to time.
You are authorized and directed to publish this memorandum in the Federal Register.
Donald J. Trump.