HR 418
112th CONGRESS
1st Session
H. R. 418
To express United States foreign policy with respect to, and to strengthen
United States advocacy on behalf of, individuals persecuted and denied their
rights in foreign countries on account of gender, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 25, 2011
Mrs. MALONEY (for herself, Mr. FATTAH, Mr. MORAN, Mr. MCNERNEY, Ms. WOOLSEY,
and Mr. RYAN of Ohio) introduced the following bill; which was referred to
the Committee on Foreign Affairs, and in addition to the Committees on Financial
Services and the Judiciary, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To express United States foreign policy with respect to, and to strengthen
United States advocacy on behalf of, individuals persecuted and denied their
rights in foreign countries on account of gender, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `International Women's Freedom
Act of 2011'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings; policy.
TITLE I--DEPARTMENT OF STATE ACTIVITIES
Sec. 101. Office on International Women's Rights; Ambassador at Large for
International Women's Rights.
Sec. 103. Establishment of a women's rights internet site.
Sec. 104. Training for foreign service officers.
Sec. 105. High-level contacts with nongovernmental organizations.
Sec. 106. Programs and allocations of funds by United States missions abroad.
Sec. 107. Prisoner lists and issue briefs on women's rights concerns.
TITLE II--COMMISSION ON INTERNATIONAL WOMEN'S RIGHTS
Sec. 201. Establishment and composition.
Sec. 202. Duties of the Commission.
Sec. 203. Powers of the Commission.
Sec. 204. Commission personnel matters.
Sec. 205. Reports of the Commission.
Sec. 206. Applicability of other laws.
Sec. 207. Standards of conduct and disclosure.
Sec. 208. Authorization of appropriations.
TITLE III--NATIONAL SECURITY COUNCIL
Sec. 301. Special Adviser on International Women's Rights.
TITLE IV--PRESIDENTIAL ACTIONS
Subtitle A--Targeted Responses to Violations of Women's Rights Abroad
Sec. 401. Presidential actions in response to violations of women's rights.
Sec. 402. Presidential actions in response to particularly severe violations
of women's rights.
Sec. 404. Report to Congress.
Sec. 405. Description of Presidential actions.
Sec. 406. Effects on existing contracts.
Sec. 407. Presidential waiver.
Sec. 408. Publication in Federal Register.
Sec. 409. Termination of Presidential actions.
Sec. 410. Preclusion of judicial review.
Subtitle B--Strengthening Existing Law
Sec. 421. United States assistance.
Sec. 422. Multilateral assistance.
Sec. 423. Exports of certain items used in particularly severe violations
of women's rights.
TITLE V--PROMOTION OF WOMEN'S RIGHTS
Sec. 501. Assistance for promoting women's rights.
Sec. 502. International broadcasting.
Sec. 503. International exchanges.
Sec. 504. Foreign service awards.
TITLE VI--REFUGEE, ASYLUM, AND CONSULAR MATTERS
Sec. 601. Use of annual report.
Sec. 602. Refugee training.
Sec. 603. Reform of asylum policy.
Sec. 604. Inadmissibility of foreign government officials who have engaged
in particularly severe violations of women's rights.
Sec. 605. Study on the effect of expedited removal provisions on asylum
claims.
TITLE VII--MISCELLANEOUS PROVISIONS
Sec. 701. Business codes of conduct.
SEC. 2. FINDINGS; POLICY.
(a) Findings- Congress makes the following findings:
(1) Support for human rights is the cornerstone of American foreign policy,
and the advance of women's rights and the advance of liberty are ultimately
inseparable.
(2) A number of international human rights instruments, as well as several
international declarations, have recognized the equal rights of men and
women and articulated specific aspects of women's human rights, including
the Universal Declaration of Human Rights, the Charter of the United Nations,
the International Covenant on Civil and Political Rights, the International
Covenant on Economic, Social and Cultural Rights, the Convention on the
Elimination of all Forms of Discrimination against Women, the Inter-American
Convention on the Prevention, Punishment and Eradication of Violence Against
Women, the Declaration on the Elimination of Violence against Women, and
the Beijing Declaration and Platform for Action.
(3) Article 1 of the Universal Declaration of Human Rights recognizes that
`all human beings are born free and equal in dignity and rights', and Article
7 recognizes that `all are equal before the law and are entitled without
any discrimination to equal protection of the law'. Article 3 of the International
Covenant on Civil and Political Rights recognizes that the State Parties
to the Covenant `undertake to ensure the equal right of men and women to
the enjoyment of all civil and political rights set forth in the Covenant'.
Article 26 of the Covenant provides that `all persons are equal before the
law and are entitled without any discrimination to the equal protection
of the law. In this respect, the laws of each State Party shall prohibit
any discrimination and guarantee to all persons equal and effective protection
against discrimination on any ground such as race, color, sex, language,
religion, political or other opinion, national or social origin, property,
birth or other status'. The Preamble of the Charter of the United Nations
affirms the equal rights of men and women. Governments have the responsibility
to protect the fundamental rights of their citizens and to pursue justice
for all. Women's rights are fundamental rights, regardless of race, country,
creed, or nationality, and should never be arbitrarily abridged by any government.
(4) Barbaric treatment of women persists in many parts of the world. Women
suffer both government-sponsored and government-tolerated violations of
their human rights. In countries where women are subject to particularly
severe restrictions, women cannot work outside the home, cannot attend schools
or universities, cannot drive, cannot leave the home without a male companion,
may only use segregated transportation, cannot obtain a passport or travel
without the permission of a male relative, must wear particular clothing,
must black out house windows in public view, cannot obtain quality health
education, and have limited access to health care because a male relative
must be present or because male doctors are not allowed to touch female
patients. The `In-depth study on all forms of violence against women' conducted
by the Secretary General of the United Nations found that in many countries,
women's economic opportunities are severely limited because of discrimination
in employment, property rights, and access to resources. These inequalities
work to limit women's independence and make them more vulnerable to further
discrimination, including violence.
(5) Violence against women is a form of discrimination which is pervasive
throughout all parts of the world. In many countries, governments condone
or perpetrate violence against women. Women are subject to various manifestations
of brutal violence, including female genital mutilation, honor killings,
domestic violence, gender-based murders, rape, trafficking, forced early
marriage, and the maltreatment of widows. Perpetration of violence by the
country can include custodial violence, forced sterilization, sexual violence
during armed conflict, and policies on forced pregnancy and forced abortion.
Violence against women has consequences for their health and well-being,
their economic security, and the economic development of their communities
and countries.
(6) Though not confined to a particular region or regime, violations of
women's rights are often particularly widespread, systematic, and heinous
under totalitarian governments and in countries with militant, politicized
religious majorities or with strong tribal traditions.
(7) Congress has recognized and denounced international violations of women's
rights through the adoption of the following resolutions:
(A) Senate Resolution 68 of the 106th Congress, expressing the sense of
the Senate regarding the treatment of women and girls by the Taliban in
Afghanistan.
(B) Senate Concurrent Resolution 42 of the 107th Congress, condemning
the Taliban for their discriminatory policies towards women.
(C) Senate Concurrent Resolution 86 of the 107th Congress, expressing
the sense of Congress that women from all ethnic groups in Afghanistan
should participate in the economic and political reconstruction of Afghanistan.
(D) House Resolution 393 of the 108th Congress, commending Afghan women
for their participation in Afghan government and civil society, encouraging
the inclusion of Afghan women in the political and economic life of Afghanistan,
and advocating the protection of the human rights of all Afghans, particularly
women, in the Afghanistan Constitution.
(E) Senate Resolution 74 of the 109th Congress, designating March 8, 2005,
as International Women's Day.
(b) Policy- It shall be the policy of the United States to do the following:
(1) To condemn violations of women's rights, and to promote, and to assist
other governments in promoting, the fundamental human rights of women.
(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 rights of women, as set forth in the Foreign Assistance Act of 1961,
in the International Financial Institutions Act, 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 women's rights and the desire of the United States
for the most effective and principled response, in light of the range of
violations of women's rights 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 women's rights,
in order to develop multilateral documents and initiatives to combat violations
of women's rights and promote the right of women to enjoy their human rights
abroad.
(5) Standing for liberty and standing with the disadvantaged, 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 women's rights by all governments
and peoples.
SEC. 3. DEFINITIONS.
(1) AMBASSADOR AT LARGE- The term `Ambassador at Large' means the Ambassador
at Large for International Women's Rights appointed under section 101(b).
(2) ANNUAL REPORT- The term `Annual Report' means the Annual Report on International
Women's Rights described in section 102(b).
(3) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `appropriate congressional
committees'--
(A) means the Committee on Foreign Relations of the Senate and the Committee
on International Relations of the House of Representatives; and
(B) includes, in the case of any determination made with respect to the
taking of President action under paragraphs (9) through (15) of section
405(a), the committees described in subparagraph (A) and, where appropriate,
the Committee on 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 405(b).
(5) COMMISSION- The term `Commission' means the United States Commission
on International Women's Rights established in section 201(a).
(6) COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES- The term `Country Reports
on Human Rights Practices' means the annual report required to be submitted
by the Secretary of State to Congress under sections 116(d) and 502B(b)
of the Foreign Assistance Act of 1961.
(7) EXECUTIVE SUMMARY- The term `Executive Summary' means the Executive
Summary to the Annual Report, as described in section 102(b)(1)(F).
(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 Secretary of State to Congress under sections 116 and 502B
of the Foreign Assistance Act of 1961.
(10) OFFICE- The term `Office' means the Office on International Women's
Rights established in section 101(a).
(11) PARTICULARLY SEVERE VIOLATIONS OF WOMEN'S RIGHTS- The term `particularly
severe violations of women's rights' means systematic, ongoing, egregious
violations of women's rights, including violations such as--
(A) denying women freedoms that are guaranteed for men;
(B) torture or cruel, inhuman, or degrading treatment or punishment;
(C) government-sponsored or tolerated violence such as gender-based murder,
rape, traditional practices such as honor killings and female genital
mutilation, abduction, trafficking, forced sterilization or forced abortion,
and custodial violence;
(D) limiting or denying access to health care and health education; or
(E) other flagrant denials to women or girls 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 Women's Rights described in section 101(m)
of the National Security Act of 1947, as added by section 301 of this Act.
(13) VIOLATIONS OF WOMEN'S RIGHTS- The term `violations of women's rights'
means violations of the internationally recognized human rights of women,
as set forth in the international instruments referred to in section 2(a)(2)
and as described in section 2(a)(3), including violations such as--
(A) arbitrary prohibitions on, restrictions on, or punishment for--
(i) women engaging in activities in which men are permitted to engage;
(ii) travel, employment, or education for girls or women;
(iii) clothing for girls or women;
(iv) political participation and voting for women; and
(v) possession and distribution of literature pertaining to women's
human rights;
(B) discriminatory laws or customary practices that deprive women of equal
rights, such as those pertaining to marriage and family relations, nationality
and citizenship, legal capacity, and access to economic resources; or
(C) any of the following acts if committed because an individual is a
girl or woman: detention, forced labor or prostitution, imprisonment,
forced mass resettlement, beating, torture, mutilation, sexual assault
and rape, enslavement, murder, and execution.
TITLE I--DEPARTMENT OF STATE ACTIVITIES
SEC. 101. OFFICE ON INTERNATIONAL WOMEN'S RIGHTS; AMBASSADOR AT LARGE FOR
INTERNATIONAL WOMEN'S RIGHTS.
(a) Establishment of Office- There is established within the Department of
State an Office on International Women's Rights that shall be headed by the
Ambassador at Large for International Women's Rights appointed under subsection
(b).
(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 women's rights abroad, to denounce the violation of those
rights, and to recommend appropriate responses by the United States Government
when those rights are violated.
(2) ADVISORY ROLE- The Ambassador at Large shall be a principal adviser
to the President and the Secretary of State regarding matters affecting
women's rights abroad and, with advice from the Commission, shall make recommendations
regarding--
(A) the policies of the United States Government toward governments that
violate women's rights or that fail to ensure the rights of individual
women; and
(B) policies to advance women's rights 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 women's rights abroad
in--
(A) contacts with foreign governments, intergovernmental organizations,
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 women's rights abroad.
(4) REPORTING RESPONSIBILITIES- The Ambassador at Large shall have the reporting
responsibilities described in section 102.
(5) SENIOR COORDINATOR FOR INTERNATIONAL WOMEN'S ISSUES- The Ambassador
at Large shall, in addition to his or her other duties, assume the duties
of the Senior Coordinator for International Women's Issues of the Department
of State.
(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.
SEC. 102. REPORTS.
(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 women's rights and freedom from discrimination based
on gender and those portions of other information provided to the Congress
under sections 116 and 502B of the Foreign Assistance Act of 1961 (22 U.S.C.
2151n, 2304) that relate to the right to freedom from discrimination based
on sex.
(b) Annual Report on International Women's Rights-
(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 the Congress an Annual Report on International Women's Rights
supplementing the most recent Human Rights Reports by providing additional
detailed information with respect to matters involving international women's
rights. Each Annual Report shall contain the following:
(A) STATUS OF WOMEN'S RIGHTS- A description of the status of women's rights
in each foreign country, including--
(i) trends toward improvement in the respect and protection of women's
rights and trends toward deterioration of such rights;
(ii) violations of women's rights engaged in or tolerated by the government
of that country; and
(iii) particularly severe violations of women's rights engaged in or
tolerated by the government of that country.
(B) VIOLATIONS OF WOMEN'S RIGHTS- An assessment and description of the
nature and extent of violations of women's rights in each foreign country,
including gender-based discrimination by governmental and nongovernmental
entities, discrimination targeted at individuals or particular groups
of women, and the existence of government policies violating women's rights.
(C) UNITED STATES POLICIES- A description of United States actions and
policies in support of women's rights in each foreign country engaging
in or tolerating violations of women's rights, including a description
of the measures and policies implemented during the preceding 12 months
by the United States under this title and titles IV and V in opposition
to violations of women's rights and in support of international women's
rights.
(D) INTERNATIONAL AGREEMENTS IN EFFECT- A description of any binding agreement
with a foreign government entered into by the United States under section
401(b) or 402(c).
(E) TRAINING AND GUIDELINES OF GOVERNMENT PERSONNEL- A description of--
(i) the training described in the last sentence of section 708(a) of
the Foreign Service Act of 1980 (as amended by section 104 of this Act),
and sections 208(f) and 240(f) of the Immigration and Nationality Act
(as amended by section 603 of this Act), on violations of women's rights
that is provided to immigration judges and consular, refugee, immigration,
and asylum officers; and
(ii) the development and implementation of the guidelines described
in subsections (f)(3) and (g) of section 207 of the Immigration and
Nationality Act (as amended by section 602 of this Act).
(F) EXECUTIVE SUMMARY- An executive summary to the annual report highlighting
the status of women's rights in certain foreign countries and including
the following:
(i) COUNTRIES IN WHICH THE UNITED STATES IS ACTIVELY PROMOTING WOMEN'S
RIGHTS- An identification of foreign countries in which the United States
is actively promoting women's rights. This section of the report shall
include a description of actions taken by the United States to promote
the internationally recognized human rights of women and oppose violations
of such rights 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 women's rights under section 402(b)(1) shall
be included in this section of the report.
(ii) COUNTRIES OF SIGNIFICANT IMPROVEMENT IN WOMEN'S RIGHTS- An identification
of foreign countries the governments of which have demonstrated significant
improvement in the protection and promotion of the internationally recognized
human rights of women 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
Act.
(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 Act, 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 Women's Rights-
(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
human rights of women.
(2) CONTACTS WITH NONGOVERNMENTAL ORGANIZATIONS- In compiling data and assessing
the respect of women's rights for the Human Rights Reports, the Annual Report,
and the Executive Summary, United States mission personnel shall, as appropriate,
seek out and maintain contacts with women's 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.
(d) Amendments to the Foreign Assistance Act of 1961-
(1) CONTENT OF HUMAN RIGHTS REPORTS FOR COUNTRIES RECEIVING ECONOMIC ASSISTANCE-
Section 116(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d))
is amended--
(A) by striking `and' at the end of paragraph (11);
(B) by striking the period at the end of paragraph (12) and inserting
`; and'; and
(C) by adding at the end the following:
`(13) wherever applicable, violations of women's rights, including particularly
severe violations of women's rights (as defined in section 3 of the International
Women's Freedom Act of 2011).'.
(2) CONTENTS OF HUMAN RIGHTS REPORTS FOR COUNTRIES RECEIVING SECURITY ASSISTANCE-
Section 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(b))
is amended--
(A) in the first sentence, by inserting `and the Ambassador at Large for
International Women's Rights' after `Religious Freedom'; and
(B) in the fourth sentence by inserting after `1998)' the following: `,
and information on violations of women's rights, including particularly
severe violations of women's rights (as defined in section 3 of the International
Women's Freedom Act of 2011)'.
SEC. 103. ESTABLISHMENT OF A WOMEN'S RIGHTS INTERNET SITE.
In order to facilitate access by nongovernmental organizations and by the
public around the world to international documents on the protection of women's
rights, 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 women's rights, 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.
SEC. 104. TRAINING FOR FOREIGN SERVICE OFFICERS.
Section 708(a) of the Foreign Service Act of 1980 (22 U.S.C. 4028(a)) is amended
by adding at the end the following flush sentence:
`After January 1, 2011, such training shall include instruction on the internationally
recognized rights of women and the various aspects and manifestations of violations
of women's rights.'.
SEC. 105. HIGH-LEVEL CONTACTS WITH NONGOVERNMENTAL ORGANIZATIONS.
United States chiefs of mission shall seek out and contact any women's nongovernmental
organizations to provide high-level meetings with such nongovernmental organizations
where appropriate and beneficial. United States chiefs of mission and Foreign
Service officers abroad shall seek to meet with imprisoned women's rights
advocates where appropriate and beneficial.
SEC. 106. PROGRAMS AND ALLOCATIONS OF FUNDS BY UNITED STATES MISSIONS ABROAD.
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 human
rights of women should develop, as part of annual program planning, a strategy
to promote respect for the internationally recognized human rights of women;
and
(2) in allocating or recommending the allocation of funds or recommending
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 women's
rights.
SEC. 107. PRISONER LISTS AND ISSUE BRIEFS ON WOMEN'S RIGHTS CONCERNS.
(a) Sense of the Congress- To encourage involvement with women's rights 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 the United States 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 Women's Rights Concerns- The Secretary
of State, in consultation with the Ambassador at Large, the Under Secretary
of State for Democracy and Global Affairs, the Assistant Secretaries of State
for Democracy, Human Rights, and Labor, United States chiefs of mission abroad,
regional experts, and nongovernmental human rights groups, shall prepare and
maintain issue briefs on women's rights, on a country-by-country basis, consisting
of lists of persons believed to be imprisoned, detained, or placed under house
arrest because of their gender, together with brief evaluations and critiques
of the policies of the respective country restricting women's rights. 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
women's rights issue briefs under subsection (b) to executive branch officials
and Members of Congress in anticipation of bilateral contacts with foreign
leaders, both in the United States and abroad.
TITLE II--COMMISSION ON INTERNATIONAL WOMEN'S RIGHTS
SEC. 201. ESTABLISHMENT AND COMPOSITION.
(a) In General- There is established the United States Commission on International
Women's Rights.
(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 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.
(A) IN GENERAL- Members of the Commission shall be selected from among
distinguished individuals noted for their knowledge and experience in
fields relevant to the issue of international women's rights, 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 the date of the enactment of this
Act.
(c) Terms- The term of office of each member of the Commission shall be 2
years, beginning on the date of the initial appointment of all of the members
of the Commission. Members of the Commission shall be eligible for reappointment.
(d) Election of Chairperson- At the first meeting of the Commission in each
calendar year, a majority of the members of the Commission present and voting
shall elect the Chairperson 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 Reports on Human Rights Practices, the Commission
shall convene. The Commission shall otherwise meet at the call of the Chairperson
or, if no Chairperson 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.
(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 title.
(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, United States Code, while away
from their homes or regular places of business in the performance of services
for the Commission.
SEC. 202. DUTIES OF THE COMMISSION.
(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 women's rights 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 the Congress with respect to matters involving international
women's rights.
(b) Policy Review and Recommendations in Response to Violations- The Commission,
in evaluating United States Government policies in response to violations
of women's rights, 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 women's rights, including
particularly severe violations of women's rights. Such options include diplomatic
inquiry, diplomatic protest, official public demarche, 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 with
respect to women's rights, 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 Women- Together with specific policy recommendations provided
under subsections (b) and (c), the Commission shall also indicate its evaluation
of the potential effects of those policies, if implemented, on women in the
country in question.
(e) Monitoring- The Commission shall, on an ongoing basis, monitor facts and
circumstances of violations of women's rights, 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 of the United States Government.
SEC. 203. POWERS OF THE COMMISSION.
(a) Hearings and Sessions- The Commission may, for the purpose of carrying
out its duties under this title, 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 title.
(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 regulations relating
to administrative procedure as may be reasonably necessary to enable it to
carry out this title.
(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, if 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 purposes of this title.
Each trip must be approved by a majority of the Commission. This subsection
shall not apply to the Ambassador at Large, whose travel shall not require
approval by the Commission.
SEC. 204. COMMISSION PERSONNEL MATTERS.
(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 6 of the 9 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, United States Code, 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 title. 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, for the
Executive Director, and for any other personnel.
SEC. 205. REPORTS OF THE COMMISSION.
(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 the Congress setting
forth its recommendations for United States policy options based on its evaluations
under section 202.
(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 in the report would further the purposes of this Act.
(c) Individual or Dissenting Views- Each member of the Commission may include
the individual or dissenting views of the member.
(d) Financial Report- The Commission shall, not later than January 1 of each
year, submit to the Committee on International Relations and the Committee
on Appropriations of the House of Representatives, and to the Committee on
Foreign Relations and the Committee on Appropriations of the Senate, a report
detailing and identifying the expenditures of the Commission in the preceding
fiscal year.
SEC. 206. APPLICABILITY OF OTHER LAWS.
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
SEC. 207. STANDARDS OF CONDUCT AND DISCLOSURE.
(a) Cooperation With Nongovernmental Organizations, the Department of State,
and Congress- The Commission shall, in performing the Commission's duties
under this title, seek to effectively and freely cooperate with all governmental
and nongovernmental entities engaged in the promotion of women's rights abroad.
(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.
(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, 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.
(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 title. Any such person shall be hired without interruption or loss
of civil service or Foreign Service status or privilege. The Commission
may not procure temporary and intermittent services under section 3109(b)
of title 5, United States Code, or under other contracting authority other
than that allowed under this title.
(2) EXPERT STUDY- In the case of a study requested under section 605 of
this Act, 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.
(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 the Government.
SEC. 208. AUTHORIZATION OF APPROPRIATIONS.
(a) In General- There are authorized to be appropriated to the Commission
such sums as may be necessary to carry out this title.
(b) Availability of Funds- Amounts authorized to be appropriated under subsection
(a) are authorized to remain available until expended, but not later than
the date on which the Commission terminates.
SEC. 209. TERMINATION.
The Commission shall terminate 12 years after the date of the initial appointment
of all of the members of the Commission.
TITLE III--NATIONAL SECURITY COUNCIL
SEC. 301. SPECIAL ADVISER ON INTERNATIONAL WOMEN'S RIGHTS.
Section 101 of the National Security Act of 1947 (50 U.S.C. 402) is amended
by adding at the end the following new subsection:
`(m) It is the sense of the Congress that there should be within the staff
of the National Security Council a Special Adviser to the President on International
Women's Rights, whose position should be comparable to that of a director
within the Executive Office of the President. The Special Adviser should serve
as a resource for executive branch officials, compiling and maintaining information
on the facts and circumstances of violations of women's rights (as defined
in section 3 of the International Women's Freedom Act of 2011), and making
policy recommendations. The Special Adviser should serve as liaison with the
Ambassador at Large for International Women's Rights, the United States Commission
on International Women's Rights, the Congress, and, as advisable, women's
nongovernmental organizations.'.
TITLE IV--PRESIDENTIAL ACTIONS
Subtitle A--Targeted Responses to Violations of Women's Rights Abroad
SEC. 401. PRESIDENTIAL ACTIONS IN RESPONSE TO VIOLATIONS OF WOMEN'S RIGHTS.
(a) Response to Violations of Women's Rights-
(A) UNITED STATES POLICY- It shall be the policy of the United States--
(i) to oppose violations of women's rights that are or have been engaged
in or tolerated by the governments of foreign countries; and
(ii) to promote women's rights in those countries through the actions
described in subsection (b).
(B) REQUIREMENT OF PRESIDENTIAL ACTION- For each foreign country the government
of which engages in or tolerates violations of women's rights, the President
shall oppose such violations and promote the human rights of women in
that country through the actions described in subsection (b).
(2) BASIS OF ACTIONS- Each action taken under paragraph (1)(B) shall be
based upon information regarding violations of women's rights, 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) by the government of a foreign
country--
(A) take one or more of the actions described in paragraphs (1) through
(15) of section 405(a) (or commensurate action in substitution therefor)
with respect to that country; or
(B) negotiate and enter into a binding agreement with the government of
that country, as described in section 405(c).
(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 405(a)
(or commensurate action in substitution therefor) with respect to each foreign
country the government of which has engaged in or tolerated violations of
women's rights 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
405(a) (or commensurate action in substitution therefor)--
(A) the action may only be taken after the requirements of sections 403
and 404 have been satisfied; and
(B) the September 1 limitation shall not apply.
(3) AUTHORITY FOR DELAY OF PRESIDENTIAL ACTIONS- The President may delay
action that is described in any of paragraphs (9) through (15) of section
405(a) (or commensurate action in substitution therefor)--
(A) if the President determines and certifies to the Congress that a single,
additional period of time, not to exceed 90 days, is necessary for any
of the purposes set forth in section 402(c)(3); and
(B) only until the expiration of that additional period.
(1) IN GENERAL- In carrying out subsection (b), the President shall--
(A) take the action or actions that most appropriately respond to the
nature and severity of the violations of women's rights;
(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 405(a) (or commensurate
action in substitution therefor), shall seek to minimize any adverse effects
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 that country.
SEC. 402. PRESIDENTIAL ACTIONS IN RESPONSE TO PARTICULARLY SEVERE VIOLATIONS
OF WOMEN'S RIGHTS.
(a) Response to Particularly Severe Violations of Women's Rights-
(1) UNITED STATES POLICY- It shall be the policy of the United States--
(A) to oppose particularly severe violations of women's rights that are
or have been engaged in or tolerated by the governments of foreign countries;
and
(B) to promote the rights of women in those countries through the actions
described in subsection (c).
(2) REQUIREMENT OF PRESIDENTIAL ACTION- Whenever the President determines
that the government of a foreign country has engaged in or tolerated particularly
severe violations of women's rights, the President shall oppose such violations
and promote women's rights through one or more of the actions described
in subsection (c).
(b) Designations of Countries of Particular Concern for Women's Rights-
(A) IN GENERAL- Not later than September 1 of each year, the President
shall review the status of women's rights in each foreign country to determine
whether the government of that country has engaged in or tolerated particularly
severe violations of women's rights 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
women's rights.
(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 of 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 before 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 women's rights under paragraph
(1)(A), the President shall seek to determine the agency or instrumentality
and specific officials of the government that are responsible for the particularly
severe violations of women's rights engaged in or tolerated by that government
in order to appropriately target Presidential actions under this section
in response to the violations.
(3) CONGRESSIONAL NOTIFICATION- Whenever the President designates a country
as a country of particular concern for women's rights 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
Women's Rights-
(1) IN GENERAL- Subject to paragraphs (2), (3), (4), and (5), with respect
to each country of particular concern for women's rights designated under
subsection (b)(1)(A), the President shall, after the requirements of sections
403 and 404 have been satisfied, but not later than 90 days 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 405(a), as determined by the
President.
(B) COMMENSURATE ACTIONS- Commensurate action in substitution for 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 405(c). The existence of a binding
agreement under this paragraph with a foreign government may be considered
by the President before making any determination or taking any action
under this title.
(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 women's rights.
(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 the 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, or
(C)(i) for a review of corrective action taken by the foreign country
after designation of that country as a country of particular concern,
or
(ii) in anticipation that corrective action will be taken by the foreign
country during that additional period of time,
then the President shall not be required to take action until the expiration
of that additional period of time.
(4) EXCEPTION FOR ONGOING PRESIDENTIAL ACTION UNDER THIS ACT- The President
shall not be required to take action under this subsection in the case of
a country of particular concern for women's rights, if, with respect to
that country--
(A) the President has taken action pursuant to this Act in a preceding
year;
(B) such action is in effect at the time the country is designated as
a country of particular concern for women's rights under this section;
and
(C) the President reports to the Congress the information described in
paragraphs (1), (2), (3), and (4) of section 404(a) regarding the actions
in effect with respect to that country.
(5) EXCEPTION FOR ONGOING MULTIPLE BROAD-BASED SANCTIONS IN RESPONSE TO
HUMAN RIGHTS VIOLATIONS- If, at the time the President determines a country
to be a country of particular concern for women's rights, 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 the report to the Congress under
section 404(a), and, as applicable, in the information published under section
408, the President shall designate the specific sanction or sanctions which
the President determines satisfy the requirements of this subsection. The
sanctions so designated shall remain in effect as provided in section 409.
(d) Statutory Construction- A determination under this Act, or any amendment
made by this Act, that a foreign country has engaged in or tolerated particularly
severe violations of women's rights 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 116 or 502B of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151n, 2304).
SEC. 403. CONSULTATIONS.
(a) In General- As soon as practicable after the President decides under section
401 to take an action under any of paragraphs (9) through (15) of section
405(a) (or commensurate action in substitution therefor) with respect to a
country in response to violations of women's rights, or not later than 90
days after the President designates a country as a country of particular concern
for women's rights under section 402, as the case may be, the President shall
carry out the consultations required in this section.
(b) Duty To Consult With Foreign Governments Before Taking Presidential Actions-
(1) IN GENERAL- The President shall--
(A) request consultation with the government of the country concerned
regarding the violations giving rise to the designation of that country
as a country of particular concern for women's rights, or to Presidential
action under section 401, as the case may be; 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,
consultations under paragraph (1) 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), before 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 human rights organizations concerning
the potential impact of United States policies to promote women's rights in
countries described in subsection (a).
(d) Duty To Consult With United States Interested Parties- The President shall,
as appropriate, consult with interested parties in the United States, including
the Commission on International Women's Rights, with respect to the potential
impact of intended Presidential action or actions in countries described in
subsection (a) on economic or other interests of the United States.
SEC. 404. REPORT TO CONGRESS.
(a) In General- Subject to subsection (b), not later than 90 days after the
President decides under section 401 to take action under paragraphs (9) through
(15) of section 405(a) (or commensurate action in substitution therefor) with
respect to a country, in response to violations of women's rights by that
country, or not later than 90 days after the President designates a country
as a country of particular concern for women's rights under section 402, as
the case may be, the President shall submit a report to the Congress containing
the following:
(1) IDENTIFICATION OF PRESIDENTIAL ACTIONS- An identification of the action
or actions described in paragraphs (9) through (15) of section 405(a) (or
commensurate action in substitution therefor) to be taken with respect to
the foreign country.
(2) DESCRIPTION OF VIOLATIONS- A description of the violations giving rise
to the action or actions to be taken.
(3) PURPOSE OF PRESIDENTIAL ACTIONS- A description of the purpose of the
action or actions.
(A) DESCRIPTION- An evaluation, in consultation with the Secretary of
State, the Ambassador at Large, the Commission, the Special Adviser, the
parties described in subsections (c) and (d) of section 403, and whomever
else the President deems appropriate, of the effects of the action or
actions on--
(i) the government of the foreign country;
(ii) the population of the country; and
(iii) 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 evaluation
to the Congress in its entirety.
(5) STATEMENT OF POLICY OPTIONS- A statement that noneconomic policy options
designed to bring about cessation of the violations of women's rights have
reasonably been exhausted, including the consultations required in section
403.
(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) to the Congress, the President determines and certifies to the Congress,
under section 401(b)(3) or 402(c)(3), that a single, additional period of
time not to exceed 90 days is necessary, then the President shall not be required
to submit the report to the Congress until the expiration of that additional
period of time.
SEC. 405. DESCRIPTION OF PRESIDENTIAL ACTIONS.
(a) Description of Presidential Actions- Except as provided in subsection
(d), the Presidential actions referred to in this subsection are the following:
(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 116 of the Foreign Assistance Act
of 1961.
(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 the violations
under section 401 or 402.
(11) The withdrawal, limitation, or suspension of United States security
assistance in accordance with section 502B of the Foreign Assistance Act
of 1961.
(12) Consistent with section 701 of the International Financial Institutions
Act, directing the United States executive directors of international financial
institutions to oppose and vote against loans primarily benefitting the
specific foreign government, agency, instrumentality, or official found
or determined by the President to be responsible for the violations under
section 401 or 402.
(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 the violations under section 401 or 402, under--
(A) the Export Administration Act of 1979 (as continued in effect under
the International Emergency Economic Powers Act);
(B) the Arms Export Control Act;
(C) the Atomic Energy Act of 1954; 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 the violations
under section 401 or 402.
(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, agency, instrumentality, or official found or determined
by the President to be responsible for the violations under section 401
or 402.
(b) Commensurate Action- Except as provided in subsection (d), the President
may substitute any other action authorized by law for any action described
in paragraphs (1) through (15) of subsection (a) 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 2(b) of this Act. 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 against which sanctions would otherwise
be imposed that obligates that government to cease, or take substantial steps
to address and phase out, the act, policy, or practice constituting the violation
or violations of women's rights. 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 women's rights.
(d) Exceptions- Any action taken pursuant to subsection (a) or (b) may not
prohibit or restrict the provision of medicine, medical equipment or supplies,
food, or other humanitarian assistance.
SEC. 406. EFFECTS ON EXISTING CONTRACTS.
The President shall not be required to apply or maintain any Presidential
action under this subtitle--
(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 the 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 the 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.
SEC. 407. PRESIDENTIAL WAIVER.
(a) In General- Subject to subsection (b), the President may waive the application
of any of the actions described in paragraphs (9) through (15) of section
405(a) (or commensurate action in substitution therefor) with respect to a
country, if the President determines and so reports to the appropriate congressional
committees that--
(1) the government of that country has ceased the violations giving rise
to the Presidential action;
(2) the exercise of such waiver authority would further the purposes of
this Act; 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), the President shall notify the appropriate
congressional committees of the waiver or the intention to exercise the waiver,
together with a detailed justification therefor.
SEC. 408. PUBLICATION IN FEDERAL REGISTER.
(a) In General- Subject to subsection (b), 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 women's
rights under section 402(b)(1), 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 402(b)(2).
(2) PRESIDENTIAL ACTIONS- A description of any Presidential action under
paragraphs (9) through (15) of section 405(a) (or commensurate action in
substitution therefor) 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 404(b).
(4) WAIVERS- Any waiver under section 407.
(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 654(c) of the Foreign Assistance Act of 1961 (22 U.S.C.
2414(c)), 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 Act.
SEC. 409. TERMINATION OF PRESIDENTIAL ACTIONS.
Any Presidential action taken under this Act with respect to a foreign country
shall terminate on the earlier of the following dates:
(1) TERMINATION DATE- The date that is 2 years after the effective date
of the Presidential action, unless expressly reauthorized by law.
(2) FOREIGN GOVERNMENT ACTIONS- The date on which the President determines,
in consultation with the Commission, and certifies to the Congress that
the government of the foreign country has ceased or taken substantial and
verifiable steps to cease the particularly severe violations of women's
rights.
SEC. 410. PRECLUSION OF JUDICIAL REVIEW.
No court shall have jurisdiction to review any Presidential determination
or agency action under this Act or any amendment made by this Act.
Subtitle B--Strengthening Existing Law
SEC. 421. UNITED STATES ASSISTANCE.
(a) Implementation of Prohibition on Economic Assistance- Section 116(c) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(c)) is amended--
(1) in the matter preceding paragraph (1), by inserting `and the Ambassador
at Large for International Women's Rights' after `Religious Freedom';
(2) by striking `and' at the end of paragraph (2);
(3) by striking the period at the end of paragraph (3) and inserting `;
and'; and
(4) by adding at the end the following new paragraph:
`(4) whether the government--
`(A) has engaged in or tolerated particularly severe violations of women's
rights, as defined in section 3 of the International Women's Freedom Act
of 2011; or
`(B) has failed to undertake serious and sustained efforts to combat particularly
severe violations of women's rights (as defined in section 3 of the International
Women's Freedom Act of 2011), when such efforts could have been reasonably
undertaken.'.
(b) Implementation of Prohibition on Military Assistance- Section 502B(a)(4)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(a)(4)) is amended--
(1) by striking `(A)' and inserting `(A)(i)';
(2) by striking `(B)' and inserting `(ii)';
(3) by striking the period at the end and inserting `; or'; and
(4) by adding at the end the following:
`(B)(i) has engaged in or tolerated particularly severe violations of women's
rights, as defined in section 3 of the International Women's Freedom Act
of 2011; or
`(ii) has failed to undertake serious and sustained efforts to combat particularly
severe violations of women's rights when such efforts could have been reasonably
undertaken.'.
SEC. 422. MULTILATERAL ASSISTANCE.
Section 701 of the International Financial Institutions Act (22 U.S.C. 262d)
is amended--
(1) by redesignating the second subsection (g) as subsection (h); and
(2) by adding at the end the following new subsection:
`(i) In determining whether the government of a country engages in a pattern
of gross violations of internationally recognized human rights, as described
in subsection (a), the President shall give particular consideration to whether
a foreign government--
`(1) has engaged in or tolerated particularly severe violations of women's
rights, as defined in section 3 of the International Women's Freedom Act
of 2011; or
`(2) has failed to undertake serious and sustained efforts to combat particularly
severe violations of women's rights when such efforts could have been reasonably
undertaken.'.
SEC. 423. EXPORTS OF CERTAIN ITEMS USED IN PARTICULARLY SEVERE VIOLATIONS
OF WOMEN'S RIGHTS.
(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 6(n) of the Export Administration Act
of 1979 (50 U.S.C. App. 2405(n)) (as continued in effect under the International
Emergency Economic Powers Act), or under any other provision of law, items
being exported or reexported to countries of particular concern for women's
rights that the Secretary of Commerce, with the concurrence of the Secretary
of State, and in consultation with appropriate officials including the Under
Secretary of State for Democracy and Global Affairs, 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 women's rights.
(b) Licensing Ban- The prohibition on the issuance of a license for export
of crime control and detection instruments or equipment under section 502B(a)(2)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(a)(2)) shall apply to
the export and reexport of any item included under subsection (a) on the list
of crime control instruments.
TITLE V--PROMOTION OF WOMEN'S RIGHTS
SEC. 501. ASSISTANCE FOR PROMOTING WOMEN'S RIGHTS.
(a) Findings- Congress makes the following findings:
(1) In many countries where severe violations of women's rights occur, there
is insufficient statutory legal protection for women, a lack of enforcement
of the law, or insufficient cultural and social understanding of international
norms of women's rights.
(2) Accordingly, in the provision of foreign assistance, the United States
should make a priority of promoting and developing legal protections and
enforcement, as well as cultural respect for women's rights.
(b) Allocation of Funds for Increased Promotion of Women's Rights- Section
116(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(e)) is amended
by inserting `and the rights of women' after `free religious belief and practice'.
SEC. 502. INTERNATIONAL BROADCASTING.
Section 303(a)(8) of the United States International Broadcasting Act of 1994
(22 U.S.C. 6202(a)(8)) is amended by inserting `and women's rights' after
`religion'.
SEC. 503. INTERNATIONAL EXCHANGES.
Section 102(b) of the Mutual Educational and Cultural Exchange Act of 1961
(22 U.S.C. 2452(b)) is amended--
(1) by striking `and' after paragraph (11);
(2) by striking the period at the end of paragraph (12) and inserting `;
and'; and
(3) by adding at the end the following:
`(13) promoting respect for and guarantees of women's rights abroad by interchanges
and visits between the United States and other nations of leaders, scholars,
and legal experts in the field of women's rights.'.
SEC. 504. FOREIGN SERVICE AWARDS.
(a) Performance Pay- Section 405(d) of the Foreign Service Act of 1980 (22
U.S.C. 3965(d)) is amended in the second sentence by inserting `and women's
rights' after `freedom of religion'.
(b) Foreign Service Awards- Section 614 of the Foreign Service Act of 1980
(22 U.S.C. 4013) is amended in the last sentence by inserting `and women's
rights,' after `freedom of religion'.
TITLE VI--REFUGEE, ASYLUM, AND CONSULAR MATTERS
SEC. 601. USE OF ANNUAL REPORT.
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 mistreatment on the grounds of gender. 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.
SEC. 602. REFUGEE TRAINING.
(a) Training for Foreign Service Officers- Section 708(b) of the Foreign Service
Act of 1980 (22 U.S.C. 4028(b)) is amended by striking `and on religious persecution'
and inserting `, on religious persecution, and on gender-based discrimination'.
(b) Consultation With Congress Concerning Admissions of Refugees-
(1) IN GENERAL- Section 207 of the Immigration and Nationality Act (8 U.S.C.
1157) is amended--
(A) in subsection (d)(1), in the first sentence, by inserting `, information
relating to gender-based discrimination against such refugees in their
countries of nationality or last habitual residence,' after `resettlement
during the fiscal year';
(i) in the matter preceding paragraph (1), by inserting `the Secretary
of State and' before `designated';
(ii) by redesignating paragraph (7) as paragraph (8); and
(iii) by inserting after paragraph (6) the following new paragraph:
`(7) A description of any gender-based discrimination experienced by such
refugees in their countries of nationality or last habitual residence.'.
(2) EFFECTIVE DATE- The amendments made by paragraph (1) shall take effect
beginning with the first fiscal year that begins after the date of the enactment
of this Act.
(c) Guidelines and Training for Officials Adjudicating Refugee Cases-
(1) IN GENERAL- Such section is further amended--
(A) in subsection (f), by adding at the end the following new paragraph:
`(3) The Secretary of Homeland Security, in consultation with the Secretary
of State, shall develop and implement training guidelines related to nondiscrimination
in the adjudication of such cases as a result of the gender, race, religion,
nationality, membership in a particular social group, or political opinion
of the alien applying to be admitted as a refugee under this section. Such
training guidelines shall be culturally sensitive and shall provide the officials
subject to such training with the tools to provide a nonbiased and nonadversarial
atmosphere for the purpose of adjudicating such cases.'; and
(B) by adding at the end the following new subsection:
`(g)(1) The Secretary of Homeland Security, in consultation with the Secretary
of State, shall promulgate regulations to ensure--
`(A) uniform procedures for the establishment of agreements between the
United States Government and designated entities and personnel responsible
for the preparation of refugee case files for use in refugee adjudications;
and
`(B) uniform procedures regarding the preparation of such files by such
entities and personnel.
`(2) Such regulations shall ensure that--
`(A) such files accurately reflect the information provided by the alien
seeking admission as a refugee under this section; and
`(B) such aliens are not disadvantaged or denied such admission as a result
of faulty case file preparation.'.
(2) EFFECTIVE DATE- The amendments made by paragraph (1) shall take effect
and apply with respect to aliens seeking admission as refugees under section
207 of the Immigration and Nationality Act (8 U.S.C. 1157) beginning with
the first fiscal year that begins after the date of the enactment of this
Act.
SEC. 603. REFORM OF ASYLUM POLICY.
(a) Language Translation Services-
(1) IN GENERAL- Section 208(d) of the Immigration and Nationality Act (8
U.S.C. 1158(d)) is amended by adding at the end the following new paragraph:
`(8) LANGUAGE TRANSLATION SERVICES-
`(A) IN GENERAL- The Secretary of Homeland Security, in consultation with
the Secretary of State, shall promulgate regulations that provide that
the United States does not use the language translation services of an
individual who demonstrates a bias or potential bias on the grounds of
gender, race, religion, nationality, membership in a particular social
group, or political opinion in connection with the giving of testimony
by an alien before the trier of fact under subsection (b)(1)(B) or an
asylum officer under section 235(b)(1)(B).
`(B) PROHIBITION ON ASSISTANCE BY CERTAIN INDIVIDUALS- The Secretary of
Homeland Security, in consultation with the Secretary of State, shall
promulgate regulations to provide that the United States does not use
the language translation services of an individual who is an interpreter
for or other employee of an airline owned by a country the government
of which the Secretary of Homeland Security, in consultation with the
Secretary of State, has determined has engaged in persecution on the grounds
of gender, race, religion, nationality, membership in a particular social
group, or political opinion in connection with the giving of testimony
by an alien before the trier of fact under subsection (b)(1)(B) or an
asylum officer under section 235(b)(1)(B).'.
(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall apply to the
use of language translation services after the date of the enactment of
this Act.
(b) Training for Officials- Section 208 of the Immigration and Nationality
Act (8 U.S.C. 1158) is amended by adding at the end the following new subsection:
`(f) Training for Officials- In addition to the training that is provided
to officers adjudicating asylum cases under this section and asylum officers
under section 235(b)(1)(E), the Secretary of Homeland Security, in consultation
with the Secretary of State, the Ambassador at Large for International Women's
Rights of the Department of State, the Director of the George P. Shultz National
Foreign Affairs Training Center (commonly referred to as the `Foreign Service
Institute'), and other appropriate officials, shall provide to such officers
training relating to the nature of gender-based discrimination in foreign
countries (including country-specific conditions), instruction concerning
internationally recognized women's rights, and information regarding state
sponsored and non-state sponsored applicable distinctions in a foreign country
between the treatment of men and women.'.
(c) Training for Immigration Judges Conducting Proceedings for Deciding the
Inadmissibility or Deportability of an Alien- Section 240 of the Immigration
and Nationality Act (8 U.S.C. 1229a) is amended by adding at the end the following
new subsection:
`(f) Training for Immigration Judges Conducting Proceedings for Deciding the
Inadmissibility or Deportability of an Alien- The Attorney General shall provide
to immigration judges training related to the nature of gender-based discrimination
in foreign countries (including country-specific conditions), instruction
concerning internationally recognized women's rights, and information regarding
state sponsored and non-state sponsored distinctions in a foreign country
between the treatment of men and women.'.
SEC. 604. INADMISSIBILITY OF FOREIGN GOVERNMENT OFFICIALS WHO HAVE ENGAGED
IN PARTICULARLY SEVERE VIOLATIONS OF WOMEN'S RIGHTS.
(a) Ineligibility for Visas and Admission to the United States- Section 212(a)(2)
of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by
adding at the end the following new subparagraph:
`(J) FOREIGN GOVERNMENT OFFICIALS WHO HAVE ENGAGED IN PARTICULARLY SEVERE
VIOLATIONS OF WOMEN'S RIGHTS- Any alien who, while serving as a foreign
government official, was responsible for or directly carried out, at any
time during the preceding 24-month period, particularly severe violations
of women's rights, as defined in section 3 of the International Women's
Freedom Act of 2011, and the spouse, son, or daughter, if any, of such
official, is inadmissible.'.
(b) Effective Date- The amendment made by subsection (a) shall apply to determinations
of admissibility made on or after the date of the enactment of this Act.
SEC. 605. STUDY ON THE EFFECT OF EXPEDITED REMOVAL PROVISIONS ON ASYLUM
CLAIMS.
(1) COMPTROLLER GENERAL- The Comptroller General of the United States shall
conduct a study alone or, upon request by the Commission under paragraph
(2), in cooperation with experts invited by the Commission, to determine
whether immigration officers (including asylum officers (as defined in section
235(b)(1)(E) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(E)))
performing duties under section 235(b) of such Act with respect to aliens
who may be eligible for asylum are engaging in any of the following conduct:
(A) Failing to inform an alien of the right to seek protection in the
United States if (s)he has any reason to fear persecution in his or her
home country.
(B) Encouraging aliens expressing a fear of gender-based persecution to
withdraw their applications for admission.
(C) Determining aliens are ineligible for asylum before referring 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
235(b)(1)(B)(v) of such Act).
(D) Incorrectly failing to keep complete records of a decision to enforce
expedited removal and an alien's reasons for the withdrawal of an asylum
application.
(E) Improperly using detention as a deterrent to an alien's pursuing an
asylum claim.
(F) Improperly detaining asylum seekers who establish a credible fear,
identity, community ties, and who do not pose a security risk.
(G) Improperly detaining asylum seekers in jail-like facilities where
staff is not given specific training on the special needs of asylum seekers.
(2) COMMISSION REQUEST FOR PARTICIPATION BY EXPERTS ON REFUGEE AND ASYLUM
ISSUES- The Commission may invite experts who are recognized for their expertise
and knowledge of refugee and asylum issues to cooperate with the Comptroller
General in carrying out paragraph (1).
(1) COMPTROLLER GENERAL- Not later than one year after the date of the enactment
of this Act, the Comptroller General of the United States shall submit to
the Committee on the Judiciary of the House of Representatives, the Committee
on the Judiciary of the Senate, the Committee on Foreign Affairs of the
House of Representatives, and the Committee on Foreign Relations of the
Senate a report containing the findings of the study conducted under subsection
(a). If the experts referred to in such subsection were involved in conducting
such study, the Comptroller General shall allow such experts to include
in the report a section setting forth their views and conclusions.
(2) EXPERTS- In the case of a Commission request under subsection (a)(2),
the experts invited by the Commission under such subsection may submit a
report to the committees described in paragraph (1). Such report may be
submitted with the Comptroller General's report under paragraph (1) or independently.
(c) Access to Proceedings-
(1) IN GENERAL- Except as provided in paragraph (2), to facilitate the completion
of the duties described in this section, the Comptroller General and the
experts, if any, referred to in subsection (a)(2) shall have unrestricted
access to all stages of all inspections of aliens for admission under section
235(b) of the Immigration and Nationality Act (8 U.S.C. 1225(b)).
(2) EXCEPTION- Paragraph (1) shall not apply with respect to the inspection
if--
(A) the alien concerned objects to such access; or
(B) the Secretary of Homeland Security determines that the security of
a particular proceeding would be threatened by such access, so long as
any restrictions on the access of experts invited by the Commission under
subsection (a)(2) do not contravene international law.
TITLE VII--MISCELLANEOUS PROVISIONS
SEC. 701. BUSINESS CODES OF CONDUCT.
(a) Congressional Finding- The 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 the 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 women's rights, as identified in the Annual Report, should adopt codes
of conduct--
(1) upholding the rights of their female employees; and
(2) ensuring that a worker's gender shall in no way affect, or be allowed
to affect, the status or terms of his or her employment.
END
