109 HR 6293 IH: International Women’s Freedom
U.S. House of Representatives
2006-09-29
text/xml
EN
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1.Short title; table of
contents
(a)This Act may be cited
as the International Women’s Freedom
Act of 2006
.
(b)The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings; policy.
Sec. 3. Definitions.
Title I—Department of State Activities
Sec. 101. Office on International Women’s Rights; Ambassador at
Large for International Women’s Rights.
Sec. 102. Reports.
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.
Sec. 209. Termination.
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. 403. Consultations.
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.
2.
(a)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)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.
3.In this Act:
(1)The term Ambassador at Large
means the
Ambassador at Large for International Women's Rights appointed under section
101(b).
(2)The term Annual Report
means the Annual
Report on International Women's Rights described in section 102(b).
(3)Appropriate
congressional committeesThe 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)The term commensurate action
means action
taken by the President under section 405(b).
(5)The
term Commission
means the United States Commission on
International Women's Rights established in section 201(a).
(6)Country reports
on human rights practicesThe 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)The term Executive Summary
means the
Executive Summary to the Annual Report, as described in section
102(b)(1)(F).
(8)Government or
foreign governmentThe term government
or
foreign government
includes any agency or instrumentality of the
government.
(9)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)The
term Office
means the Office on International Women's Rights
established in section 101(a).
(11)Particularly
severe violations of women's rightsThe 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)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 rightsThe 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.
<enum>I</enum><header>Department of
State Activities</header>
<section id="HFD85B896879E413DB800AB940715DD24"><enum>101.</enum><header>Office on
International Women’s Rights; Ambassador at Large for International Women’s
Rights</header>
<subsection id="HB8500A89BC5643028E61C308758EEEDF"><enum>(a)</enum><header>Establishment of
office</header><text>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).</text>
</subsection><subsection id="H05C82FD678964A2AA12FF54E6D9FE466"><enum>(b)</enum><header>Appointment</header><text>The
Ambassador at Large shall be appointed by the President, by and with the advice
and consent of the Senate.</text>
</subsection><subsection id="H95BA1F0F8A2344EBA81F4DB9E06BC638"><enum>(c)</enum><header>Duties</header><text>The
Ambassador at Large shall have the following responsibilities:</text>
<paragraph id="HB6834BDA674744CF0091E32419031E97"><enum>(1)</enum><header>In
general</header><text>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.</text>
</paragraph><paragraph id="HF9E2A3BAFD4A443D888E4B49CC68CDC6"><enum>(2)</enum><header>Advisory
role</header><text>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—</text>
<subparagraph id="HE8D8399370C940A185007C1000D401BB"><enum>(A)</enum><text>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</text>
</subparagraph><subparagraph id="HA649371FEC1C4D7E9E6ED4E6EBC46E17"><enum>(B)</enum><text>policies to
advance women’s rights abroad.</text>
</subparagraph></paragraph><paragraph id="H0441263C1D3E4ED584DCDF8C4729B058"><enum>(3)</enum><header>Diplomatic
representation</header><text>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—</text>
<subparagraph id="HFFF250F6FEDC48C88C53FCE9070993BF"><enum>(A)</enum><text>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</text>
</subparagraph><subparagraph id="HB1E640AFCF8B4E109C8E3C3BA2E98FE8"><enum>(B)</enum><text>multilateral
conferences and meetings relevant to women’s rights abroad.</text>
</subparagraph></paragraph><paragraph id="H99F90631F30E45AA003BD9486BA3243"><enum>(4)</enum><header>Reporting
responsibilities</header><text>The Ambassador at Large shall have the reporting
responsibilities described in section 102.</text>
</paragraph><paragraph id="H9AC90C29D6874A2789EB84E844776535"><enum>(5)</enum><header>Senior
coordinator for international women’s issues</header><text>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.</text>
</paragraph></subsection><subsection id="HDB20CD23FE1F406285AAF7CB5AE1600"><enum>(d)</enum><header>Funding</header><text>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.</text>
</subsection></section><section id="HE65E5D9F547842C7AB01F6C9CE896277"><enum>102.</enum><header>Reports</header>
<subsection id="H7B68B169445D425FA772AA379BC09E5B"><enum>(a)</enum><header>Portions of
annual human rights reports</header><text>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 (<external-xref legal-doc="usc" parsable-cite="usc/22/2304">22 U.S.C. 2304(a)(1)</external-xref>) that
relate to the right to freedom from discrimination based on sex.</text>
</subsection><subsection id="H5A1D08EDA1014804B60060E3803C4087"><enum>(b)</enum><header>Annual report on
international women’s rights</header>
<paragraph id="H4B939EC1EB13445C97CE7571101EE1BB"><enum>(1)</enum><header>Deadline for
submission</header><text>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:</text>
<subparagraph id="H4D7CE89062D3449597A6F55548DE0458"><enum>(A)</enum><header>Status of
women’s rights</header><text>A description of the status of women’s rights in
each foreign country, including—</text>
<clause id="HC4D5AFE18C9A4ED4BD510409B922F332"><enum>(i)</enum><text>trends toward
improvement in the respect and protection of women’s rights and trends toward
deterioration of such rights;</text>
</clause><clause id="H3A78BDD7E9F34CF48C58997BC6F87C33"><enum>(ii)</enum><text>violations of
women’s rights engaged in or tolerated by the government of that country;
and</text>
</clause><clause id="H11B63BFC1F0E4B7682D95F006566209F"><enum>(iii)</enum><text>particularly
severe violations of women’s rights engaged in or tolerated by the government
of that country.</text>
</clause></subparagraph><subparagraph id="H4968F23083964DC98F3DFB004BB45473"><enum>(B)</enum><header>Violations of
women’s rights</header><text>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.</text>
</subparagraph><subparagraph id="H9523D2016DBB4FA48C18E8DCA8DFA5E8"><enum>(C)</enum><header>United states
policies</header><text>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.</text>
</subparagraph><subparagraph id="H071A163CFB8642B989DDE1D18C12CDD"><enum>(D)</enum><header>International
agreements in effect</header><text>A description of any binding agreement with
a foreign government entered into by the United States under section 401(b) or
402(c).</text>
</subparagraph><subparagraph id="H88DD3939449B40CA91E3450000667238"><enum>(E)</enum><header>Training and
guidelines of government personnel</header><text>A description of—</text>
<clause id="H022A701223C042329CC204B376BF5756"><enum>(i)</enum><text>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</text>
</clause><clause id="H00A72F14E82243DD97397EA3E9A6FE87"><enum>(ii)</enum><text>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).</text>
</clause></subparagraph><subparagraph id="H0DDFEB098A994A77B062F100AB40BF1C"><enum>(F)</enum><header>Executive
summary</header><text>An executive summary to the annual report highlighting
the status of women’s rights in certain foreign countries and including the
following:</text>
<clause id="H33F245F0A500489C8FE95580AB927EFA"><enum>(i)</enum><header>Countries in
which the United States is actively promoting women’s rights</header><text>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.</text>
</clause><clause id="HF647B73D8C894CFDB008C6C321B4295B"><enum>(ii)</enum><header>Countries of
significant improvement in women’s rights</header><text>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.</text>
</clause></subparagraph></paragraph><paragraph id="H5B6D8F50B47746B1A6F8D460F77DCC1E"><enum>(2)</enum><header>Classified
addendum</header><text>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.</text>
</paragraph></subsection><subsection id="H2F2026E5510848C5BAC78CE033D62850"><enum>(c)</enum><header>Preparation of
reports regarding violations of women’s rights</header>
<paragraph id="HD7E88BE246C4410582EAEE6DFB04C125"><enum>(1)</enum><header>Standards and
investigations</header><text>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.</text>
</paragraph><paragraph id="H84C9E729110E48EEBC7C02B923BF9423"><enum>(2)</enum><header>Contacts with
nongovernmental organizations</header><text>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.</text>
</paragraph></subsection><subsection id="H6B7CA03D11D248918E3776006CD21072"><enum>(d)</enum><header>Amendments to
the Foreign Assistance Act of 1961</header>
<paragraph id="HDC516517F2C04FBFBD375C8E6812D667"><enum>(1)</enum><header>Content of human
rights reports for countries receiving economic
assistance</header><text>Section 116(d) of the Foreign Assistance Act of 1961
(<external-xref legal-doc="usc" parsable-cite="usc/22/2151n">22 U.S.C. 2151n(d)</external-xref>) is amended—</text>
<subparagraph id="H110B658D2E9047C2B1D2954BB2ECBE8E"><enum>(A)</enum><text>by striking
<quote>and</quote> at the end of paragraph (10);</text>
</subparagraph><subparagraph id="H6256FC87941C48B9859C2060CE35B6F"><enum>(B)</enum><text>by striking the
period at the end of paragraph (11) and inserting <quote>; and </quote>;
and</text>
</subparagraph><subparagraph id="H6650AEF1A3124205AD2C60D4DB80A9D"><enum>(C)</enum><text>by adding at the
end the following:</text>
<quoted-block id="H93A8270226C34499AA2E79A43B45F7DA" style="OLC">
<paragraph id="H64EC782E2B8B4C56883F543D6200CF45"><enum>(12)</enum><text>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).</text>
</paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</subparagraph></paragraph><paragraph id="H39A7AA4EFA8D40E7A2CB724F22E0449"><enum>(2)</enum><header>Contents of human
rights reports for countries receiving security
assistance</header><text>Section 502B(b) of the Foreign Assistance Act of 1961
(<external-xref legal-doc="usc" parsable-cite="usc/22/2304">22 U.S.C. 2304(b)</external-xref>) is amended—</text>
<subparagraph id="H3D8B5BF4CAA94D99AEF695AA3BEABB9"><enum>(A)</enum><text>in the first
sentence, by inserting <quote>and the Ambassador at Large for International
Women’s Rights</quote> after <quote>Religious Freedom</quote>; and</text>
</subparagraph><subparagraph id="H39C7972E8EB14C4BBD82C867B6237575"><enum>(B)</enum><text>in the fourth
sentence by inserting after <quote>1998)</quote> the following: <quote>, 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)</quote>.</text>
</subparagraph></paragraph></subsection></section><section id="H6B896E378EA54A7F93640057A945DD4B"><enum>103.</enum><header>Establishment
of a women’s rights internet site</header><text display-inline="no-display-inline">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.</text>
</section><section id="H08525FCC7DFC4182AB3206AF92652CF"><enum>104.</enum><header>Training for
foreign service officers</header><text display-inline="no-display-inline">Section 708(a) of the Foreign Service Act of
1980 (<external-xref legal-doc="usc" parsable-cite="usc/22/4028">22 U.S.C. 4028(a)</external-xref>) is amended by adding at the end the following:
<quote>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.</quote>.</text>
</section><section id="HFC31AEE2F927485E8FD814C5734B411C"><enum>105.</enum><header>High-level
contacts with nongovernmental organizations</header><text display-inline="no-display-inline">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.</text>
</section><section id="H4EC8785AC0D444CEA576E6CEAD7DF2D6"><enum>106.</enum><header>Programs and
allocations of funds by United States missions abroad</header><text display-inline="no-display-inline">It is the sense of the Congress that—</text>
<paragraph id="HD16C01EE18444190BB02238EF652D148"><enum>(1)</enum><text>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</text>
</paragraph><paragraph id="H69DE3CF5BC4A4D2B9F4EFD69D487F42E"><enum>(2)</enum><text>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.</text>
</paragraph></section><section id="H51D68F5E420240CBBA8F22987FDE151F"><enum>107.</enum><header>Prisoner lists
and issue briefs on women’s rights concerns</header>
<subsection id="H8A014268A9F5455C9CCC7655D1ED79DD"><enum>(a)</enum><header>Sense of the
congress</header><text>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.</text>
</subsection><subsection id="HB93A4D01BDFA4497B2D0D7DFB816CD03"><enum>(b)</enum><header>Prisoner lists
and issue briefs on women’s rights concerns</header><text>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.</text>
</subsection><subsection id="H20E36B6A8D974AEAA15D601008A5C524"><enum>(c)</enum><header>Availability of
information</header><text>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.</text>
</subsection></section><enum>II</enum><header>Commission on
International Women’s Rights</header>
<section id="H77279A151AE04574B2389EB6D8D7BC48"><enum>201.</enum><header>Establishment
and composition</header>
<subsection id="H757AA8F098D34F1486F781274E280763"><enum>(a)</enum><header>In
general</header><text>There is established the United States Commission on
International Women’s Rights.</text>
</subsection><subsection id="H7BEADE99B22643F4A5F777C463476C94"><enum>(b)</enum><header>Membership</header>
<paragraph id="HF8F103EFBB0D409DBDB174E58596186B"><enum>(1)</enum><header>Appointment</header><text>The
Commission shall be composed of—</text>
<subparagraph id="H00206C9C64074B4B9F179F772F5FD142"><enum>(A)</enum><text>the Ambassador at
Large, who shall serve ex officio as a nonvoting member of the Commission;
and</text>
</subparagraph><subparagraph id="H04F7218E1C564D01BC0461720007309D"><enum>(B)</enum><text>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:</text>
<clause id="H478ABA4668E744909E158142C7D8EEC9"><enum>(i)</enum><text>Three members of
the Commission shall be appointed by the President.</text>
</clause><clause id="HDCA7EB57F2A747C887C89D6001DC1D"><enum>(ii)</enum><text>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.</text>
</clause><clause id="H3C12E8919E0B49008677431F9BE1A9EA"><enum>(iii)</enum><text>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.</text>
</clause></subparagraph></paragraph><paragraph id="HBD09A9B1FE0E4A2186420068CCCEAEA5"><enum>(2)</enum><header>Selection</header>
<subparagraph id="H61E57B9BA8154FB0AAB587D615543C74"><enum>(A)</enum><header>In
general</header><text>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.</text>
</subparagraph><subparagraph id="HED48F50E4DEF431E000300901FB468FE"><enum>(B)</enum><header>Security
clearances</header><text>Each member of the Commission shall be required to
obtain a security clearance.</text>
</subparagraph></paragraph><paragraph id="H74867AB787214F6EABE3F329BF5A500"><enum>(3)</enum><header>Time of
appointment</header><text>The appointments required by paragraph (1) shall be
made not later than 120 days after the date of the enactment of this
Act.</text>
</paragraph></subsection><subsection id="H1EFCA384FAF54E2300A7D4C7085FB8CF"><enum>(c)</enum><header>Terms</header><text>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.</text>
</subsection><subsection id="HE8326C8E380541A2B3E4CD3F9F1BDBF2"><enum>(d)</enum><header>Election of
chairperson</header><text>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.</text>
</subsection><subsection id="HB0807F4AD40D4A55BFE9F925E99460A"><enum>(e)</enum><header>Quorum</header><text>Six
voting members of the Commission shall constitute a quorum for purposes of
transacting business.</text>
</subsection><subsection id="HAE4FF7734A144F6C81CA61444C263095"><enum>(f)</enum><header>Meetings</header><text>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.</text>
</subsection><subsection id="HA410E14CEEFD472A9FAEABDC195B22"><enum>(g)</enum><header>Vacancies</header><text>Any
vacancy of the Commission shall not affect its powers, but shall be filled in
the manner in which the original appointment was made.</text>
</subsection><subsection id="H9BE47BFE30934F3B84B7482C5F9CD495"><enum>(h)</enum><header>Administrative
support</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="HBA458B75851C497BA5BA46F832004EC6"><enum>(i)</enum><header>Funding</header><text>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 <external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/5/57">chapter 57</external-xref> of title 5, United States Code, while away from their homes or
regular places of business in the performance of services for the
Commission.</text>
</subsection></section><section id="HC0685CAF32004316BC00F71902DD2663"><enum>202.</enum><header>Duties of the
Commission</header>
<subsection id="HB695C6DB33E94CC4BD2744E78519B198"><enum>(a)</enum><header>In
general</header><text>The Commission shall have as its primary
responsibility—</text>
<paragraph id="H0D84D19B654B4ADFA3204E75F4A8E6E"><enum>(1)</enum><text>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</text>
</paragraph><paragraph id="H162E2360856B42738BB51844001D53BB"><enum>(2)</enum><text>the making of
policy recommendations to the President, the Secretary of State, and the
Congress with respect to matters involving international women’s rights.</text>
</paragraph></subsection><subsection id="HC51742A0C5FE4CF19F31BE7788985FE8"><enum>(b)</enum><header>Policy review
and recommendations in response to violations</header><text>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.</text>
</subsection><subsection id="HED856DCD83A04F69B9A0BF1E54C448A4"><enum>(c)</enum><header>Policy review
and recommendations in response to progress</header><text>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.</text>
</subsection><subsection id="H79930F579A7949C2953D03D949B37D63"><enum>(d)</enum><header>Effects on
women</header><text>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.</text>
</subsection><subsection id="H3B38DCB34B6B49C090DA4F2C00968D40"><enum>(e)</enum><header>Monitoring</header><text>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.</text>
</subsection></section><section id="H1B897849BA274F6CA9B435ABD066E325"><enum>203.</enum><header>Powers of the
commission</header>
<subsection id="H104C4A4139914B5B8035A1B0AF6CB8EF"><enum>(a)</enum><header>Hearings and
sessions</header><text>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.</text>
</subsection><subsection id="H88FBE6940ED445F2AF40945EF896FCC"><enum>(b)</enum><header>Information from
federal agencies</header><text>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.</text>
</subsection><subsection id="H27265635842946F6BB4FB7919BDFD8F8"><enum>(c)</enum><header>Postal
services</header><text>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.</text>
</subsection><subsection id="H1C34BDA27A66451A9CC7174459DCF8B"><enum>(d)</enum><header>Administrative
procedures</header><text>The Commission may adopt such regulations relating to
administrative procedure as may be reasonably necessary to enable it to carry
out this title.</text>
</subsection><subsection id="H32B3851A35604F46837BCBCEC7BE418"><enum>(e)</enum><header>Views of the
commission</header><text>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.</text>
</subsection><subsection id="H77E02B572F2F4C499E7CDEEDC9F95B6"><enum>(f)</enum><header>Travel</header><text>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.</text>
</subsection></section><section id="H8028B174EDFC4A8AB663534DE18237F1"><enum>204.</enum><header>Commission
personnel matters</header>
<subsection id="HC007FA1098EE456280DC1B1050B8ED2"><enum>(a)</enum><header>In
general</header><text>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.</text>
</subsection><subsection id="HC9FD0D1982324047B6BCDF3DF8D3291"><enum>(b)</enum><header>Compensation</header><text>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
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/5/53">chapter 53</external-xref> 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.</text>
</subsection><subsection id="H47A7CD9640FC41FDA95EB6D95FAFD33"><enum>(c)</enum><header>Professional
staff</header><text>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.</text>
</subsection><subsection id="HF99DBCF2A9604224AD47E0C0EC48DC2B"><enum>(d)</enum><header>Staff and
services of other federal agencies</header>
<paragraph id="H3C1EEF1D7CEA431B803112EA00C587BE"><enum>(1)</enum><header>Department of
state</header><text>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.</text>
</paragraph><paragraph id="HF721DB3CEA3740DA83CDBD062FB2B1DA"><enum>(2)</enum><header>Other federal
agencies</header><text>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.</text>
</paragraph></subsection><subsection id="HE4A00C1AF5774518BE00F6C345B7001F"><enum>(e)</enum><header>Security
clearances</header><text>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.</text>
</subsection><subsection id="HCD5B6B8ADC884D48B42FCC192739A8FB"><enum>(f)</enum><header>Cost</header><text>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.</text>
</subsection></section><section id="H9071FC9550D148CA0000EFB5DB44E172"><enum>205.</enum><header>Reports of the
Commission</header>
<subsection id="H3EF315D703E643349984633B093D1064"><enum>(a)</enum><header>In
general</header><text>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.</text>
</subsection><subsection id="HA1303AC4210B41EA9196CCFBC37A7AA"><enum>(b)</enum><header>Classified form
of report</header><text>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.</text>
</subsection><subsection id="HC5DDAEBBAA7D4FC8941123F677E063A3"><enum>(c)</enum><header>Individual or
dissenting views</header><text>Each member of the Commission may include the
individual or dissenting views of the member.</text>
</subsection><subsection id="H07A53A356DF04411BDF4664A6263F3F"><enum>(d)</enum><header>Financial
report</header><text>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.</text>
</subsection></section><section id="H3630911D15404BBEA4BF8399EEF7D067"><enum>206.</enum><header>Applicability
of other laws</header><text display-inline="no-display-inline">The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.</text>
</section><section id="HBE7A2AEE6B7F458D00C9EE60B07D9E0"><enum>207.</enum><header>Standards of
conduct and disclosure</header>
<subsection id="H1E43AA0629974A39BD35EAE9EC055562"><enum>(a)</enum><header>Cooperation with
nongovernmental organizations, the Department of State, and
congress</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="H8EBEBC53C0C54BA9AD1FB74776FB09C0"><enum>(b)</enum><header>Conflict of
interest and antinepotism</header>
<paragraph id="HA5603233B1E346E381E600DD9C2C98A8"><enum>(1)</enum><header>Member
affiliations</header><text>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.</text>
</paragraph><paragraph id="H96D74E2121AD44C1B2844BC0CBEF88E4"><enum>(2)</enum><header>Staff
compensation</header><text>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.</text>
</paragraph><paragraph id="HBB1A4F3CC9E84EAC9DEB72FCFF56638F"><enum>(3)</enum><header>Exception</header>
<subparagraph id="H65C95718E5F14F7EA1E8066CBD3266D"><enum>(A)</enum><header>In
general</header><text>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.</text>
</subparagraph><subparagraph id="HE1D47D69169245D0ABED37A4A0A4DBD7"><enum>(B)</enum><header>Limitation</header><text>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.</text>
</subparagraph></paragraph><paragraph id="H90C4DDC42D804B4CA77EC1FAEBFFE7C2"><enum>(4)</enum><header>Definitions</header><text>In
this subsection, the term <quote>affiliated</quote> means the relationship
between a member of the Commission and—</text>
<subparagraph id="H659E8BD1711D4A28B3BFF53BAF1D0591"><enum>(A)</enum><text>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</text>
</subparagraph><subparagraph id="H341A8BE917EA486380A81E26587C9416"><enum>(B)</enum><text>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.</text>
</subparagraph></paragraph></subsection><subsection id="H542696852FEC46FC958664629F4FAA92"><enum>(c)</enum><header>Contract
authority</header>
<paragraph id="H358BAFF932364302AA67C8EBE7F3CAB7"><enum>(1)</enum><header>In
general</header><text>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 <external-xref legal-doc="usc" parsable-cite="usc/5/3109">section 3109(b)</external-xref> of title 5,
United States Code, or under other contracting authority other than that
allowed under this title.</text>
</paragraph><paragraph id="HA051A22E53424AB389B30034515DEB79"><enum>(2)</enum><header>Expert
study</header><text>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.</text>
</paragraph></subsection><subsection id="H570FFC25D98B440FA3690234419B06D0"><enum>(d)</enum><header>Gifts</header>
<paragraph id="HEB23A2F76E92497192BF1725F4D140B0"><enum>(1)</enum><header>In
general</header><text>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.</text>
</paragraph><paragraph id="HD789295399A04F428E452E70F321CA3F"><enum>(2)</enum><header>Exceptions</header><text>This
subsection shall not apply to the following:</text>
<subparagraph id="H6D1808C7DAC74F4AAC9B75FF1C8CF4A6"><enum>(A)</enum><text>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.</text>
</subparagraph><subparagraph id="H6E6964A0C3104BD18CEFB04265C1BCB"><enum>(B)</enum><text>Gifts provided on
the basis of a family relationship.</text>
</subparagraph><subparagraph id="H147B50C226F14DCCA73D12D859050D7"><enum>(C)</enum><text>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.</text>
</subparagraph><subparagraph id="HF26108BBA3B345AC8093B1116D12789"><enum>(D)</enum><text>Items of nominal
value or gifts of estimated value of $10 or less.</text>
</subparagraph><subparagraph id="HCF3E9A251175431BA66045B424E72851"><enum>(E)</enum><text>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.</text>
</subparagraph><subparagraph id="H39C59A9ED40C4B3CAAAB746CB052E9B0"><enum>(F)</enum><text>Informational
materials such as documents, books, videotapes, periodicals, or other forms of
communications.</text>
</subparagraph><subparagraph id="H9C40F081DE6D4D2F94829E9D5FFFFACB"><enum>(G)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph></paragraph></subsection></section><section id="HCBBED9C0263342C8889D64C557D1A6C"><enum>208.</enum><header>Authorization of
appropriations</header>
<subsection id="H4782BA8C5E16473A9006CE6EA5280606"><enum>(a)</enum><header>In
general</header><text>There are authorized to be appropriated to the Commission
such sums as may be necessary to carry out this title.</text>
</subsection><subsection id="H4FA7279146544B84855CB1B68E456403"><enum>(b)</enum><header>Availability of
funds</header><text>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.</text>
</subsection></section><section id="HF4D577EE4FFB4ACE81A30736D4EC1181"><enum>209.</enum><header>Termination</header><text display-inline="no-display-inline">The Commission shall terminate 4 years after
the date of the initial appointment of all of the members of the
Commission.</text>
</section><enum>III</enum><header>National
Security Council</header>
<section id="H85B8AD3ED042493590A58EA755855894"><enum>301.</enum><header>Special Adviser
on International Women’s Rights</header><text display-inline="no-display-inline">Section 101 of the National Security Act of
1947 (<external-xref legal-doc="usc" parsable-cite="usc/50/402">50 U.S.C. 402</external-xref>) is amended by adding at the end the following new
subsection:</text>
<quoted-block id="H4348261E7162430CA0A85BE1103FA59C" style="OLC">
<subsection id="H85418ACA8F95460881FBB5705C4233F"><enum>(l)</enum><text>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.</text>
</subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</section><enum>IV</enum><header>Presidential
Actions</header>
<subtitle id="HBC960628B68F4E05BF5B016CC9B0F499"><enum>A</enum><header>Targeted Responses
to Violations of Women’s Rights Abroad</header>
<section id="HD67FD0DC08C6441685C4C63100586D2F"><enum>401.</enum><header>Presidential
actions in response to violations of women’s rights</header>
<subsection id="H64FD1AB7E3D740F09656CE5911459F99"><enum>(a)</enum><header>Response to
violations of women’s rights</header>
<paragraph id="HAEFA135B2D6C4E69B79218D8EC270200"><enum>(1)</enum><header>In
general</header>
<subparagraph id="H0284FBFE32E44A149000A32EDE2292AE"><enum>(A)</enum><header>United states
policy</header><text>It shall be the policy of the United States—</text>
<clause id="H776714FA3D634094BF1E2DB5FF1DDF5E"><enum>(i)</enum><text>to
oppose violations of women’s rights that are or have been engaged in or
tolerated by the governments of foreign countries; and</text>
</clause><clause id="H09DFB06A50BA419A94B00AA812CE0B6"><enum>(ii)</enum><text>to
promote women’s rights in those countries through the actions described in
subsection (b).</text>
</clause></subparagraph><subparagraph id="HE9DD8220DE014D289C18137D3157BF64"><enum>(B)</enum><header>Requirement of
Presidential action</header><text>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).</text>
</subparagraph></paragraph><paragraph id="H8ACEE64D9A6C46E8B100C533EC66DF8F"><enum>(2)</enum><header>Basis of
actions</header><text>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.</text>
</paragraph></subsection><subsection id="H9D35FE2E55404CB9008009ACC05D73C8"><enum>(b)</enum><header>Presidential
actions</header>
<paragraph id="HE2C863DF0DEF4DEA94AD8C798108DE87"><enum>(1)</enum><header>In
general</header><text>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—</text>
<subparagraph id="H8A8099059C234DBCBAD6CD30FF68F7B7"><enum>(A)</enum><text>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</text>
</subparagraph><subparagraph id="H4B86A86EC1F54513BF7C4D00AAE7B4C2"><enum>(B)</enum><text>negotiate and
enter into a binding agreement with the government of that country, as
described in section 405(c).</text>
</subparagraph></paragraph><paragraph id="H53D0469635E741B1BE00BEE01EE56FAF"><enum>(2)</enum><header>Deadline for
actions</header><text>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)—</text>
<subparagraph id="HCFF3F078C4D245DFA914A5E8E148AD9"><enum>(A)</enum><text>the action may only
be taken after the requirements of sections 403 and 404 have been satisfied;
and</text>
</subparagraph><subparagraph id="HFBEF6AE3EEF84A6A85F3DD5C26AD2F88"><enum>(B)</enum><text>the September 1
limitation shall not apply.</text>
</subparagraph></paragraph><paragraph id="H188041BAD0A248F28C1FE72DAD1CE685"><enum>(3)</enum><header>Authority for
delay of Presidential actions</header><text>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)—</text>
<subparagraph id="H063912DDAD064E9198F8385CAA287163"><enum>(A)</enum><text>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</text>
</subparagraph><subparagraph id="H616AF66715254420A488536CBD3D3D00"><enum>(B)</enum><text>only until the
expiration of that additional period.</text>
</subparagraph></paragraph></subsection><subsection id="H4023D273E92F47C69B333E5F5975B3A0"><enum>(c)</enum><header>Implementation</header>
<paragraph id="H1B2BFE9ADF0F4F68B2046E261BBEDE08"><enum>(1)</enum><header>In
general</header><text>In carrying out subsection (b), the President
shall—</text>
<subparagraph id="HE2E4EA20BB5C4238ACA43220A230250"><enum>(A)</enum><text>take the action or
actions that most appropriately respond to the nature and severity of the
violations of women’s rights;</text>
</subparagraph><subparagraph id="HAD018C083BF34E9D00F1B543B80086F9"><enum>(B)</enum><text>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</text>
</subparagraph><subparagraph id="H49C81BEE99A64A23B8FA7D856B25D088"><enum>(C)</enum><text>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.</text>
</subparagraph></paragraph><paragraph id="H2D44AFA653C94873995F40186F2064BD"><enum>(2)</enum><header>Guidelines for
Presidential actions</header><text>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—</text>
<subparagraph id="HF9F9753D932D4300AC668F5FF181AA3B"><enum>(A)</enum><text>the population of
the country whose government is targeted by the Presidential action or actions;
and</text>
</subparagraph><subparagraph id="H2E40E60ACAF0412496ECC590A960214"><enum>(B)</enum><text>the humanitarian
activities of United States and foreign nongovernmental organizations in that
country.</text>
</subparagraph></paragraph></subsection></section><section id="H075A06810138473E00C3E7CFB7C6A2AD"><enum>402.</enum><header>Presidential
actions in response to particularly severe violations of women’s
rights</header>
<subsection id="HB2B32991F6F145BD901023B14FF2DDCD"><enum>(a)</enum><header>Response to
particularly severe violations of women’s rights</header>
<paragraph id="HA9770D132CFA4ACF90F7F3DA840286A"><enum>(1)</enum><header>United states
policy</header><text>It shall be the policy of the United States—</text>
<subparagraph id="H5276C25AC13F4579852E006991B4E543"><enum>(A)</enum><text>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</text>
</subparagraph><subparagraph id="H8044A823259A4C7780B682B6589D9CD1"><enum>(B)</enum><text>to promote the
rights of women in those countries through the actions described in subsection
(c).</text>
</subparagraph></paragraph><paragraph id="H404E68CCB9B14A1A96DBE16BFC00C2D"><enum>(2)</enum><header>Requirement of
Presidential action</header><text>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).</text>
</paragraph></subsection><subsection id="H51B6345A8F93481CA38D1B5741291CE1"><enum>(b)</enum><header>Designations of
countries of particular concern for women’s rights</header>
<paragraph id="H2DE4D6E0A56B4B4FBEB846FE21AD7371"><enum>(1)</enum><header>Annual
review</header>
<subparagraph id="H292F1393AC584A0698B5658012841D97"><enum>(A)</enum><header>In
general</header><text>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.</text>
</subparagraph><subparagraph id="H47C07F2132D9496E9BD893E6B847D077"><enum>(B)</enum><header>Basis of
review</header><text>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.</text>
</subparagraph><subparagraph id="HA397ABC383114054A2D63D7912AAD692"><enum>(C)</enum><header>Implementation</header><text>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.</text>
</subparagraph></paragraph><paragraph id="H627FDC5F24C54DE8A839B46026699CFC"><enum>(2)</enum><header>Determinations
of responsible parties</header><text>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.</text>
</paragraph><paragraph id="H49F90FA96C8845B6B8C93DA9023100E5"><enum>(3)</enum><header>Congressional
notification</header><text>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—</text>
<subparagraph id="HC9E08D81E46C4CE4A21CEF6B2E360849"><enum>(A)</enum><text>the designation of
the country, signed by the President; and</text>
</subparagraph><subparagraph id="H1C43F090D8C348C388DB9DB3A2C6F7B"><enum>(B)</enum><text>the identification,
if any, of responsible parties determined under paragraph (2).</text>
</subparagraph></paragraph></subsection><subsection id="H5F6493595A4F4C48901191BDDBD56CD1"><enum>(c)</enum><header>Presidential
actions with respect to countries of particular concern for women’s
rights</header>
<paragraph id="H26200F66A83B41829E93093F5CAEAFD"><enum>(1)</enum><header>In
general</header><text>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):</text>
<subparagraph id="HFDB98BC8DE2848B0BB524395F329BBF4"><enum>(A)</enum><header>Presidential
actions</header><text>One or more of the Presidential actions described in
paragraphs (9) through (15) of section 405(a), as determined by the
President.</text>
</subparagraph><subparagraph id="H11D8E76C4E924901849311A6436077E3"><enum>(B)</enum><header>Commensurate
actions</header><text>Commensurate action in substitution for any action
described in subparagraph (A).</text>
</subparagraph></paragraph><paragraph id="H9972488075754BE0B78508A2EE7F212C"><enum>(2)</enum><header>Substitution of
binding agreements</header>
<subparagraph id="HFE210A27965E45AD00788B0171BF6E57"><enum>(A)</enum><header>In
general</header><text>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.</text>
</subparagraph><subparagraph id="HC5D03964159443EBAE0000A0ADDFDEA6"><enum>(B)</enum><header>Statutory
construction</header><text>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.</text>
</subparagraph></paragraph><paragraph id="HF240115173254B9F97DE176E13FDAD16"><enum>(3)</enum><header>Authority for
delay of Presidential actions</header><text>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—</text>
<subparagraph id="H9CC0E43C0C5D455A8D85734F743D6C4D"><enum>(A)</enum><text>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,</text>
</subparagraph><subparagraph id="H1121AAFDFC4C42FA8FB65621953F043"><enum>(B)</enum><text>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</text>
</subparagraph><subparagraph id="H8FBA67EBD22C4296BE741623CA6D3C23"><enum>(C)</enum><clause commented="no" display-inline="yes-display-inline" id="H46482DD078024902BA9BB28ED5736E88"><enum>(i)</enum><text>for a review of
corrective action taken by the foreign country after designation of that
country as a country of particular concern, or</text>
</clause><clause id="HBA03695B623749DC8D28FA2007AE7104" indent="up1"><enum>(ii)</enum><text>in anticipation that corrective
action will be taken by the foreign country during that additional period of
time,</text>
</clause><continuation-text continuation-text-level="subparagraph">then the
President shall not be required to take action until the expiration of that
additional period of time.</continuation-text></subparagraph></paragraph><paragraph id="HDA5B2D3FC9234139AA6507F683CD002"><enum>(4)</enum><header>Exception for
ongoing Presidential action under this Act</header><text>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—</text>
<subparagraph id="H24288E86732549D6857DEBE223E5A795"><enum>(A)</enum><text>the President has
taken action pursuant to this Act in a preceding year;</text>
</subparagraph><subparagraph id="HF3D2777A29AB4D23AA00F3493C219300"><enum>(B)</enum><text>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</text>
</subparagraph><subparagraph id="H4E419EFCCA1E479593CB00678EC0B461"><enum>(C)</enum><text>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.</text>
</subparagraph></paragraph><paragraph id="H3D48670FAF8A460EBA67D1183FB28053"><enum>(5)</enum><header>Exception for
ongoing multiple broad-based sanctions in response to human rights
violations</header><text>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.</text>
</paragraph></subsection><subsection id="HC03438E42FC24B228DACAD53329ED973"><enum>(d)</enum><header>Statutory
construction</header><text>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 (<external-xref legal-doc="usc" parsable-cite="usc/22/2151n">22 U.S.C. 2151n</external-xref>, 2304).</text>
</subsection></section><section id="H05D43F303C794E73B218A000D26875C0"><enum>403.</enum><header>Consultations</header>
<subsection id="H4254103D448944D1905000E79511829B"><enum>(a)</enum><header>In
general</header><text>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.</text>
</subsection><subsection id="H37514620FA214407AD00EB34457DEAD4"><enum>(b)</enum><header>Duty to consult
with foreign governments prior to taking Presidential actions</header>
<paragraph id="HA46DBFD8B6B64963B2E433A7DB0400E5"><enum>(1)</enum><header>In
general</header><text>The President shall—</text>
<subparagraph id="HB90BA1A96EAE40C100B900AB0BF4651"><enum>(A)</enum><text>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</text>
</subparagraph><subparagraph id="H0D4686958ADA4134891669B3073F02B"><enum>(B)</enum><text>if agreed to, enter
into such consultations, privately or publicly.</text>
</subparagraph></paragraph><paragraph id="HD50DF9906F434804AEBDB5AABC2FD479"><enum>(2)</enum><header>Use of
multilateral fora</header><text>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.</text>
</paragraph><paragraph id="H20CFB40F26754ADABFBA9BEE9335A967"><enum>(3)</enum><header>Election of
nondisclosure of negotiations to public</header><text>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.</text>
</paragraph></subsection><subsection id="HD81EAB164E744AA3A75003C8CD381874"><enum>(c)</enum><header>Duty to consult
with humanitarian organizations</header><text>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).</text>
</subsection><subsection id="H3BA5816FF8314C6BB3AD641DE0D337BC"><enum>(d)</enum><header>Duty to consult
with United States interested parties</header><text>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.</text>
</subsection></section><section id="H5E805FFA947A4772BD62D913FA768052"><enum>404.</enum><header>Report to
Congress</header>
<subsection id="HC5E5304DDDE247428F203D06BD4F36D1"><enum>(a)</enum><header>In
general</header><text>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:</text>
<paragraph id="H50970DDCF55F4C4E88956845F4CC5EBF"><enum>(1)</enum><header>Identification
of Presidential actions</header><text>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.</text>
</paragraph><paragraph id="H4A7BA49C78924435A494E072CF895C34"><enum>(2)</enum><header>Description of
violations</header><text>A description of the violations giving rise to the
action or actions to be taken.</text>
</paragraph><paragraph id="H3CFB7628A9A94419B3D4A70048B634BD"><enum>(3)</enum><header>Purpose of
Presidential actions</header><text>A description of the purpose of the action
or actions.</text>
</paragraph><paragraph id="H2EEE82682A81484494B61864324559B"><enum>(4)</enum><header>Evaluation</header>
<subparagraph id="H5C46ABD61FB74D01926381FDB8C897B"><enum>(A)</enum><header>Description</header><text>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—</text>
<clause id="H1A05DE728AB94CEF8C057CD06E6600B2"><enum>(i)</enum><text>the
government of the foreign country;</text>
</clause><clause id="H6B44B120D89F4C5EAD4EE598874BD659"><enum>(ii)</enum><text>the
population of the country; and</text>
</clause><clause id="H27B5C378FF944C2AB3649C81F338A110"><enum>(iii)</enum><text>the United
States economy and other interested parties.</text>
</clause></subparagraph><subparagraph id="HC5347ACD8BD34109B324E05847FAD85"><enum>(B)</enum><header>Authority to
withhold disclosure</header><text>The President may withhold part or all of
such evaluation from the public but shall provide the evaluation to the
Congress in its entirety.</text>
</subparagraph></paragraph><paragraph id="H617EF6A2CB314F24B22462B35785F3A3"><enum>(5)</enum><header>Statement of
policy options</header><text>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.</text>
</paragraph><paragraph id="HC987605D05294FCA943856E19B0019F6"><enum>(6)</enum><header>Description of
multilateral negotiations</header><text>A description of multilateral
negotiations sought or carried out, if appropriate and applicable.</text>
</paragraph></subsection><subsection id="H1CA3D1F2AA5D440597D3D671E59D82FD"><enum>(b)</enum><header>Delay in
transmittal of report</header><text>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.</text>
</subsection></section><section id="HB1CD0153D59B44F5B626003B8C71E9AC"><enum>405.</enum><header>Description of
Presidential actions</header>
<subsection id="HF0E1F170F3B845DB8610BF7C9EDE4C8C"><enum>(a)</enum><header>Description of
Presidential actions</header><text>Except as provided in subsection (d), the
Presidential actions referred to in this subsection are the following:</text>
<paragraph id="H11A06FAA4EBB4B10A69DDA8E378ECDFA"><enum>(1)</enum><text>A
private demarche.</text>
</paragraph><paragraph id="H3B7DE78F501D4BFAADF69431CE353879"><enum>(2)</enum><text>An official public
demarche.</text>
</paragraph><paragraph id="H4B4E138594604AF590A32177E198F50"><enum>(3)</enum><text>A
public condemnation.</text>
</paragraph><paragraph id="H98A34D733B734213AD977766B4662D66"><enum>(4)</enum><text>A
public condemnation within one or more multilateral fora.</text>
</paragraph><paragraph id="HFAAF57E6A5494B1CB5CA16FBFFB98364"><enum>(5)</enum><text>The delay or
cancellation of one or more scientific exchanges.</text>
</paragraph><paragraph id="HF5BF7D00270649BCA3A35197E132B299"><enum>(6)</enum><text>The delay or
cancellation of one or more cultural exchanges.</text>
</paragraph><paragraph id="H933A8B7C225140FC973EB993DA301E80"><enum>(7)</enum><text>The denial of one
or more working, official, or state visits.</text>
</paragraph><paragraph id="H209EDCF20A144D55A4192910E426389C"><enum>(8)</enum><text>The delay or
cancellation of one or more working, official, or state visits.</text>
</paragraph><paragraph id="HBA0E15C34C684DCF903D8223434F33D9"><enum>(9)</enum><text>The withdrawal,
limitation, or suspension of United States development assistance in accordance
with section 116 of the Foreign Assistance Act of 1961.</text>
</paragraph><paragraph id="HC44D4585C1B042238F352329FFE001B"><enum>(10)</enum><text>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.</text>
</paragraph><paragraph id="HD73CDFDDFEC744AD913D942BB9188491"><enum>(11)</enum><text>The withdrawal,
limitation, or suspension of United States security assistance in accordance
with section 502B of the Foreign Assistance Act of 1961.</text>
</paragraph><paragraph id="HDEFFE207526D42A9904DF324FF84A2BB"><enum>(12)</enum><text>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.</text>
</paragraph><paragraph id="H4F47CB54D3B54FD9907900F97D71BCF3"><enum>(13)</enum><text>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—</text>
<subparagraph id="HB2E6C342DC80463F99C822221E518819"><enum>(A)</enum><text>the Export
Administration Act of 1979 (as continued in effect under the International
Emergency Economic Powers Act);</text>
</subparagraph><subparagraph id="HF4FC6FAFCE194FDAB1A82D673269C24F"><enum>(B)</enum><text>the Arms Export
Control Act;</text>
</subparagraph><subparagraph id="H5D80DB6785B341E9831B1567CFC895FD"><enum>(C)</enum><text>the Atomic Energy
Act of 1954; or</text>
</subparagraph><subparagraph id="H1276050AB5AB433C9C9B2D5089CD46BE"><enum>(D)</enum><text>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.</text>
</subparagraph></paragraph><paragraph id="HDDEB1DF5DA3A4417BDC141C6FEB83F3E"><enum>(14)</enum><text>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.</text>
</paragraph><paragraph id="H98278A35F36A4D3C8CF959363718A819"><enum>(15)</enum><text>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.</text>
</paragraph></subsection><subsection id="HEE6DA9485AB4475ABFCA18BEA3EC00"><enum>(b)</enum><header>Commensurate
action</header><text>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.</text>
</subsection><subsection id="H3937B5AE2346402186A4BF9BADACE398"><enum>(c)</enum><header>Binding
agreements</header><text>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.</text>
</subsection><subsection id="HBF6201AD47FE4D72BBAAE3BA47BACE4"><enum>(d)</enum><header>Exceptions</header><text>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.</text>
</subsection></section><section id="HC25C67D0117C48969C24ED4256DB1EDD"><enum>406.</enum><header>Effects on
existing contracts</header><text display-inline="no-display-inline">The
President shall not be required to apply or maintain any Presidential action
under this subtitle—</text>
<paragraph id="H92F2EB560C484854B94FD004003164E9"><enum>(1)</enum><text>in the case of
procurement of defense articles or defense services—</text>
<subparagraph id="H0334A8415107431CA72920A52579CB59"><enum>(A)</enum><text>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;</text>
</subparagraph><subparagraph id="H3749FA25400C43DB951E00CB9700B306"><enum>(B)</enum><text>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</text>
</subparagraph><subparagraph id="HB3A73D684EF14658A3973204CAB89F98"><enum>(C)</enum><text>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</text>
</subparagraph></paragraph><paragraph id="HDD2121885AD64008A900A9F780DA691F"><enum>(2)</enum><text>to products or
services provided under contracts entered into before the date on which the
President publishes his intention to take the Presidential action.</text>
</paragraph></section><section id="HB94842A3A1C24D6391128F42CA9DF3CF"><enum>407.</enum><header>Presidential
waiver</header>
<subsection id="H13113D4688EE4D78B78338D9A96D7E42"><enum>(a)</enum><header>In
general</header><text>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—</text>
<paragraph id="HF551A1DFBC1640A69404C3CE89599BF"><enum>(1)</enum><text>the government of
that country has ceased the violations giving rise to the Presidential
action;</text>
</paragraph><paragraph id="HBBA26D2F0B414B7F8BA39958739F80A1"><enum>(2)</enum><text>the exercise of
such waiver authority would further the purposes of this Act; or</text>
</paragraph><paragraph id="H8EF2B8C56013469693439EEF27B25C65"><enum>(3)</enum><text>the important
national interest of the United States requires the exercise of such waiver
authority.</text>
</paragraph></subsection><subsection id="H266447DDE92A4BD48417A737E3B021DC"><enum>(b)</enum><header>Congressional
notification</header><text>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.</text>
</subsection></section><section id="H80CBDA797C6B4F93B7B5CDC547C63C46"><enum>408.</enum><header>Publication in
Federal Register</header>
<subsection id="HBE947B9A2A9B4FF6902831F2C0E29E71"><enum>(a)</enum><header>In
general</header><text>Subject to subsection (b), the President shall cause to
be published in the Federal Register the following:</text>
<paragraph id="H10248D12FDDA48A6B0962E71AAF600B2"><enum>(1)</enum><header>Determinations
of governments, officials, and entities of particular concern</header><text>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).</text>
</paragraph><paragraph id="H2F099F12F854411C98AD911CE643BA8B"><enum>(2)</enum><header>Presidential
actions</header><text>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.</text>
</paragraph><paragraph id="H1369DEC1056F460EB8C1C0F49D79E354"><enum>(3)</enum><header>Delays in
transmittal of Presidential action reports</header><text>Any delay in
transmittal of a Presidential action report, as described in section
404(b).</text>
</paragraph><paragraph id="H9A34B52150D446AA91EAAF9796A9C200"><enum>(4)</enum><header>Waivers</header><text>Any
waiver under section 407.</text>
</paragraph></subsection><subsection id="H71A49CE0B1984F9D96064BE4C00367F"><enum>(b)</enum><header>Limited
disclosure of information</header><text>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 (<external-xref legal-doc="usc" parsable-cite="usc/22/2414">22 U.S.C. 2414(c)</external-xref>), if
the President determines that the publication of information under this
section—</text>
<paragraph id="H1A46E013D27E442C824EFAC5C58DDBB"><enum>(1)</enum><text>would be harmful to
the national security of the United States; or</text>
</paragraph><paragraph id="HB1D71E4DE99A4779A7A5FAEE6639CC"><enum>(2)</enum><text>would not further
the purposes of this Act.</text>
</paragraph></subsection></section><section id="H601097E3807A4D98B7D60078F1E3C199"><enum>409.</enum><header>Termination of
Presidential actions</header><text display-inline="no-display-inline">Any
Presidential action taken under this Act with respect to a foreign country
shall terminate on the earlier of the following dates:</text>
<paragraph id="H51ECAA8121B7420F9D41BCF1D395FCA6"><enum>(1)</enum><header>Termination
date</header><text>The date that is 2 years after the effective date of the
Presidential action, unless expressly reauthorized by law.</text>
</paragraph><paragraph id="H1EED6258F5424283AE71E71E962D74F7"><enum>(2)</enum><header>Foreign
government actions</header><text>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.</text>
</paragraph></section><section id="HF8E47B0631DC4ECE9500FDC500BF6F6E"><enum>410.</enum><header>Preclusion of
judicial review</header><text display-inline="no-display-inline">No court shall
have jurisdiction to review any Presidential determination or agency action
under this Act or any amendment made by this Act.</text>
</section></subtitle><subtitle id="H372C3A1916494DADAC9D05D2EFEBA77C"><enum>B</enum><header>Strengthening
Existing Law</header>
<section id="H9B794E98A32241E590C4C9ACB7FE2369"><enum>421.</enum><header>United States
assistance</header>
<subsection id="H3609DF3A6D1044F599DAD5491F761D05"><enum>(a)</enum><header>Implementation
of prohibition on economic assistance</header><text>Section 116(c) of the
Foreign Assistance Act of 1961 (<external-xref legal-doc="usc" parsable-cite="usc/22/2151n">22 U.S.C. 2151n(c)</external-xref>) is amended—</text>
<paragraph id="HCFF7323F255A47EABAEC7CBDB4FE2B1F"><enum>(1)</enum><text>in the matter
preceding paragraph (1), by inserting <quote>and the Ambassador at Large for
International Women’s Rights</quote> after <quote>Religious
Freedom</quote>;</text>
</paragraph><paragraph id="H1B1F1B71444C4E2EB400C5A512FED8B5"><enum>(2)</enum><text>by striking
<quote>and</quote> at the end of paragraph (2);</text>
</paragraph><paragraph id="HF771F11115E346DD8CC6E6DC30245BC"><enum>(3)</enum><text>by
striking the period at the end of paragraph (3) and inserting <quote>;
and</quote>; and</text>
</paragraph><paragraph id="H44FDD9A953D34514A748FEEA70029A1"><enum>(4)</enum><text>by
adding at the end the following new paragraph:</text>
<quoted-block id="HE9AE8E901D4349B5886F06B2EF8544F1" style="OLC">
<paragraph id="HDDBC8305CF5E4DC795F48CD66467CDE3"><enum>(4)</enum><text>whether the
government—</text>
<subparagraph id="H361928232DE54B1CB2A966B75342A413"><enum>(A)</enum><text>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</text>
</subparagraph><subparagraph id="HDD46C413BE284614B73CC4871629548D"><enum>(B)</enum><text>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.</text>
</subparagraph></paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></subsection><subsection id="H6E7A6D11466E4F4FB2C8CE05E723FA51"><enum>(b)</enum><header>Implementation
of prohibition on military assistance</header><text>Section 502B(a)(4) of the
Foreign Assistance Act of 1961 (<external-xref legal-doc="usc" parsable-cite="usc/22/2304">22 U.S.C. 2304(a)(4)</external-xref>) is amended—</text>
<paragraph id="HB653DCE713744A04BA49BF2307BA8737"><enum>(1)</enum><text>by striking
<quote>(A)</quote> and inserting <quote>(A)(i)</quote>;</text>
</paragraph><paragraph id="H2095F37779F74D6E8BBB33C324D84000"><enum>(2)</enum><text>by striking
<quote>(B)</quote> and inserting <quote>(ii)</quote>;</text>
</paragraph><paragraph id="H6D3FD1D5D3C74774A2471F107F5EC00"><enum>(3)</enum><text>by
striking the period at the end and inserting <quote>; or</quote>; and</text>
</paragraph><paragraph id="H66ED6F4A138643E187B4A98F42594200"><enum>(4)</enum><text>by adding at the
end the following:</text>
<quoted-block display-inline="no-display-inline" id="H16188C6A149645BB87EC25941BD21E00" style="OLC">
<subparagraph id="H5F4E4EE02A1D4269B2D2DF3154E1BCD" indent="up1"><enum>(B)</enum><clause commented="no" display-inline="yes-display-inline" id="H2A8D119ECFB046F3A426DBAA46CFDF7D"><enum>(i)</enum><text>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</text>
</clause><clause id="HDA33A17EC38D446C92F23B31B85E2588" indent="up1"><enum>(ii)</enum><text>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.</text>
</clause></subparagraph><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></subsection></section><section id="H0E5D28EEB00643089CC3F7B99140D97"><enum>422.</enum><header>Multilateral
assistance</header><text display-inline="no-display-inline">Section 701 of the
International Financial Institutions Act (<external-xref legal-doc="usc" parsable-cite="usc/22/262d">22 U.S.C. 262d</external-xref>) is amended—</text>
<paragraph id="H803DACB1A75B45FE8F0412D5CB2F3B68"><enum>(1)</enum><text>by redesignating
the second subsection (g) as subsection (h); and</text>
</paragraph><paragraph id="H4F6802897DEE4CE595314419B93C63A7"><enum>(2)</enum><text>by adding at the
end the following new subsection:</text>
<quoted-block id="HB39B490EC2E04CF39B7D77D581ECB22E" style="OLC">
<subsection id="HAACFD3C853AF4879B6E960F8C7965313"><enum>(l)</enum><text>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—</text>
<paragraph id="HE557027E8FD447029FC79F5500CB34F0"><enum>(1)</enum><text>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</text>
</paragraph><paragraph id="H3FFDC4D534E448238528F316E28D6091"><enum>(2)</enum><text>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.</text>
</paragraph></subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></section><section id="HF5E5B478A4864AA0B901D1ADC8A278F"><enum>423.</enum><header>Exports of
certain items used in particularly severe violations of women’s rights</header>
<subsection id="HF7056B2E256944C882EFD2B25DF97A2"><enum>(a)</enum><header>Mandatory
licensing</header><text>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 (<external-xref legal-doc="usc-appendix" parsable-cite="usc-appendix/50/2405">50 U.S.C. App. 2405(n)</external-xref>) (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.</text>
</subsection><subsection id="HFC460B81AA4C4DB89DC35965E69EEB6D"><enum>(b)</enum><header>Licensing
ban</header><text>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 (<external-xref legal-doc="usc" parsable-cite="usc/22/2304">22 U.S.C. 2304(a)(2)</external-xref>) shall apply to the
export and reexport of any item included under subsection (a) on the list of
crime control instruments.</text>
</subsection></section></subtitle><enum>V</enum><header>Promotion of
women’s rights</header>
<section id="H6BDD7E8C0A7E4788891380A9A9EBE6AD"><enum>501.</enum><header>Assistance for
promoting women’s rights</header>
<subsection id="H9470C5E42D894422B0FB2E526CD2D1F2"><enum>(a)</enum><header>Findings</header><text>Congress
makes the following findings:</text>
<paragraph id="HA31FEFADE282437A00296F497F9BCFB7"><enum>(1)</enum><text>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.</text>
</paragraph><paragraph id="H670A69EC10E944A300404BBDD41749D6"><enum>(2)</enum><text>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.</text>
</paragraph></subsection><subsection id="HB56A864E8EB8496B837168583C845192"><enum>(b)</enum><header>Allocation of
funds for increased promotion of women’s rights</header><text>Section 116(e) of
the Foreign Assistance Act of 1961 (<external-xref legal-doc="usc" parsable-cite="usc/22/2151n">22 U.S.C. 2151n(e)</external-xref>) is amended by inserting
<quote>and the rights of women</quote> after <quote>free religious belief and
practice</quote>.</text>
</subsection></section><section id="HCEE4E227323745B9A08385AA5B022F9F"><enum>502.</enum><header>International
broadcasting</header><text display-inline="no-display-inline">Section 303(a)(8)
of the United States International Broadcasting Act of 1994 (22 U.S.C.
6202(a)(8)) is amended by inserting <quote>and women’s rights</quote> after
<quote>religion</quote>.</text>
</section><section id="HA210CB689CEE47BEB106F407F5BECC29"><enum>503.</enum><header>International
exchanges</header><text display-inline="no-display-inline">Section 102(b) of
the Mutual Educational and Cultural Exchange Act of 1961 (<external-xref legal-doc="usc" parsable-cite="usc/22/2452">22 U.S.C. 2452(b)</external-xref>) is
amended—</text>
<paragraph id="H19FF565F85DF48B0A929FFDF57E69370"><enum>(1)</enum><text>by striking
<quote>and</quote> after paragraph (11);</text>
</paragraph><paragraph id="H144FC29F3D9A4615AA3755A6B13EE7A6"><enum>(2)</enum><text>by striking the
period at the end of paragraph (12) and inserting <quote>; and</quote>;
and</text>
</paragraph><paragraph id="HF4520AFC3D9244C3A744E46F63266299"><enum>(3)</enum><text>by adding at the
end the following:</text>
<quoted-block id="HC7CC020B24284E2682D6411C92C525EF" style="OLC">
<paragraph id="H6D7EE7845AFD4A0A828962771CE8D295"><enum>(13)</enum><text>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.</text>
</paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></section><section id="H69C858FB369B4955A316EC218842CC68"><enum>504.</enum><header>Foreign service
awards</header>
<subsection id="H71C2C24F1FE242F6BBE137984397B20"><enum>(a)</enum><header>Performance
pay</header><text>Section 405(d) of the Foreign Service Act of 1980 (22 U.S.C.
3965(d)) is amended in the second sentence by inserting <quote>and women’s
rights</quote> after <quote>freedom of religion</quote>.</text>
</subsection><subsection id="HB9242CF6DE494D91AADA838EECAE8369"><enum>(b)</enum><header>Foreign service
awards</header><text>Section 614 of the Foreign Service Act of 1980 (22 U.S.C.
4013) is amended in the last sentence by inserting <quote>and women’s
rights,</quote> after <quote>freedom of religion</quote>.</text>
</subsection></section><enum>VI</enum><header>Refugee, asylum,
and consular matters</header>
<section id="H415AA811B12A41AA949D4C191C852E95"><enum>601.</enum><header>Use of annual
report</header><text display-inline="no-display-inline">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.</text>
</section><section display-inline="no-display-inline" id="HF29E1E1B432B433B8DA82B43E47AA7B" section-type="subsequent-section"><enum>602.</enum><header>Refugee
training</header>
<subsection display-inline="no-display-inline" id="H0C50288DBB8D44CF90A07DD4ACC72F2"><enum>(a)</enum><header>Training for
foreign service officers</header><text>Section 708(b) of the Foreign Service
Act of 1980 (<external-xref legal-doc="usc" parsable-cite="usc/22/4028">22 U.S.C. 4028(b)</external-xref>) is amended by striking <quote>and on religious
persecution</quote> and inserting <quote>, on religious persecution, and on
gender-based discrimination</quote>.</text>
</subsection><subsection id="H576802703F12420387AC4C71E2DCADAC"><enum>(b)</enum><header>Consultation
with Congress concerning admissions of refugees</header>
<paragraph id="HA07CB8C065294A4A98B4EA1800D81D37"><enum>(1)</enum><header>In
general</header><text>Section 207 of the Immigration and Nationality Act (8
U.S.C. 1157) is amended—</text>
<subparagraph id="HA578D4531FB94B33BFFAAF18FE94E729"><enum>(A)</enum><text>in subsection
(d)(1), in the first sentence, by inserting <quote>, information relating to
gender-based discrimination against such refugees in their countries of
nationality or last habitual residence,</quote> after <quote>resettlement
during the fiscal year</quote>;</text>
</subparagraph><subparagraph id="H9F3CF5A5582644438B402B167E866DD1"><enum>(B)</enum><text>in subsection
(e)—</text>
<clause id="HE53B60714A5745E993155600178F21A9"><enum>(i)</enum><text>in
the matter preceding paragraph (1), by inserting <quote>the Secretary of State
and</quote> before <quote>designated</quote>;</text>
</clause><clause id="HA69850C750EA4F41955BB019FC0087B4"><enum>(ii)</enum><text>by
redesignating paragraph (7) as paragraph (8); and</text>
</clause><clause id="H3D4F1FFA36E141E996DA3F3137B59CC5"><enum>(iii)</enum><text>by
inserting after paragraph (6) the following new paragraph:</text>
<quoted-block display-inline="no-display-inline" id="HA89D9CA3412B43349323EDA1D4B67367" style="traditional">
<paragraph id="H942F34A8EA684D59A0D4A370C45540F1"><enum>(7)</enum><text>A description of
any gender-based discrimination experienced by such refugees in their countries
of nationality or last habitual
residence.</text>
</paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</clause></subparagraph></paragraph><paragraph commented="no" id="HDFAA2FD8ACC149E6A133607B18F0F214"><enum>(2)</enum><header>Effective
date</header><text>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.</text>
</paragraph></subsection><subsection id="HA341F1BD0808430FBC405628F132777B"><enum>(c)</enum><header>Guidelines and
training for officials adjudicating refugee cases</header>
<paragraph id="H522AD88CFD1F40E8A033BC93158DD271"><enum>(1)</enum><header>In
general</header><text>Such section is further amended—</text>
<subparagraph id="H636D602AB29B485DBC8B05635DC45810"><enum>(A)</enum><text>in subsection (f),
by adding at the end the following new paragraph:</text>
<quoted-block display-inline="no-display-inline" id="HB0C8D141989342A8A2B3B88C9B131117" style="traditional">
<paragraph id="HD0F60ED9F43E48FDBCC790C48FB66E1D" indent="up1"><enum>(3)</enum><text>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.</text>
</paragraph><after-quoted-block>;
and</after-quoted-block></quoted-block>
</subparagraph><subparagraph id="HBC6F2E8C30314995BEAC2CCE2ABB9B"><enum>(B)</enum><text>by adding at the end
the following new subsection:</text>
<quoted-block display-inline="no-display-inline" id="HA30B77B5E0AB429B86E75400EB76AC7" style="traditional">
<subsection commented="no" id="HCCB33362BF5648698F8BC624424CC59"><enum>(g)</enum><paragraph commented="no" display-inline="yes-display-inline" id="H744AD84813A94BDFB3D6D334A3C253BC"><enum>(1)</enum><text>The Secretary of
Homeland Security, in consultation with the Secretary of State, shall
promulgate regulations to ensure—</text>
<subparagraph commented="no" id="H307C7A33E6A6469C8CC6DB008269D9CF" indent="up1"><enum>(A)</enum><text>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</text>
</subparagraph><subparagraph commented="no" id="H17D61E460BCA49E482F7584C64105E" indent="up1"><enum>(B)</enum><text>uniform procedures regarding the
preparation of such files by such entities and personnel.</text>
</subparagraph></paragraph><paragraph commented="no" id="H0EA8A5BC941045FDB09DBEBD9828B158" indent="up1"><enum>(2)</enum><text>Such regulations shall ensure
that—</text>
<subparagraph commented="no" id="HDC767DAE9C7645EC80DACF6C8BF950D2"><enum>(A)</enum><text>such files accurately reflect the
information provided by the alien seeking admission as a refugee under this
section; and</text>
</subparagraph><subparagraph commented="no" id="H685F8062B1FC4C05A51E64BEC0B41477"><enum>(B)</enum><text>such aliens are not disadvantaged or
denied such admission as a result of faulty case file
preparation.</text>
</subparagraph></paragraph></subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</subparagraph></paragraph><paragraph id="HC2143CDA8FBA406088939718203B8330"><enum>(2)</enum><header>Effective
date</header><text>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 (<external-xref legal-doc="usc" parsable-cite="usc/8/1157">8 U.S.C. 1157</external-xref>) beginning with the first
fiscal year that begins after the date of the enactment of this Act.</text>
</paragraph></subsection></section><section id="H48E45225ABCD424B9D27EBF32226FC3B"><enum>603.</enum><header>Reform of
asylum policy</header>
<subsection id="H35BAF1B2F22A42DCBEF237E8C6DB0023"><enum>(a)</enum><header>Language
translation services</header>
<paragraph id="H795CB886B4494F719BFCC800D6A4D5F6"><enum>(1)</enum><header>In
general</header><text>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:</text>
<quoted-block display-inline="no-display-inline" id="H2DAA50F423D3453EA9ED7343DC7ABFE" style="OLC">
<paragraph id="H67AAB019BB894EA9872B1660E6593B67"><enum>(8)</enum><header>Language
translation services</header>
<subparagraph id="HCA489E80552C40868CA51D60EEA16C09"><enum>(A)</enum><header>In
general</header><text>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).</text>
</subparagraph><subparagraph id="HE62EECEADB334589A66B4BB0B8648806"><enum>(B)</enum><header>Prohibition on
assistance by certain individuals</header><text display-inline="yes-display-inline">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).</text>
</subparagraph></paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph><paragraph id="H6494E130116E4C53009B184556477C05"><enum>(2)</enum><header>Effective
date</header><text>The amendment made by paragraph (1) shall apply to the use
of language translation services after the date of the enactment of this
Act.</text>
</paragraph></subsection><subsection id="HBFEC65F0ACA6439DB765F7E49E2510"><enum>(b)</enum><header>Training for
officials</header><text>Section 208 of the Immigration and Nationality Act (8
U.S.C. 1158) is amended by adding at the end the following new
subsection:</text>
<quoted-block display-inline="no-display-inline" id="HC0893CB88F79455FA97BE0035B783F0" style="OLC">
<subsection id="H4BC6CDDCB5C64E4F9796D87700B307FB"><enum>(e)</enum><header>Training for
officials</header><text>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
<quote>Foreign Service Institute</quote>), 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.</text>
</subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection id="H2B4645C57A914165AC234E87387940AC"><enum>(c)</enum><header>Training for
immigration judges conducting proceedings for deciding the inadmissibility or
deportability of an alien</header><text>Section 240 of the Immigration and
Nationality Act (<external-xref legal-doc="usc" parsable-cite="usc/8/1229a">8 U.S.C. 1229a</external-xref>) is amended by adding at the end the following
new subsection:</text>
<quoted-block display-inline="no-display-inline" id="HC1E1DF79177E482CBDAEAFAD5678817E" style="OLC">
<subsection id="HD88725D0FA1E43BCB289C7C2F42FF00"><enum>(f)</enum><header>Training for
immigration judges conducting proceedings for deciding the inadmissibility or
deportability of an alien</header><text>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.</text>
</subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection></section><section id="HE8E1C541339A42489243EE2252A270B9"><enum>604.</enum><header>Inadmissibility
of foreign government officials who have engaged in particularly severe
violations of women’s rights</header>
<subsection id="H7298C6F100944E998BB8AC97A90040DC"><enum>(a)</enum><header>Ineligibility
for visas and admission to the United States</header><text>Section 212(a)(2) of
the Immigration and Nationality Act (<external-xref legal-doc="usc" parsable-cite="usc/8/1182">8 U.S.C. 1182(a)(2)</external-xref>) is amended by adding
at the end the following new subparagraph:</text>
<quoted-block display-inline="no-display-inline" id="HCDE9ABF678BD4FA591F0D30700EF8F56" style="OLC">
<subparagraph id="H5827ADF1F78E4C4DAEAFBA58AE41A460"><enum>(J)</enum><header>Foreign
government officials who have engaged in particularly severe violations of
women’s rights</header><text>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
2006, and the spouse, son, or daughter, if any, of such official, is
inadmissible.</text>
</subparagraph><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection id="HE7AC927D7354420BACDEF7559B3B6951"><enum>(b)</enum><header>Effective
date</header><text>The amendment made by subsection (a) shall apply to
determinations of admissibility made on or after the date of the enactment of
this Act.</text>
</subsection></section><section id="H362DF1B2E24F41CDB8C5736B28CA56E7"><enum>605.</enum><header>Studies
relating to the effect of expedited removal provisions on asylum
claims</header>
<subsection id="HE36E4AA97F7D4309A393EFBF122D9B11"><enum>(a)</enum><header>Study by
Comptroller General</header>
<paragraph id="H9E7DEA59FEFF431C8E31418C4CA278DD"><enum>(1)</enum><header>In
general</header><text display-inline="yes-display-inline">The Comptroller
General of the United States shall conduct a study to determine whether
officers of the United States Government, including immigration officers and
asylums officers, have engaged in any of the conduct described in paragraph (3)
with respect to an alien who may be eligible for asylum under section 208 of
such Act (<external-xref legal-doc="usc" parsable-cite="usc/8/1158">8 U.S.C. 1158</external-xref>).</text>
</paragraph><paragraph id="H48F09F6042B1410CB924C83E091602CA"><enum>(2)</enum><header>Use of
experts</header><text display-inline="yes-display-inline">At the request of the
Commission, the Comptroller General shall conduct the study in cooperation with
experts designated by the Commission who are recognized for their expertise and
knowledge of refugee and asylum issues.</text>
</paragraph><paragraph id="HA19F0D94A26848E9BB90DC4384187B85"><enum>(3)</enum><header>Conduct</header><text>The
conduct referred to in paragraph (1) is any of the following:</text>
<subparagraph id="HCF237494E3B349DC952FC9AC00BA626"><enum>(A)</enum><text>Improperly
encouraging an alien to withdraw the alien’s application for asylum.</text>
</subparagraph><subparagraph id="H036419E65CDC48AE95006FC02091C6E5"><enum>(B)</enum><text>Incorrectly
failing to refer an alien to an asylum officer for an interview under section
235(b) of the Immigration and Nationality Act (<external-xref legal-doc="usc" parsable-cite="usc/8/1225">8 U.S.C. 1225(b)</external-xref>) to establish
whether such alien has a credible fear of persecution.</text>
</subparagraph><subparagraph id="H1A628776CDCD46C7AE87F1C01BD0017"><enum>(C)</enum><text display-inline="yes-display-inline">Unlawfully removing an alien who has
applied for asylum to a country in which the alien’s life or freedom would be
threatened on account of gender, race, religion, nationality, membership in a
particular social group, or political opinion.</text>
</subparagraph><subparagraph id="H297AC58DC8204ECC90820000A0F3C18"><enum>(D)</enum><text>Unlawfully
detaining an alien who has applied for asylum or detaining such alien in
inappropriate conditions.</text>
</subparagraph></paragraph></subsection><subsection id="HB379BC7028014E79A0BDED8D0086EC94"><enum>(b)</enum><header>Report</header><text>Not
later than 1 year after the date of the enactment of this Act, the Comptroller
General shall submit to the Committee on the Judiciary of the House of
Representatives, the Committee on the Judiciary of the Senate, the Committee on
International Relations of the House of Representatives, and the Committee on
Foreign Relations of the Senate a report containing the 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.</text>
</subsection><subsection id="H6DF5B5BDBF024FF0872B79BFA893A28C"><enum>(c)</enum><header>Access to
proceedings</header>
<paragraph id="H57D21BEE5D1F4D27B684B38178DE47B6"><enum>(1)</enum><header>In
general</header><text>Except as provided in paragraph (2), to facilitate the
conduct of the study under subsection (a) and the preparation of the report
under subsection (b), the Comptroller General and the experts, if any, referred
to in subsection (a) shall have unrestricted access to all stages of all
inspections of aliens for admission under section 235(b) of the Immigration and
Nationality Act (<external-xref legal-doc="usc" parsable-cite="usc/8/1225">8 U.S.C. 1225(b)</external-xref>).</text>
</paragraph><paragraph id="H46137D3B4FD5434EAB478C51B64FBD4F"><enum>(2)</enum><header>Exception</header><text>Paragraph
(1) shall not apply with respect to the inspection if—</text>
<subparagraph id="HFD4532E9CFBF44019E9193AA829D114"><enum>(A)</enum><text>the alien concerned
objects to such access; or</text>
</subparagraph><subparagraph id="H9723FD3C2A574BDAAC00D2B7F5EF2105"><enum>(B)</enum><text display-inline="yes-display-inline">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 designated by
the Commission under subsection (a) do not contravene international law.</text>
</subparagraph></paragraph></subsection></section><enum>VII</enum><header>Miscellaneous
Provisions</header>
<section id="H54C5BEDD8BE74466B17BEC34E953DA2"><enum>701.</enum><header>Business codes
of conduct</header>
<subsection id="H4AA5583624F54F58B4C86BE9EDC35741"><enum>(a)</enum><header>Congressional
finding</header><text>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.</text>
</subsection><subsection id="H54DBDFD4501445EB8EFEB000005E4E8B"><enum>(b)</enum><header>Sense of the
congress</header><text>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—</text>
<paragraph id="H90B1D7E860574B15A7F4E00A973537"><enum>(1)</enum><text>upholding the rights
of their female employees; and</text>
</paragraph><paragraph id="HC34F54C18C404E12BC97E8800656118D"><enum>(2)</enum><text>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.</text>
</paragraph></subsection></section>