110 HR 3728 IH: International Women’s Freedom Act of 2007
U.S. House of Representatives
2007-10-02
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EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.Short title; table of contents
(a)This Act may be cited as the International Women’s Freedom Act of 2007
.
(b)The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings; policy.
Sec. 3. Definitions.
Title I—Department of State Activities
Sec. 101. Office on International Women’s Rights; Ambassador at Large for International Women’s Rights.
Sec. 102. Reports.
Sec. 103. Establishment of a women’s rights internet site.
Sec. 104. Training for foreign service officers.
Sec. 105. High-level contacts with nongovernmental organizations.
Sec. 106. Programs and allocations of funds by United States missions abroad.
Sec. 107. Prisoner lists and issue briefs on women’s rights concerns.
Title II—Commission on International Women’s Rights
Sec. 201. Establishment and composition.
Sec. 202. Duties of the Commission.
Sec. 203. Powers of the commission.
Sec. 204. Commission personnel matters.
Sec. 205. Reports of the Commission.
Sec. 206. Applicability of other laws.
Sec. 207. Standards of conduct and disclosure.
Sec. 208. Authorization of appropriations.
Sec. 209. Termination.
Title III—National Security Council
Sec. 301. Special Adviser on International Women’s Rights.
Title IV—Presidential Actions
Subtitle A—Targeted Responses to Violations of Women’s Rights Abroad
Sec. 401. Presidential actions in response to violations of women’s rights.
Sec. 402. Presidential actions in response to particularly severe violations of women’s rights.
Sec. 403. Consultations.
Sec. 404. Report to Congress.
Sec. 405. Description of Presidential actions.
Sec. 406. Effects on existing contracts.
Sec. 407. Presidential waiver.
Sec. 408. Publication in Federal Register.
Sec. 409. Termination of Presidential actions.
Sec. 410. Preclusion of judicial review.
Subtitle B—Strengthening Existing Law
Sec. 421. United States assistance.
Sec. 422. Multilateral assistance.
Sec. 423. Exports of certain items used in particularly severe violations of women’s rights.
Title V—Promotion of women’s rights
Sec. 501. Assistance for promoting women’s rights.
Sec. 502. International broadcasting.
Sec. 503. International exchanges.
Sec. 504. Foreign service awards.
Title VI—Refugee, asylum, and consular matters
Sec. 601. Use of annual report.
Sec. 602. Refugee training.
Sec. 603. Reform of asylum policy.
Sec. 604. Inadmissibility of foreign government officials who have engaged in particularly severe violations of women’s rights.
Sec. 605. Study on the effect of expedited removal provisions on asylum claims.
Title VII—Miscellaneous Provisions
Sec. 701. Business codes of conduct.
2.
(a)Congress makes the following findings:
(1)Support for human rights is the cornerstone of American foreign policy, and the advance of women's rights and the advance of liberty are ultimately inseparable.
(2)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)It shall be the policy of the United States to do the following:
(1)To condemn violations of women’s rights, and to promote, and to assist other governments in promoting, the fundamental human rights of women.
(2)To seek to channel United States security and development assistance to governments other than those found to be engaged in gross violations of the rights of women, as set forth in the Foreign Assistance Act of 1961, in the International Financial Institutions Act, and in other formulations of United States human rights policy.
(3)To be vigorous and flexible, reflecting both the unwavering commitment of the United States to women’s rights and the desire of the United States for the most effective and principled response, in light of the range of violations of women’s rights by a variety of persecuting regimes, and the status of the relations of the United States with different nations.
(4)To work with foreign governments that affirm and protect women's rights, in order to develop multilateral documents and initiatives to combat violations of women's rights and promote the right of women to enjoy their human rights abroad.
(5)Standing for liberty and standing with the disadvantaged, to use and implement appropriate tools in the United States foreign policy apparatus, including diplomatic, political, commercial, charitable, educational, and cultural channels, to promote respect for women's rights by all governments and peoples.
3.In this Act:
(1)The term Ambassador at Large
means the Ambassador at Large for International Women's Rights appointed under section 101(b).
(2)The term Annual Report
means the Annual Report on International Women's Rights described in section 102(b).
(3)Appropriate congressional committeesThe term appropriate congressional committees
—
(A)means the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives; and
(B)includes, in the case of any determination made with respect to the taking of President action under paragraphs (9) through (15) of section 405(a), the committees described in subparagraph (A) and, where appropriate, the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate.
(4)The term commensurate action
means action taken by the President under section 405(b).
(5)The term Commission
means the United States Commission on International Women's Rights established in section 201(a).
(6)Country reports on human rights practicesThe term Country Reports on Human Rights Practices
means the annual report required to be submitted by the Secretary of State to Congress under sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961.
(7)The term Executive Summary
means the Executive Summary to the Annual Report, as described in section 102(b)(1)(F).
(8)Government or foreign governmentThe term government
or foreign government
includes any agency or instrumentality of the government.
(9)The term Human Rights Reports
means all reports submitted by the Secretary of State to Congress under sections 116 and 502B of the Foreign Assistance Act of 1961.
(10)The term Office
means the Office on International Women's Rights established in section 101(a).
(11)Particularly severe violations of women's rightsThe term particularly severe violations of women's rights
means systematic, ongoing, egregious violations of women's rights, including violations such as—
(A)denying women freedoms 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)The term Special Adviser
means the Special Adviser to the President on International Women's Rights described in section 101(l) of the National Security Act of 1947, as added by section 301 of this Act.
(13)Violations of women's rightsThe term violations of women's rights
means violations of the internationally recognized human rights of women, as set forth in the international instruments referred to in section 2(a)(2) and as described in section 2(a)(3), including violations such as—
(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.
<enum>I</enum><header>Department of State Activities</header>
<section id="HB798F9657258476283F7FAE13D58B994"><enum>101.</enum><header>Office on International Women’s Rights; Ambassador at Large for International Women’s Rights</header>
<subsection id="H367F910975DB4476A730265F3E00A324"><enum>(a)</enum><header>Establishment of office</header><text>There is established within the Department of State an Office on International Women’s Rights that shall be headed by the Ambassador at Large for International Women’s Rights appointed under subsection (b).</text></subsection>
<subsection id="HD0FB36888A8B45FB89BF2B33B1300000"><enum>(b)</enum><header>Appointment</header><text>The Ambassador at Large shall be appointed by the President, by and with the advice and consent of the Senate.</text></subsection>
<subsection id="H42EE69FD2F7047D085A2AE3B111786F4"><enum>(c)</enum><header>Duties</header><text>The Ambassador at Large shall have the following responsibilities:</text>
<paragraph id="HED30ADB799C14063AEB04D4E892103EA"><enum>(1)</enum><header>In general</header><text>The primary responsibility of the Ambassador at Large shall be to advance women’s rights abroad, to denounce the violation of those rights, and to recommend appropriate responses by the United States Government when those rights are violated.</text></paragraph>
<paragraph id="H712B822442994E5AA38FD6851376F92F"><enum>(2)</enum><header>Advisory role</header><text>The Ambassador at Large shall be a principal adviser to the President and the Secretary of State regarding matters affecting women’s rights abroad and, with advice from the Commission, shall make recommendations regarding—</text>
<subparagraph id="HF53F21423E2F475CB65D9144E846BA9F"><enum>(A)</enum><text>the policies of the United States Government toward governments that violate women’s rights or that fail to ensure the rights of individual women; and</text></subparagraph>
<subparagraph id="HBD823EE6B10E4018ABA96CD066FE8F5"><enum>(B)</enum><text>policies to advance women’s rights abroad.</text></subparagraph></paragraph>
<paragraph id="H6B30849D69CF4ED5B6776BA0734C19D"><enum>(3)</enum><header>Diplomatic representation</header><text>Subject to the direction of the President and the Secretary of State, the Ambassador at Large is authorized to represent the United States in matters and cases relevant to women’s rights abroad in—</text>
<subparagraph id="HD214E622456F46BD846DE784F9DDD16"><enum>(A)</enum><text>contacts with foreign governments, intergovernmental organizations, specialized agencies of the United Nations, the Organization on Security and Cooperation in Europe, and other international organizations of which the United States is a member; and</text></subparagraph>
<subparagraph id="H21A6629502EB4813BFE8960045CC78CF"><enum>(B)</enum><text>multilateral conferences and meetings relevant to women’s rights abroad.</text></subparagraph></paragraph>
<paragraph id="HE433FBD3409D443DA6967C524CBAB287"><enum>(4)</enum><header>Reporting responsibilities</header><text>The Ambassador at Large shall have the reporting responsibilities described in section 102.</text></paragraph>
<paragraph id="HDC56992C3B0E4E8693DC42AA228E9DF8"><enum>(5)</enum><header>Senior coordinator for international women’s issues</header><text>The Ambassador at Large shall, in addition to his or her other duties, assume the duties of the Senior Coordinator for International Women’s Issues of the Department of State.</text></paragraph></subsection>
<subsection id="H418845F9F9B64A609C0065BA00E5AAB7"><enum>(d)</enum><header>Funding</header><text>The Secretary of State shall provide the Ambassador at Large with such funds as may be necessary for the hiring of staff for the Office, for the conduct of investigations by the Office, and for necessary travel to carry out the provisions of this section.</text></subsection></section>
<section id="H34675029E11D4770ADDFB5C2F0D0017"><enum>102.</enum><header>Reports</header>
<subsection id="H9CB8F27CFCFD46630025CFFED27D4900"><enum>(a)</enum><header>Portions of annual human rights reports</header><text>The Ambassador at Large shall assist the Secretary of State in preparing those portions of the Human Rights Reports that relate to women’s rights and freedom from discrimination based on gender and those portions of other information provided to the Congress under sections 116 and 502B of the Foreign Assistance Act of 1961 (<external-xref legal-doc="usc" parsable-cite="usc/22/2304">22 U.S.C. 2304(a)(1)</external-xref>) that relate to the right to freedom from discrimination based on sex.</text></subsection>
<subsection id="H388053A01A274A5D8E331D0679F44B3B"><enum>(b)</enum><header>Annual report on international women’s rights</header>
<paragraph id="H539661B8D38140F08C088DAB080007EF"><enum>(1)</enum><header>Deadline for submission</header><text>On September 1 of each year or the first day thereafter on which the appropriate House of Congress is in session, the Secretary of State, with the assistance of the Ambassador at Large, and taking into consideration the recommendations of the Commission, shall prepare and transmit to the Congress an Annual Report on International Women’s Rights supplementing the most recent Human Rights Reports by providing additional detailed information with respect to matters involving international women’s rights. Each Annual Report shall contain the following:</text>
<subparagraph id="H9C1E6E832AE14256946BE784E264BBF2"><enum>(A)</enum><header>Status of women’s rights</header><text>A description of the status of women’s rights in each foreign country, including—</text>
<clause id="H0D8E96685368417D920022E09175D100"><enum>(i)</enum><text>trends toward improvement in the respect and protection of women’s rights and trends toward deterioration of such rights;</text></clause>
<clause id="H56D8B13112F84B448999A32301180E2"><enum>(ii)</enum><text>violations of women’s rights engaged in or tolerated by the government of that country; and</text></clause>
<clause id="H6ACB176158FD4DD094C3DBAAFFD9DDE7"><enum>(iii)</enum><text>particularly severe violations of women’s rights engaged in or tolerated by the government of that country.</text></clause></subparagraph>
<subparagraph id="HC81F1BA63AD545CB833E3C407FFBAE90"><enum>(B)</enum><header>Violations of women’s rights</header><text>An assessment and description of the nature and extent of violations of women’s rights in each foreign country, including gender-based discrimination by governmental and nongovernmental entities, discrimination targeted at individuals or particular groups of women, and the existence of government policies violating women’s rights.</text></subparagraph>
<subparagraph id="H0116ED24B1FE4F9997F984F5B348D4E2"><enum>(C)</enum><header>United states policies</header><text>A description of United States actions and policies in support of women’s rights in each foreign country engaging in or tolerating violations of women’s rights, including a description of the measures and policies implemented during the preceding 12 months by the United States under this title and titles IV and V in opposition to violations of women’s rights and in support of international women’s rights.</text></subparagraph>
<subparagraph id="H6517C28F569B4CFBBC5706EAE1005F4E"><enum>(D)</enum><header>International agreements in effect</header><text>A description of any binding agreement with a foreign government entered into by the United States under section 401(b) or 402(c).</text></subparagraph>
<subparagraph id="H02C155C0CFCE4017BC00EAFF8FD9FB7C"><enum>(E)</enum><header>Training and guidelines of government personnel</header><text>A description of—</text>
<clause id="HC701E63346BE433E00DD29566118F5D4"><enum>(i)</enum><text>the training described in section 202(e)(3) of the Immigration and Nationality Act (as amended by section 603(b) of this Act), the last sentence of section 708(a) of the Foreign Service Act of 1980 (as amended by section 602(a) of this Act), and sections 208(e) and 240(f) of the Immigration and Nationality Act (as amended by section 603 of this Act), on violations of women’s rights that is provided to immigration judges and consular, refugee, immigration, and asylum officers; and</text></clause>
<clause id="H24972896E0524FD581441D2D8FEE9C00"><enum>(ii)</enum><text>the development and implementation of the guidelines described in subsections (f)(3) and (g) of 207(g) section 207 of the Immigration and Nationality Act (as amended by section 602 of this Act).</text></clause></subparagraph>
<subparagraph id="HF6EEFA95784449BAB3BD161D263D6FD"><enum>(F)</enum><header>Executive summary</header><text>An executive summary to the annual report highlighting the status of women’s rights in certain foreign countries and including the following:</text>
<clause id="HCB38AA5B52474C72B93287629CC824D"><enum>(i)</enum><header>Countries in which the United States is actively promoting women’s rights</header><text>An identification of foreign countries in which the United States is actively promoting women’s rights. This section of the report shall include a description of actions taken by the United States to promote the internationally recognized human rights of women and oppose violations of such rights under title IV and title V of this Act during the period covered by the Annual Report. Any country designated as a country of particular concern for women’s rights under section 402(b)(1) shall be included in this section of the report.</text></clause>
<clause id="HF357CA6D1C3A480398B9C49F6D6D68EB"><enum>(ii)</enum><header>Countries of significant improvement in women’s rights</header><text>An identification of foreign countries the governments of which have demonstrated significant improvement in the protection and promotion of the internationally recognized human rights of women during the period covered by the Annual Report. This section of the report shall include a description of the nature of the improvement and an analysis of the factors contributing to such improvement, including actions taken by the United States under this Act.</text></clause></subparagraph></paragraph>
<paragraph id="H7ACCF43A1A60418092F996BE49B43A"><enum>(2)</enum><header>Classified addendum</header><text>If the Secretary of State determines that it is in the national security interests of the United States or is necessary for the safety of individuals to be identified in the Annual Report or is necessary to further the purposes of this Act, any information required by paragraph (1), including measures or actions taken by the United States, may be summarized in the Annual Report or the Executive Summary and submitted in more detail in a classified addendum to the Annual Report or the Executive Summary.</text></paragraph></subsection>
<subsection id="HFE9C6753A99D4AF6906DEF0048384F2B"><enum>(c)</enum><header>Preparation of reports regarding violations of women’s rights</header>
<paragraph id="H9270B68DD0DF4393A2FCDB00F86FDE8B"><enum>(1)</enum><header>Standards and investigations</header><text>The Secretary of State shall ensure that United States missions abroad maintain a consistent reporting standard and thoroughly investigate reports of violations of the internationally recognized human rights of women.</text></paragraph>
<paragraph id="HB9EC6D43F0634BD9AA11E9ABFFF47D8E"><enum>(2)</enum><header>Contacts with nongovernmental organizations</header><text>In compiling data and assessing the respect of women’s rights for the Human Rights Reports, the Annual Report, and the Executive Summary, United States mission personnel shall, as appropriate, seek out and maintain contacts with women’s and human rights nongovernmental organizations, with the consent of those organizations, including receiving reports and updates from such organizations and, when appropriate, investigating such reports.</text></paragraph></subsection>
<subsection id="H4EEF537981384916AF35418C93F3AD7C"><enum>(d)</enum><header>Amendments to the Foreign Assistance Act of 1961</header>
<paragraph id="H57860CD0B6BE4897A208223631004C1C"><enum>(1)</enum><header>Content of human rights reports for countries receiving economic assistance</header><text>Section 116(d) of the Foreign Assistance Act of 1961 (<external-xref legal-doc="usc" parsable-cite="usc/22/2151n">22 U.S.C. 2151n(d)</external-xref>) is amended—</text>
<subparagraph id="H44B5C98D04504A00ABF764A3F0AD7961"><enum>(A)</enum><text>by striking <quote>and</quote> at the end of paragraph (10);</text></subparagraph>
<subparagraph id="H9E8D3D3095054E68AEB8B2481332D619"><enum>(B)</enum><text>by striking the period at the end of paragraph (11) and inserting <quote>; and </quote>; and</text></subparagraph>
<subparagraph id="H7D2D79C1BD494E958275883E004E6E88"><enum>(C)</enum><text>by adding at the end the following:</text>
<quoted-block id="HAB99451E0B6541F8A41B0074F0B4A92F" style="OLC">
<paragraph id="HCD40C136B3D94E2AB25CFAF251DE4898"><enum>(12)</enum><text>wherever applicable, violations of women’s rights, including particularly severe violations of women’s rights (as defined in section 3 of the <short-title>International Women’s Freedom Act of 2007</short-title>).</text></paragraph><after-quoted-block>.</after-quoted-block></quoted-block></subparagraph></paragraph>
<paragraph id="HB5A9B5016BEF45A19000B17F1DDE05E5"><enum>(2)</enum><header>Contents of human rights reports for countries receiving security assistance</header><text>Section 502B(b) of the Foreign Assistance Act of 1961 (<external-xref legal-doc="usc" parsable-cite="usc/22/2304">22 U.S.C. 2304(b)</external-xref>) is amended—</text>
<subparagraph id="H015C147D88304BD286C16FF97BC006CB"><enum>(A)</enum><text>in the first sentence, by inserting <quote>and the Ambassador at Large for International Women’s Rights</quote> after <quote>Religious Freedom</quote>; and</text></subparagraph>
<subparagraph id="HE166738D1E5442FEBBEC9F7E94B0DB93"><enum>(B)</enum><text>in the fourth sentence by inserting after <quote>1998)</quote> the following: <quote>, and information on violations of women’s rights, including particularly severe violations of women’s rights (as defined in section 3 of the <short-title>International Women’s Freedom Act of 2007</short-title>)</quote>.</text></subparagraph></paragraph></subsection></section>
<section id="HB2150881B1574CB0BE72A1C0F6C12BD4"><enum>103.</enum><header>Establishment of a women’s rights internet site</header><text display-inline="no-display-inline">In order to facilitate access by nongovernmental organizations and by the public around the world to international documents on the protection of women’s rights, the Secretary of State, with the assistance of the Ambassador at Large, shall establish and maintain an Internet site containing major international documents relating to women’s rights, the Annual Report, the Executive Summary, and any other documentation or references to other sites as deemed appropriate or relevant by the Ambassador at Large.</text></section>
<section id="H5FE753791F824332B9EEBA604C1964D8"><enum>104.</enum><header>Training for foreign service officers</header><text display-inline="no-display-inline">Section 708(a) of the Foreign Service Act of 1980 (<external-xref legal-doc="usc" parsable-cite="usc/22/4028">22 U.S.C. 4028(a)</external-xref>) is amended by adding at the end the following flush sentence:</text>
<quoted-block style="OLC" id="HB6433C85C6864124A4BEC42C339D7FFF" display-inline="no-display-inline">
<quoted-block-continuation-text quoted-block-continuation-text-level="subsection">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.</quoted-block-continuation-text><after-quoted-block>.</after-quoted-block></quoted-block></section>
<section id="HFBFCDE9785574716AA018F1784DE8DB7"><enum>105.</enum><header>High-level contacts with nongovernmental organizations</header><text display-inline="no-display-inline">United States chiefs of mission shall seek out and contact any women’s nongovernmental organizations to provide high-level meetings with such nongovernmental organizations where appropriate and beneficial. United States chiefs of mission and Foreign Service officers abroad shall seek to meet with imprisoned women’s rights advocates where appropriate and beneficial.</text></section>
<section id="HAE990DDB14F74841864E22F221340596"><enum>106.</enum><header>Programs and allocations of funds by United States missions abroad</header><text display-inline="no-display-inline">It is the sense of the Congress that—</text>
<paragraph id="HBB11A2BFB8CD46B7AACF4EA20019166E"><enum>(1)</enum><text>United States diplomatic missions in countries the governments of which engage in or tolerate violations of the internationally recognized human rights of women should develop, as part of annual program planning, a strategy to promote respect for the internationally recognized human rights of women; and</text></paragraph>
<paragraph id="H9C3DB023AAE44CD0BCA6FE430F3B5D0"><enum>(2)</enum><text>in allocating or recommending the allocation of funds or recommending candidates for programs and grants funded by the United States Government, United States diplomatic missions should give particular consideration to those programs and candidates deemed to assist in the promotion of women’s rights.</text></paragraph></section>
<section id="HAC3FC3F0D54D46E49DDFECB4051FFD83"><enum>107.</enum><header>Prisoner lists and issue briefs on women’s rights concerns</header>
<subsection id="HC803C05EDBA944BCA207F13421F17534"><enum>(a)</enum><header>Sense of the congress</header><text>To encourage involvement with women’s rights concerns at every possible opportunity and by all appropriate representatives of the United States Government, it is the sense of the Congress that officials of the executive branch of the United States Government should promote increased advocacy on such issues during meetings between foreign dignitaries and executive branch officials or Members of Congress.</text></subsection>
<subsection id="HD6EA19FF584A4EC39FA5002946DBDEEA"><enum>(b)</enum><header>Prisoner lists and issue briefs on women’s rights concerns</header><text>The Secretary of State, in consultation with the Ambassador at Large, the Under Secretary of State for Democracy and Global Affairs, the Assistant Secretary of State for Democracy, Human Rights and Labor, United States chiefs of mission abroad, regional experts, and nongovernmental human rights groups, shall prepare and maintain issue briefs on women’s rights, on a country-by-country basis, consisting of lists of persons believed to be imprisoned, detained, or placed under house arrest because of their gender, together with brief evaluations and critiques of the policies of the respective country restricting women’s rights. In considering the inclusion of names of prisoners on such lists, the Secretary of State shall exercise appropriate discretion, including concerns regarding the safety, security, and benefit to such prisoners.</text></subsection>
<subsection id="H8572EB6C83E742F0B56017C987C18F51"><enum>(c)</enum><header>Availability of information</header><text>The Secretary shall, as appropriate, provide women’s rights issue briefs under subsection (b) to executive branch officials and Members of Congress in anticipation of bilateral contacts with foreign leaders, both in the United States and abroad.</text></subsection></section>
<enum>II</enum><header>Commission on International Women’s Rights</header>
<section id="H753D58B9FD57467AA0EAE9F1A58DBE4E"><enum>201.</enum><header>Establishment and composition</header>
<subsection id="H23CA39FF6B82449AA97E00CFCB111F"><enum>(a)</enum><header>In general</header><text>There is established the United States Commission on International Women’s Rights.</text></subsection>
<subsection id="H5D54E4F129C14D6B8EA0C38C2966B454"><enum>(b)</enum><header>Membership</header>
<paragraph id="H870952D502A64008AC00C4E2CD77FD3F"><enum>(1)</enum><header>Appointment</header><text>The Commission shall be composed of—</text>
<subparagraph id="H0AA6D4922D1A483282367C51DD006828"><enum>(A)</enum><text>the Ambassador at Large, who shall serve ex officio as a nonvoting member of the Commission; and</text></subparagraph>
<subparagraph id="HE4986A2A95894C43B2E6A67E008C6CD1"><enum>(B)</enum><text>nine other members, who shall be United States citizens who are not being paid as officers or employees of the United States, and who shall be appointed as follows:</text>
<clause id="H4A4A2A34DB864780A78B0396FCBCDDE"><enum>(i)</enum><text>Three members of the Commission shall be appointed by the President.</text></clause>
<clause id="HD330663DA7B846B4B8809090878CDA8E"><enum>(ii)</enum><text>Three members of the Commission shall be appointed by the President pro tempore of the Senate, of which two of the members shall be appointed upon the recommendation of the leader in the Senate of the political party that is not the political party of the President, and of which one of the members shall be appointed upon the recommendation of the leader in the Senate of the other political party.</text></clause>
<clause id="HE885B62A877446DFB5705B8930BBCA00"><enum>(iii)</enum><text>Three members of the Commission shall be appointed by the Speaker of the House of Representatives, of which two of the members shall be appointed upon the recommendation of the leader in the House of the political party that is not the political party of the President, and of which one of the members shall be appointed upon the recommendation of the leader in the House of the other political party.</text></clause></subparagraph></paragraph>
<paragraph id="H4B78E4BB9F7947B385835FA792B99890"><enum>(2)</enum><header>Selection</header>
<subparagraph id="HB82D9B07139A4F679DD8E94D7E76F614"><enum>(A)</enum><header>In general</header><text>Members of the Commission shall be selected from among distinguished individuals noted for their knowledge and experience in fields relevant to the issue of international women’s rights, including foreign affairs, direct experience abroad, human rights, and international law.</text></subparagraph>
<subparagraph id="HDAB03817DB244D698372222795ED508E"><enum>(B)</enum><header>Security clearances</header><text>Each member of the Commission shall be required to obtain a security clearance.</text></subparagraph></paragraph>
<paragraph id="H954F8EB2C05C44ACBF4E4FA9B0D990B2"><enum>(3)</enum><header>Time of appointment</header><text>The appointments required by paragraph (1) shall be made not later than 120 days after the date of the enactment of this Act.</text></paragraph></subsection>
<subsection id="HE692C96F0D7E4B2EB7E3B3B4E7A5BBDA"><enum>(c)</enum><header>Terms</header><text>The term of office of each member of the Commission shall be 2 years, beginning on the date of the initial appointment of all of the members of the Commission. Members of the Commission shall be eligible for reappointment.</text></subsection>
<subsection id="H930DCA86051F4E3BBE54E0B1F9A4C181"><enum>(d)</enum><header>Election of chairperson</header><text>At the first meeting of the Commission in each calendar year, a majority of the members of the Commission present and voting shall elect the Chairperson of the Commission.</text></subsection>
<subsection id="H971F6527F3E649C4846D7FA3C6AB58"><enum>(e)</enum><header>Quorum</header><text>Six voting members of the Commission shall constitute a quorum for purposes of transacting business.</text></subsection>
<subsection id="HBB0D0FA551754A0EA96870344F8D2198"><enum>(f)</enum><header>Meetings</header><text>Each year, within 15 days, or as soon as practicable, after the issuance of the Country Reports on Human Rights Practices, the Commission shall convene. The Commission shall otherwise meet at the call of the Chairperson or, if no Chairperson has been elected for that calendar year, at the call of six voting members of the Commission.</text></subsection>
<subsection id="HE84FED920BA4476B8F8862820027D940"><enum>(g)</enum><header>Vacancies</header><text>Any vacancy of the Commission shall not affect its powers, but shall be filled in the manner in which the original appointment was made.</text></subsection>
<subsection id="HAB3FD9D371E74BBE94009836F128E69"><enum>(h)</enum><header>Administrative support</header><text display-inline="yes-display-inline">The Administrator of General Services shall provide to the Commission on a reimbursable basis (or, in the discretion of the Administrator, on a nonreimbursable basis) such administrative support services as the Commission may request to carry out the provisions of this title.</text></subsection>
<subsection id="HDC18DE8CC56948408C35ADBCF827F3"><enum>(i)</enum><header>Funding</header><text>Members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of <external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/5/57">chapter 57</external-xref> of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.</text></subsection></section>
<section id="H4FDE0B0241DD4A89A972D37966505FC2"><enum>202.</enum><header>Duties of the Commission</header>
<subsection id="H7F6663497EDE4C76AE2EF7D88C1BA7B"><enum>(a)</enum><header>In general</header><text>The Commission shall have as its primary responsibility—</text>
<paragraph id="HD250707BC3F24FC38D5EDCC6013973E3"><enum>(1)</enum><text>the annual and ongoing review of the facts and circumstances of violations of women’s rights presented in the Country Reports on Human Rights Practices, the Annual Report, and the Executive Summary, as well as information from other sources as appropriate; and</text></paragraph>
<paragraph id="HD66EA62A06A04D839D49659F88B79FA0"><enum>(2)</enum><text>the making of policy recommendations to the President, the Secretary of State, and the Congress with respect to matters involving international women’s rights.</text></paragraph></subsection>
<subsection id="H5F51740660BD44259E97A54BEC2FBFD"><enum>(b)</enum><header>Policy review and recommendations in response to violations</header><text>The Commission, in evaluating United States Government policies in response to violations of women’s rights, shall consider and recommend options for policies of the United States Government with respect to each foreign country the government of which has engaged in or tolerated violations of women’s rights, including particularly severe violations of women’s rights. Such options include diplomatic inquiry, diplomatic protest, official public demarche, condemnation within multilateral fora, delay or cancellation of cultural or scientific exchanges, delay or cancellation of working, official, or state visits, reduction of certain assistance funds, termination of certain assistance funds, imposition of targeted trade sanctions, imposition of broad trade sanctions, and withdrawal of the chief of mission.</text></subsection>
<subsection id="HBC640B14074B4EC2A6D33FC9083FA148"><enum>(c)</enum><header>Policy review and recommendations in response to progress</header><text>The Commission, in evaluating the United States Government policies with respect to countries found to be taking deliberate steps and making significant improvement with respect to women’s rights, shall consider and recommend policy options, including private commendation, diplomatic commendation, official public commendation, commendation within multilateral fora, an increase in cultural or scientific exchanges, or both, termination or reduction of existing Presidential actions, an increase in certain assistance funds, and invitations for working, official, or state visits.</text></subsection>
<subsection id="H3905DC8DD52548EA88A51E001453FF4B"><enum>(d)</enum><header>Effects on women</header><text>Together with specific policy recommendations provided under subsections (b) and (c), the Commission shall also indicate its evaluation of the potential effects of those policies, if implemented, on women in the country in question.</text></subsection>
<subsection id="H7F2F2CC7B3844E8C9D1E9426D4BA405E"><enum>(e)</enum><header>Monitoring</header><text>The Commission shall, on an ongoing basis, monitor facts and circumstances of violations of women’s rights, in consultation with independent human rights groups and nongovernmental organizations, including churches and other religious communities, and make such recommendations as may be necessary to the appropriate officials and offices of the United States Government.</text></subsection></section>
<section id="HEBBC806C6D074AB09C0911EA8B9E0600"><enum>203.</enum><header>Powers of the commission</header>
<subsection id="H0FCC299AAAA34DDCBF2200F15F00754F"><enum>(a)</enum><header>Hearings and sessions</header><text>The Commission may, for the purpose of carrying out its duties under this title, hold hearings, sit and act at times and places in the United States, take testimony, and receive evidence as the Commission considers advisable to carry out the purposes of this title.</text></subsection>
<subsection id="H830FC25F1D5344C182CE7F0931E023AA"><enum>(b)</enum><header>Information from federal agencies</header><text>The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this section. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission, subject to applicable law.</text></subsection>
<subsection id="HCA961AC6336A413B001D97398F053E6B"><enum>(c)</enum><header>Postal services</header><text>The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.</text></subsection>
<subsection id="H6F77D1BE4C2E447C9CEDD238842E0829"><enum>(d)</enum><header>Administrative procedures</header><text>The Commission may adopt such regulations relating to administrative procedure as may be reasonably necessary to enable it to carry out this title.</text></subsection>
<subsection id="H7BC2A307DAEB41E6B0F79138B5043C1C"><enum>(e)</enum><header>Views of the commission</header><text>The Members of the Commission may speak in their capacity as private citizens. Statements on behalf of the Commission shall be issued in writing over the names of the Members. The Commission shall in its written statements clearly describe its statutory authority, distinguishing that authority from that of appointed or elected officials of the United States Government. Oral statements, if practicable, shall include a similar description.</text></subsection>
<subsection id="H58B62CD7E07F4E5A9271985B21944EE3"><enum>(f)</enum><header>Travel</header><text>The Members of the Commission may, with the approval of the Commission, conduct such travel as is necessary to carry out the purposes of this title. Each trip must be approved by a majority of the Commission. This subsection shall not apply to the Ambassador at Large, whose travel shall not require approval by the Commission.</text></subsection></section>
<section id="HAFA8E71B5E8B466EB1F786BC2728F557"><enum>204.</enum><header>Commission personnel matters</header>
<subsection id="H98283CBFF6914959AFDCE1127885E761"><enum>(a)</enum><header>In general</header><text>The Commission may, without regard to the civil service laws and regulations, appoint and terminate an Executive Director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The decision to employ or terminate an Executive Director shall be made by an affirmative vote of at least 6 of the 9 members of the Commission.</text></subsection>
<subsection id="HAAF30AB5A33347CA9FC095BCB30600"><enum>(b)</enum><header>Compensation</header><text>The Commission may fix the compensation of the Executive Director and other personnel without regard to the provisions of chapter 51 and subchapter III of <external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/5/53">chapter 53</external-xref> of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the Executive Director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.</text></subsection>
<subsection id="H1CC93617137942E8A2E3F05BC4F7302F"><enum>(c)</enum><header>Professional staff</header><text>The Commission and the Executive Director shall hire Commission staff on the basis of professional and nonpartisan qualifications. Commissioners may not individually hire staff of the Commission. Staff shall serve the Commission as a whole and may not be assigned to the particular service of a single Commissioner or a specified group of Commissioners. This subsection does not prohibit staff personnel from assisting individual members of the Commission with particular needs related to their duties.</text></subsection>
<subsection id="HCFF6E2A342ED49679E2DC609FD38E1C6"><enum>(d)</enum><header>Staff and services of other federal agencies</header>
<paragraph id="H589E863981204621A9FD42E25B9FFB53"><enum>(1)</enum><header>Department of state</header><text>The Secretary of State shall assist the Commission by providing on a reimbursable or nonreimbursable basis to the Commission such staff and administrative services as may be necessary and appropriate to perform its functions.</text></paragraph>
<paragraph id="HD3B0FBA1627C4DF9B8E740F4DAA09B08"><enum>(2)</enum><header>Other federal agencies</header><text>Upon the request of the Commission, the head of any Federal department or agency may detail, on a reimbursable or nonreimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its functions under this title. The detail of any such personnel shall be without interruption or loss of civil service or Foreign Service status or privilege.</text></paragraph></subsection>
<subsection id="HE95C00B8318C4E08B233316B48B40552"><enum>(e)</enum><header>Security clearances</header><text>The Executive Director shall be required to obtain a security clearance. The Executive Director may request, on a needs-only basis and in order to perform the duties of the Commission, that other personnel of the Commission be required to obtain a security clearance. The level of clearance shall be the lowest necessary to appropriately perform the duties of the Commission.</text></subsection>
<subsection id="HE04482A51E9E41D19000CE72B6E95954"><enum>(f)</enum><header>Cost</header><text>The Commission shall reimburse all appropriate Government agencies for the cost of obtaining clearances for members of the Commission, for the Executive Director, and for any other personnel.</text></subsection></section>
<section id="HC26D63A6705447DC89FCDB910020623F"><enum>205.</enum><header>Reports of the Commission</header>
<subsection id="H1EE136212DDA4DB882C5D9C095FB594"><enum>(a)</enum><header>In general</header><text>Not later than May 1 of each year, the Commission shall submit a report to the President, the Secretary of State, and the Congress setting forth its recommendations for United States policy options based on its evaluations under section 202.</text></subsection>
<subsection id="H778ECF7A50524F439EB157DCAC087E55"><enum>(b)</enum><header>Classified form of report</header><text>The report may be submitted in classified form, together with a public summary of recommendations, if the classification of information in the report would further the purposes of this Act.</text></subsection>
<subsection id="H8BDCE76C06604E5AA4C1AFA242353CFE"><enum>(c)</enum><header>Individual or dissenting views</header><text>Each member of the Commission may include the individual or dissenting views of the member.</text></subsection>
<subsection id="H73FE0255D7324B908692A073F3E35E36"><enum>(d)</enum><header>Financial report</header><text>The Commission shall, not later than January 1 of each year, submit to the Committee on International Relations and the Committee on Appropriations of the House of Representatives, and to the Committee on Foreign Relations and the Committee on Appropriations of the Senate, a report detailing and identifying the expenditures of the Commission in the preceding fiscal year.</text></subsection></section>
<section id="HF640CE43E0E14321B88DBE89162F0305"><enum>206.</enum><header>Applicability of other laws</header><text display-inline="no-display-inline">The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.</text></section>
<section id="H89FFE69FA97640979237C99BAD5FBF9C"><enum>207.</enum><header>Standards of conduct and disclosure</header>
<subsection id="H91B406E8DBCF4D8A941CCD3D00C97E00"><enum>(a)</enum><header>Cooperation with nongovernmental organizations, the Department of State, and congress</header><text display-inline="yes-display-inline">The Commission shall, in performing the Commission’s duties under this title, seek to effectively and freely cooperate with all governmental and nongovernmental entities engaged in the promotion of women’s rights abroad.</text></subsection>
<subsection id="HBE015F5FF88D4356913B429058D53E90"><enum>(b)</enum><header>Conflict of interest and antinepotism</header>
<paragraph id="HFC5BD6B42BAD48AEA8890008128E15D9"><enum>(1)</enum><header>Member affiliations</header><text>Except as provided in paragraph (3), in order to ensure the independence and integrity of the Commission, the Commission may not compensate any nongovernmental agency, project, or person related to or affiliated with any member of the Commission, whether in that member’s direct employ or not. Staff employed by the Commission may not serve in the employ of any nongovernmental agency, project, or person related to or affiliated with any member of the Commission while employed by the Commission.</text></paragraph>
<paragraph id="HC9F4D836D93D489BB63BE1156619248F"><enum>(2)</enum><header>Staff compensation</header><text>Staff of the Commission may not receive compensation from any other source for work performed in carrying out the duties of the Commission while employed by the Commission.</text></paragraph>
<paragraph id="H24637D0054FB4E4A97ACA4DBBF2D443"><enum>(3)</enum><header>Exception</header>
<subparagraph id="H7A46B4C38592448FA0BDDC9800004192"><enum>(A)</enum><header>In general</header><text>Subject to subparagraph (B), paragraph (1) shall not apply to payments made for items such as conference fees or the purchase of periodicals or other similar expenses, if such payments would not cause the aggregate value paid to any agency, project, or person for a fiscal year to exceed $250.</text></subparagraph>
<subparagraph id="H9D0C28DC57B4497BA5B17402F8C40041"><enum>(B)</enum><header>Limitation</header><text>Notwithstanding subparagraph (A), the Commission shall not give special preference to any agency, project, or person related to or affiliated with any member of the Commission.</text></subparagraph></paragraph>
<paragraph id="HDADCE3B545404721AE8000518F1CB4AE"><enum>(4)</enum><header>Definitions</header><text>In this subsection, the term <quote>affiliated</quote> means the relationship between a member of the Commission and—</text>
<subparagraph id="HEF9CD33494B243FCA405837CE1CA31FD"><enum>(A)</enum><text>an individual who holds the position of officer, trustee, partner, director, or employee of an agency, project, or person of which that member, or relative of that member of, the Commission is an officer, trustee, partner, director, or employee; or</text></subparagraph>
<subparagraph id="H28A1288DA4E2456FBA3DA9BA5CED26F6"><enum>(B)</enum><text>a nongovernmental agency or project of which that member, or a relative of that member, of the Commission is an officer, trustee, partner, director, or employee.</text></subparagraph></paragraph></subsection>
<subsection id="H90B04428EC84445DB17EB3D20056384E"><enum>(c)</enum><header>Contract authority</header>
<paragraph id="HB942C9B0723F47E2A9D1CE99AE6832DD"><enum>(1)</enum><header>In general</header><text>Subject to the availability of appropriations, the Commission may contract with and compensate Government agencies or persons for the conduct of activities necessary to the discharge of its functions under this title. Any such person shall be hired without interruption or loss of civil service or Foreign Service status or privilege. The Commission may not procure temporary and intermittent services under <external-xref legal-doc="usc" parsable-cite="usc/5/3109">section 3109(b)</external-xref> of title 5, United States Code, or under other contracting authority other than that allowed under this title.</text></paragraph>
<paragraph id="HD6FB457B1572461C941ECB4FCED83936"><enum>(2)</enum><header>Expert study</header><text>In the case of a study requested under section 605 of this Act, the Commission may, subject to the availability of appropriations, contract with experts and shall provide the funds for such a study. The Commission shall not be required to provide the funds for that part of the study conducted by the Comptroller General of the United States.</text></paragraph></subsection>
<subsection id="H04F6A4458CA14424ABD675D4A0EC65F4"><enum>(d)</enum><header>Gifts</header>
<paragraph id="HB7EA3413AE3F42048B977306EBCE1C7D"><enum>(1)</enum><header>In general</header><text>In order to preserve its independence, the Commission may not accept, use, or dispose of gifts or donations of services or property. An individual Commissioner or employee of the Commission may not, in his or her capacity as a Commissioner or employee, knowingly accept, use, or dispose of gifts or donations of services or property, unless he or she in good faith believes such gifts or donations to have a value of less than $50 and a cumulative value during a calendar year of less than $100.</text></paragraph>
<paragraph id="HEA0B8EF28EAF41A5979EA6D906051B1C"><enum>(2)</enum><header>Exceptions</header><text>This subsection shall not apply to the following:</text>
<subparagraph id="H33667C6718C94878806FE3BD5D7D0602"><enum>(A)</enum><text>Gifts provided on the basis of a personal friendship with a Commissioner or employee, unless the Commissioner or employee has reason to believe that the gift was provided because of the Commissioner’s position and not because of the personal friendship.</text></subparagraph>
<subparagraph id="H686BB4150B434035A3F986D4C7B132EC"><enum>(B)</enum><text>Gifts provided on the basis of a family relationship.</text></subparagraph>
<subparagraph id="H941F7CE54A334FAAA409D2C619DF1578"><enum>(C)</enum><text>The acceptance of training, invitations to attend or participate in conferences or such other events as are related to the conduct of the duties of the Commission, or food or refreshment associated with such activities.</text></subparagraph>
<subparagraph id="H4D550E6DAAC444BB91F736EB00BA57DE"><enum>(D)</enum><text>Items of nominal value or gifts of estimated value of $10 or less.</text></subparagraph>
<subparagraph id="HA16CCE1CD1514206933485F060C9F1BC"><enum>(E)</enum><text>De minimis gifts provided by a foreign leader or state, not exceeding a value of $260. Gifts believed by Commissioners to be in excess of $260, but which would create offense or embarrassment to the United States Government if refused, shall be accepted and turned over to the United States Government in accordance with the Foreign Gifts and Decorations Act of 1966 and the rules and regulations governing such gifts provided to Members of Congress.</text></subparagraph>
<subparagraph id="H44CEE4823AF8472F98B1009DE1778FCB"><enum>(F)</enum><text>Informational materials such as documents, books, videotapes, periodicals, or other forms of communications.</text></subparagraph>
<subparagraph id="H469CDA32EC9A4972B4387E396BE9D047"><enum>(G)</enum><text display-inline="yes-display-inline">Goods or services provided by any agency or component of the Government of the United States, including any commission established under the authority of the Government.</text></subparagraph></paragraph></subsection></section>
<section id="H48DC0235BAD440F38C94024BEC006C00"><enum>208.</enum><header>Authorization of appropriations</header>
<subsection id="HB8C5AFEF7999415895DECB00D6BBD6D5"><enum>(a)</enum><header>In general</header><text>There are authorized to be appropriated to the Commission such sums as may be necessary to carry out this title.</text></subsection>
<subsection id="H164A2A7F7E404050A7556E44B022AA04"><enum>(b)</enum><header>Availability of funds</header><text>Amounts authorized to be appropriated under subsection (a) are authorized to remain available until expended, but not later than the date on which the Commission terminates.</text></subsection></section>
<section id="H93292D7B7D3240D09181CDEDA6ED058"><enum>209.</enum><header>Termination</header><text display-inline="no-display-inline">The Commission shall terminate 12 years after the date of the initial appointment of all of the members of the Commission.</text></section>
<enum>III</enum><header>National Security Council</header>
<section id="H518B6F69C7E144CFBC01001761D9A44E"><enum>301.</enum><header>Special Adviser on International Women’s Rights</header><text display-inline="no-display-inline">Section 101 of the National Security Act of 1947 (<external-xref legal-doc="usc" parsable-cite="usc/50/402">50 U.S.C. 402</external-xref>) is amended by adding at the end the following new subsection:</text>
<quoted-block id="HFF6DA6C0B4FA432297C7DE038F2D8A0" style="OLC">
<subsection id="H15CD93564AEF4BC9A23B87BB3B7B03D4"><enum>(l)</enum><text>It is the sense of the Congress that there should be within the staff of the National Security Council a Special Adviser to the President on International Women’s Rights, whose position should be comparable to that of a director within the Executive Office of the President. The Special Adviser should serve as a resource for executive branch officials, compiling and maintaining information on the facts and circumstances of violations of women’s rights (as defined in section 3 of the <short-title>International Women’s Freedom Act of 2007</short-title>), and making policy recommendations. The Special Adviser should serve as liaison with the Ambassador at Large for International Women’s Rights, the United States Commission on International Women’s Rights, the Congress, and, as advisable, women’s nongovernmental organizations.</text></subsection><after-quoted-block>.</after-quoted-block></quoted-block></section>
<enum>IV</enum><header>Presidential Actions</header>
<subtitle id="HBA323EB3A5C74B20897B5BB8B7F603D0"><enum>A</enum><header>Targeted Responses to Violations of Women’s Rights Abroad</header>
<section id="HA169C37E48FE42B899275FC2FF5E469"><enum>401.</enum><header>Presidential actions in response to violations of women’s rights</header>
<subsection id="H8B0832474D40465CA97E15D57F0630D"><enum>(a)</enum><header>Response to violations of women’s rights</header>
<paragraph id="HA3ADB838F8C24B688454FF24CBCE89EE"><enum>(1)</enum><header>In general</header>
<subparagraph id="H6A6596C20906462B882145887355AF1B"><enum>(A)</enum><header>United states policy</header><text>It shall be the policy of the United States—</text>
<clause id="H4C60629B6EAB49DE860565D4F8251050"><enum>(i)</enum><text>to oppose violations of women’s rights that are or have been engaged in or tolerated by the governments of foreign countries; and</text></clause>
<clause id="HC076327F0B1B4E3DBB4BDED8327CA000"><enum>(ii)</enum><text>to promote women’s rights in those countries through the actions described in subsection (b).</text></clause></subparagraph>
<subparagraph id="H7A6A65882CDC4DC88C77A8A89BE0FCEF"><enum>(B)</enum><header>Requirement of Presidential action</header><text>For each foreign country the government of which engages in or tolerates violations of women’s rights, the President shall oppose such violations and promote the human rights of women in that country through the actions described in subsection (b).</text></subparagraph></paragraph>
<paragraph id="HA6824B353ED0410CAD006EC23C31DD71"><enum>(2)</enum><header>Basis of actions</header><text>Each action taken under paragraph (1)(B) shall be based upon information regarding violations of women’s rights, as described in the latest Country Reports on Human Rights Practices, the Annual Report and Executive Summary, and on any other evidence available, and shall take into account any findings or recommendations by the Commission with respect to the foreign country.</text></paragraph></subsection>
<subsection id="H03AAA38FF8DE49ADA73500463E544100"><enum>(b)</enum><header>Presidential actions</header>
<paragraph id="HE964F3AC32EC4204BAEEC3422D39F07E"><enum>(1)</enum><header>In general</header><text>Subject to paragraphs (2) and (3), the President, in consultation with the Secretary of State, the Ambassador at Large, the Special Adviser, and the Commission, shall, as expeditiously as practicable in response to the violations described in subsection (a) by the government of a foreign country—</text>
<subparagraph id="HE01A568ED12945848445AF9B26A34CBD"><enum>(A)</enum><text>take one or more of the actions described in paragraphs (1) through (15) of section 405(a) (or commensurate action in substitution therefor) with respect to that country; or</text></subparagraph>
<subparagraph id="HA0F3B073592845F292764D5DF4C81057"><enum>(B)</enum><text>negotiate and enter into a binding agreement with the government of that country, as described in section 405(c).</text></subparagraph></paragraph>
<paragraph id="HEFA5E5555CAD4D42BC3E1DEFC223A7E3"><enum>(2)</enum><header>Deadline for actions</header><text>Not later than September 1 of each year, the President shall take action under any of paragraphs (1) through (15) of section 405(a) (or commensurate action in substitution therefor) with respect to each foreign country the government of which has engaged in or tolerated violations of women’s rights at any time since September 1 of the preceding year, except that in the case of action under any of paragraphs (9) through (15) of section 405(a) (or commensurate action in substitution therefor)—</text>
<subparagraph id="H6CBFA1A756E748F9B823C12494DE3624"><enum>(A)</enum><text>the action may only be taken after the requirements of sections 403 and 404 have been satisfied; and</text></subparagraph>
<subparagraph id="HEE979F8D158E4D8582B4B10541086408"><enum>(B)</enum><text>the September 1 limitation shall not apply.</text></subparagraph></paragraph>
<paragraph id="H1CB9DCFE07064E0D9553D5130039303E"><enum>(3)</enum><header>Authority for delay of Presidential actions</header><text>The President may delay action that is described in any of paragraphs (9) through (15) of section 405(a) (or commensurate action in substitution therefor)—</text>
<subparagraph id="H8836BF3373FA467AA6D68277F1E2A5EE"><enum>(A)</enum><text>if the President determines and certifies to the Congress that a single, additional period of time, not to exceed 90 days, is necessary for any of the purposes set forth in section 402(c)(3); and</text></subparagraph>
<subparagraph id="HE2876AD2E89A4C1590D77E92E0B7D729"><enum>(B)</enum><text>only until the expiration of that additional period.</text></subparagraph></paragraph></subsection>
<subsection id="H9D8135AC4787457BB81D8F14332E9FC4"><enum>(c)</enum><header>Implementation</header>
<paragraph id="H2BEAB75AA4E74B0E0021CD0983DDB1E"><enum>(1)</enum><header>In general</header><text>In carrying out subsection (b), the President shall—</text>
<subparagraph id="H9F9B2892DE4D47DC924697CDFF642652"><enum>(A)</enum><text>take the action or actions that most appropriately respond to the nature and severity of the violations of women’s rights;</text></subparagraph>
<subparagraph id="H939E47397AFF45AEBFD059CA00F098A6"><enum>(B)</enum><text>seek to the fullest extent possible to target action as narrowly as practicable with respect to the agency or instrumentality of the foreign government, or specific officials thereof, that are responsible for such violations; and</text></subparagraph>
<subparagraph id="HB471411650284A97851EC9988962FF2E"><enum>(C)</enum><text>when appropriate, make every reasonable effort to conclude a binding agreement concerning the cessation of such violations in countries with which the United States has diplomatic relations.</text></subparagraph></paragraph>
<paragraph id="H1AEFA1205B014C4099EF067B929C7561"><enum>(2)</enum><header>Guidelines for Presidential actions</header><text>In addition to the guidelines under paragraph (1), the President, in determining whether to take a Presidential action under paragraphs (9) through (15) of section 405(a) (or commensurate action in substitution therefor), shall seek to minimize any adverse effects on—</text>
<subparagraph id="HE7395264FCBE4F8EAA3883E8BA007727"><enum>(A)</enum><text>the population of the country whose government is targeted by the Presidential action or actions; and</text></subparagraph>
<subparagraph id="H6DFD46E8B6724782B3F80267F6B10079"><enum>(B)</enum><text>the humanitarian activities of United States and foreign nongovernmental organizations in that country.</text></subparagraph></paragraph></subsection></section>
<section id="H23A15B28433D4BFB89D197EE077D8735"><enum>402.</enum><header>Presidential actions in response to particularly severe violations of women’s rights</header>
<subsection id="HC4910A0AA56F4371954706536CA11296"><enum>(a)</enum><header>Response to particularly severe violations of women’s rights</header>
<paragraph id="H7DC3829361144BA80067CD4283B04EB7"><enum>(1)</enum><header>United states policy</header><text>It shall be the policy of the United States—</text>
<subparagraph id="H1504C54C3CA24A6793E11B4198271C26"><enum>(A)</enum><text>to oppose particularly severe violations of women’s rights that are or have been engaged in or tolerated by the governments of foreign countries; and</text></subparagraph>
<subparagraph id="HF65FF45D2D5D4B799D3DEBCBAFF1B1"><enum>(B)</enum><text>to promote the rights of women in those countries through the actions described in subsection (c).</text></subparagraph></paragraph>
<paragraph id="H3556EE3FBDBC4A14BDA9C110CD006E06"><enum>(2)</enum><header>Requirement of Presidential action</header><text>Whenever the President determines that the government of a foreign country has engaged in or tolerated particularly severe violations of women’s rights, the President shall oppose such violations and promote women’s rights through one or more of the actions described in subsection (c).</text></paragraph></subsection>
<subsection id="H2125F383FDAB411DA9C3B8BDB79D1E9C"><enum>(b)</enum><header>Designations of countries of particular concern for women’s rights</header>
<paragraph id="H3C638663E0F347E0A2A4ECD7137D112F"><enum>(1)</enum><header>Annual review</header>
<subparagraph id="H50FA43E7B8174534AD00D3CA81AD6F82"><enum>(A)</enum><header>In general</header><text>Not later than September 1 of each year, the President shall review the status of women’s rights in each foreign country to determine whether the government of that country has engaged in or tolerated particularly severe violations of women’s rights in that country during the preceding 12 months or since the date of the last review of that country under this subparagraph, whichever period is longer. The President shall designate each country the government of which has engaged in or tolerated violations described in this subparagraph as a country of particular concern for women’s rights.</text></subparagraph>
<subparagraph id="H42A5BE861854418B866B68CA5C1600D8"><enum>(B)</enum><header>Basis of review</header><text>Each review conducted under subparagraph (A) shall be based upon information contained in the latest Country Reports on Human Rights Practices, the Annual Report, and on any other evidence available, and shall take into account any findings or recommendations of the Commission with respect to the foreign country.</text></subparagraph>
<subparagraph id="HE74BEC8C62BC4996B66D9C35CA134FF5"><enum>(C)</enum><header>Implementation</header><text>Any review under subparagraph (A) of a foreign country may take place singly or jointly with the review of one or more countries and may take place at any time prior to September 1 of the respective year.</text></subparagraph></paragraph>
<paragraph id="H380FA96010D64273A93C8B013FE7F3EB"><enum>(2)</enum><header>Determinations of responsible parties</header><text>For the government of each country designated as a country of particular concern for women’s rights under paragraph (1)(A), the President shall seek to determine the agency or instrumentality and specific officials of the government that are responsible for the particularly severe violations of women’s rights engaged in or tolerated by that government in order to appropriately target Presidential actions under this section in response to the violations.</text></paragraph>
<paragraph id="HED9D0FA9F9204C7084A24D69F96E5209"><enum>(3)</enum><header>Congressional notification</header><text>Whenever the President designates a country as a country of particular concern for women’s rights under paragraph (1)(A), the President shall, as soon as practicable after the designation is made, transmit to the appropriate congressional committees—</text>
<subparagraph id="H5FF8D15600C649AD97B2C6CABED8F32C"><enum>(A)</enum><text>the designation of the country, signed by the President; and</text></subparagraph>
<subparagraph id="H101D6D7A61234893896EC06580602A1"><enum>(B)</enum><text>the identification, if any, of responsible parties determined under paragraph (2).</text></subparagraph></paragraph></subsection>
<subsection id="H83F5652C49354C95AD77BB3D5DA17B99"><enum>(c)</enum><header>Presidential actions with respect to countries of particular concern for women’s rights</header>
<paragraph id="H018A581B9A9C458A85C657D630814486"><enum>(1)</enum><header>In general</header><text>Subject to paragraphs (2), (3), (4), and (5), with respect to each country of particular concern for women’s rights designated under subsection (b)(1)(A), the President shall, after the requirements of sections 403 and 404 have been satisfied, but not later than 90 days after the date of designation of the country under that subsection, carry out one or more of the following actions under subparagraph (A) or subparagraph (B):</text>
<subparagraph id="HF7AB6910C2AC4F8FA64596D25EAC7739"><enum>(A)</enum><header>Presidential actions</header><text>One or more of the Presidential actions described in paragraphs (9) through (15) of section 405(a), as determined by the President.</text></subparagraph>
<subparagraph id="H910682608A564F97BEDF86B2E85FBF75"><enum>(B)</enum><header>Commensurate actions</header><text>Commensurate action in substitution for any action described in subparagraph (A).</text></subparagraph></paragraph>
<paragraph id="H00D19E85E9684DBAA4F7FE8CF63BE166"><enum>(2)</enum><header>Substitution of binding agreements</header>
<subparagraph id="H6FBC27B8FF67405191296349004DF24E"><enum>(A)</enum><header>In general</header><text>In lieu of carrying out action under paragraph (1), the President may conclude a binding agreement with the respective foreign government as described in section 405(c). The existence of a binding agreement under this paragraph with a foreign government may be considered by the President prior to making any determination or taking any action under this title.</text></subparagraph>
<subparagraph id="H824EFE8FA1BD466BBE5576C367D771B0"><enum>(B)</enum><header>Statutory construction</header><text>Nothing in this paragraph may be construed to authorize the entry of the United States into an agreement covering matters outside the scope of violations of women’s rights.</text></subparagraph></paragraph>
<paragraph id="H1A29479484074294AAFFF56A610D4A2"><enum>(3)</enum><header>Authority for delay of Presidential actions</header><text>If, on or before the date that the President is required (but for this paragraph) to take action under paragraph (1), the President determines and certifies to the Congress that a single, additional period of time not to exceed 90 days is necessary—</text>
<subparagraph id="H5549899C8A7141299595C77CE488B094"><enum>(A)</enum><text>for a continuation of negotiations that have been commenced with the government of that country to bring about a cessation of the violations by the foreign country,</text></subparagraph>
<subparagraph id="H8B8CE8F242B84C25B892AA5B894F58BB"><enum>(B)</enum><text>for a continuation of multilateral negotiations into which the United States has entered to bring about a cessation of the violations by the foreign country, or</text></subparagraph>
<subparagraph id="H8584E55C179641ACA278F71CE82C9B4B"><enum>(C)</enum>
<clause commented="no" display-inline="yes-display-inline" id="H7A054AF5C8E541B4B646BD28F55D305E"><enum>(i)</enum><text>for a review of corrective action taken by the foreign country after designation of that country as a country of particular concern, or</text></clause>
<clause id="H1F78ADF4D07D452499CC631586FB3C93" indent="up1"><enum>(ii)</enum><text>in anticipation that corrective action will be taken by the foreign country during that additional period of time,</text></clause><continuation-text continuation-text-level="subparagraph">then the President shall not be required to take action until the expiration of that additional period of time.</continuation-text></subparagraph></paragraph>
<paragraph id="H831F1683E2FB43D8B48CB1EB93BB4B40"><enum>(4)</enum><header>Exception for ongoing Presidential action under this Act</header><text>The President shall not be required to take action under this subsection in the case of a country of particular concern for women’s rights, if, with respect to that country—</text>
<subparagraph id="HF4B926F2A4134D1E9B3DC568F3FC9B78"><enum>(A)</enum><text>the President has taken action pursuant to this Act in a preceding year;</text></subparagraph>
<subparagraph id="H0240A3DB23CD43E49BFC019FD6000017"><enum>(B)</enum><text>such action is in effect at the time the country is designated as a country of particular concern for women’s rights under this section; and</text></subparagraph>
<subparagraph id="H574B8842CB3D4654A81B022949F8EB0"><enum>(C)</enum><text>the President reports to the Congress the information described in paragraphs (1), (2), (3), and (4) of section 404(a) regarding the actions in effect with respect to that country.</text></subparagraph></paragraph>
<paragraph id="H3FC096EB6FF84088BF2624C92F98FFF9"><enum>(5)</enum><header>Exception for ongoing multiple broad-based sanctions in response to human rights violations</header><text>If, at the time the President determines a country to be a country of particular concern for women’s rights, that country is already subject to multiple, broad-based sanctions imposed in significant part in response to human rights abuses, and such sanctions are ongoing, the President may determine that one or more of these sanctions also satisfies the requirements of this subsection. In the report to the Congress under section 404(a), and, as applicable, in the information published under section 408, the President shall designate the specific sanction or sanctions which the President determines satisfy the requirements of this subsection. The sanctions so designated shall remain in effect as provided in section 409.</text></paragraph></subsection>
<subsection id="HBA09826FB4874E55B4D573E75F979BE7"><enum>(d)</enum><header>Statutory construction</header><text>A determination under this Act, or any amendment made by this Act, that a foreign country has engaged in or tolerated particularly severe violations of women’s rights shall not be construed to require the termination of assistance or other activities with respect to that country under any other provision of law, including section 116 or 502B of the Foreign Assistance Act of 1961 (<external-xref legal-doc="usc" parsable-cite="usc/22/2151n">22 U.S.C. 2151n</external-xref>, 2304).</text></subsection></section>
<section id="HB5EE655F17314C5F92BE42E6515B7B12"><enum>403.</enum><header>Consultations</header>
<subsection id="H9A96DC53664F4E3384774D37A5238BC6"><enum>(a)</enum><header>In general</header><text>As soon as practicable after the President decides under section 401 to take an action under any of paragraphs (9) through (15) of section 405(a) (or commensurate action in substitution therefor) with respect to a country in response to violations of women’s rights, or not later than 90 days after the President designates a country as a country of particular concern for women’s rights under section 402, as the case may be, the President shall carry out the consultations required in this section.</text></subsection>
<subsection id="H1531090EB61B45B4AED837FAEB3FDF5"><enum>(b)</enum><header>Duty To consult with foreign governments prior to taking Presidential actions</header>
<paragraph id="H08EC15F55DB64B81951CDA27F8294800"><enum>(1)</enum><header>In general</header><text>The President shall—</text>
<subparagraph id="H9B233B2AEB0C4EA58211B146E07641C7"><enum>(A)</enum><text>request consultation with the government of the country concerned regarding the violations giving rise to the designation of that country as a country of particular concern for women’s rights, or to Presidential action under section 401, as the case may be; and</text></subparagraph>
<subparagraph id="H45FEFF3440D94CFD83BB6DDA451D00E6"><enum>(B)</enum><text>if agreed to, enter into such consultations, privately or publicly.</text></subparagraph></paragraph>
<paragraph id="HB585829859B64B7883177EA8A47CAA46"><enum>(2)</enum><header>Use of multilateral fora</header><text>If the President determines it to be appropriate, consultations under paragraph (1) may be sought and may occur in a multilateral forum, but, in any event, the President shall consult with appropriate foreign governments for the purposes of achieving a coordinated international policy on actions that may be taken with respect to a country described in subsection (a), prior to implementing any such action.</text></paragraph>
<paragraph id="HAF04EC5395984FA09053F53FF9B366B1"><enum>(3)</enum><header>Election of nondisclosure of negotiations to public</header><text>If negotiations are undertaken or an agreement is concluded with a foreign government regarding steps to cease the pattern of violations by that government, and if public disclosure of such negotiations or agreement would jeopardize the negotiations or the implementation of such agreement, as the case may be, the President may refrain from disclosing such negotiations and such agreement to the public, except that the President shall inform the appropriate congressional committees of the nature and extent of such negotiations and any agreement reached.</text></paragraph></subsection>
<subsection id="HBACF3C56CC0E45C9B981D349057B8814"><enum>(c)</enum><header>Duty To consult with humanitarian organizations</header><text>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).</text></subsection>
<subsection id="HCB64F136E98D460FAD3F9EF0BF57B6B3"><enum>(d)</enum><header>Duty To consult with United States interested parties</header><text>The President shall, as appropriate, consult with interested parties in the United States, including the Commission on International Women’s Rights, with respect to the potential impact of intended Presidential action or actions in countries described in subsection (a) on economic or other interests of the United States.</text></subsection></section>
<section id="H097128B329304E1E84FCB9B24BF9657D"><enum>404.</enum><header>Report to Congress</header>
<subsection id="HADDF9032A82B408181B2DD4038A70801"><enum>(a)</enum><header>In general</header><text>Subject to subsection (b), not later than 90 days after the President decides under section 401 to take action under paragraphs (9) through (15) of section 405(a) (or commensurate action in substitution therefor) with respect to a country, in response to violations of women’s rights by that country, or not later than 90 days after the President designates a country as a country of particular concern for women’s rights under section 402, as the case may be, the President shall submit a report to the Congress containing the following:</text>
<paragraph id="HBBF8510E753A40C2ABBE8F475278C5B8"><enum>(1)</enum><header>Identification of Presidential actions</header><text>An identification of the action or actions described in paragraphs (9) through (15) of section 405(a) (or commensurate action in substitution therefor) to be taken with respect to the foreign country.</text></paragraph>
<paragraph id="H204F486EF103472580277B20B97D656B"><enum>(2)</enum><header>Description of violations</header><text>A description of the violations giving rise to the action or actions to be taken.</text></paragraph>
<paragraph id="HDDF3F94C8EA14E4EB2467CC6C9C3EC00"><enum>(3)</enum><header>Purpose of Presidential actions</header><text>A description of the purpose of the action or actions.</text></paragraph>
<paragraph id="HFAB199E9CA8A44C09F666816F0FADE"><enum>(4)</enum><header>Evaluation</header>
<subparagraph id="HDD0136BE46724C8500A3C8F05896E10"><enum>(A)</enum><header>Description</header><text>An evaluation, in consultation with the Secretary of State, the Ambassador at Large, the Commission, the Special Adviser, the parties described in subsections (c) and (d) of section 403, and whomever else the President deems appropriate, of the effects of the action or actions on—</text>
<clause id="HAF3E69D38D4C46AEB6B15D8F9CD7F44F"><enum>(i)</enum><text>the government of the foreign country;</text></clause>
<clause id="HC8CC33583ECC4AF895E613C3988DCBBF"><enum>(ii)</enum><text>the population of the country; and</text></clause>
<clause id="H3A211BA0CB044D50847C1EEFAA5250F1"><enum>(iii)</enum><text>the United States economy and other interested parties.</text></clause></subparagraph>
<subparagraph id="HB8836574D9D94DFA8F17A28EADE4964E"><enum>(B)</enum><header>Authority to withhold disclosure</header><text>The President may withhold part or all of such evaluation from the public but shall provide the evaluation to the Congress in its entirety.</text></subparagraph></paragraph>
<paragraph id="HE41D360D888548829B43EE7F4E515842"><enum>(5)</enum><header>Statement of policy options</header><text>A statement that noneconomic policy options designed to bring about cessation of the violations of women’s rights have reasonably been exhausted, including the consultations required in section 403.</text></paragraph>
<paragraph id="HE8FBB977817147CFA56675A0713FC5D8"><enum>(6)</enum><header>Description of multilateral negotiations</header><text>A description of multilateral negotiations sought or carried out, if appropriate and applicable.</text></paragraph></subsection>
<subsection id="H3C2974F416D14C66934D473389940398"><enum>(b)</enum><header>Delay in transmittal of report</header><text>If, on or before the date that the President is required (but for this subsection) to submit a report under subsection (a) to the Congress, the President determines and certifies to the Congress, under section 401(b)(3) or 402(c)(3), that a single, additional period of time not to exceed 90 days is necessary, then the President shall not be required to submit the report to the Congress until the expiration of that additional period of time.</text></subsection></section>
<section id="H23BDF916DBE840B2882F896CA0F3844E"><enum>405.</enum><header>Description of Presidential actions</header>
<subsection id="HBBA916953BFA4F7BBF3419621CBBC6A2"><enum>(a)</enum><header>Description of Presidential actions</header><text>Except as provided in subsection (d), the Presidential actions referred to in this subsection are the following:</text>
<paragraph id="H6DE2B60C293242519F44F7254DBED02E"><enum>(1)</enum><text>A private demarche.</text></paragraph>
<paragraph id="HD70BD9D39CCB4F598CD97080839EB037"><enum>(2)</enum><text>An official public demarche.</text></paragraph>
<paragraph id="H334A510E7C0F4FC68EA17E2DF50780D"><enum>(3)</enum><text>A public condemnation.</text></paragraph>
<paragraph id="H209DD42497414A86BFB873A6EED3169E"><enum>(4)</enum><text>A public condemnation within one or more multilateral fora.</text></paragraph>
<paragraph id="H243A09FA2D0D416F8F90980498B12091"><enum>(5)</enum><text>The delay or cancellation of one or more scientific exchanges.</text></paragraph>
<paragraph id="H13F2FD40E5CA47D6A89E30529B2E9BD1"><enum>(6)</enum><text>The delay or cancellation of one or more cultural exchanges.</text></paragraph>
<paragraph id="HD30BD974D3F545C48445742639738994"><enum>(7)</enum><text>The denial of one or more working, official, or state visits.</text></paragraph>
<paragraph id="HFD27968D684649F094D49616E9C793B4"><enum>(8)</enum><text>The delay or cancellation of one or more working, official, or state visits.</text></paragraph>
<paragraph id="H47917371274B4402BDECDFD4BA154031"><enum>(9)</enum><text>The withdrawal, limitation, or suspension of United States development assistance in accordance with section 116 of the Foreign Assistance Act of 1961.</text></paragraph>
<paragraph id="H61036E3DE1AD41B098424DA4F662983"><enum>(10)</enum><text>Directing the Export-Import Bank of the United States, the Overseas Private Investment Corporation, or the Trade and Development Agency not to approve the issuance of any (or a specified number of) guarantees, insurance, extensions of credit, or participations in the extension of credit with respect to the specific government, agency, instrumentality, or official found or determined by the President to be responsible for the violations under section 401 or 402.</text></paragraph>
<paragraph id="H4F83EB91D6524ED9B36DD0765C867450"><enum>(11)</enum><text>The withdrawal, limitation, or suspension of United States security assistance in accordance with section 502B of the Foreign Assistance Act of 1961.</text></paragraph>
<paragraph id="HF4B74082DAF840F98F72BC754C36E8B7"><enum>(12)</enum><text>Consistent with section 701 of the International Financial Institutions Act, directing the United States executive directors of international financial institutions to oppose and vote against loans primarily benefitting the specific foreign government, agency, instrumentality, or official found or determined by the President to be responsible for the violations under section 401 or 402.</text></paragraph>
<paragraph id="HA2D19775CA974041962260A11824D00"><enum>(13)</enum><text>Ordering the heads of the appropriate United States agencies not to issue any (or a specified number of) specific licenses, and not to grant any other specific authority (or a specified number of authorities), to export any goods or technology to the specific foreign government, agency, instrumentality, or official found or determined by the President to be responsible for the violations under section 401 or 402, under—</text>
<subparagraph id="H363D5E74969C448D8D93B0576B1D942B"><enum>(A)</enum><text>the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act);</text></subparagraph>
<subparagraph id="H4AEC736332D34F6AAF5977624EAAF0F7"><enum>(B)</enum><text>the Arms Export Control Act;</text></subparagraph>
<subparagraph id="HDB7AF7179B4F46859898B0377235558B"><enum>(C)</enum><text>the Atomic Energy Act of 1954; or</text></subparagraph>
<subparagraph id="H5176B038CEBB4BA48BC73BD2270633AC"><enum>(D)</enum><text>any other statute that requires the prior review and approval of the United States Government as a condition for the export or reexport of goods or services.</text></subparagraph></paragraph>
<paragraph id="H3D9A5258782C42DCBAD8B004F322CDB"><enum>(14)</enum><text>Prohibiting any United States financial institution from making loans or providing credits totaling more than $10,000,000 in any 12-month period to the specific foreign government, agency, instrumentality, or official found or determined by the President to be responsible for the violations under section 401 or 402.</text></paragraph>
<paragraph id="H7621AB7B781B416EAFE87B4C2E4F16A9"><enum>(15)</enum><text>Prohibiting the United States Government from procuring, or entering into any contract for the procurement of, any goods or services from the foreign government, agency, instrumentality, or official found or determined by the President to be responsible for the violations under section 401 or 402.</text></paragraph></subsection>
<subsection id="H2926410983CB4A53B3E7E17BD224404F"><enum>(b)</enum><header>Commensurate action</header><text>Except as provided in subsection (d), the President may substitute any other action authorized by law for any action described in paragraphs (1) through (15) of subsection (a) if such action is commensurate in effect to the action substituted and if the action would further the policy of the United States set forth in section 2(b) of this Act. The President shall seek to take all appropriate and feasible actions authorized by law to obtain the cessation of the violations. If commensurate action is taken, the President shall report such action, together with an explanation for taking such action, to the appropriate congressional committees.</text></subsection>
<subsection id="HE69786BF322B4103A43F00781DD4D191"><enum>(c)</enum><header>Binding agreements</header><text>The President may negotiate and enter into a binding agreement with a foreign government against which sanctions would otherwise be imposed that obligates that government to cease, or take substantial steps to address and phase out, the act, policy, or practice constituting the violation or violations of women's rights. The entry into force of a binding agreement for the cessation of the violations shall be a primary objective for the President in responding to a foreign government that has engaged in or tolerated particularly severe violations of women’s rights.</text></subsection>
<subsection id="HAEDD317CC2A343E58E69FBD6DB009E00"><enum>(d)</enum><header>Exceptions</header><text>Any action taken pursuant to subsection (a) or (b) may not prohibit or restrict the provision of medicine, medical equipment or supplies, food, or other humanitarian assistance.</text></subsection></section>
<section id="H6F16D906384B45519F57A440F000A6C"><enum>406.</enum><header>Effects on existing contracts</header><text display-inline="no-display-inline">The President shall not be required to apply or maintain any Presidential action under this subtitle—</text>
<paragraph id="H8EC4EB921C8F4463804809675128A428"><enum>(1)</enum><text>in the case of procurement of defense articles or defense services—</text>
<subparagraph id="HF4567CE5952F492E00DED261BD5B933"><enum>(A)</enum><text>under existing contracts or subcontracts, including the exercise of options for production quantities, to satisfy requirements essential to the national security of the United States;</text></subparagraph>
<subparagraph id="H58E9D95538B74DDB83CC4DE7895B865F"><enum>(B)</enum><text>if the President determines in writing and so reports to the Congress that the person or other entity to which the Presidential action would otherwise be applied is a sole source supplier of the defense articles or services, that the defense articles or services are essential, and that alternative sources are not readily or reasonably available; or</text></subparagraph>
<subparagraph id="H0935F760ACF24BB7005763574E3B57A9"><enum>(C)</enum><text>if the President determines in writing and so reports to the Congress that such articles or services are essential to the national security under defense coproduction agreements; or</text></subparagraph></paragraph>
<paragraph id="H045DA74B415042098EF6005E00C912B4"><enum>(2)</enum><text>to products or services provided under contracts entered into before the date on which the President publishes his intention to take the Presidential action.</text></paragraph></section>
<section id="H8142D5922E184BA4A62E6F3CA58F0892"><enum>407.</enum><header>Presidential waiver</header>
<subsection id="HC8A073D5DC894F950000D0AFA1133BD5"><enum>(a)</enum><header>In general</header><text>Subject to subsection (b), the President may waive the application of any of the actions described in paragraphs (9) through (15) of section 405(a) (or commensurate action in substitution therefor) with respect to a country, if the President determines and so reports to the appropriate congressional committees that—</text>
<paragraph id="HA180547405F5480BA2924CAEE683FA4"><enum>(1)</enum><text>the government of that country has ceased the violations giving rise to the Presidential action;</text></paragraph>
<paragraph id="H6AF2FC440250445892D4DD8817F16310"><enum>(2)</enum><text>the exercise of such waiver authority would further the purposes of this Act; or</text></paragraph>
<paragraph id="HAE86AAEF871442D7A2155FBD2ED483E6"><enum>(3)</enum><text>the important national interest of the United States requires the exercise of such waiver authority.</text></paragraph></subsection>
<subsection id="HC3D34EE443E84C0D9DB3851DB6305CD5"><enum>(b)</enum><header>Congressional notification</header><text>Not later than the date of the exercise of a waiver under subsection (a), the President shall notify the appropriate congressional committees of the waiver or the intention to exercise the waiver, together with a detailed justification therefor.</text></subsection></section>
<section id="HFD22F122FE044761A4988FCFF55FDD"><enum>408.</enum><header>Publication in Federal Register</header>
<subsection id="HFAC798779DFC49F6A110E46332FE25C0"><enum>(a)</enum><header>In general</header><text>Subject to subsection (b), the President shall cause to be published in the Federal Register the following:</text>
<paragraph id="H6705B9C4CECE4329BE6FEA0B9708B40"><enum>(1)</enum><header>Determinations of governments, officials, and entities of particular concern</header><text>Any designation of a country of particular concern for women’s rights under section 402(b)(1), together with, when applicable and to the extent practicable, the identities of the officials or entities determined to be responsible for the violations under section 402(b)(2).</text></paragraph>
<paragraph id="HEE04740CC8AC4E05BBD9A4E06C4F66CE"><enum>(2)</enum><header>Presidential actions</header><text>A description of any Presidential action under paragraphs (9) through (15) of section 405(a) (or commensurate action in substitution therefor) and the effective date of the Presidential action.</text></paragraph>
<paragraph id="H83D7DF0EA1F849A09BBA94CAB75FB5E8"><enum>(3)</enum><header>Delays in transmittal of Presidential action reports</header><text>Any delay in transmittal of a Presidential action report, as described in section 404(b).</text></paragraph>
<paragraph id="H7161F7FD9ABE45ABB0D08BEEDB07B979"><enum>(4)</enum><header>Waivers</header><text>Any waiver under section 407.</text></paragraph></subsection>
<subsection id="H7EF3AA78125D42C2BA2693FF6F1D2866"><enum>(b)</enum><header>Limited disclosure of information</header><text>The President may limit publication of information under this section in the same manner and to the same extent as the President may limit the publication of findings and determinations described in section 654(c) of the Foreign Assistance Act of 1961 (<external-xref legal-doc="usc" parsable-cite="usc/22/2414">22 U.S.C. 2414(c)</external-xref>), if the President determines that the publication of information under this section—</text>
<paragraph id="HBA8DA7383A9B4D8CB269E7EBB9C0CDEE"><enum>(1)</enum><text>would be harmful to the national security of the United States; or</text></paragraph>
<paragraph id="H46616402D8344EA5A43837AE97BDCCDD"><enum>(2)</enum><text>would not further the purposes of this Act.</text></paragraph></subsection></section>
<section id="HCB45B840A0164291A11B599C9BEB16C8"><enum>409.</enum><header>Termination of Presidential actions</header><text display-inline="no-display-inline">Any Presidential action taken under this Act with respect to a foreign country shall terminate on the earlier of the following dates:</text>
<paragraph id="H1F3AED71F4B44A2485646F026876846C"><enum>(1)</enum><header>Termination date</header><text>The date that is 2 years after the effective date of the Presidential action, unless expressly reauthorized by law.</text></paragraph>
<paragraph id="HCE3EDC94364E4E839671FFF7285C9EF1"><enum>(2)</enum><header>Foreign government actions</header><text>The date on which the President determines, in consultation with the Commission, and certifies to the Congress that the government of the foreign country has ceased or taken substantial and verifiable steps to cease the particularly severe violations of women’s rights.</text></paragraph></section>
<section id="HF5A17EEB457A400DB0DEAD429DB31B9C"><enum>410.</enum><header>Preclusion of judicial review</header><text display-inline="no-display-inline">No court shall have jurisdiction to review any Presidential determination or agency action under this Act or any amendment made by this Act.</text></section></subtitle>
<subtitle id="H0F52C133C33749DA86A27B7BB83647C7"><enum>B</enum><header>Strengthening Existing Law</header>
<section id="H81B03AF0A0A148CBBA8EDC76BCE6A62E"><enum>421.</enum><header>United States assistance</header>
<subsection id="HA2DA531366C44A1B9500C25635496D75"><enum>(a)</enum><header>Implementation of prohibition on economic assistance</header><text>Section 116(c) of the Foreign Assistance Act of 1961 (<external-xref legal-doc="usc" parsable-cite="usc/22/2151n">22 U.S.C. 2151n(c)</external-xref>) is amended—</text>
<paragraph id="HDB2155C316474195BE5387269D2C8FA4"><enum>(1)</enum><text>in the matter preceding paragraph (1), by inserting <quote>and the Ambassador at Large for International Women’s Rights</quote> after <quote>Religious Freedom</quote>;</text></paragraph>
<paragraph id="HE79455F98E7B413BB33BFCAEE927001C"><enum>(2)</enum><text>by striking <quote>and</quote> at the end of paragraph (2);</text></paragraph>
<paragraph id="HE02DBB244AA64E80B300C49E271ED6D4"><enum>(3)</enum><text>by striking the period at the end of paragraph (3) and inserting <quote>; and</quote>; and</text></paragraph>
<paragraph id="HDC2131B1F34A434195BDB1DDE78D9B5D"><enum>(4)</enum><text>by adding at the end the following new paragraph:</text>
<quoted-block id="H7F99F4BBD11E48C8822CB78F09834F61" style="OLC">
<paragraph id="H1C0EC191B5AE4CB4B45474C1D050FCDF"><enum>(4)</enum><text>whether the government—</text>
<subparagraph id="HB7C95468D5794399A496FA3DB8E26742"><enum>(A)</enum><text>has engaged in or tolerated particularly severe violations of women’s rights, as defined in section 3 of the <short-title>International Women’s Freedom Act of 2007</short-title>; or</text></subparagraph>
<subparagraph id="H0142717370314621B15EE853BA55FCFA"><enum>(B)</enum><text>has failed to undertake serious and sustained efforts to combat particularly severe violations of women’s rights (as defined in section 3 of the <short-title>International Women’s Freedom Act of 2007</short-title>), when such efforts could have been reasonably undertaken.</text></subparagraph></paragraph><after-quoted-block>.</after-quoted-block></quoted-block></paragraph></subsection>
<subsection id="H97405D1623FC4301BA840016D775ACE5"><enum>(b)</enum><header>Implementation of prohibition on military assistance</header><text>Section 502B(a)(4) of the Foreign Assistance Act of 1961 (<external-xref legal-doc="usc" parsable-cite="usc/22/2304">22 U.S.C. 2304(a)(4)</external-xref>) is amended—</text>
<paragraph id="H1A51BFE1BA6B4CF4B9E6DBAEAC9128AC"><enum>(1)</enum><text>by striking <quote>(A)</quote> and inserting <quote>(A)(i)</quote>;</text></paragraph>
<paragraph id="H9825E6F7663F4C769990DEF0C7EBA22"><enum>(2)</enum><text>by striking <quote>(B)</quote> and inserting <quote>(ii)</quote>;</text></paragraph>
<paragraph id="H4B5FE27592FB40F985568324ACCE00F2"><enum>(3)</enum><text>by striking the period at the end and inserting <quote>; or</quote>; and</text></paragraph>
<paragraph id="H92B62A0DB52947158BB4AB0069C6C6EB"><enum>(4)</enum><text>by adding at the end the following:</text>
<quoted-block display-inline="no-display-inline" id="H8304F9A24DDF434EB0ACA1EEC9115084" style="OLC">
<subparagraph id="H86818B580E304CDFABFFD033D9BED68" indent="up1"><enum>(B)</enum>
<clause commented="no" display-inline="yes-display-inline" id="H0D46EDBF6CE74A49A8F1CCA88CA23763"><enum>(i)</enum><text>has engaged in or tolerated particularly severe violations of women’s rights, as defined in section 3 of the <short-title>International Women’s Freedom Act of 2007</short-title>; or</text></clause>
<clause id="H7E2CCA42A7C743D99B8D06FE24BE008C" indent="up1"><enum>(ii)</enum><text>has failed to undertake serious and sustained efforts to combat particularly severe violations of women’s rights when such efforts could have been reasonably undertaken.</text></clause></subparagraph><after-quoted-block>.</after-quoted-block></quoted-block></paragraph></subsection></section>
<section id="H1262A61A3ACC48F1B8BE26EE8FFE058D"><enum>422.</enum><header>Multilateral assistance</header><text display-inline="no-display-inline">Section 701 of the International Financial Institutions Act (<external-xref legal-doc="usc" parsable-cite="usc/22/262d">22 U.S.C. 262d</external-xref>) is amended—</text>
<paragraph id="HA53411531A194B59958FA4D7C4389EC"><enum>(1)</enum><text>by redesignating the second subsection (g) as subsection (h); and</text></paragraph>
<paragraph id="HF7E7C90D18874124824BFAC2EE8ECF44"><enum>(2)</enum><text>by adding at the end the following new subsection:</text>
<quoted-block id="H6D71D7B89CE24E8F9BBD65011715165F" style="OLC">
<subsection id="H6FACA50EF15A4CA590E412BB9286F8FF"><enum>(l)</enum><text>In determining whether the government of a country engages in a pattern of gross violations of internationally recognized human rights, as described in subsection (a), the President shall give particular consideration to whether a foreign government—</text>
<paragraph id="HDC07224F617E4A9DA8D5CA13376EA120"><enum>(1)</enum><text>has engaged in or tolerated particularly severe violations of women’s rights, as defined in section 3 of the <short-title>International Women’s Freedom Act of 2007</short-title>; or</text></paragraph>
<paragraph id="HFDF0964544F042CCA06CA182D8FA4B3"><enum>(2)</enum><text>has failed to undertake serious and sustained efforts to combat particularly severe violations of women’s rights when such efforts could have been reasonably undertaken.</text></paragraph></subsection><after-quoted-block>.</after-quoted-block></quoted-block></paragraph></section>
<section id="HF81870EFFD0D4A90A49DDD856900BDBA"><enum>423.</enum><header>Exports of certain items used in particularly severe violations of women’s rights</header>
<subsection id="H62F14B123B034866B9D867D3D7435652"><enum>(a)</enum><header>Mandatory licensing</header><text>Notwithstanding any other provision of law, the Secretary of Commerce, with the concurrence of the Secretary of State, shall include on the list of crime control and detection instruments or equipment controlled for export and reexport under section 6(n) of the Export Administration Act of 1979 (<external-xref legal-doc="usc-appendix" parsable-cite="usc-appendix/50/2405">50 U.S.C. App. 2405(n)</external-xref>) (as continued in effect under the International Emergency Economic Powers Act), or under any other provision of law, items being exported or reexported to countries of particular concern for women’s rights that the Secretary of Commerce, with the concurrence of the Secretary of State, and in consultation with appropriate officials including the Under Secretary of State for Democracy and Global Affairs, Assistant Secretary of State for Democracy, Human Rights and Labor, and the Ambassador at Large, determines are being used or are intended for use directly and in significant measure to carry out particularly severe violations of women’s rights.</text></subsection>
<subsection id="H779A89E5B9ED4D7F82BB5487CA20D163"><enum>(b)</enum><header>Licensing ban</header><text>The prohibition on the issuance of a license for export of crime control and detection instruments or equipment under section 502B(a)(2) of the Foreign Assistance Act of 1961 (<external-xref legal-doc="usc" parsable-cite="usc/22/2304">22 U.S.C. 2304(a)(2)</external-xref>) shall apply to the export and reexport of any item included under subsection (a) on the list of crime control instruments.</text></subsection></section></subtitle>
<enum>V</enum><header>Promotion of women’s rights</header>
<section id="H2070CA2721FB40FE825065D2E8B64892"><enum>501.</enum><header>Assistance for promoting women’s rights</header>
<subsection id="H1CE3C49858454BB5AA735DE1C739205E"><enum>(a)</enum><header>Findings</header><text>Congress makes the following findings:</text>
<paragraph id="HEAAA411C70D44737B559AC9F4A9F21F"><enum>(1)</enum><text>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.</text></paragraph>
<paragraph id="HC90369D16B404769A7CA9C4011BB4F52"><enum>(2)</enum><text>Accordingly, in the provision of foreign assistance, the United States should make a priority of promoting and developing legal protections and enforcement, as well as cultural respect for women’s rights.</text></paragraph></subsection>
<subsection id="HCC4D0E44FBF94B539896A16C15053DD"><enum>(b)</enum><header>Allocation of funds for increased promotion of women’s rights</header><text>Section 116(e) of the Foreign Assistance Act of 1961 (<external-xref legal-doc="usc" parsable-cite="usc/22/2151n">22 U.S.C. 2151n(e)</external-xref>) is amended by inserting <quote>and the rights of women</quote> after <quote>free religious belief and practice</quote>.</text></subsection></section>
<section id="H1B290DDCCB8A4F60AE7E003F8E24586F"><enum>502.</enum><header>International broadcasting</header><text display-inline="no-display-inline">Section 303(a)(8) of the United States International Broadcasting Act of 1994 (<external-xref legal-doc="usc" parsable-cite="usc/22/6202">22 U.S.C. 6202(a)(8)</external-xref>) is amended by inserting <quote>and women’s rights</quote> after <quote>religion</quote>.</text></section>
<section id="H4736C6B2E41B45ADBE64B14699002000"><enum>503.</enum><header>International exchanges</header><text display-inline="no-display-inline">Section 102(b) of the Mutual Educational and Cultural Exchange Act of 1961 (<external-xref legal-doc="usc" parsable-cite="usc/22/2452">22 U.S.C. 2452(b)</external-xref>) is amended—</text>
<paragraph id="H32E93BDA049D495DB3B92681C5005793"><enum>(1)</enum><text>by striking <quote>and</quote> after paragraph (11);</text></paragraph>
<paragraph id="H013C7DF9DD934C6EBC7E73F1A6881C87"><enum>(2)</enum><text>by striking the period at the end of paragraph (12) and inserting <quote>; and</quote>; and</text></paragraph>
<paragraph id="HBBA4DCA1C54B466D8DC92E1464E1E535"><enum>(3)</enum><text>by adding at the end the following:</text>
<quoted-block id="H6E2A48C07B644CAAABF09F919D179D27" style="OLC">
<paragraph id="HEEA859253BC3452F9975080086FE9098"><enum>(13)</enum><text>promoting respect for and guarantees of women’s rights abroad by interchanges and visits between the United States and other nations of leaders, scholars, and legal experts in the field of women’s rights.</text></paragraph><after-quoted-block>.</after-quoted-block></quoted-block></paragraph></section>
<section id="HBFB7127E7B5948FCB7C551BF51B76FD"><enum>504.</enum><header>Foreign service awards</header>
<subsection id="H29B39C73A4C64F8F87B0417DB9A63995"><enum>(a)</enum><header>Performance pay</header><text>Section 405(d) of the Foreign Service Act of 1980 (<external-xref legal-doc="usc" parsable-cite="usc/22/3965">22 U.S.C. 3965(d)</external-xref>) is amended in the second sentence by inserting <quote>and women’s rights</quote> after <quote>freedom of religion</quote>.</text></subsection>
<subsection id="H542CD8AD65024333A6EE282D96223B25"><enum>(b)</enum><header>Foreign service awards</header><text>Section 614 of the Foreign Service Act of 1980 (<external-xref legal-doc="usc" parsable-cite="usc/22/4013">22 U.S.C. 4013</external-xref>) is amended in the last sentence by inserting <quote>and women’s rights,</quote> after <quote>freedom of religion</quote>.</text></subsection></section>
<enum>VI</enum><header>Refugee, asylum, and consular matters</header>
<section id="HB0002A30C2114939848C8C9F2BA459D5"><enum>601.</enum><header>Use of annual report</header><text display-inline="no-display-inline">The Annual Report, together with other relevant documentation, shall serve as a resource for immigration judges and consular, refugee, and asylum officers in cases involving claims of mistreatment on the grounds of gender. Absence of reference by the Annual Report to conditions described by the alien shall not constitute the sole grounds for a denial of the alien’s claim.</text></section>
<section display-inline="no-display-inline" id="H9A39877711F44C18A45F13EE749952F" section-type="subsequent-section"><enum>602.</enum><header>Refugee training</header>
<subsection display-inline="no-display-inline" id="H737DCC5BC2E947ADA2D2EEB7AF88001D"><enum>(a)</enum><header>Training for foreign service officers</header><text>Section 708(b) of the Foreign Service Act of 1980 (<external-xref legal-doc="usc" parsable-cite="usc/22/4028">22 U.S.C. 4028(b)</external-xref>) is amended by striking <quote>and on religious persecution</quote> and inserting <quote>, on religious persecution, and on gender-based discrimination</quote>.</text></subsection>
<subsection id="HC33A74A85D414F6EB0DA1B29FFFFC786"><enum>(b)</enum><header>Consultation with Congress concerning admissions of refugees</header>
<paragraph id="H390FB65450C7491B9CF9E68DEA834DD"><enum>(1)</enum><header>In general</header><text>Section 207 of the Immigration and Nationality Act (<external-xref legal-doc="usc" parsable-cite="usc/8/1157">8 U.S.C. 1157</external-xref>) is amended—</text>
<subparagraph id="H652740D45E55439B8F65DC6729C30527"><enum>(A)</enum><text>in subsection (d)(1), in the first sentence, by inserting <quote>, information relating to gender-based discrimination against such refugees in their countries of nationality or last habitual residence,</quote> after <quote>resettlement during the fiscal year</quote>;</text></subparagraph>
<subparagraph id="H2433481F47C54DB7AE86A1D99B1624BE"><enum>(B)</enum><text>in subsection (e)—</text>
<clause id="HCC9EC142CED441CEB67C00C1C6C312C3"><enum>(i)</enum><text>in the matter preceding paragraph (1), by inserting <quote>the Secretary of State and</quote> before <quote>designated</quote>;</text></clause>
<clause id="H010A619D804C4AA3B464E3C7E6005480"><enum>(ii)</enum><text>by redesignating paragraph (7) as paragraph (8); and</text></clause>
<clause id="HB32AC653621E4DD9AA4FD06141D07465"><enum>(iii)</enum><text>by inserting after paragraph (6) the following new paragraph:</text>
<quoted-block display-inline="no-display-inline" id="H3C16EA2559AE4234817B9614ACC08F70" style="traditional">
<paragraph id="HE005AB0238394CF992BD27B2164B4769"><enum>(7)</enum><text>A description of any gender-based discrimination experienced by such refugees in their countries of nationality or last habitual residence.</text></paragraph><after-quoted-block>.</after-quoted-block></quoted-block></clause></subparagraph></paragraph>
<paragraph commented="no" id="H303509D9CEBA457894334D43851068A5"><enum>(2)</enum><header>Effective date</header><text>The amendments made by paragraph (1) shall take effect beginning with the first fiscal year that begins after the date of the enactment of this Act.</text></paragraph></subsection>
<subsection id="H0861A6D5408042BDB19D697E3D003D34"><enum>(c)</enum><header>Guidelines and training for officials adjudicating refugee cases</header>
<paragraph id="HB709DEF33D7F46CEADE8D1FE6703BB76"><enum>(1)</enum><header>In general</header><text>Such section is further amended—</text>
<subparagraph id="HAE359CD1BA27443F8555006EB0101889"><enum>(A)</enum><text>in subsection (f), by adding at the end the following new paragraph:</text>
<quoted-block display-inline="no-display-inline" id="H582109BB6F7D4210A489C922B8E9D3D1" style="traditional">
<paragraph id="HC7390EB2EAD248C8B8BD45840975B31D" indent="up1"><enum>(3)</enum><text>The Secretary of Homeland Security, in consultation with the Secretary of State, shall develop and implement training guidelines related to nondiscrimination in the adjudication of such cases as a result of the gender, race, religion, nationality, membership in a particular social group, or political opinion of the alien applying to be admitted as a refugee under this section. Such training guidelines shall be culturally sensitive and shall provide the officials subject to such training with the tools to provide a nonbiased and nonadversarial atmosphere for the purpose of adjudicating such cases.</text></paragraph><after-quoted-block>; and</after-quoted-block></quoted-block></subparagraph>
<subparagraph id="HFF13626B98E2455190825007F1F7A9FB"><enum>(B)</enum><text>by adding at the end the following new subsection:</text>
<quoted-block display-inline="no-display-inline" id="HD48E593E1A304D42B5E7A93E83F3D4FC" style="traditional">
<subsection commented="no" id="H7138F59F09AD4E329714990040F19095"><enum>(g)</enum>
<paragraph commented="no" display-inline="yes-display-inline" id="HCB5B756E65E2458986006CA8B3489C5"><enum>(1)</enum><text>The Secretary of Homeland Security, in consultation with the Secretary of State, shall promulgate regulations to ensure—</text>
<subparagraph commented="no" id="H57B41D3E74BD44B3A7E8B639ACAF10F6" indent="up1"><enum>(A)</enum><text>uniform procedures for the establishment of agreements between the United States Government and designated entities and personnel responsible for the preparation of refugee case files for use in refugee adjudications; and</text></subparagraph>
<subparagraph commented="no" id="HE488C7B3CC2349CB9E52878E3ED25814" indent="up1"><enum>(B)</enum><text>uniform procedures regarding the preparation of such files by such entities and personnel.</text></subparagraph></paragraph>
<paragraph commented="no" id="H30FD34460F8448EAB24FA1236F5655B" indent="up1"><enum>(2)</enum><text>Such regulations shall ensure that—</text>
<subparagraph commented="no" id="H48D1780B2B564AEEA215B518C8F89E5C"><enum>(A)</enum><text>such files accurately reflect the information provided by the alien seeking admission as a refugee under this section; and</text></subparagraph>
<subparagraph commented="no" id="H8A2805FDC9B9450B82C2B42B221FA97"><enum>(B)</enum><text>such aliens are not disadvantaged or denied such admission as a result of faulty case file preparation.</text></subparagraph></paragraph></subsection><after-quoted-block>.</after-quoted-block></quoted-block></subparagraph></paragraph>
<paragraph id="H9890D189093147D39C01E712D91583B0"><enum>(2)</enum><header>Effective date</header><text>The amendments made by paragraph (1) shall take effect and apply with respect to aliens seeking admission as refugees under section 207 of the Immigration and Nationality Act (<external-xref legal-doc="usc" parsable-cite="usc/8/1157">8 U.S.C. 1157</external-xref>) beginning with the first fiscal year that begins after the date of the enactment of this Act.</text></paragraph></subsection></section>
<section id="HCC138DE034324C3C00617557FC16984B"><enum>603.</enum><header>Reform of asylum policy</header>
<subsection id="HB35E178AA2B740558D334FA181A33434"><enum>(a)</enum><header>Language translation services</header>
<paragraph id="HC760A50EA8C344209F6FCD6C00202652"><enum>(1)</enum><header>In general</header><text>Section 208(d) of the Immigration and Nationality Act (<external-xref legal-doc="usc" parsable-cite="usc/8/1158">8 U.S.C. 1158(d)</external-xref>) is amended by adding at the end the following new paragraph:</text>
<quoted-block display-inline="no-display-inline" id="H545EFAF7C2BF43B098E7A1001E5B31AB" style="OLC">
<paragraph id="H371280E1C6D849FC8067A6DC6E05A57B"><enum>(8)</enum><header>Language translation services</header>
<subparagraph id="HB5E529D80C864052B900806ECB9E0050"><enum>(A)</enum><header>In general</header><text>The Secretary of Homeland Security, in consultation with the Secretary of State, shall promulgate regulations that provide that the United States does not use the language translation services of an individual who demonstrates a bias or potential bias on the grounds of gender, race, religion, nationality, membership in a particular social group, or political opinion in connection with the giving of testimony by an alien before the trier of fact under subsection (b)(1)(B) or an asylum officer under section 235(b)(1)(B).</text></subparagraph>
<subparagraph id="H9E6045146A8E488A80BC8EB9DD964450"><enum>(B)</enum><header>Prohibition on assistance by certain individuals</header><text display-inline="yes-display-inline">The Secretary of Homeland Security, in consultation with the Secretary of State, shall promulgate regulations to provide that the United States does not use the language translation services of an individual who is an interpreter for or other employee of an airline owned by a country the government of which the Secretary of Homeland Security, in consultation with the Secretary of State, has determined has engaged in persecution on the grounds of gender, race, religion, nationality, membership in a particular social group, or political opinion in connection with the giving of testimony by an alien before the trier of fact under subsection (b)(1)(B) or an asylum officer under section 235(b)(1)(B).</text></subparagraph></paragraph><after-quoted-block>.</after-quoted-block></quoted-block></paragraph>
<paragraph id="H6EB18E2599C54811A18B86DD00C09249"><enum>(2)</enum><header>Effective date</header><text>The amendment made by paragraph (1) shall apply to the use of language translation services after the date of the enactment of this Act.</text></paragraph></subsection>
<subsection id="HC9702826B4C14A658EBDC06984E6658C"><enum>(b)</enum><header>Training for officials</header><text>Section 208 of the Immigration and Nationality Act (<external-xref legal-doc="usc" parsable-cite="usc/8/1158">8 U.S.C. 1158</external-xref>) is amended by adding at the end the following new subsection:</text>
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<subsection id="H0D47DFB603EF46B7B4ABC981B1BAD4C0"><enum>(e)</enum><header>Training for officials</header><text>In addition to the training that is provided to officers adjudicating asylum cases under this section and asylum officers under section 235(b)(1)(E), the Secretary of Homeland Security, in consultation with the Secretary of State, the Ambassador at Large for International Women’s Rights of the Department of State, the Director of the George P. Shultz National Foreign Affairs Training Center (commonly referred to as the <quote>Foreign Service Institute</quote>), and other appropriate officials, shall provide to such officers training relating to the nature of gender-based discrimination in foreign countries (including country-specific conditions), instruction concerning internationally-recognized women’s rights, and information regarding state sponsored and non-state sponsored applicable distinctions in a foreign country between the treatment of men and women.</text></subsection><after-quoted-block>.</after-quoted-block></quoted-block></subsection>
<subsection id="H4D1E454240F84166A3C5D86400DBDB15"><enum>(c)</enum><header>Training for immigration judges conducting proceedings for deciding the inadmissibility or deportability of an alien</header><text>Section 240 of the Immigration and Nationality Act (<external-xref legal-doc="usc" parsable-cite="usc/8/1229a">8 U.S.C. 1229a</external-xref>) is amended by adding at the end the following new subsection:</text>
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<subsection id="HFDAB41A689AA465A8C739300809B4127"><enum>(f)</enum><header>Training for immigration judges conducting proceedings for deciding the inadmissibility or deportability of an alien</header><text>The Attorney General shall provide to immigration judges training related to the nature of gender-based discrimination in foreign countries (including country-specific conditions), instruction concerning internationally-recognized women’s rights, and information regarding state sponsored and non-state sponsored distinctions in a foreign country between the treatment of men and women.</text></subsection><after-quoted-block>.</after-quoted-block></quoted-block></subsection></section>
<section id="H6B0EB9BDA4974D6B9102929953DA94F6"><enum>604.</enum><header>Inadmissibility of foreign government officials who have engaged in particularly severe violations of women’s rights</header>
<subsection id="H6A8494F7BA7E4021B7C6B8AE22D0459B"><enum>(a)</enum><header>Ineligibility for visas and admission to the United States</header><text>Section 212(a)(2) of the Immigration and Nationality Act (<external-xref legal-doc="usc" parsable-cite="usc/8/1182">8 U.S.C. 1182(a)(2)</external-xref>) is amended by adding at the end the following new subparagraph:</text>
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<subparagraph id="HEBD3BA9DF293484982DCC803A18BEE01"><enum>(J)</enum><header>Foreign government officials who have engaged in particularly severe violations of women’s rights</header><text>Any alien who, while serving as a foreign government official, was responsible for or directly carried out, at any time during the preceding 24-month period, particularly severe violations of women’s rights, as defined in section 3 of the <short-title>International Women’s Freedom Act of 2007</short-title>, and the spouse, son, or daughter, if any, of such official, is inadmissible.</text></subparagraph><after-quoted-block>.</after-quoted-block></quoted-block></subsection>
<subsection id="H5BCC1A0B09C2401587D519C204B61DBF"><enum>(b)</enum><header>Effective date</header><text>The amendment made by subsection (a) shall apply to determinations of admissibility made on or after the date of the enactment of this Act.</text></subsection></section>
<section id="H4BD6347716BE4E89BF4C6C1B67C33415" display-inline="no-display-inline" section-type="subsequent-section"><enum>605.</enum><header>Study on the effect of expedited removal provisions on asylum claims</header>
<subsection id="HD9381159647948AF8510FC1200079647"><enum>(a)</enum><header>Study</header>
<paragraph id="H117C6A798A924F4689CBADC8001EAAAF"><enum>(1)</enum><header>Comptroller General</header><text>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 (<external-xref legal-doc="usc" parsable-cite="usc/8/1225">8 U.S.C. 1225(b)(1)(E)</external-xref>)) 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:</text>
<subparagraph id="HA813578E00FD4097A4CCBDCCF25DD"><enum>(A)</enum><text>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.</text></subparagraph>
<subparagraph id="H825D67C1496946A492F32B57EDB89EDB"><enum>(B)</enum><text>Encouraging aliens expressing a fear of gender-based persecution to withdraw their applications for admission.</text></subparagraph>
<subparagraph id="HC31BA5216CC34B6A9DBF100446C3CDE7"><enum>(C)</enum><text>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).</text></subparagraph>
<subparagraph id="HAA81F6161A004FB8B5004B7366E72E1"><enum>(D)</enum><text>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.</text></subparagraph>
<subparagraph id="H1629701719A24B26BE9EC92208029F60"><enum>(E)</enum><text>Improperly using detention as a deterrent to an alien’s pursuing an asylum claim.</text></subparagraph>
<subparagraph id="HF9EF40F51EE148979851F7009D821C4C"><enum>(F)</enum><text>Improperly detaining asylum seekers who establish a credible fear, identity, community ties, and who do not pose a security risk.</text></subparagraph>
<subparagraph id="HD8470B77F88F4CD3A6910698EB00D615"><enum>(G)</enum><text>Improperly detaining asylum seekers in jail-like facilities where staff is not given specific training on the special needs of asylum seekers.</text></subparagraph></paragraph>
<paragraph id="H5F3F31DD7BC049528767E751C7A3B9C9"><enum>(2)</enum><header>Commission request for participation by experts on refugee and asylum issues</header><text>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).</text></paragraph></subsection>
<subsection id="H290DAAAEE1AB42A6A2EFE9A81E120C3"><enum>(b)</enum><header>Reports</header>
<paragraph id="H111121D9F8F44F16A538D9E5A7CEB95F"><enum>(1)</enum><header>Comptroller General</header><text>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.</text></paragraph>
<paragraph id="H90FF0B2A7E4A493BAC417E267EA60077"><enum>(2)</enum><header>Experts</header><text>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.</text></paragraph></subsection>
<subsection id="HB462635E289944FCBCBB58139C93604B"><enum>(c)</enum><header>Access to proceedings</header>
<paragraph id="H0C5FFC2069C24C96BFE397B5468D1150"><enum>(1)</enum><header>In general</header><text>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 (<external-xref legal-doc="usc" parsable-cite="usc/8/1225">8 U.S.C. 1225(b)</external-xref>).</text></paragraph>
<paragraph id="H2512CA15B7BA4B5FBC2C8731E0FDAC50"><enum>(2)</enum><header>Exception</header><text>Paragraph (1) shall not apply with respect to the inspection if—</text>
<subparagraph id="H24C92F36D2CC4A4FA4E93E446B487E83"><enum>(A)</enum><text>the alien concerned objects to such access; or</text></subparagraph>
<subparagraph id="HA353608D8EB64285B2029CF8E0315D44"><enum>(B)</enum><text>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.</text></subparagraph></paragraph></subsection></section>
<enum>VII</enum><header>Miscellaneous Provisions</header>
<section id="HA26FD6FF2C374DB0B2E94BD2915B3600"><enum>701.</enum><header>Business codes of conduct</header>
<subsection id="H01D158853B2C424F8352ADA41811CBB7"><enum>(a)</enum><header>Congressional finding</header><text>The Congress recognizes the increasing importance of transnational corporations as global actors, and their potential for providing positive leadership in their host countries in the area of human rights.</text></subsection>
<subsection id="H346C626E0005461FA53036AFF5E794A"><enum>(b)</enum><header>Sense of the congress</header><text>It is the sense of the Congress that transnational corporations operating overseas, particularly those corporations operating in countries the governments of which have engaged in or tolerated violations of women’s rights, as identified in the Annual Report, should adopt codes of conduct—</text>
<paragraph id="H22F3EB02384E45BC8F7FB2426B0003B3"><enum>(1)</enum><text>upholding the rights of their female employees; and</text></paragraph>
<paragraph id="H2A114AE8186445EA8E53C4EDA16E3A5"><enum>(2)</enum><text>ensuring that a worker’s gender shall in no way affect, or be allowed to affect, the status or terms of his or her employment.</text></paragraph></subsection></section>