[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3728 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3728

    To express United States foreign policy with respect to, and to 
strengthen United States advocacy on behalf of, individuals persecuted 
and denied their rights in foreign countries on account of gender, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 2, 2007

Mrs. Maloney of New York (for herself, Mr. Lantos, and Ms. Jackson-Lee 
  of Texas) introduced the following bill; which was referred to the 
  Committee on Foreign Affairs, and in addition to the Committees on 
 Financial Services and the Judiciary, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To express United States foreign policy with respect to, and to 
strengthen United States advocacy on behalf of, individuals persecuted 
and denied their rights in foreign countries on account of gender, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``International 
Women's Freedom Act of 2007''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings; policy.
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. Study on the effect of expedited removal provisions on asylum 
                            claims.
                  TITLE VII--MISCELLANEOUS PROVISIONS

Sec. 701. Business codes of conduct.

SEC. 2. FINDINGS; POLICY.

    (a) Findings.--Congress makes the following findings:
            (1) Support for human rights is the cornerstone of American 
        foreign policy, and the advance of women's rights and the 
        advance of liberty are ultimately inseparable.
            (2) A number of international human rights instruments, as 
        well as several international declarations, have recognized the 
        equal rights of men and women and articulated specific aspects 
        of women's human rights, including the Universal Declaration of 
        Human Rights, the Charter of the United Nations, the 
        International Covenant on Civil and Political Rights, the 
        International Covenant on Economic, Social and Cultural Rights, 
        the Convention on the Elimination of all Forms of 
        Discrimination against Women, the Inter-American Convention on 
        the Prevention, Punishment and Eradication of Violence Against 
        Women, the Declaration on the Elimination of Violence against 
        Women, and the Beijing Declaration and Platform for Action.
            (3) Article 1 of the Universal Declaration of Human Rights 
        recognizes that ``[a]ll human beings are born free and equal in 
        dignity and rights'', and Article 7 recognizes that ``[a]ll are 
        equal before the law and are entitled without any 
        discrimination to equal protection of the law''. Article 3 of 
        the International Covenant on Civil and Political Rights 
        recognizes that the State Parties to the Covenant ``undertake 
        to ensure the equal right of men and women to the enjoyment of 
        all civil and political rights set forth in the Covenant''. 
        Article 26 of the Covenant provides that ``[a]ll persons are 
        equal before the law and are entitled without any 
        discrimination to the equal protection of the law. In this 
        respect, the laws of each State Party shall prohibit any 
        discrimination and guarantee to all persons equal and effective 
        protection against discrimination on any ground such as race, 
        color, sex, language, religion, political or other opinion, 
        national or social origin, property, birth or other status''. 
        The Preamble of the Charter of the United Nations affirms the 
        equal rights of men and women. Governments have the 
        responsibility to protect the fundamental rights of their 
        citizens and to pursue justice for all. Women's rights are 
        fundamental rights, regardless of race, country, creed, or 
        nationality, and should never be arbitrarily abridged by any 
        government.
            (4) Barbaric treatment of women persists in many parts of 
        the world. Women suffer both government-sponsored and 
        government-tolerated violations of their human rights. In 
        countries where women are subject to particularly severe 
        restrictions, women cannot work outside the home, cannot attend 
        schools or universities, cannot drive, cannot leave the home 
        without a male companion, may only use segregated 
        transportation, cannot obtain a passport or travel without the 
        permission of a male relative, must wear particular clothing, 
        must black out house windows in public view, cannot obtain 
        quality health education, and have limited access to health 
        care because a male relative must be present or because male 
        doctors are not allowed to touch female patients. The ``In-
        depth study on all forms of violence against women'' conducted 
        by the Secretary General of the United Nations found that in 
        many countries, women's economic opportunities are severely 
        limited because of discrimination in employment, property 
        rights, and access to resources. These inequalities work to 
        limit women's independence and make them more vulnerable to 
        further discrimination, including violence.
            (5) Violence against women is a form of discrimination 
        which is pervasive throughout all parts of the world. In many 
        countries, governments condone or perpetrate violence against 
        women. Women are subject to various manifestations of brutal 
        violence, including female genital mutilation, honor killings, 
        domestic violence, gender-based murders, rape, trafficking, 
        forced early marriage, and the maltreatment of widows. 
        Perpetration of violence by the country can include custodial 
        violence, forced sterilization, sexual violence during armed 
        conflict, and policies on forced pregnancy and forced abortion. 
        Violence against women has consequences for their health and 
        well-being, their economic security, and the economic 
        development of their communities and countries.
            (6) Though not confined to a particular region or regime, 
        violations of women's rights are often particularly widespread, 
        systematic, and heinous under totalitarian governments and in 
        countries with militant, politicized religious majorities or 
        with strong tribal traditions.
            (7) Congress has recognized and denounced international 
        violations of women's rights through the adoption of the 
        following resolutions:
                    (A) Senate Resolution 68 of the 106th Congress, 
                expressing the sense of the Senate regarding the 
                treatment of women and girls by the Taliban in 
                Afghanistan.
                    (B) Senate Concurrent Resolution 42 of the 107th 
                Congress, condemning the Taliban for their 
                discriminatory policies towards women.
                    (C) Senate Concurrent Resolution 86 of the 107th 
                Congress, expressing the sense of Congress that women 
                from all ethnic groups in Afghanistan should 
                participate in the economic and political 
                reconstruction of Afghanistan.
                    (D) House Resolution 393 of the 108th Congress, 
                commending Afghan women for their participation in 
                Afghan government and civil society, encouraging the 
                inclusion of Afghan women in the political and economic 
                life of Afghanistan, and advocating the protection of 
                the human rights of all Afghans, particularly women, in 
                the Afghanistan Constitution.
                    (E) Senate Resolution 74 of the 109th Congress, 
                designating March 8, 2005, as International Women's 
                Day.
                    (F) On October 10, 2003, First Lady Laura Bush 
                said, ``All of us have an obligation to speak up and to 
                speak out. We may come from different backgrounds and 
                faiths; but advancing human rights is the 
                responsibility of all humanity--a commitment shared by 
                people of good will on every continent. As we work to 
                meet the challenges that women face at home and abroad, 
                our goal is simple: we seek women's full participation 
                in every dimension of life. . . . Our dedication to 
                advancing and protecting women's rights in all 
                countries must continue for a prosperous and stable 
                world. Without women, the goals of democracy and peace 
                cannot be achieved.''.
                    (G) On October 18, 2004, First Lady Laura Bush 
                said, ``Empowered women are vital to democracy. And 
                this is even clearer to all of us today as we look 
                around the world and we see what happens in countries 
                where half of the population is left out. The struggle 
                for human rights is a story of ordinary people doing 
                extraordinary things.''.
    (b) Policy.--It shall be the policy of the United States to do the 
following:
            (1) To condemn violations of women's rights, and to 
        promote, and to assist other governments in promoting, the 
        fundamental human rights of women.
            (2) To seek to channel United States security and 
        development assistance to governments other than those found to 
        be engaged in gross violations of the rights of women, as set 
        forth in the Foreign Assistance Act of 1961, in the 
        International Financial Institutions Act, and in other 
        formulations of United States human rights policy.
            (3) To be vigorous and flexible, reflecting both the 
        unwavering commitment of the United States to women's rights 
        and the desire of the United States for the most effective and 
        principled response, in light of the range of violations of 
        women's rights by a variety of persecuting regimes, and the 
        status of the relations of the United States with different 
        nations.
            (4) To work with foreign governments that affirm and 
        protect women's rights, in order to develop multilateral 
        documents and initiatives to combat violations of women's 
        rights and promote the right of women to enjoy their human 
        rights abroad.
            (5) Standing for liberty and standing with the 
        disadvantaged, to use and implement appropriate tools in the 
        United States foreign policy apparatus, including diplomatic, 
        political, commercial, charitable, educational, and cultural 
        channels, to promote respect for women's rights by all 
        governments and peoples.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Ambassador at large.--The term ``Ambassador at Large'' 
        means the Ambassador at Large for International Women's Rights 
        appointed under section 101(b).
            (2) Annual report.--The term ``Annual Report'' means the 
        Annual Report on International Women's Rights described in 
        section 102(b).
            (3) Appropriate congressional committees.--The term 
        ``appropriate congressional committees''--
                    (A) means the Committee on Foreign Relations of the 
                Senate and the Committee on International Relations of 
                the House of Representatives; and
                    (B) includes, in the case of any determination made 
                with respect to the taking of President action under 
                paragraphs (9) through (15) of section 405(a), the 
                committees described in subparagraph (A) and, where 
                appropriate, the Committee on Financial Services of the 
                House of Representatives and the Committee on Banking, 
                Housing, and Urban Affairs of the Senate.
            (4) Commensurate action.--The term ``commensurate action'' 
        means action taken by the President under section 405(b).
            (5) Commission.--The term ``Commission'' means the United 
        States Commission on International Women's Rights established 
        in section 201(a).
            (6) Country reports on human rights practices.--The term 
        ``Country Reports on Human Rights Practices'' means the annual 
        report required to be submitted by the Secretary of State to 
        Congress under sections 116(d) and 502B(b) of the Foreign 
        Assistance Act of 1961.
            (7) Executive summary.--The term ``Executive Summary'' 
        means the Executive Summary to the Annual Report, as described 
        in section 102(b)(1)(F).
            (8) Government or foreign government.--The term 
        ``government'' or ``foreign government'' includes any agency or 
        instrumentality of the government.
            (9) Human rights reports.--The term ``Human Rights 
        Reports'' means all reports submitted by the Secretary of State 
        to Congress under sections 116 and 502B of the Foreign 
        Assistance Act of 1961.
            (10) Office.--The term ``Office'' means the Office on 
        International Women's Rights established in section 101(a).
            (11) Particularly severe violations of women's rights.--The 
        term ``particularly severe violations of women's rights'' means 
        systematic, ongoing, egregious violations of women's rights, 
        including violations such as--
                    (A) denying women freedoms that are guaranteed for 
                men;
                    (B) torture or cruel, inhuman, or degrading 
                treatment or punishment;
                    (C) government-sponsored or tolerated violence such 
                as gender-based murder, rape, traditional practices 
                such as honor killings and female genital mutilation, 
                abduction, trafficking, forced sterilization or forced 
                abortion, and custodial violence;
                    (D) limiting or denying access to health care and 
                health education; or
                    (E) other flagrant denials to women or girls of the 
                right to life, liberty, or the security of persons.
            (12) Special adviser.--The term ``Special Adviser'' means 
        the Special Adviser to the President on International Women's 
        Rights described in section 101(l) of the National Security Act 
        of 1947, as added by section 301 of this Act.
            (13) Violations of women's rights.--The term ``violations 
        of women's rights'' means violations of the internationally 
        recognized human rights of women, as set forth in the 
        international instruments referred to in section 2(a)(2) and as 
        described in section 2(a)(3), including violations such as--
                    (A) arbitrary prohibitions on, restrictions on, or 
                punishment for--
                            (i) women engaging in activities that men 
                        are permitted to engage in;
                            (ii) travel, employment, or education for 
                        girls or women;
                            (iii) clothing for girls or women;
                            (iv) political participation and voting for 
                        women; and
                            (v) possession and distribution of 
                        literature pertaining to women's human rights;
                    (B) discriminatory laws or customary practices 
                which deprive women of equal rights, such as those 
                pertaining to marriage and family relations, 
                nationality and citizenship, legal capacity, and access 
                to economic resources; or
                    (C) any of the following acts if committed because 
                an individual is a girl or woman: detention, forced 
                labor or prostitution, imprisonment, forced mass 
                resettlement, beating, torture, mutilation, sexual 
                assault and rape, enslavement, murder, and execution.

                TITLE I--DEPARTMENT OF STATE ACTIVITIES

SEC. 101. OFFICE ON INTERNATIONAL WOMEN'S RIGHTS; AMBASSADOR AT LARGE 
              FOR INTERNATIONAL WOMEN'S RIGHTS.

    (a) Establishment of Office.--There is established within the 
Department of State an Office on International Women's Rights that 
shall be headed by the Ambassador at Large for International Women's 
Rights appointed under subsection (b).
    (b) Appointment.--The Ambassador at Large shall be appointed by the 
President, by and with the advice and consent of the Senate.
    (c) Duties.--The Ambassador at Large shall have the following 
responsibilities:
            (1) In general.--The primary responsibility of the 
        Ambassador at Large shall be to advance women's rights abroad, 
        to denounce the violation of those rights, and to recommend 
        appropriate responses by the United States Government when 
        those rights are violated.
            (2) Advisory role.--The Ambassador at Large shall be a 
        principal adviser to the President and the Secretary of State 
        regarding matters affecting women's rights abroad and, with 
        advice from the Commission, shall make recommendations 
        regarding--
                    (A) the policies of the United States Government 
                toward governments that violate women's rights or that 
                fail to ensure the rights of individual women; and
                    (B) policies to advance women's rights abroad.
            (3) Diplomatic representation.--Subject to the direction of 
        the President and the Secretary of State, the Ambassador at 
        Large is authorized to represent the United States in matters 
        and cases relevant to women's rights abroad in--
                    (A) contacts with foreign governments, 
                intergovernmental organizations, specialized agencies 
                of the United Nations, the Organization on Security and 
                Cooperation in Europe, and other international 
                organizations of which the United States is a member; 
                and
                    (B) multilateral conferences and meetings relevant 
                to women's rights abroad.
            (4) Reporting responsibilities.--The Ambassador at Large 
        shall have the reporting responsibilities described in section 
        102.
            (5) Senior coordinator for international women's issues.--
        The Ambassador at Large shall, in addition to his or her other 
        duties, assume the duties of the Senior Coordinator for 
        International Women's Issues of the Department of State.
    (d) Funding.--The Secretary of State shall provide the Ambassador 
at Large with such funds as may be necessary for the hiring of staff 
for the Office, for the conduct of investigations by the Office, and 
for necessary travel to carry out the provisions of this section.

SEC. 102. REPORTS.

    (a) Portions of Annual Human Rights Reports.--The Ambassador at 
Large shall assist the Secretary of State in preparing those portions 
of the Human Rights Reports that relate to women's rights and freedom 
from discrimination based on gender and those portions of other 
information provided to the Congress under sections 116 and 502B of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2304(a)(1)) that relate to 
the right to freedom from discrimination based on sex.
    (b) Annual Report on International Women's Rights.--
            (1) Deadline for submission.--On September 1 of each year 
        or the first day thereafter on which the appropriate House of 
        Congress is in session, the Secretary of State, with the 
        assistance of the Ambassador at Large, and taking into 
        consideration the recommendations of the Commission, shall 
        prepare and transmit to the Congress an Annual Report on 
        International Women's Rights supplementing the most recent 
        Human Rights Reports by providing additional detailed 
        information with respect to matters involving international 
        women's rights. Each Annual Report shall contain the following:
                    (A) Status of women's rights.--A description of the 
                status of women's rights in each foreign country, 
                including--
                            (i) trends toward improvement in the 
                        respect and protection of women's rights and 
                        trends toward deterioration of such rights;
                            (ii) violations of women's rights engaged 
                        in or tolerated by the government of that 
                        country; and
                            (iii) particularly severe violations of 
                        women's rights engaged in or tolerated by the 
                        government of that country.
                    (B) Violations of women's rights.--An assessment 
                and description of the nature and extent of violations 
                of women's rights in each foreign country, including 
                gender-based discrimination by governmental and 
                nongovernmental entities, discrimination targeted at 
                individuals or particular groups of women, and the 
                existence of government policies violating women's 
                rights.
                    (C) United states policies.--A description of 
                United States actions and policies in support of 
                women's rights in each foreign country engaging in or 
                tolerating violations of women's rights, including a 
                description of the measures and policies implemented 
                during the preceding 12 months by the United States 
                under this title and titles IV and V in opposition to 
                violations of women's rights and in support of 
                international women's rights.
                    (D) International agreements in effect.--A 
                description of any binding agreement with a foreign 
                government entered into by the United States under 
                section 401(b) or 402(c).
                    (E) Training and guidelines of government 
                personnel.--A description of--
                            (i) the training described in section 
                        202(e)(3) of the Immigration and Nationality 
                        Act (as amended by section 603(b) of this Act), 
                        the last sentence of section 708(a) of the 
                        Foreign Service Act of 1980 (as amended by 
                        section 602(a) of this Act), and sections 
                        208(e) and 240(f) of the Immigration and 
                        Nationality Act (as amended by section 603 of 
                        this Act), on violations of women's rights that 
                        is provided to immigration judges and consular, 
                        refugee, immigration, and asylum officers; and
                            (ii) the development and implementation of 
                        the guidelines described in subsections (f)(3) 
                        and (g) of 207(g) section 207 of the 
                        Immigration and Nationality Act (as amended by 
                        section 602 of this Act).
                    (F) Executive summary.--An executive summary to the 
                annual report highlighting the status of women's rights 
                in certain foreign countries and including the 
                following:
                            (i) Countries in which the united states is 
                        actively promoting women's rights.--An 
                        identification of foreign countries in which 
                        the United States is actively promoting women's 
                        rights. This section of the report shall 
                        include a description of actions taken by the 
                        United States to promote the internationally 
                        recognized human rights of women and oppose 
                        violations of such rights under title IV and 
                        title V of this Act during the period covered 
                        by the Annual Report. Any country designated as 
                        a country of particular concern for women's 
                        rights under section 402(b)(1) shall be 
                        included in this section of the report.
                            (ii) Countries of significant improvement 
                        in women's rights.--An identification of 
                        foreign countries the governments of which have 
                        demonstrated significant improvement in the 
                        protection and promotion of the internationally 
                        recognized human rights of women during the 
                        period covered by the Annual Report. This 
                        section of the report shall include a 
                        description of the nature of the improvement 
                        and an analysis of the factors contributing to 
                        such improvement, including actions taken by 
                        the United States under this Act.
            (2) Classified addendum.--If the Secretary of State 
        determines that it is in the national security interests of the 
        United States or is necessary for the safety of individuals to 
        be identified in the Annual Report or is necessary to further 
        the purposes of this Act, any information required by paragraph 
        (1), including measures or actions taken by the United States, 
        may be summarized in the Annual Report or the Executive Summary 
        and submitted in more detail in a classified addendum to the 
        Annual Report or the Executive Summary.
    (c) Preparation of Reports Regarding Violations of Women's 
Rights.--
            (1) Standards and investigations.--The Secretary of State 
        shall ensure that United States missions abroad maintain a 
        consistent reporting standard and thoroughly investigate 
        reports of violations of the internationally recognized human 
        rights of women.
            (2) Contacts with nongovernmental organizations.--In 
        compiling data and assessing the respect of women's rights for 
        the Human Rights Reports, the Annual Report, and the Executive 
        Summary, United States mission personnel shall, as appropriate, 
        seek out and maintain contacts with women's and human rights 
        nongovernmental organizations, with the consent of those 
        organizations, including receiving reports and updates from 
        such organizations and, when appropriate, investigating such 
        reports.
    (d) Amendments to the Foreign Assistance Act of 1961.--
            (1) Content of human rights reports for countries receiving 
        economic assistance.--Section 116(d) of the Foreign Assistance 
        Act of 1961 (22 U.S.C. 2151n(d)) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (10);
                    (B) by striking the period at the end of paragraph 
                (11) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(12) wherever applicable, violations of women's rights, 
        including particularly severe violations of women's rights (as 
        defined in section 3 of the International Women's Freedom Act 
        of 2007).''.
            (2) Contents of human rights reports for countries 
        receiving security assistance.--Section 502B(b) of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2304(b)) is amended--
                    (A) in the first sentence, by inserting ``and the 
                Ambassador at Large for International Women's Rights'' 
                after ``Religious Freedom''; and
                    (B) in the fourth sentence by inserting after 
                ``1998)'' the following: ``, and information on 
                violations of women's rights, including particularly 
                severe violations of women's rights (as defined in 
                section 3 of the International Women's Freedom Act of 
                2007)''.

SEC. 103. ESTABLISHMENT OF A WOMEN'S RIGHTS INTERNET SITE.

    In order to facilitate access by nongovernmental organizations and 
by the public around the world to international documents on the 
protection of women's rights, the Secretary of State, with the 
assistance of the Ambassador at Large, shall establish and maintain an 
Internet site containing major international documents relating to 
women's rights, the Annual Report, the Executive Summary, and any other 
documentation or references to other sites as deemed appropriate or 
relevant by the Ambassador at Large.

SEC. 104. TRAINING FOR FOREIGN SERVICE OFFICERS.

    Section 708(a) of the Foreign Service Act of 1980 (22 U.S.C. 
4028(a)) is amended by adding at the end the following flush sentence:
``After January 1, 2008, such training shall include instruction on the 
internationally recognized rights of women and the various aspects and 
manifestations of violations of women's rights.''.

SEC. 105. HIGH-LEVEL CONTACTS WITH NONGOVERNMENTAL ORGANIZATIONS.

    United States chiefs of mission shall seek out and contact any 
women's nongovernmental organizations to provide high-level meetings 
with such nongovernmental organizations where appropriate and 
beneficial. United States chiefs of mission and Foreign Service 
officers abroad shall seek to meet with imprisoned women's rights 
advocates where appropriate and beneficial.

SEC. 106. PROGRAMS AND ALLOCATIONS OF FUNDS BY UNITED STATES MISSIONS 
              ABROAD.

    It is the sense of the Congress that--
            (1) United States diplomatic missions in countries the 
        governments of which engage in or tolerate violations of the 
        internationally recognized human rights of women should 
        develop, as part of annual program planning, a strategy to 
        promote respect for the internationally recognized human rights 
        of women; and
            (2) in allocating or recommending the allocation of funds 
        or recommending candidates for programs and grants funded by 
        the United States Government, United States diplomatic missions 
        should give particular consideration to those programs and 
        candidates deemed to assist in the promotion of women's rights.

SEC. 107. PRISONER LISTS AND ISSUE BRIEFS ON WOMEN'S RIGHTS CONCERNS.

    (a) Sense of the Congress.--To encourage involvement with women's 
rights concerns at every possible opportunity and by all appropriate 
representatives of the United States Government, it is the sense of the 
Congress that officials of the executive branch of the United States 
Government should promote increased advocacy on such issues during 
meetings between foreign dignitaries and executive branch officials or 
Members of Congress.
    (b) Prisoner Lists and Issue Briefs on Women's Rights Concerns.--
The Secretary of State, in consultation with the Ambassador at Large, 
the Under Secretary of State for Democracy and Global Affairs, the 
Assistant Secretary of State for Democracy, Human Rights and Labor, 
United States chiefs of mission abroad, regional experts, and 
nongovernmental human rights groups, shall prepare and maintain issue 
briefs on women's rights, on a country-by-country basis, consisting of 
lists of persons believed to be imprisoned, detained, or placed under 
house arrest because of their gender, together with brief evaluations 
and critiques of the policies of the respective country restricting 
women's rights. In considering the inclusion of names of prisoners on 
such lists, the Secretary of State shall exercise appropriate 
discretion, including concerns regarding the safety, security, and 
benefit to such prisoners.
    (c) Availability of Information.--The Secretary shall, as 
appropriate, provide women's rights issue briefs under subsection (b) 
to executive branch officials and Members of Congress in anticipation 
of bilateral contacts with foreign leaders, both in the United States 
and abroad.

          TITLE II--COMMISSION ON INTERNATIONAL WOMEN'S RIGHTS

SEC. 201. ESTABLISHMENT AND COMPOSITION.

    (a) In General.--There is established the United States Commission 
on International Women's Rights.
    (b) Membership.--
            (1) Appointment.--The Commission shall be composed of--
                    (A) the Ambassador at Large, who shall serve ex 
                officio as a nonvoting member of the Commission; and
                    (B) nine other members, who shall be United States 
                citizens who are not being paid as officers or 
                employees of the United States, and who shall be 
                appointed as follows:
                            (i) Three members of the Commission shall 
                        be appointed by the President.
                            (ii) Three members of the Commission shall 
                        be appointed by the President pro tempore of 
                        the Senate, of which two of the members shall 
                        be appointed upon the recommendation of the 
                        leader in the Senate of the political party 
                        that is not the political party of the 
                        President, and of which one of the members 
                        shall be appointed upon the recommendation of 
                        the leader in the Senate of the other political 
                        party.
                            (iii) Three members of the Commission shall 
                        be appointed by the Speaker of the House of 
                        Representatives, of which two of the members 
                        shall be appointed upon the recommendation of 
                        the leader in the House of the political party 
                        that is not the political party of the 
                        President, and of which one of the members 
                        shall be appointed upon the recommendation of 
                        the leader in the House of the other political 
                        party.
            (2) Selection.--
                    (A) In general.--Members of the Commission shall be 
                selected from among distinguished individuals noted for 
                their knowledge and experience in fields relevant to 
                the issue of international women's rights, including 
                foreign affairs, direct experience abroad, human 
                rights, and international law.
                    (B) Security clearances.--Each member of the 
                Commission shall be required to obtain a security 
                clearance.
            (3) Time of appointment.--The appointments required by 
        paragraph (1) shall be made not later than 120 days after the 
        date of the enactment of this Act.
    (c) Terms.--The term of office of each member of the Commission 
shall be 2 years, beginning on the date of the initial appointment of 
all of the members of the Commission. Members of the Commission shall 
be eligible for reappointment.
    (d) Election of Chairperson.--At the first meeting of the 
Commission in each calendar year, a majority of the members of the 
Commission present and voting shall elect the Chairperson of the 
Commission.
    (e) Quorum.--Six voting members of the Commission shall constitute 
a quorum for purposes of transacting business.
    (f) Meetings.--Each year, within 15 days, or as soon as 
practicable, after the issuance of the Country Reports on Human Rights 
Practices, the Commission shall convene. The Commission shall otherwise 
meet at the call of the Chairperson or, if no Chairperson has been 
elected for that calendar year, at the call of six voting members of 
the Commission.
    (g) Vacancies.--Any vacancy of the Commission shall not affect its 
powers, but shall be filled in the manner in which the original 
appointment was made.
    (h) Administrative Support.--The Administrator of General Services 
shall provide to the Commission on a reimbursable basis (or, in the 
discretion of the Administrator, on a nonreimbursable basis) such 
administrative support services as the Commission may request to carry 
out the provisions of this title.
    (i) Funding.--Members of the Commission shall be allowed travel 
expenses, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under subchapter I of chapter 57 
of title 5, United States Code, while away from their homes or regular 
places of business in the performance of services for the Commission.

SEC. 202. DUTIES OF THE COMMISSION.

    (a) In General.--The Commission shall have as its primary 
responsibility--
            (1) the annual and ongoing review of the facts and 
        circumstances of violations of women's rights presented in the 
        Country Reports on Human Rights Practices, the Annual Report, 
        and the Executive Summary, as well as information from other 
        sources as appropriate; and
            (2) the making of policy recommendations to the President, 
        the Secretary of State, and the Congress with respect to 
        matters involving international women's rights.
    (b) Policy Review and Recommendations in Response to Violations.--
The Commission, in evaluating United States Government policies in 
response to violations of women's rights, shall consider and recommend 
options for policies of the United States Government with respect to 
each foreign country the government of which has engaged in or 
tolerated violations of women's rights, including particularly severe 
violations of women's rights. Such options include diplomatic inquiry, 
diplomatic protest, official public demarche, condemnation within 
multilateral fora, delay or cancellation of cultural or scientific 
exchanges, delay or cancellation of working, official, or state visits, 
reduction of certain assistance funds, termination of certain 
assistance funds, imposition of targeted trade sanctions, imposition of 
broad trade sanctions, and withdrawal of the chief of mission.
    (c) Policy Review and Recommendations in Response to Progress.--The 
Commission, in evaluating the United States Government policies with 
respect to countries found to be taking deliberate steps and making 
significant improvement with respect to women's rights, shall consider 
and recommend policy options, including private commendation, 
diplomatic commendation, official public commendation, commendation 
within multilateral fora, an increase in cultural or scientific 
exchanges, or both, termination or reduction of existing Presidential 
actions, an increase in certain assistance funds, and invitations for 
working, official, or state visits.
    (d) Effects on Women.--Together with specific policy 
recommendations provided under subsections (b) and (c), the Commission 
shall also indicate its evaluation of the potential effects of those 
policies, if implemented, on women in the country in question.
    (e) Monitoring.--The Commission shall, on an ongoing basis, monitor 
facts and circumstances of violations of women's rights, in 
consultation with independent human rights groups and nongovernmental 
organizations, including churches and other religious communities, and 
make such recommendations as may be necessary to the appropriate 
officials and offices of the United States Government.

SEC. 203. POWERS OF THE COMMISSION.

    (a) Hearings and Sessions.--The Commission may, for the purpose of 
carrying out its duties under this title, hold hearings, sit and act at 
times and places in the United States, take testimony, and receive 
evidence as the Commission considers advisable to carry out the 
purposes of this title.
    (b) Information From Federal Agencies.--The Commission may secure 
directly from any Federal department or agency such information as the 
Commission considers necessary to carry out the provisions of this 
section. Upon request of the Chairperson of the Commission, the head of 
such department or agency shall furnish such information to the 
Commission, subject to applicable law.
    (c) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as other 
departments and agencies of the Federal Government.
    (d) Administrative Procedures.--The Commission may adopt such 
regulations relating to administrative procedure as may be reasonably 
necessary to enable it to carry out this title.
    (e) Views of the Commission.--The Members of the Commission may 
speak in their capacity as private citizens. Statements on behalf of 
the Commission shall be issued in writing over the names of the 
Members. The Commission shall in its written statements clearly 
describe its statutory authority, distinguishing that authority from 
that of appointed or elected officials of the United States Government. 
Oral statements, if practicable, shall include a similar description.
    (f) Travel.--The Members of the Commission may, with the approval 
of the Commission, conduct such travel as is necessary to carry out the 
purposes of this title. Each trip must be approved by a majority of the 
Commission. This subsection shall not apply to the Ambassador at Large, 
whose travel shall not require approval by the Commission.

SEC. 204. COMMISSION PERSONNEL MATTERS.

    (a) In General.--The Commission may, without regard to the civil 
service laws and regulations, appoint and terminate an Executive 
Director and such other additional personnel as may be necessary to 
enable the Commission to perform its duties. The decision to employ or 
terminate an Executive Director shall be made by an affirmative vote of 
at least 6 of the 9 members of the Commission.
    (b) Compensation.--The Commission may fix the compensation of the 
Executive Director and other personnel without regard to the provisions 
of chapter 51 and subchapter III of chapter 53 of title 5, United 
States Code, relating to classification of positions and General 
Schedule pay rates, except that the rate of pay for the Executive 
Director and other personnel may not exceed the rate payable for level 
V of the Executive Schedule under section 5316 of such title.
    (c) Professional Staff.--The Commission and the Executive Director 
shall hire Commission staff on the basis of professional and 
nonpartisan qualifications. Commissioners may not individually hire 
staff of the Commission. Staff shall serve the Commission as a whole 
and may not be assigned to the particular service of a single 
Commissioner or a specified group of Commissioners. This subsection 
does not prohibit staff personnel from assisting individual members of 
the Commission with particular needs related to their duties.
    (d) Staff and Services of Other Federal Agencies.--
            (1) Department of state.--The Secretary of State shall 
        assist the Commission by providing on a reimbursable or 
        nonreimbursable basis to the Commission such staff and 
        administrative services as may be necessary and appropriate to 
        perform its functions.
            (2) Other federal agencies.--Upon the request of the 
        Commission, the head of any Federal department or agency may 
        detail, on a reimbursable or nonreimbursable basis, any of the 
        personnel of that department or agency to the Commission to 
        assist it in carrying out its functions under this title. The 
        detail of any such personnel shall be without interruption or 
        loss of civil service or Foreign Service status or privilege.
    (e) Security Clearances.--The Executive Director shall be required 
to obtain a security clearance. The Executive Director may request, on 
a needs-only basis and in order to perform the duties of the 
Commission, that other personnel of the Commission be required to 
obtain a security clearance. The level of clearance shall be the lowest 
necessary to appropriately perform the duties of the Commission.
    (f) Cost.--The Commission shall reimburse all appropriate 
Government agencies for the cost of obtaining clearances for members of 
the Commission, for the Executive Director, and for any other 
personnel.

SEC. 205. REPORTS OF THE COMMISSION.

    (a) In General.--Not later than May 1 of each year, the Commission 
shall submit a report to the President, the Secretary of State, and the 
Congress setting forth its recommendations for United States policy 
options based on its evaluations under section 202.
    (b) Classified Form of Report.--The report may be submitted in 
classified form, together with a public summary of recommendations, if 
the classification of information in the report would further the 
purposes of this Act.
    (c) Individual or Dissenting Views.--Each member of the Commission 
may include the individual or dissenting views of the member.
    (d) Financial Report.--The Commission shall, not later than January 
1 of each year, submit to the Committee on International Relations and 
the Committee on Appropriations of the House of Representatives, and to 
the Committee on Foreign Relations and the Committee on Appropriations 
of the Senate, a report detailing and identifying the expenditures of 
the Commission in the preceding fiscal year.

SEC. 206. APPLICABILITY OF OTHER LAWS.

    The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
to the Commission.

SEC. 207. STANDARDS OF CONDUCT AND DISCLOSURE.

    (a) Cooperation With Nongovernmental Organizations, the Department 
of State, and Congress.--The Commission shall, in performing the 
Commission's duties under this title, seek to effectively and freely 
cooperate with all governmental and nongovernmental entities engaged in 
the promotion of women's rights abroad.
    (b) Conflict of Interest and Antinepotism.--
            (1) Member affiliations.--Except as provided in paragraph 
        (3), in order to ensure the independence and integrity of the 
        Commission, the Commission may not compensate any 
        nongovernmental agency, project, or person related to or 
        affiliated with any member of the Commission, whether in that 
        member's direct employ or not. Staff employed by the Commission 
        may not serve in the employ of any nongovernmental agency, 
        project, or person related to or affiliated with any member of 
        the Commission while employed by the Commission.
            (2) Staff compensation.--Staff of the Commission may not 
        receive compensation from any other source for work performed 
        in carrying out the duties of the Commission while employed by 
        the Commission.
            (3) Exception.--
                    (A) In general.--Subject to subparagraph (B), 
                paragraph (1) shall not apply to payments made for 
                items such as conference fees or the purchase of 
                periodicals or other similar expenses, if such payments 
                would not cause the aggregate value paid to any agency, 
                project, or person for a fiscal year to exceed $250.
                    (B) Limitation.--Notwithstanding subparagraph (A), 
                the Commission shall not give special preference to any 
                agency, project, or person related to or affiliated 
                with any member of the Commission.
            (4) Definitions.--In this subsection, the term 
        ``affiliated'' means the relationship between a member of the 
        Commission and--
                    (A) an individual who holds the position of 
                officer, trustee, partner, director, or employee of an 
                agency, project, or person of which that member, or 
                relative of that member of, the Commission is an 
                officer, trustee, partner, director, or employee; or
                    (B) a nongovernmental agency or project of which 
                that member, or a relative of that member, of the 
                Commission is an officer, trustee, partner, director, 
                or employee.
    (c) Contract Authority.--
            (1) In general.--Subject to the availability of 
        appropriations, the Commission may contract with and compensate 
        Government agencies or persons for the conduct of activities 
        necessary to the discharge of its functions under this title. 
        Any such person shall be hired without interruption or loss of 
        civil service or Foreign Service status or privilege. The 
        Commission may not procure temporary and intermittent services 
        under section 3109(b) of title 5, United States Code, or under 
        other contracting authority other than that allowed under this 
        title.
            (2) Expert study.--In the case of a study requested under 
        section 605 of this Act, the Commission may, subject to the 
        availability of appropriations, contract with experts and shall 
        provide the funds for such a study. The Commission shall not be 
        required to provide the funds for that part of the study 
        conducted by the Comptroller General of the United States.
    (d) Gifts.--
            (1) In general.--In order to preserve its independence, the 
        Commission may not accept, use, or dispose of gifts or 
        donations of services or property. An individual Commissioner 
        or employee of the Commission may not, in his or her capacity 
        as a Commissioner or employee, knowingly accept, use, or 
        dispose of gifts or donations of services or property, unless 
        he or she in good faith believes such gifts or donations to 
        have a value of less than $50 and a cumulative value during a 
        calendar year of less than $100.
            (2) Exceptions.--This subsection shall not apply to the 
        following:
                    (A) Gifts provided on the basis of a personal 
                friendship with a Commissioner or employee, unless the 
                Commissioner or employee has reason to believe that the 
                gift was provided because of the Commissioner's 
                position and not because of the personal friendship.
                    (B) Gifts provided on the basis of a family 
                relationship.
                    (C) The acceptance of training, invitations to 
                attend or participate in conferences or such other 
                events as are related to the conduct of the duties of 
                the Commission, or food or refreshment associated with 
                such activities.
                    (D) Items of nominal value or gifts of estimated 
                value of $10 or less.
                    (E) De minimis gifts provided by a foreign leader 
                or state, not exceeding a value of $260. Gifts believed 
                by Commissioners to be in excess of $260, but which 
                would create offense or embarrassment to the United 
                States Government if refused, shall be accepted and 
                turned over to the United States Government in 
                accordance with the Foreign Gifts and Decorations Act 
                of 1966 and the rules and regulations governing such 
                gifts provided to Members of Congress.
                    (F) Informational materials such as documents, 
                books, videotapes, periodicals, or other forms of 
                communications.
                    (G) Goods or services provided by any agency or 
                component of the Government of the United States, 
                including any commission established under the 
                authority of the Government.

SEC. 208. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
Commission such sums as may be necessary to carry out this title.
    (b) Availability of Funds.--Amounts authorized to be appropriated 
under subsection (a) are authorized to remain available until expended, 
but not later than the date on which the Commission terminates.

SEC. 209. TERMINATION.

    The Commission shall terminate 12 years after the date of the 
initial appointment of all of the members of the Commission.

                  TITLE III--NATIONAL SECURITY COUNCIL

SEC. 301. SPECIAL ADVISER ON INTERNATIONAL WOMEN'S RIGHTS.

    Section 101 of the National Security Act of 1947 (50 U.S.C. 402) is 
amended by adding at the end the following new subsection:
    ``(l) It is the sense of the Congress that there should be within 
the staff of the National Security Council a Special Adviser to the 
President on International Women's Rights, whose position should be 
comparable to that of a director within the Executive Office of the 
President. The Special Adviser should serve as a resource for executive 
branch officials, compiling and maintaining information on the facts 
and circumstances of violations of women's rights (as defined in 
section 3 of the International Women's Freedom Act of 2007), and making 
policy recommendations. The Special Adviser should serve as liaison 
with the Ambassador at Large for International Women's Rights, the 
United States Commission on International Women's Rights, the Congress, 
and, as advisable, women's nongovernmental organizations.''.

                     TITLE IV--PRESIDENTIAL ACTIONS

 Subtitle A--Targeted Responses to Violations of Women's Rights Abroad

SEC. 401. PRESIDENTIAL ACTIONS IN RESPONSE TO VIOLATIONS OF WOMEN'S 
              RIGHTS.

    (a) Response to Violations of Women's Rights.--
            (1) In general.--
                    (A) United states policy.--It shall be the policy 
                of the United States--
                            (i) to oppose violations of women's rights 
                        that are or have been engaged in or tolerated 
                        by the governments of foreign countries; and
                            (ii) to promote women's rights in those 
                        countries through the actions described in 
                        subsection (b).
                    (B) Requirement of presidential action.--For each 
                foreign country the government of which engages in or 
                tolerates violations of women's rights, the President 
                shall oppose such violations and promote the human 
                rights of women in that country through the actions 
                described in subsection (b).
            (2) Basis of actions.--Each action taken under paragraph 
        (1)(B) shall be based upon information regarding violations of 
        women's rights, as described in the latest Country Reports on 
        Human Rights Practices, the Annual Report and Executive 
        Summary, and on any other evidence available, and shall take 
        into account any findings or recommendations by the Commission 
        with respect to the foreign country.
    (b) Presidential Actions.--
            (1) In general.--Subject to paragraphs (2) and (3), the 
        President, in consultation with the Secretary of State, the 
        Ambassador at Large, the Special Adviser, and the Commission, 
        shall, as expeditiously as practicable in response to the 
        violations described in subsection (a) by the government of a 
        foreign country--
                    (A) take one or more of the actions described in 
                paragraphs (1) through (15) of section 405(a) (or 
                commensurate action in substitution therefor) with 
                respect to that country; or
                    (B) negotiate and enter into a binding agreement 
                with the government of that country, as described in 
                section 405(c).
            (2) Deadline for actions.--Not later than September 1 of 
        each year, the President shall take action under any of 
        paragraphs (1) through (15) of section 405(a) (or commensurate 
        action in substitution therefor) with respect to each foreign 
        country the government of which has engaged in or tolerated 
        violations of women's rights at any time since September 1 of 
        the preceding year, except that in the case of action under any 
        of paragraphs (9) through (15) of section 405(a) (or 
        commensurate action in substitution therefor)--
                    (A) the action may only be taken after the 
                requirements of sections 403 and 404 have been 
                satisfied; and
                    (B) the September 1 limitation shall not apply.
            (3) Authority for delay of presidential actions.--The 
        President may delay action that is described in any of 
        paragraphs (9) through (15) of section 405(a) (or commensurate 
        action in substitution therefor)--
                    (A) if the President determines and certifies to 
                the Congress that a single, additional period of time, 
                not to exceed 90 days, is necessary for any of the 
                purposes set forth in section 402(c)(3); and
                    (B) only until the expiration of that additional 
                period.
    (c) Implementation.--
            (1) In general.--In carrying out subsection (b), the 
        President shall--
                    (A) take the action or actions that most 
                appropriately respond to the nature and severity of the 
                violations of women's rights;
                    (B) seek to the fullest extent possible to target 
                action as narrowly as practicable with respect to the 
                agency or instrumentality of the foreign government, or 
                specific officials thereof, that are responsible for 
                such violations; and
                    (C) when appropriate, make every reasonable effort 
                to conclude a binding agreement concerning the 
                cessation of such violations in countries with which 
                the United States has diplomatic relations.
            (2) Guidelines for presidential actions.--In addition to 
        the guidelines under paragraph (1), the President, in 
        determining whether to take a Presidential action under 
        paragraphs (9) through (15) of section 405(a) (or commensurate 
        action in substitution therefor), shall seek to minimize any 
        adverse effects on--
                    (A) the population of the country whose government 
                is targeted by the Presidential action or actions; and
                    (B) the humanitarian activities of United States 
                and foreign nongovernmental organizations in that 
                country.

SEC. 402. PRESIDENTIAL ACTIONS IN RESPONSE TO PARTICULARLY SEVERE 
              VIOLATIONS OF WOMEN'S RIGHTS.

    (a) Response to Particularly Severe Violations of Women's Rights.--
            (1) United states policy.--It shall be the policy of the 
        United States--
                    (A) to oppose particularly severe violations of 
                women's rights that are or have been engaged in or 
                tolerated by the governments of foreign countries; and
                    (B) to promote the rights of women in those 
                countries through the actions described in subsection 
                (c).
            (2) Requirement of presidential action.--Whenever the 
        President determines that the government of a foreign country 
        has engaged in or tolerated particularly severe violations of 
        women's rights, the President shall oppose such violations and 
        promote women's rights through one or more of the actions 
        described in subsection (c).
    (b) Designations of Countries of Particular Concern for Women's 
Rights.--
            (1) Annual review.--
                    (A) In general.--Not later than September 1 of each 
                year, the President shall review the status of women's 
                rights in each foreign country to determine whether the 
                government of that country has engaged in or tolerated 
                particularly severe violations of women's rights in 
                that country during the preceding 12 months or since 
                the date of the last review of that country under this 
                subparagraph, whichever period is longer. The President 
                shall designate each country the government of which 
                has engaged in or tolerated violations described in 
                this subparagraph as a country of particular concern 
                for women's rights.
                    (B) Basis of review.--Each review conducted under 
                subparagraph (A) shall be based upon information 
                contained in the latest Country Reports on Human Rights 
                Practices, the Annual Report, and on any other evidence 
                available, and shall take into account any findings or 
                recommendations of the Commission with respect to the 
                foreign country.
                    (C) Implementation.--Any review under subparagraph 
                (A) of a foreign country may take place singly or 
                jointly with the review of one or more countries and 
                may take place at any time prior to September 1 of the 
                respective year.
            (2) Determinations of responsible parties.--For the 
        government of each country designated as a country of 
        particular concern for women's rights under paragraph (1)(A), 
        the President shall seek to determine the agency or 
        instrumentality and specific officials of the government that 
        are responsible for the particularly severe violations of 
        women's rights engaged in or tolerated by that government in 
        order to appropriately target Presidential actions under this 
        section in response to the violations.
            (3) Congressional notification.--Whenever the President 
        designates a country as a country of particular concern for 
        women's rights under paragraph (1)(A), the President shall, as 
        soon as practicable after the designation is made, transmit to 
        the appropriate congressional committees--
                    (A) the designation of the country, signed by the 
                President; and
                    (B) the identification, if any, of responsible 
                parties determined under paragraph (2).
    (c) Presidential Actions With Respect to Countries of Particular 
Concern for Women's Rights.--
            (1) In general.--Subject to paragraphs (2), (3), (4), and 
        (5), with respect to each country of particular concern for 
        women's rights designated under subsection (b)(1)(A), the 
        President shall, after the requirements of sections 403 and 404 
        have been satisfied, but not later than 90 days after the date 
        of designation of the country under that subsection, carry out 
        one or more of the following actions under subparagraph (A) or 
        subparagraph (B):
                    (A) Presidential actions.--One or more of the 
                Presidential actions described in paragraphs (9) 
                through (15) of section 405(a), as determined by the 
                President.
                    (B) Commensurate actions.--Commensurate action in 
                substitution for any action described in subparagraph 
                (A).
            (2) Substitution of binding agreements.--
                    (A) In general.--In lieu of carrying out action 
                under paragraph (1), the President may conclude a 
                binding agreement with the respective foreign 
                government as described in section 405(c). The 
                existence of a binding agreement under this paragraph 
                with a foreign government may be considered by the 
                President prior to making any determination or taking 
                any action under this title.
                    (B) Statutory construction.--Nothing in this 
                paragraph may be construed to authorize the entry of 
                the United States into an agreement covering matters 
                outside the scope of violations of women's rights.
            (3) Authority for delay of presidential actions.--If, on or 
        before the date that the President is required (but for this 
        paragraph) to take action under paragraph (1), the President 
        determines and certifies to the Congress that a single, 
        additional period of time not to exceed 90 days is necessary--
                    (A) for a continuation of negotiations that have 
                been commenced with the government of that country to 
                bring about a cessation of the violations by the 
                foreign country,
                    (B) for a continuation of multilateral negotiations 
                into which the United States has entered to bring about 
                a cessation of the violations by the foreign country, 
                or
                    (C)(i) for a review of corrective action taken by 
                the foreign country after designation of that country 
                as a country of particular concern, or
                    (ii) in anticipation that corrective action will be 
                taken by the foreign country during that additional 
                period of time,
                then the President shall not be required to take action 
                until the expiration of that additional period of time.
            (4) Exception for ongoing presidential action under this 
        act.--The President shall not be required to take action under 
        this subsection in the case of a country of particular concern 
        for women's rights, if, with respect to that country--
                    (A) the President has taken action pursuant to this 
                Act in a preceding year;
                    (B) such action is in effect at the time the 
                country is designated as a country of particular 
                concern for women's rights under this section; and
                    (C) the President reports to the Congress the 
                information described in paragraphs (1), (2), (3), and 
                (4) of section 404(a) regarding the actions in effect 
                with respect to that country.
            (5) Exception for ongoing multiple broad-based sanctions in 
        response to human rights violations.--If, at the time the 
        President determines a country to be a country of particular 
        concern for women's rights, that country is already subject to 
        multiple, broad-based sanctions imposed in significant part in 
        response to human rights abuses, and such sanctions are 
        ongoing, the President may determine that one or more of these 
        sanctions also satisfies the requirements of this subsection. 
        In the report to the Congress under section 404(a), and, as 
        applicable, in the information published under section 408, the 
        President shall designate the specific sanction or sanctions 
        which the President determines satisfy the requirements of this 
        subsection. The sanctions so designated shall remain in effect 
        as provided in section 409.
    (d) Statutory Construction.--A determination under this Act, or any 
amendment made by this Act, that a foreign country has engaged in or 
tolerated particularly severe violations of women's rights shall not be 
construed to require the termination of assistance or other activities 
with respect to that country under any other provision of law, 
including section 116 or 502B of the Foreign Assistance Act of 1961 (22 
U.S.C. 2151n, 2304).

SEC. 403. CONSULTATIONS.

    (a) In General.--As soon as practicable after the President decides 
under section 401 to take an action under any of paragraphs (9) through 
(15) of section 405(a) (or commensurate action in substitution 
therefor) with respect to a country in response to violations of 
women's rights, or not later than 90 days after the President 
designates a country as a country of particular concern for women's 
rights under section 402, as the case may be, the President shall carry 
out the consultations required in this section.
    (b) Duty To Consult With Foreign Governments Prior to Taking 
Presidential Actions.--
            (1) In general.--The President shall--
                    (A) request consultation with the government of the 
                country concerned regarding the violations giving rise 
                to the designation of that country as a country of 
                particular concern for women's rights, or to 
                Presidential action under section 401, as the case may 
                be; and
                    (B) if agreed to, enter into such consultations, 
                privately or publicly.
            (2) Use of multilateral fora.--If the President determines 
        it to be appropriate, consultations under paragraph (1) may be 
        sought and may occur in a multilateral forum, but, in any 
        event, the President shall consult with appropriate foreign 
        governments for the purposes of achieving a coordinated 
        international policy on actions that may be taken with respect 
        to a country described in subsection (a), prior to implementing 
        any such action.
            (3) Election of nondisclosure of negotiations to public.--
        If negotiations are undertaken or an agreement is concluded 
        with a foreign government regarding steps to cease the pattern 
        of violations by that government, and if public disclosure of 
        such negotiations or agreement would jeopardize the 
        negotiations or the implementation of such agreement, as the 
        case may be, the President may refrain from disclosing such 
        negotiations and such agreement to the public, except that the 
        President shall inform the appropriate congressional committees 
        of the nature and extent of such negotiations and any agreement 
        reached.
    (c) Duty To Consult With Humanitarian Organizations.--The President 
should consult with appropriate humanitarian and human rights 
organizations concerning the potential impact of United States policies 
to promote women's rights in countries described in subsection (a).
    (d) Duty To Consult With United States Interested Parties.--The 
President shall, as appropriate, consult with interested parties in the 
United States, including the Commission on International Women's 
Rights, with respect to the potential impact of intended Presidential 
action or actions in countries described in subsection (a) on economic 
or other interests of the United States.

SEC. 404. REPORT TO CONGRESS.

    (a) In General.--Subject to subsection (b), not later than 90 days 
after the President decides under section 401 to take action under 
paragraphs (9) through (15) of section 405(a) (or commensurate action 
in substitution therefor) with respect to a country, in response to 
violations of women's rights by that country, or not later than 90 days 
after the President designates a country as a country of particular 
concern for women's rights under section 402, as the case may be, the 
President shall submit a report to the Congress containing the 
following:
            (1) Identification of presidential actions.--An 
        identification of the action or actions described in paragraphs 
        (9) through (15) of section 405(a) (or commensurate action in 
        substitution therefor) to be taken with respect to the foreign 
        country.
            (2) Description of violations.--A description of the 
        violations giving rise to the action or actions to be taken.
            (3) Purpose of presidential actions.--A description of the 
        purpose of the action or actions.
            (4) Evaluation.--
                    (A) Description.--An evaluation, in consultation 
                with the Secretary of State, the Ambassador at Large, 
                the Commission, the Special Adviser, the parties 
                described in subsections (c) and (d) of section 403, 
                and whomever else the President deems appropriate, of 
                the effects of the action or actions on--
                            (i) the government of the foreign country;
                            (ii) the population of the country; and
                            (iii) the United States economy and other 
                        interested parties.
                    (B) Authority to withhold disclosure.--The 
                President may withhold part or all of such evaluation 
                from the public but shall provide the evaluation to the 
                Congress in its entirety.
            (5) Statement of policy options.--A statement that 
        noneconomic policy options designed to bring about cessation of 
        the violations of women's rights have reasonably been 
        exhausted, including the consultations required in section 403.
            (6) Description of multilateral negotiations.--A 
        description of multilateral negotiations sought or carried out, 
        if appropriate and applicable.
    (b) Delay in Transmittal of Report.--If, on or before the date that 
the President is required (but for this subsection) to submit a report 
under subsection (a) to the Congress, the President determines and 
certifies to the Congress, under section 401(b)(3) or 402(c)(3), that a 
single, additional period of time not to exceed 90 days is necessary, 
then the President shall not be required to submit the report to the 
Congress until the expiration of that additional period of time.

SEC. 405. DESCRIPTION OF PRESIDENTIAL ACTIONS.

    (a) Description of Presidential Actions.--Except as provided in 
subsection (d), the Presidential actions referred to in this subsection 
are the following:
            (1) A private demarche.
            (2) An official public demarche.
            (3) A public condemnation.
            (4) A public condemnation within one or more multilateral 
        fora.
            (5) The delay or cancellation of one or more scientific 
        exchanges.
            (6) The delay or cancellation of one or more cultural 
        exchanges.
            (7) The denial of one or more working, official, or state 
        visits.
            (8) The delay or cancellation of one or more working, 
        official, or state visits.
            (9) The withdrawal, limitation, or suspension of United 
        States development assistance in accordance with section 116 of 
        the Foreign Assistance Act of 1961.
            (10) Directing the Export-Import Bank of the United States, 
        the Overseas Private Investment Corporation, or the Trade and 
        Development Agency not to approve the issuance of any (or a 
        specified number of) guarantees, insurance, extensions of 
        credit, or participations in the extension of credit with 
        respect to the specific government, agency, instrumentality, or 
        official found or determined by the President to be responsible 
        for the violations under section 401 or 402.
            (11) The withdrawal, limitation, or suspension of United 
        States security assistance in accordance with section 502B of 
        the Foreign Assistance Act of 1961.
            (12) Consistent with section 701 of the International 
        Financial Institutions Act, directing the United States 
        executive directors of international financial institutions to 
        oppose and vote against loans primarily benefitting the 
        specific foreign government, agency, instrumentality, or 
        official found or determined by the President to be responsible 
        for the violations under section 401 or 402.
            (13) Ordering the heads of the appropriate United States 
        agencies not to issue any (or a specified number of) specific 
        licenses, and not to grant any other specific authority (or a 
        specified number of authorities), to export any goods or 
        technology to the specific foreign government, agency, 
        instrumentality, or official found or determined by the 
        President to be responsible for the violations under section 
        401 or 402, under--
                    (A) the Export Administration Act of 1979 (as 
                continued in effect under the International Emergency 
                Economic Powers Act);
                    (B) the Arms Export Control Act;
                    (C) the Atomic Energy Act of 1954; or
                    (D) any other statute that requires the prior 
                review and approval of the United States Government as 
                a condition for the export or reexport of goods or 
                services.
            (14) Prohibiting any United States financial institution 
        from making loans or providing credits totaling more than 
        $10,000,000 in any 12-month period to the specific foreign 
        government, agency, instrumentality, or official found or 
        determined by the President to be responsible for the 
        violations under section 401 or 402.
            (15) Prohibiting the United States Government from 
        procuring, or entering into any contract for the procurement 
        of, any goods or services from the foreign government, agency, 
        instrumentality, or official found or determined by the 
        President to be responsible for the violations under section 
        401 or 402.
    (b) Commensurate Action.--Except as provided in subsection (d), the 
President may substitute any other action authorized by law for any 
action described in paragraphs (1) through (15) of subsection (a) if 
such action is commensurate in effect to the action substituted and if 
the action would further the policy of the United States set forth in 
section 2(b) of this Act. The President shall seek to take all 
appropriate and feasible actions authorized by law to obtain the 
cessation of the violations. If commensurate action is taken, the 
President shall report such action, together with an explanation for 
taking such action, to the appropriate congressional committees.
    (c) Binding Agreements.--The President may negotiate and enter into 
a binding agreement with a foreign government against which sanctions 
would otherwise be imposed that obligates that government to cease, or 
take substantial steps to address and phase out, the act, policy, or 
practice constituting the violation or violations of women's rights. 
The entry into force of a binding agreement for the cessation of the 
violations shall be a primary objective for the President in responding 
to a foreign government that has engaged in or tolerated particularly 
severe violations of women's rights.
    (d) Exceptions.--Any action taken pursuant to subsection (a) or (b) 
may not prohibit or restrict the provision of medicine, medical 
equipment or supplies, food, or other humanitarian assistance.

SEC. 406. EFFECTS ON EXISTING CONTRACTS.

    The President shall not be required to apply or maintain any 
Presidential action under this subtitle--
            (1) in the case of procurement of defense articles or 
        defense services--
                    (A) under existing contracts or subcontracts, 
                including the exercise of options for production 
                quantities, to satisfy requirements essential to the 
                national security of the United States;
                    (B) if the President determines in writing and so 
                reports to the Congress that the person or other entity 
                to which the Presidential action would otherwise be 
                applied is a sole source supplier of the defense 
                articles or services, that the defense articles or 
                services are essential, and that alternative sources 
                are not readily or reasonably available; or
                    (C) if the President determines in writing and so 
                reports to the Congress that such articles or services 
                are essential to the national security under defense 
                coproduction agreements; or
            (2) to products or services provided under contracts 
        entered into before the date on which the President publishes 
        his intention to take the Presidential action.

SEC. 407. PRESIDENTIAL WAIVER.

    (a) In General.--Subject to subsection (b), the President may waive 
the application of any of the actions described in paragraphs (9) 
through (15) of section 405(a) (or commensurate action in substitution 
therefor) with respect to a country, if the President determines and so 
reports to the appropriate congressional committees that--
            (1) the government of that country has ceased the 
        violations giving rise to the Presidential action;
            (2) the exercise of such waiver authority would further the 
        purposes of this Act; or
            (3) the important national interest of the United States 
        requires the exercise of such waiver authority.
    (b) Congressional Notification.--Not later than the date of the 
exercise of a waiver under subsection (a), the President shall notify 
the appropriate congressional committees of the waiver or the intention 
to exercise the waiver, together with a detailed justification 
therefor.

SEC. 408. PUBLICATION IN FEDERAL REGISTER.

    (a) In General.--Subject to subsection (b), the President shall 
cause to be published in the Federal Register the following:
            (1) Determinations of governments, officials, and entities 
        of particular concern.--Any designation of a country of 
        particular concern for women's rights under section 402(b)(1), 
        together with, when applicable and to the extent practicable, 
        the identities of the officials or entities determined to be 
        responsible for the violations under section 402(b)(2).
            (2) Presidential actions.--A description of any 
        Presidential action under paragraphs (9) through (15) of 
        section 405(a) (or commensurate action in substitution 
        therefor) and the effective date of the Presidential action.
            (3) Delays in transmittal of presidential action reports.--
        Any delay in transmittal of a Presidential action report, as 
        described in section 404(b).
            (4) Waivers.--Any waiver under section 407.
    (b) Limited Disclosure of Information.--The President may limit 
publication of information under this section in the same manner and to 
the same extent as the President may limit the publication of findings 
and determinations described in section 654(c) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2414(c)), if the President determines 
that the publication of information under this section--
            (1) would be harmful to the national security of the United 
        States; or
            (2) would not further the purposes of this Act.

SEC. 409. TERMINATION OF PRESIDENTIAL ACTIONS.

    Any Presidential action taken under this Act with respect to a 
foreign country shall terminate on the earlier of the following dates:
            (1) Termination date.--The date that is 2 years after the 
        effective date of the Presidential action, unless expressly 
        reauthorized by law.
            (2) Foreign government actions.--The date on which the 
        President determines, in consultation with the Commission, and 
        certifies to the Congress that the government of the foreign 
        country has ceased or taken substantial and verifiable steps to 
        cease the particularly severe violations of women's rights.

SEC. 410. PRECLUSION OF JUDICIAL REVIEW.

    No court shall have jurisdiction to review any Presidential 
determination or agency action under this Act or any amendment made by 
this Act.

                 Subtitle B--Strengthening Existing Law

SEC. 421. UNITED STATES ASSISTANCE.

    (a) Implementation of Prohibition on Economic Assistance.--Section 
116(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(c)) is 
amended--
            (1) in the matter preceding paragraph (1), by inserting 
        ``and the Ambassador at Large for International Women's 
        Rights'' after ``Religious Freedom'';
            (2) by striking ``and'' at the end of paragraph (2);
            (3) by striking the period at the end of paragraph (3) and 
        inserting ``; and''; and
            (4) by adding at the end the following new paragraph:
            ``(4) whether the government--
                    ``(A) has engaged in or tolerated particularly 
                severe violations of women's rights, as defined in 
                section 3 of the International Women's Freedom Act of 
                2007; or
                    ``(B) has failed to undertake serious and sustained 
                efforts to combat particularly severe violations of 
                women's rights (as defined in section 3 of the 
                International Women's Freedom Act of 2007), when such 
                efforts could have been reasonably undertaken.''.
    (b) Implementation of Prohibition on Military Assistance.--Section 
502B(a)(4) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(a)(4)) 
is amended--
            (1) by striking ``(A)'' and inserting ``(A)(i)'';
            (2) by striking ``(B)'' and inserting ``(ii)'';
            (3) by striking the period at the end and inserting ``; 
        or''; and
            (4) by adding at the end the following:
            ``(B)(i) has engaged in or tolerated particularly severe 
        violations of women's rights, as defined in section 3 of the 
        International Women's Freedom Act of 2007; or
            ``(ii) has failed to undertake serious and sustained 
        efforts to combat particularly severe violations of women's 
        rights when such efforts could have been reasonably 
        undertaken.''.

SEC. 422. MULTILATERAL ASSISTANCE.

    Section 701 of the International Financial Institutions Act (22 
U.S.C. 262d) is amended--
            (1) by redesignating the second subsection (g) as 
        subsection (h); and
            (2) by adding at the end the following new subsection:
    ``(l) In determining whether the government of a country engages in 
a pattern of gross violations of internationally recognized human 
rights, as described in subsection (a), the President shall give 
particular consideration to whether a foreign government--
            ``(1) has engaged in or tolerated particularly severe 
        violations of women's rights, as defined in section 3 of the 
        International Women's Freedom Act of 2007; or
            ``(2) has failed to undertake serious and sustained efforts 
        to combat particularly severe violations of women's rights when 
        such efforts could have been reasonably undertaken.''.

SEC. 423. EXPORTS OF CERTAIN ITEMS USED IN PARTICULARLY SEVERE 
              VIOLATIONS OF WOMEN'S RIGHTS.

    (a) Mandatory Licensing.--Notwithstanding any other provision of 
law, the Secretary of Commerce, with the concurrence of the Secretary 
of State, shall include on the list of crime control and detection 
instruments or equipment controlled for export and reexport under 
section 6(n) of the Export Administration Act of 1979 (50 U.S.C. App. 
2405(n)) (as continued in effect under the International Emergency 
Economic Powers Act), or under any other provision of law, items being 
exported or reexported to countries of particular concern for women's 
rights that the Secretary of Commerce, with the concurrence of the 
Secretary of State, and in consultation with appropriate officials 
including the Under Secretary of State for Democracy and Global 
Affairs, Assistant Secretary of State for Democracy, Human Rights and 
Labor, and the Ambassador at Large, determines are being used or are 
intended for use directly and in significant measure to carry out 
particularly severe violations of women's rights.
    (b) Licensing Ban.--The prohibition on the issuance of a license 
for export of crime control and detection instruments or equipment 
under section 502B(a)(2) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2304(a)(2)) shall apply to the export and reexport of any item 
included under subsection (a) on the list of crime control instruments.

                  TITLE V--PROMOTION OF WOMEN'S RIGHTS

SEC. 501. ASSISTANCE FOR PROMOTING WOMEN'S RIGHTS.

    (a) Findings.--Congress makes the following findings:
            (1) In many countries where severe violations of women's 
        rights occur, there is insufficient statutory legal protection 
        for women, a lack of enforcement of the law, or insufficient 
        cultural and social understanding of international norms of 
        women's rights.
            (2) Accordingly, in the provision of foreign assistance, 
        the United States should make a priority of promoting and 
        developing legal protections and enforcement, as well as 
        cultural respect for women's rights.
    (b) Allocation of Funds for Increased Promotion of Women's 
Rights.--Section 116(e) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2151n(e)) is amended by inserting ``and the rights of women'' 
after ``free religious belief and practice''.

SEC. 502. INTERNATIONAL BROADCASTING.

    Section 303(a)(8) of the United States International Broadcasting 
Act of 1994 (22 U.S.C. 6202(a)(8)) is amended by inserting ``and 
women's rights'' after ``religion''.

SEC. 503. INTERNATIONAL EXCHANGES.

    Section 102(b) of the Mutual Educational and Cultural Exchange Act 
of 1961 (22 U.S.C. 2452(b)) is amended--
            (1) by striking ``and'' after paragraph (11);
            (2) by striking the period at the end of paragraph (12) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(13) promoting respect for and guarantees of women's 
        rights abroad by interchanges and visits between the United 
        States and other nations of leaders, scholars, and legal 
        experts in the field of women's rights.''.

SEC. 504. FOREIGN SERVICE AWARDS.

    (a) Performance Pay.--Section 405(d) of the Foreign Service Act of 
1980 (22 U.S.C. 3965(d)) is amended in the second sentence by inserting 
``and women's rights'' after ``freedom of religion''.
    (b) Foreign Service Awards.--Section 614 of the Foreign Service Act 
of 1980 (22 U.S.C. 4013) is amended in the last sentence by inserting 
``and women's rights,'' after ``freedom of religion''.

            TITLE VI--REFUGEE, ASYLUM, AND CONSULAR MATTERS

SEC. 601. USE OF ANNUAL REPORT.

    The Annual Report, together with other relevant documentation, 
shall serve as a resource for immigration judges and consular, refugee, 
and asylum officers in cases involving claims of mistreatment on the 
grounds of gender. Absence of reference by the Annual Report to 
conditions described by the alien shall not constitute the sole grounds 
for a denial of the alien's claim.

SEC. 602. REFUGEE TRAINING.

    (a) Training for Foreign Service Officers.--Section 708(b) of the 
Foreign Service Act of 1980 (22 U.S.C. 4028(b)) is amended by striking 
``and on religious persecution'' and inserting ``, on religious 
persecution, and on gender-based discrimination''.
    (b) Consultation With Congress Concerning Admissions of Refugees.--
            (1) In general.--Section 207 of the Immigration and 
        Nationality Act (8 U.S.C. 1157) is amended--
                    (A) in subsection (d)(1), in the first sentence, by 
                inserting ``, information relating to gender-based 
                discrimination against such refugees in their countries 
                of nationality or last habitual residence,'' after 
                ``resettlement during the fiscal year'';
                    (B) in subsection (e)--
                            (i) in the matter preceding paragraph (1), 
                        by inserting ``the Secretary of State and'' 
                        before ``designated'';
                            (ii) by redesignating paragraph (7) as 
                        paragraph (8); and
                            (iii) by inserting after paragraph (6) the 
                        following new paragraph:
            ``(7) A description of any gender-based discrimination 
        experienced by such refugees in their countries of nationality 
        or last habitual residence.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect beginning with the first fiscal year that 
        begins after the date of the enactment of this Act.
    (c) Guidelines and Training for Officials Adjudicating Refugee 
Cases.--
            (1) In general.--Such section is further amended--
                    (A) in subsection (f), by adding at the end the 
                following new paragraph:
    ``(3) The Secretary of Homeland Security, in consultation with the 
Secretary of State, shall develop and implement training guidelines 
related to nondiscrimination in the adjudication of such cases as a 
result of the gender, race, religion, nationality, membership in a 
particular social group, or political opinion of the alien applying to 
be admitted as a refugee under this section. Such training guidelines 
shall be culturally sensitive and shall provide the officials subject 
to such training with the tools to provide a nonbiased and 
nonadversarial atmosphere for the purpose of adjudicating such 
cases.''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(g)(1) The Secretary of Homeland Security, in consultation with 
the Secretary of State, shall promulgate regulations to ensure--
            ``(A) uniform procedures for the establishment of 
        agreements between the United States Government and designated 
        entities and personnel responsible for the preparation of 
        refugee case files for use in refugee adjudications; and
            ``(B) uniform procedures regarding the preparation of such 
        files by such entities and personnel.
    ``(2) Such regulations shall ensure that--
            ``(A) such files accurately reflect the information 
        provided by the alien seeking admission as a refugee under this 
        section; and
            ``(B) such aliens are not disadvantaged or denied such 
        admission as a result of faulty case file preparation.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect and apply with respect to aliens seeking 
        admission as refugees under section 207 of the Immigration and 
        Nationality Act (8 U.S.C. 1157) beginning with the first fiscal 
        year that begins after the date of the enactment of this Act.

SEC. 603. REFORM OF ASYLUM POLICY.

    (a) Language Translation Services.--
            (1) In general.--Section 208(d) of the Immigration and 
        Nationality Act (8 U.S.C. 1158(d)) is amended by adding at the 
        end the following new paragraph:
            ``(8) Language translation services.--
                    ``(A) In general.--The Secretary of Homeland 
                Security, in consultation with the Secretary of State, 
                shall promulgate regulations that provide that the 
                United States does not use the language translation 
                services of an individual who demonstrates a bias or 
                potential bias on the grounds of gender, race, 
                religion, nationality, membership in a particular 
                social group, or political opinion in connection with 
                the giving of testimony by an alien before the trier of 
                fact under subsection (b)(1)(B) or an asylum officer 
                under section 235(b)(1)(B).
                    ``(B) Prohibition on assistance by certain 
                individuals.--The Secretary of Homeland Security, in 
                consultation with the Secretary of State, shall 
                promulgate regulations to provide that the United 
                States does not use the language translation services 
                of an individual who is an interpreter for or other 
                employee of an airline owned by a country the 
                government of which the Secretary of Homeland Security, 
                in consultation with the Secretary of State, has 
                determined has engaged in persecution on the grounds of 
                gender, race, religion, nationality, membership in a 
                particular social group, or political opinion in 
                connection with the giving of testimony by an alien 
                before the trier of fact under subsection (b)(1)(B) or 
                an asylum officer under section 235(b)(1)(B).''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply to the use of language translation services after 
        the date of the enactment of this Act.
    (b) Training for Officials.--Section 208 of the Immigration and 
Nationality Act (8 U.S.C. 1158) is amended by adding at the end the 
following new subsection:
    ``(e) Training for Officials.--In addition to the training that is 
provided to officers adjudicating asylum cases under this section and 
asylum officers under section 235(b)(1)(E), the Secretary of Homeland 
Security, in consultation with the Secretary of State, the Ambassador 
at Large for International Women's Rights of the Department of State, 
the Director of the George P. Shultz National Foreign Affairs Training 
Center (commonly referred to as the `Foreign Service Institute'), and 
other appropriate officials, shall provide to such officers training 
relating to the nature of gender-based discrimination in foreign 
countries (including country-specific conditions), instruction 
concerning internationally-recognized women's rights, and information 
regarding state sponsored and non-state sponsored applicable 
distinctions in a foreign country between the treatment of men and 
women.''.
    (c) Training for Immigration Judges Conducting Proceedings for 
Deciding the Inadmissibility or Deportability of an Alien.--Section 240 
of the Immigration and Nationality Act (8 U.S.C. 1229a) is amended by 
adding at the end the following new subsection:
    ``(f) Training for Immigration Judges Conducting Proceedings for 
Deciding the Inadmissibility or Deportability of an Alien.--The 
Attorney General shall provide to immigration judges training related 
to the nature of gender-based discrimination in foreign countries 
(including country-specific conditions), instruction concerning 
internationally-recognized women's rights, and information regarding 
state sponsored and non-state sponsored distinctions in a foreign 
country between the treatment of men and women.''.

SEC. 604. INADMISSIBILITY OF FOREIGN GOVERNMENT OFFICIALS WHO HAVE 
              ENGAGED IN PARTICULARLY SEVERE VIOLATIONS OF WOMEN'S 
              RIGHTS.

    (a) Ineligibility for Visas and Admission to the United States.--
Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(2)) is amended by adding at the end the following new 
subparagraph:
                    ``(J) Foreign government officials who have engaged 
                in particularly severe violations of women's rights.--
                Any alien who, while serving as a foreign government 
                official, was responsible for or directly carried out, 
                at any time during the preceding 24-month period, 
                particularly severe violations of women's rights, as 
                defined in section 3 of the International Women's 
                Freedom Act of 2007, and the spouse, son, or daughter, 
                if any, of such official, is inadmissible.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to determinations of admissibility made on or after the date of 
the enactment of this Act.

SEC. 605. STUDY ON THE EFFECT OF EXPEDITED REMOVAL PROVISIONS ON ASYLUM 
              CLAIMS.

    (a) Study.--
            (1) Comptroller general.--The Comptroller General of the 
        United States shall conduct a study alone or, upon request by 
        the Commission under paragraph (2), in cooperation with experts 
        invited by the Commission, to determine whether immigration 
        officers (including asylum officers (as defined in section 
        235(b)(1)(E) of the Immigration and Nationality Act (8 U.S.C. 
        1225(b)(1)(E))) performing duties under section 235(b) of such 
        Act with respect to aliens who may be eligible for asylum are 
        engaging in any of the following conduct:
                    (A) Failing to inform an alien of the right to seek 
                protection in the United States if (s)he has any reason 
                to fear persecution in his or her home country.
                    (B) Encouraging aliens expressing a fear of gender-
                based persecution to withdraw their applications for 
                admission.
                    (C) Determining aliens are ineligible for asylum 
                before referring such aliens for an interview by an 
                asylum officer for a determination of whether they have 
                a credible fear of persecution (within the meaning of 
                section 235(b)(1)(B)(v) of such Act).
                    (D) Incorrectly failing to keep complete records of 
                a decision to enforce expedited removal and an alien's 
                reasons for the withdrawal of an asylum application.
                    (E) Improperly using detention as a deterrent to an 
                alien's pursuing an asylum claim.
                    (F) Improperly detaining asylum seekers who 
                establish a credible fear, identity, community ties, 
                and who do not pose a security risk.
                    (G) Improperly detaining asylum seekers in jail-
                like facilities where staff is not given specific 
                training on the special needs of asylum seekers.
            (2) Commission request for participation by experts on 
        refugee and asylum issues.--The Commission may invite experts 
        who are recognized for their expertise and knowledge of refugee 
        and asylum issues to cooperate with the Comptroller General in 
        carrying out paragraph (1).
    (b) Reports.--
            (1) Comptroller general.--Not later than one year after the 
        date of the enactment of this Act, the Comptroller General of 
        the United States shall submit to the Committee on the 
        Judiciary of the House of Representatives, the Committee on the 
        Judiciary of the Senate, the Committee on Foreign Affairs of 
        the House of Representatives, and the Committee on Foreign 
        Relations of the Senate a report containing the findings of the 
        study conducted under subsection (a). If the experts referred 
        to in such subsection were involved in conducting such study, 
        the Comptroller General shall allow such experts to include in 
        the report a section setting forth their views and conclusions.
            (2) Experts.--In the case of a Commission request under 
        subsection (a)(2), the experts invited by the Commission under 
        such subsection may submit a report to the committees described 
        in paragraph (1). Such report may be submitted with the 
        Comptroller General's report under paragraph (1) or 
        independently.
    (c) Access to Proceedings.--
            (1) In general.--Except as provided in paragraph (2), to 
        facilitate the completion of the duties described in this 
        section, the Comptroller General and the experts, if any, 
        referred to in subsection (a)(2) shall have unrestricted access 
        to all stages of all inspections of aliens for admission under 
        section 235(b) of the Immigration and Nationality Act (8 U.S.C. 
        1225(b)).
            (2) Exception.--Paragraph (1) shall not apply with respect 
        to the inspection if--
                    (A) the alien concerned objects to such access; or
                    (B) the Secretary of Homeland Security determines 
                that the security of a particular proceeding would be 
                threatened by such access, so long as any restrictions 
                on the access of experts invited by the Commission 
                under subsection (a)(2) do not contravene international 
                law.

                  TITLE VII--MISCELLANEOUS PROVISIONS

SEC. 701. BUSINESS CODES OF CONDUCT.

    (a) Congressional Finding.--The Congress recognizes the increasing 
importance of transnational corporations as global actors, and their 
potential for providing positive leadership in their host countries in 
the area of human rights.
    (b) Sense of the Congress.--It is the sense of the Congress that 
transnational corporations operating overseas, particularly those 
corporations operating in countries the governments of which have 
engaged in or tolerated violations of women's rights, as identified in 
the Annual Report, should adopt codes of conduct--
            (1) upholding the rights of their female employees; and
            (2) ensuring that a worker's gender shall in no way affect, 
        or be allowed to affect, the status or terms of his or her 
        employment.
                                 <all>