109th CONGRESS
2d Session
H. R. 6293
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
September 29, 2006
Mrs. MALONEY (for herself, Mr. LANTOS, and Ms. JACKSON-LEE of Texas) introduced
the following bill; which was referred to the Committee on International
Relations, and in addition to the Committees on Financial Services and 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 2006'.
(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. Studies relating to 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) The importance of women's equal rights is articulated in numerous
international instruments, including the Universal Declaration of Human
Rights, the International Covenant on Civil and Political Rights, the
Helsinki Accords, and the Charter of the United Nations.
(3) Article 1 of the Universal Declaration of Human Rights recognizes
that all human beings are born free and equal in dignity and rights. 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 that do particular violence to women's
rights, 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 without the permission
of a male relative, must wear particular clothing, must black out house
windows in public view, cannot obtain quality health education, have limited
access to health care because a male relative must be present or because
male doctors are not allowed to touch female patients. Some countries
also limit women's property rights and stunt women's economic opportunities.
The most brutal forms of women's rights violations include female genital
mutilation, sex trafficking and imprisonment of unmarried pregnant women.
(5) 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.
(6) 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.
(F) On October 10, 2003, First Lady Laura Bush said, `All of us have
an obligation to speak up and to speak out. We may come from different
backgrounds and faiths; but advancing human rights is the responsibility
of all humanity--a commitment shared by people of good will on every
continent. As we work to meet the challenges that women face at home
and abroad, our goal is simple: we seek women's full participation in
every dimension of life... Our dedication to advancing and protecting
women's rights in all countries must continue for a prosperous and stable
world. Without women, the goals of democracy and peace cannot be achieved.'.
(G) On October 18, 2004, First Lady Laura Bush said, `Empowered women
are vital to democracy. And this is even clearer to all of us today
as we look around the world and we see what happens in countries where
half of the population is left out. The struggle for human rights is
a story of ordinary people doing extraordinary things.'.
(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 guaranteed for men;
(B) restrictions, based on gender, on travel, work, attending educational
institutions, public transportation, or driving;
(C) forcing women to wear particular clothing not required for men;
(D) limiting access to health care and health education based on gender;
(E) denying voting rights based on gender; and
(F) 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(l) 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 arbitrary
prohibitions on, restrictions of, or punishment for--
(A) engaging in activities which are legal for men;
(B) leaving the home alone;
(C) obtaining an exit visa to depart the country without the permission
of a male relative;
(D) possession and distribution of literature pertaining to women's
rights;
(E) obtaining health care services without the consent of a male relative;
or
(F) other activities which are legal for men.
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.
2304(a)(1)) 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 section 202(e)(3) of the Immigration
and Nationality Act (as amended by section 603(b) of this Act), the
last sentence of section 708(a) of the Foreign Service Act of 1980
(as amended by section 602(a) of this Act), and sections 208(e) 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 207(g) 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 (10);
(B) by striking the period at the end of paragraph (11) and inserting
`; and'; and
(C) by adding at the end the following:
`(12) 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 2006).'.
(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 2006)'.
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: `After January 1, 2006, 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 Secretary 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 4 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:
`(l) 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 2006),
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 prior to September 1 of the respective
year.
(2) DETERMINATIONS OF RESPONSIBLE PARTIES- For the government of each
country designated as a country of particular concern for 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 prior to 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 Prior to 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), prior to implementing any such action.
(3) ELECTION OF NONDISCLOSURE OF NEGOTIATIONS TO PUBLIC- If negotiations
are undertaken or an agreement is concluded with a foreign government
regarding steps to cease the pattern of violations by that government,
and if public disclosure of such negotiations or agreement would jeopardize
the negotiations or the implementation of such agreement, as the case
may be, the President may refrain from disclosing such negotiations and
such agreement to the public, except that the President shall inform the
appropriate congressional committees of the nature and extent of such
negotiations and any agreement reached.
(c) Duty to Consult With Humanitarian Organizations- The President should
consult with appropriate humanitarian and religious organizations concerning
the potential impact of United States policies to promote 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 2006; 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 2006), 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 2006; 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:
`(l) 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 2006; 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, 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 nations where severe violations of women's rights occur, there
is insufficient statutory legal protection for women or there is 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
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:
`(e) 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
