[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2947 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2947
To express United States foreign policy with respect to, and to
strengthen United States advocacy on behalf of, individuals persecuted
and denied their rights in foreign countries on account of gender, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 1, 2013
Mrs. Carolyn B. Maloney of New York (for herself, Ms. Lee of
California, and Ms. Norton) introduced the following bill; which was
referred to the Committee on Foreign Affairs, and in addition to the
Committees on Financial Services and the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To express United States foreign policy with respect to, and to
strengthen United States advocacy on behalf of, individuals persecuted
and denied their rights in foreign countries on account of gender, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``International
Women's Freedom Act of 2013''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings; policy.
Sec. 3. Definitions.
TITLE I--DEPARTMENT OF STATE ACTIVITIES
Sec. 101. Office on International Women's Rights; Ambassador at Large
for International Women's Rights.
Sec. 102. Reports.
Sec. 103. Establishment of a women's rights Internet site.
Sec. 104. Training for foreign service officers.
Sec. 105. High-level contacts with nongovernmental organizations.
Sec. 106. Programs and allocations of funds by United States missions
abroad.
Sec. 107. Prisoner lists and issue briefs on women's rights concerns.
TITLE II--COMMISSION ON INTERNATIONAL WOMEN'S RIGHTS
Sec. 201. Establishment and composition.
Sec. 202. Duties of the Commission.
Sec. 203. Powers of the Commission.
Sec. 204. Commission personnel matters.
Sec. 205. Reports of the Commission.
Sec. 206. Applicability of other laws.
Sec. 207. Standards of conduct and disclosure.
Sec. 208. Authorization of appropriations.
Sec. 209. Termination.
TITLE III--NATIONAL SECURITY COUNCIL
Sec. 301. Special Adviser on International Women's Rights.
TITLE IV--PRESIDENTIAL ACTIONS
Subtitle A--Targeted Responses to Violations of Women's Rights Abroad
Sec. 401. Presidential actions in response to violations of women's
rights.
Sec. 402. Presidential actions in response to particularly severe
violations of women's rights.
Sec. 403. Consultations.
Sec. 404. Report to Congress.
Sec. 405. Description of Presidential actions.
Sec. 406. Effects on existing contracts.
Sec. 407. Presidential waiver.
Sec. 408. Publication in Federal Register.
Sec. 409. Termination of Presidential actions.
Sec. 410. Preclusion of judicial review.
Subtitle B--Strengthening Existing Law
Sec. 421. United States assistance.
Sec. 422. Multilateral assistance.
Sec. 423. Exports of certain items used in particularly severe
violations of women's rights.
TITLE V--PROMOTION OF WOMEN'S RIGHTS
Sec. 501. Assistance for promoting women's rights.
Sec. 502. International broadcasting.
Sec. 503. International exchanges.
Sec. 504. Foreign service awards.
TITLE VI--REFUGEE, ASYLUM, AND CONSULAR MATTERS
Sec. 601. Use of Annual Report.
Sec. 602. Refugee training.
Sec. 603. Reform of asylum policy.
Sec. 604. Inadmissibility of foreign government officials who have
engaged in particularly severe violations
of women's rights.
Sec. 605. Study on the effect of expedited removal provisions on asylum
claims.
TITLE VII--MISCELLANEOUS PROVISIONS
Sec. 701. Business codes of conduct.
SEC. 2. FINDINGS; POLICY.
(a) Findings.--Congress makes the following findings:
(1) Support for human rights is the cornerstone of American
foreign policy, and the advance of women's rights and the
advance of liberty are ultimately inseparable.
(2) A number of international human rights instruments, as
well as several international declarations, have recognized the
equal rights of men and women and articulated specific aspects
of women's human rights, including the Universal Declaration of
Human Rights, the Charter of the United Nations, the
International Covenant on Civil and Political Rights, the
International Covenant on Economic, Social and Cultural Rights,
the Convention on the Elimination of all Forms of
Discrimination against Women, the Inter-American Convention on
the Prevention, Punishment and Eradication of Violence Against
Women, the Declaration on the Elimination of Violence against
Women, and the Beijing Declaration and Platform for Action.
(3) Article 1 of the Universal Declaration of Human Rights
recognizes that ``all human beings are born free and equal in
dignity and rights'', and Article 7 recognizes that ``all are
equal before the law and are entitled without any
discrimination to equal protection of the law''. Article 3 of
the International Covenant on Civil and Political Rights
recognizes that the State Parties to the Covenant ``undertake
to ensure the equal right of men and women to the enjoyment of
all civil and political rights set forth in the Covenant''.
Article 26 of the Covenant provides that ``all persons are
equal before the law and are entitled without any
discrimination to the equal protection of the law. In this
respect, the laws of each State Party shall prohibit any
discrimination and guarantee to all persons equal and effective
protection against discrimination on any ground such as race,
color, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status''.
The Preamble of the Charter of the United Nations affirms the
equal rights of men and women. Governments have the
responsibility to protect the fundamental rights of their
citizens and to pursue justice for all. Women's rights are
fundamental rights, regardless of race, country, creed, or
nationality, and should never be arbitrarily abridged by any
government.
(4) Barbaric treatment of women persists in many parts of
the world. Women suffer both government-sponsored and
government-tolerated violations of their human rights. In
countries where women are subject to particularly severe
restrictions, women cannot work outside the home, cannot attend
schools or universities, cannot drive, cannot leave the home
without a male companion, may only use segregated
transportation, cannot obtain a passport or travel without the
permission of a male relative, must wear particular clothing,
must black out house windows in public view, cannot obtain
quality health education, and have limited access to health
care because a male relative must be present or because male
doctors are not allowed to touch female patients. The ``In-
depth study on all forms of violence against women'' conducted
by the Secretary General of the United Nations found that in
many countries, women's economic opportunities are severely
limited because of discrimination in employment, property
rights, and access to resources. These inequalities work to
limit women's independence and make them more vulnerable to
further discrimination, including violence.
(5) Violence against women is a form of discrimination
which is pervasive throughout all parts of the world. In many
countries, governments condone or perpetrate violence against
women. Women are subject to various manifestations of brutal
violence, including female genital mutilation, honor killings,
domestic violence, gender-based murders, rape, trafficking,
forced early marriage, and the maltreatment of widows.
Perpetration of violence by the country can include custodial
violence, forced sterilization, sexual violence during armed
conflict, and policies on forced pregnancy and forced abortion.
Violence against women has consequences for their health and
well-being, their economic security, and the economic
development of their communities and countries.
(6) Though not confined to a particular region or regime,
violations of women's rights are often particularly widespread,
systematic, and heinous under totalitarian governments and in
countries with militant, politicized religious majorities or
with strong tribal traditions.
(7) Congress has recognized and denounced international
violations of women's rights through the adoption of the
following resolutions:
(A) Senate Resolution 68 of the 106th Congress,
expressing the sense of the Senate regarding the
treatment of women and girls by the Taliban in
Afghanistan.
(B) Senate Concurrent Resolution 42 of the 107th
Congress, condemning the Taliban for their
discriminatory policies towards women.
(C) Senate Concurrent Resolution 86 of the 107th
Congress, expressing the sense of Congress that women
from all ethnic groups in Afghanistan should
participate in the economic and political
reconstruction of Afghanistan.
(D) House Resolution 393 of the 108th Congress,
commending Afghan women for their participation in
Afghan government and civil society, encouraging the
inclusion of Afghan women in the political and economic
life of Afghanistan, and advocating the protection of
the human rights of all Afghans, particularly women, in
the Afghanistan Constitution.
(E) Senate Resolution 74 of the 109th Congress,
designating March 8, 2005, as International Women's
Day.
(b) Policy.--It shall be the policy of the United States to do the
following:
(1) To condemn violations of women's rights, and to
promote, and to assist other governments in promoting, the
fundamental human rights of women.
(2) To seek to channel United States security and
development assistance to governments other than those found to
be engaged in gross violations of the rights of women, as set
forth in the Foreign Assistance Act of 1961, in the
International Financial Institutions Act, and in other
formulations of United States human rights policy.
(3) To be vigorous and flexible, reflecting both the
unwavering commitment of the United States to women's rights
and the desire of the United States for the most effective and
principled response, in light of the range of violations of
women's rights by a variety of persecuting regimes, and the
status of the relations of the United States with different
nations.
(4) To work with foreign governments that affirm and
protect women's rights, in order to develop multilateral
documents and initiatives to combat violations of women's
rights and promote the right of women to enjoy their human
rights abroad.
(5) Standing for liberty and standing with the
disadvantaged, to use and implement appropriate tools in the
United States foreign policy apparatus, including diplomatic,
political, commercial, charitable, educational, and cultural
channels, to promote respect for women's rights by all
governments and peoples.
SEC. 3. DEFINITIONS.
In this Act:
(1) Ambassador at large.--The term ``Ambassador at Large''
means the Ambassador at Large for International Women's Rights
appointed under section 101(b).
(2) Annual report.--The term ``Annual Report'' means the
Annual Report on International Women's Rights described in
section 102(b).
(3) Appropriate congressional committees.--The term
``appropriate congressional committees''--
(A) means the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the
House of Representatives; and
(B) includes, in the case of any determination made
with respect to the taking of Presidential action under
paragraphs (9) through (15) of section 405(a), the
committees described in subparagraph (A) and, where
appropriate, the Committee on Financial Services of the
House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate.
(4) Commensurate action.--The term ``commensurate action''
means action taken by the President under section 405(b).
(5) Commission.--The term ``Commission'' means the United
States Commission on International Women's Rights established
in section 201(a).
(6) Country reports on human rights practices.--The term
``Country Reports on Human Rights Practices'' means the annual
report required to be submitted by the Secretary of State to
Congress under sections 116(d) and 502B(b) of the Foreign
Assistance Act of 1961.
(7) Executive summary.--The term ``Executive Summary''
means the Executive Summary to the Annual Report, as described
in section 102(b)(1)(F).
(8) Government or foreign government.--The term
``government'' or ``foreign government'' includes any agency or
instrumentality of the government.
(9) Human rights reports.--The term ``Human Rights
Reports'' means all reports submitted by the Secretary of State
to Congress under sections 116 and 502B of the Foreign
Assistance Act of 1961.
(10) Office.--The term ``Office'' means the Office on
International Women's Rights established in section 101(a).
(11) Particularly severe violations of women's rights.--The
term ``particularly severe violations of women's rights'' means
systematic, ongoing, egregious violations of women's rights,
including violations such as--
(A) denying women freedoms that are guaranteed for
men;
(B) torture or cruel, inhuman, or degrading
treatment or punishment;
(C) government-sponsored or tolerated violence such
as gender-based murder, rape, traditional practices
such as honor killings and female genital mutilation,
abduction, trafficking, forced sterilization or forced
abortion, and custodial violence;
(D) limiting or denying access to health care and
health education; or
(E) other flagrant denials to women or girls of the
right to life, liberty, or the security of persons.
(12) Special adviser.--The term ``Special Adviser'' means
the Special Adviser to the President on International Women's
Rights described in section 101(m) of the National Security Act
of 1947, as added by section 301 of this Act.
(13) Violations of women's rights.--The term ``violations
of women's rights'' means violations of the internationally
recognized human rights of women, as set forth in the
international instruments referred to in section 2(a)(2) and as
described in section 2(a)(3), including violations such as--
(A) arbitrary prohibitions on, restrictions on, or
punishment for--
(i) women engaging in activities in which
men are permitted to engage;
(ii) travel, employment, or education for
girls or women;
(iii) clothing for girls or women;
(iv) political participation and voting for
women; and
(v) possession and distribution of
literature pertaining to women's human rights;
(B) discriminatory laws or customary practices that
deprive women of equal rights, such as those pertaining
to marriage and family relations, nationality and
citizenship, legal capacity, and access to economic
resources; or
(C) any of the following acts if committed because
an individual is a girl or woman: detention, forced
labor or prostitution, imprisonment, forced mass
resettlement, beating, torture, mutilation, sexual
assault and rape, enslavement, murder, and execution.
TITLE I--DEPARTMENT OF STATE ACTIVITIES
SEC. 101. OFFICE ON INTERNATIONAL WOMEN'S RIGHTS; AMBASSADOR AT LARGE
FOR INTERNATIONAL WOMEN'S RIGHTS.
(a) Establishment of Office.--There is established within the
Department of State an Office on International Women's Rights that
shall be headed by the Ambassador at Large for International Women's
Rights appointed under subsection (b).
(b) Appointment.--The Ambassador at Large shall be appointed by the
President, by and with the advice and consent of the Senate.
(c) Duties.--The Ambassador at Large shall have the following
responsibilities:
(1) In general.--The primary responsibility of the
Ambassador at Large shall be to advance women's rights abroad,
to denounce the violation of those rights, and to recommend
appropriate responses by the United States Government when
those rights are violated.
(2) Advisory role.--The Ambassador at Large shall be a
principal adviser to the President and the Secretary of State
regarding matters affecting women's rights abroad and, with
advice from the Commission, shall make recommendations
regarding--
(A) the policies of the United States Government
toward governments that violate women's rights or that
fail to ensure the rights of individual women; and
(B) policies to advance women's rights abroad.
(3) Diplomatic representation.--Subject to the direction of
the President and the Secretary of State, the Ambassador at
Large is authorized to represent the United States in matters
and cases relevant to women's rights abroad in--
(A) contacts with foreign governments,
intergovernmental organizations, specialized agencies
of the United Nations, the Organization on Security and
Cooperation in Europe, and other international
organizations of which the United States is a member;
and
(B) multilateral conferences and meetings relevant
to women's rights abroad.
(4) Reporting responsibilities.--The Ambassador at Large
shall have the reporting responsibilities described in section
102.
(5) Senior coordinator for international women's issues.--
The Ambassador at Large shall, in addition to his or her other
duties, assume the duties of the Senior Coordinator for
International Women's Issues of the Department of State.
(d) Funding.--The Secretary of State shall provide the Ambassador
at Large with such funds as may be necessary for the hiring of staff
for the Office, for the conduct of investigations by the Office, and
for necessary travel to carry out the provisions of this section.
SEC. 102. REPORTS.
(a) Portions of Annual Human Rights Reports.--The Ambassador at
Large shall assist the Secretary of State in preparing those portions
of the Human Rights Reports that relate to women's rights and freedom
from discrimination based on gender and those portions of other
information provided to the Congress under sections 116 and 502B of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151n, 2304) that relate to
the right to freedom from discrimination based on sex.
(b) Annual Report on International Women's Rights.--
(1) Deadline for submission.--On September 1 of each year
or the first day thereafter on which the appropriate House of
Congress is in session, the Secretary of State, with the
assistance of the Ambassador at Large, and taking into
consideration the recommendations of the Commission, shall
prepare and transmit to the Congress an Annual Report on
International Women's Rights supplementing the most recent
Human Rights Reports by providing additional detailed
information with respect to matters involving international
women's rights. Each Annual Report shall contain the following:
(A) Status of women's rights.--A description of the
status of women's rights in each foreign country,
including--
(i) trends toward improvement in the
respect and protection of women's rights and
trends toward deterioration of such rights;
(ii) violations of women's rights engaged
in or tolerated by the government of that
country; and
(iii) particularly severe violations of
women's rights engaged in or tolerated by the
government of that country.
(B) Violations of women's rights.--An assessment
and description of the nature and extent of violations
of women's rights in each foreign country, including
gender-based discrimination by governmental and
nongovernmental entities, discrimination targeted at
individuals or particular groups of women, and the
existence of government policies violating women's
rights.
(C) United states policies.--A description of
United States actions and policies in support of
women's rights in each foreign country engaging in or
tolerating violations of women's rights, including a
description of the measures and policies implemented
during the preceding 12 months by the United States
under this title and titles IV and V in opposition to
violations of women's rights and in support of
international women's rights.
(D) International agreements in effect.--A
description of any binding agreement with a foreign
government entered into by the United States under
section 401(b) or 402(c).
(E) Training and guidelines of government
personnel.--A description of--
(i) the training described in the last
sentence of section 708(a) of the Foreign
Service Act of 1980 (as amended by section 104
of this Act), and sections 208(f) and 240(f) of
the Immigration and Nationality Act (as amended
by section 603 of this Act), on violations of
women's rights that is provided to immigration
judges and consular, refugee, immigration, and
asylum officers; and
(ii) the development and implementation of
the guidelines described in subsections (f)(3)
and (g) of section 207 of the Immigration and
Nationality Act (as amended by section 602 of
this Act).
(F) Executive summary.--An Executive Summary to the
Annual Report highlighting the status of women's rights
in certain foreign countries and including the
following:
(i) Countries in which the united states is
actively promoting women's rights.--An
identification of foreign countries in which
the United States is actively promoting women's
rights. This section of the report shall
include a description of actions taken by the
United States to promote the internationally
recognized human rights of women and oppose
violations of such rights under title IV and
title V of this Act during the period covered
by the Annual Report. Any country designated as
a country of particular concern for women's
rights under section 402(b)(1) shall be
included in this section of the report.
(ii) Countries of significant improvement
in women's rights.--An identification of
foreign countries the governments of which have
demonstrated significant improvement in the
protection and promotion of the internationally
recognized human rights of women during the
period covered by the Annual Report. This
section of the report shall include a
description of the nature of the improvement
and an analysis of the factors contributing to
such improvement, including actions taken by
the United States under this Act.
(2) Classified addendum.--If the Secretary of State
determines that it is in the national security interests of the
United States or is necessary for the safety of individuals to
be identified in the Annual Report or is necessary to further
the purposes of this Act, any information required by paragraph
(1), including measures or actions taken by the United States,
may be summarized in the Annual Report or the Executive Summary
and submitted in more detail in a classified addendum to the
Annual Report or the Executive Summary.
(c) Preparation of Reports Regarding Violations of Women's
Rights.--
(1) Standards and investigations.--The Secretary of State
shall ensure that United States missions abroad maintain a
consistent reporting standard and thoroughly investigate
reports of violations of the internationally recognized human
rights of women.
(2) Contacts with nongovernmental organizations.--In
compiling data and assessing the respect of women's rights for
the Human Rights Reports, the Annual Report, and the Executive
Summary, United States mission personnel shall, as appropriate,
seek out and maintain contacts with women's and human rights
nongovernmental organizations, with the consent of those
organizations, including receiving reports and updates from
such organizations and, when appropriate, investigating such
reports.
(d) Amendments to the Foreign Assistance Act of 1961.--
(1) Content of human rights reports for countries receiving
economic assistance.--Section 116(d) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151n(d)) is amended--
(A) by striking ``and'' at the end of paragraph
(11);
(B) by striking the period at the end of paragraph
(12) and inserting ``; and''; and
(C) by adding at the end the following:
``(13) wherever applicable, violations of women's rights,
including particularly severe violations of women's rights (as
defined in section 3 of the International Women's Freedom Act
of 2013).''.
(2) Contents of human rights reports for countries
receiving security assistance.--Section 502B(b) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2304(b)) is amended--
(A) in the first sentence, by inserting ``and the
Ambassador at Large for International Women's Rights''
after ``Religious Freedom''; and
(B) in the fourth sentence by inserting after
``1998)'' the following: ``, and information on
violations of women's rights, including particularly
severe violations of women's rights (as defined in
section 3 of the International Women's Freedom Act of
2013)''.
SEC. 103. ESTABLISHMENT OF A WOMEN'S RIGHTS INTERNET SITE.
In order to facilitate access by nongovernmental organizations and
by the public around the world to international documents on the
protection of women's rights, the Secretary of State, with the
assistance of the Ambassador at Large, shall establish and maintain an
Internet site containing major international documents relating to
women's rights, the Annual Report, the Executive Summary, and any other
documentation or references to other sites as deemed appropriate or
relevant by the Ambassador at Large.
SEC. 104. TRAINING FOR FOREIGN SERVICE OFFICERS.
Section 708(a) of the Foreign Service Act of 1980 (22 U.S.C.
4028(a)) is amended by adding at the end the following flush sentence:
``After January 1, 2014, such training shall include instruction on the
internationally recognized rights of women and the various aspects and
manifestations of violations of women's rights.''.
SEC. 105. HIGH-LEVEL CONTACTS WITH NONGOVERNMENTAL ORGANIZATIONS.
United States chiefs of mission shall seek out and contact any
women's nongovernmental organizations to provide high-level meetings
with such nongovernmental organizations where appropriate and
beneficial. United States chiefs of mission and Foreign Service
officers abroad shall seek to meet with imprisoned women's rights
advocates where appropriate and beneficial.
SEC. 106. PROGRAMS AND ALLOCATIONS OF FUNDS BY UNITED STATES MISSIONS
ABROAD.
It is the sense of the Congress that--
(1) United States diplomatic missions in countries the
governments of which engage in or tolerate violations of the
internationally recognized human rights of women should
develop, as part of annual program planning, a strategy to
promote respect for the internationally recognized human rights
of women; and
(2) in allocating or recommending the allocation of funds
or recommending candidates for programs and grants funded by
the United States Government, United States diplomatic missions
should give particular consideration to those programs and
candidates deemed to assist in the promotion of women's rights.
SEC. 107. PRISONER LISTS AND ISSUE BRIEFS ON WOMEN'S RIGHTS CONCERNS.
(a) Sense of the Congress.--To encourage involvement with women's
rights concerns at every possible opportunity and by all appropriate
representatives of the United States Government, it is the sense of the
Congress that officials of the executive branch of the United States
Government should promote increased advocacy on such issues during
meetings between foreign dignitaries and executive branch officials or
Members of Congress.
(b) Prisoner Lists and Issue Briefs on Women's Rights Concerns.--
The Secretary of State, in consultation with the Ambassador at Large,
the Under Secretary of State for Democracy and Global Affairs, the
Assistant Secretaries of State for Democracy, Human Rights, and Labor,
United States chiefs of mission abroad, regional experts, and
nongovernmental human rights groups, shall prepare and maintain issue
briefs on women's rights, on a country-by-country basis, consisting of
lists of persons believed to be imprisoned, detained, or placed under
house arrest because of their gender, together with brief evaluations
and critiques of the policies of the respective country restricting
women's rights. In considering the inclusion of names of prisoners on
such lists, the Secretary of State shall exercise appropriate
discretion, including concerns regarding the safety, security, and
benefit to such prisoners.
(c) Availability of Information.--The Secretary shall, as
appropriate, provide women's rights issue briefs under subsection (b)
to executive branch officials and Members of Congress in anticipation
of bilateral contacts with foreign leaders, both in the United States
and abroad.
TITLE II--COMMISSION ON INTERNATIONAL WOMEN'S RIGHTS
SEC. 201. ESTABLISHMENT AND COMPOSITION.
(a) In General.--There is established the United States Commission
on International Women's Rights.
(b) Membership.--
(1) Appointment.--The Commission shall be composed of--
(A) the Ambassador at Large, who shall serve ex
officio as a nonvoting member of the Commission; and
(B) nine other members, who shall be United States
citizens who are not being paid as officers or
employees of the United States, and who shall be
appointed as follows:
(i) Three members of the Commission shall
be appointed by the President.
(ii) Three members of the Commission shall
be appointed by the President pro tempore of
the Senate, of which two of the members shall
be appointed upon the recommendation of the
leader in the Senate of the political party
that is not the political party of the
President, and of which one of the members
shall be appointed upon the recommendation of
the leader in the Senate of the other political
party.
(iii) Three members of the Commission shall
be appointed by the Speaker of the House of
Representatives, of which two of the members
shall be appointed upon the recommendation of
the leader in the House of the political party
that is not the political party of the
President, and of which one of the members
shall be appointed upon the recommendation of
the leader in the House of the other political
party.
(2) Selection.--
(A) In general.--Members of the Commission shall be
selected from among distinguished individuals noted for
their knowledge and experience in fields relevant to
the issue of international women's rights, including
foreign affairs, direct experience abroad, human
rights, and international law.
(B) Security clearances.--Each member of the
Commission shall be required to obtain a security
clearance.
(3) Time of appointment.--The appointments required by
paragraph (1) shall be made not later than 120 days after the
date of the enactment of this Act.
(c) Terms.--The term of office of each member of the Commission
shall be 2 years, beginning on the date of the initial appointment of
all of the members of the Commission. Members of the Commission shall
be eligible for reappointment.
(d) Election of Chairperson.--At the first meeting of the
Commission in each calendar year, a majority of the members of the
Commission present and voting shall elect the Chairperson of the
Commission.
(e) Quorum.--Six voting members of the Commission shall constitute
a quorum for purposes of transacting business.
(f) Meetings.--Each year, within 15 days, or as soon as
practicable, after the issuance of the Country Reports on Human Rights
Practices, the Commission shall convene. The Commission shall otherwise
meet at the call of the Chairperson or, if no Chairperson has been
elected for that calendar year, at the call of six voting members of
the Commission.
(g) Vacancies.--Any vacancy of the Commission shall not affect its
powers, but shall be filled in the manner in which the original
appointment was made.
(h) Administrative Support.--The Administrator of General Services
shall provide to the Commission on a reimbursable basis (or, in the
discretion of the Administrator, on a nonreimbursable basis) such
administrative support services as the Commission may request to carry
out the provisions of this title.
(i) Funding.--Members of the Commission shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Commission.
SEC. 202. DUTIES OF THE COMMISSION.
(a) In General.--The Commission shall have as its primary
responsibility--
(1) the annual and ongoing review of the facts and
circumstances of violations of women's rights presented in the
Country Reports on Human Rights Practices, the Annual Report,
and the Executive Summary, as well as information from other
sources as appropriate; and
(2) the making of policy recommendations to the President,
the Secretary of State, and the Congress with respect to
matters involving international women's rights.
(b) Policy Review and Recommendations in Response to Violations.--
The Commission, in evaluating United States Government policies in
response to violations of women's rights, shall consider and recommend
options for policies of the United States Government with respect to
each foreign country the government of which has engaged in or
tolerated violations of women's rights, including particularly severe
violations of women's rights. Such options include diplomatic inquiry,
diplomatic protest, official public demarche, condemnation within
multilateral fora, delay or cancellation of cultural or scientific
exchanges, delay or cancellation of working, official, or state visits,
reduction of certain assistance funds, termination of certain
assistance funds, imposition of targeted trade sanctions, imposition of
broad trade sanctions, and withdrawal of the chief of mission.
(c) Policy Review and Recommendations in Response to Progress.--The
Commission, in evaluating the United States Government policies with
respect to countries found to be taking deliberate steps and making
significant improvement with respect to women's rights, shall consider
and recommend policy options, including private commendation,
diplomatic commendation, official public commendation, commendation
within multilateral fora, an increase in cultural or scientific
exchanges, or both, termination or reduction of existing Presidential
actions, an increase in certain assistance funds, and invitations for
working, official, or state visits.
(d) Effects on Women.--Together with specific policy
recommendations provided under subsections (b) and (c), the Commission
shall also indicate its evaluation of the potential effects of those
policies, if implemented, on women in the country in question.
(e) Monitoring.--The Commission shall, on an ongoing basis, monitor
facts and circumstances of violations of women's rights, in
consultation with independent human rights groups and nongovernmental
organizations, including churches and other religious communities, and
make such recommendations as may be necessary to the appropriate
officials and offices of the United States Government.
SEC. 203. POWERS OF THE COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out its duties under this title, hold hearings, sit and act at
times and places in the United States, take testimony, and receive
evidence as the Commission considers advisable to carry out the
purposes of this title.
(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out the provisions of this
section. Upon request of the Chairperson of the Commission, the head of
such department or agency shall furnish such information to the
Commission, subject to applicable law.
(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(d) Administrative Procedures.--The Commission may adopt such
regulations relating to administrative procedure as may be reasonably
necessary to enable it to carry out this title.
(e) Views of the Commission.--The Members of the Commission may
speak in their capacity as private citizens. Statements on behalf of
the Commission shall be issued in writing over the names of the
Members. The Commission shall in its written statements clearly
describe its statutory authority, distinguishing that authority from
that of appointed or elected officials of the United States Government.
Oral statements, if practicable, shall include a similar description.
(f) Travel.--The Members of the Commission may, with the approval
of the Commission, conduct such travel as is necessary to carry out the
purposes of this title. Each trip must be approved by a majority of the
Commission. This subsection shall not apply to the Ambassador at Large,
whose travel shall not require approval by the Commission.
SEC. 204. COMMISSION PERSONNEL MATTERS.
(a) In General.--The Commission may, without regard to the civil
service laws and regulations, appoint and terminate an Executive
Director and such other additional personnel as may be necessary to
enable the Commission to perform its duties. The decision to employ or
terminate an Executive Director shall be made by an affirmative vote of
at least 6 of the 9 members of the Commission.
(b) Compensation.--The Commission may fix the compensation of the
Executive Director and other personnel without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions and General
Schedule pay rates, except that the rate of pay for the Executive
Director and other personnel may not exceed the rate payable for level
V of the Executive Schedule under section 5316 of such title.
(c) Professional Staff.--The Commission and the Executive Director
shall hire Commission staff on the basis of professional and
nonpartisan qualifications. Commissioners may not individually hire
staff of the Commission. Staff shall serve the Commission as a whole
and may not be assigned to the particular service of a single
Commissioner or a specified group of Commissioners. This subsection
does not prohibit staff personnel from assisting individual members of
the Commission with particular needs related to their duties.
(d) Staff and Services of Other Federal Agencies.--
(1) Department of state.--The Secretary of State shall
assist the Commission by providing on a reimbursable or
nonreimbursable basis to the Commission such staff and
administrative services as may be necessary and appropriate to
perform its functions.
(2) Other federal agencies.--Upon the request of the
Commission, the head of any Federal department or agency may
detail, on a reimbursable or nonreimbursable basis, any of the
personnel of that department or agency to the Commission to
assist it in carrying out its functions under this title. The
detail of any such personnel shall be without interruption or
loss of civil service or Foreign Service status or privilege.
(e) Security Clearances.--The Executive Director shall be required
to obtain a security clearance. The Executive Director may request, on
a needs-only basis and in order to perform the duties of the
Commission, that other personnel of the Commission be required to
obtain a security clearance. The level of clearance shall be the lowest
necessary to appropriately perform the duties of the Commission.
(f) Cost.--The Commission shall reimburse all appropriate
Government agencies for the cost of obtaining clearances for members of
the Commission, for the Executive Director, and for any other
personnel.
SEC. 205. REPORTS OF THE COMMISSION.
(a) In General.--Not later than May 1 of each year, the Commission
shall submit a report to the President, the Secretary of State, and the
Congress setting forth its recommendations for United States policy
options based on its evaluations under section 202.
(b) Classified Form of Report.--The report may be submitted in
classified form, together with a public summary of recommendations, if
the classification of information in the report would further the
purposes of this Act.
(c) Individual or Dissenting Views.--Each member of the Commission
may include the individual or dissenting views of the member.
(d) Financial Report.--The Commission shall, not later than January
1 of each year, submit to the Committee on Foreign Affairs and the
Committee on Appropriations of the House of Representatives, and to the
Committee on Foreign Relations and the Committee on Appropriations of
the Senate, a report detailing and identifying the expenditures of the
Commission in the preceding fiscal year.
SEC. 206. APPLICABILITY OF OTHER LAWS.
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Commission.
SEC. 207. STANDARDS OF CONDUCT AND DISCLOSURE.
(a) Cooperation With Nongovernmental Organizations, the Department
of State, and Congress.--The Commission shall, in performing the
Commission's duties under this title, seek to effectively and freely
cooperate with all governmental and nongovernmental entities engaged in
the promotion of women's rights abroad.
(b) Conflict of Interest and Antinepotism.--
(1) Member affiliations.--Except as provided in paragraph
(3), in order to ensure the independence and integrity of the
Commission, the Commission may not compensate any
nongovernmental agency, project, or person related to or
affiliated with any member of the Commission, whether in that
member's direct employ or not. Staff employed by the Commission
may not serve in the employ of any nongovernmental agency,
project, or person related to or affiliated with any member of
the Commission while employed by the Commission.
(2) Staff compensation.--Staff of the Commission may not
receive compensation from any other source for work performed
in carrying out the duties of the Commission while employed by
the Commission.
(3) Exception.--
(A) In general.--Subject to subparagraph (B),
paragraph (1) shall not apply to payments made for
items such as conference fees or the purchase of
periodicals or other similar expenses, if such payments
would not cause the aggregate value paid to any agency,
project, or person for a fiscal year to exceed $250.
(B) Limitation.--Notwithstanding subparagraph (A),
the Commission shall not give special preference to any
agency, project, or person related to or affiliated
with any member of the Commission.
(4) Definitions.--In this subsection, the term
``affiliated'' means the relationship between a member of the
Commission and--
(A) an individual who holds the position of
officer, trustee, partner, director, or employee of an
agency, project, or person of which that member, or
relative of that member of, the Commission is an
officer, trustee, partner, director, or employee; or
(B) a nongovernmental agency or project of which
that member, or a relative of that member, of the
Commission is an officer, trustee, partner, director,
or employee.
(c) Contract Authority.--
(1) In general.--Subject to the availability of
appropriations, the Commission may contract with and compensate
Government agencies or persons for the conduct of activities
necessary to the discharge of its functions under this title.
Any such person shall be hired without interruption or loss of
civil service or Foreign Service status or privilege. The
Commission may not procure temporary and intermittent services
under section 3109(b) of title 5, United States Code, or under
other contracting authority other than that allowed under this
title.
(2) Expert study.--In the case of a study requested under
section 605 of this Act, the Commission may, subject to the
availability of appropriations, contract with experts and shall
provide the funds for such a study. The Commission shall not be
required to provide the funds for that part of the study
conducted by the Comptroller General of the United States.
(d) Gifts.--
(1) In general.--In order to preserve its independence, the
Commission may not accept, use, or dispose of gifts or
donations of services or property. An individual Commissioner
or employee of the Commission may not, in his or her capacity
as a Commissioner or employee, knowingly accept, use, or
dispose of gifts or donations of services or property, unless
he or she in good faith believes such gifts or donations to
have a value of less than $50 and a cumulative value during a
calendar year of less than $100.
(2) Exceptions.--This subsection shall not apply to the
following:
(A) Gifts provided on the basis of a personal
friendship with a Commissioner or employee, unless the
Commissioner or employee has reason to believe that the
gift was provided because of the Commissioner's
position and not because of the personal friendship.
(B) Gifts provided on the basis of a family
relationship.
(C) The acceptance of training, invitations to
attend or participate in conferences or such other
events as are related to the conduct of the duties of
the Commission, or food or refreshment associated with
such activities.
(D) Items of nominal value or gifts of estimated
value of $10 or less.
(E) De minimis gifts provided by a foreign leader
or state, not exceeding a value of $260. Gifts believed
by Commissioners to be in excess of $260, but which
would create offense or embarrassment to the United
States Government if refused, shall be accepted and
turned over to the United States Government in
accordance with the Foreign Gifts and Decorations Act
of 1966 and the rules and regulations governing such
gifts provided to Members of Congress.
(F) Informational materials such as documents,
books, videotapes, periodicals, or other forms of
communications.
(G) Goods or services provided by any agency or
component of the Government of the United States,
including any commission established under the
authority of the Government.
SEC. 208. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Commission such sums as may be necessary to carry out this title.
(b) Availability of Funds.--Amounts authorized to be appropriated
under subsection (a) are authorized to remain available until expended,
but not later than the date on which the Commission terminates.
SEC. 209. TERMINATION.
The Commission shall terminate 12 years after the date of the
initial appointment of all of the members of the Commission.
TITLE III--NATIONAL SECURITY COUNCIL
SEC. 301. SPECIAL ADVISER ON INTERNATIONAL WOMEN'S RIGHTS.
Section 101 of the National Security Act of 1947 (50 U.S.C. 3021)
is amended by adding at the end the following new subsection:
``(m) It is the sense of the Congress that there should be within
the staff of the National Security Council a Special Adviser to the
President on International Women's Rights, whose position should be
comparable to that of a director within the Executive Office of the
President. The Special Adviser should serve as a resource for executive
branch officials, compiling and maintaining information on the facts
and circumstances of violations of women's rights (as defined in
section 3 of the International Women's Freedom Act of 2013), and making
policy recommendations. The Special Adviser should serve as liaison
with the Ambassador at Large for International Women's Rights, the
United States Commission on International Women's Rights, the Congress,
and, as advisable, women's nongovernmental organizations.''.
TITLE IV--PRESIDENTIAL ACTIONS
Subtitle A--Targeted Responses to Violations of Women's Rights Abroad
SEC. 401. PRESIDENTIAL ACTIONS IN RESPONSE TO VIOLATIONS OF WOMEN'S
RIGHTS.
(a) Response to Violations of Women's Rights.--
(1) In general.--
(A) United states policy.--It shall be the policy
of the United States--
(i) to oppose violations of women's rights
that are or have been engaged in or tolerated
by the governments of foreign countries; and
(ii) to promote women's rights in those
countries through the actions described in
subsection (b).
(B) Requirement of presidential action.--For each
foreign country the government of which engages in or
tolerates violations of women's rights, the President
shall oppose such violations and promote the human
rights of women in that country through the actions
described in subsection (b).
(2) Basis of actions.--Each action taken under paragraph
(1)(B) shall be based upon information regarding violations of
women's rights, as described in the latest Country Reports on
Human Rights Practices, the Annual Report and Executive
Summary, and on any other evidence available, and shall take
into account any findings or recommendations by the Commission
with respect to the foreign country.
(b) Presidential Actions.--
(1) In general.--Subject to paragraphs (2) and (3), the
President, in consultation with the Secretary of State, the
Ambassador at Large, the Special Adviser, and the Commission,
shall, as expeditiously as practicable in response to the
violations described in subsection (a) by the government of a
foreign country--
(A) take one or more of the actions described in
paragraphs (1) through (15) of section 405(a) (or
commensurate action in substitution therefor) with
respect to that country; or
(B) negotiate and enter into a binding agreement
with the government of that country, as described in
section 405(c).
(2) Deadline for actions.--Not later than September 1 of
each year, the President shall take action under any of
paragraphs (1) through (15) of section 405(a) (or commensurate
action in substitution therefor) with respect to each foreign
country the government of which has engaged in or tolerated
violations of women's rights at any time since September 1 of
the preceding year, except that in the case of action under any
of paragraphs (9) through (15) of section 405(a) (or
commensurate action in substitution therefor)--
(A) the action may only be taken after the
requirements of sections 403 and 404 have been
satisfied; and
(B) the September 1 limitation shall not apply.
(3) Authority for delay of presidential actions.--The
President may delay action that is described in any of
paragraphs (9) through (15) of section 405(a) (or commensurate
action in substitution therefor)--
(A) if the President determines and certifies to
the Congress that a single, additional period of time,
not to exceed 90 days, is necessary for any of the
purposes set forth in section 402(c)(3); and
(B) only until the expiration of that additional
period.
(c) Implementation.--
(1) In general.--In carrying out subsection (b), the
President shall--
(A) take the action or actions that most
appropriately respond to the nature and severity of the
violations of women's rights;
(B) seek to the fullest extent possible to target
action as narrowly as practicable with respect to the
agency or instrumentality of the foreign government, or
specific officials thereof, that are responsible for
such violations; and
(C) when appropriate, make every reasonable effort
to conclude a binding agreement concerning the
cessation of such violations in countries with which
the United States has diplomatic relations.
(2) Guidelines for presidential actions.--In addition to
the guidelines under paragraph (1), the President, in
determining whether to take a Presidential action under
paragraphs (9) through (15) of section 405(a) (or commensurate
action in substitution therefor), shall seek to minimize any
adverse effects on--
(A) the population of the country whose government
is targeted by the Presidential action or actions; and
(B) the humanitarian activities of United States
and foreign nongovernmental organizations in that
country.
SEC. 402. PRESIDENTIAL ACTIONS IN RESPONSE TO PARTICULARLY SEVERE
VIOLATIONS OF WOMEN'S RIGHTS.
(a) Response to Particularly Severe Violations of Women's Rights.--
(1) United states policy.--It shall be the policy of the
United States--
(A) to oppose particularly severe violations of
women's rights that are or have been engaged in or
tolerated by the governments of foreign countries; and
(B) to promote the rights of women in those
countries through the actions described in subsection
(c).
(2) Requirement of presidential action.--Whenever the
President determines that the government of a foreign country
has engaged in or tolerated particularly severe violations of
women's rights, the President shall oppose such violations and
promote women's rights through one or more of the actions
described in subsection (c).
(b) Designations of Countries of Particular Concern for Women's
Rights.--
(1) Annual review.--
(A) In general.--Not later than September 1 of each
year, the President shall review the status of women's
rights in each foreign country to determine whether the
government of that country has engaged in or tolerated
particularly severe violations of women's rights in
that country during the preceding 12 months or since
the date of the last review of that country under this
subparagraph, whichever period is longer. The President
shall designate each country the government of which
has engaged in or tolerated violations described in
this subparagraph as a country of particular concern
for women's rights.
(B) Basis of review.--Each review conducted under
subparagraph (A) shall be based upon information
contained in the latest Country Reports on Human Rights
Practices, the Annual Report, and on any other evidence
available, and shall take into account any findings or
recommendations of the Commission with respect to the
foreign country.
(C) Implementation.--Any review under subparagraph
(A) of a foreign country may take place singly or
jointly with the review of one or more countries and
may take place at any time before September 1 of the
respective year.
(2) Determinations of responsible parties.--For the
government of each country designated as a country of
particular concern for women's rights under paragraph (1)(A),
the President shall seek to determine the agency or
instrumentality and specific officials of the government that
are responsible for the particularly severe violations of
women's rights engaged in or tolerated by that government in
order to appropriately target Presidential actions under this
section in response to the violations.
(3) Congressional notification.--Whenever the President
designates a country as a country of particular concern for
women's rights under paragraph (1)(A), the President shall, as
soon as practicable after the designation is made, transmit to
the appropriate congressional committees--
(A) the designation of the country, signed by the
President; and
(B) the identification, if any, of responsible
parties determined under paragraph (2).
(c) Presidential Actions With Respect to Countries of Particular
Concern for Women's Rights.--
(1) In general.--Subject to paragraphs (2), (3), (4), and
(5), with respect to each country of particular concern for
women's rights designated under subsection (b)(1)(A), the
President shall, after the requirements of sections 403 and 404
have been satisfied, but not later than 90 days after the date
of designation of the country under that subsection, carry out
one or more of the following actions under subparagraph (A) or
subparagraph (B):
(A) Presidential actions.--One or more of the
Presidential actions described in paragraphs (9)
through (15) of section 405(a), as determined by the
President.
(B) Commensurate actions.--Commensurate action in
substitution for any action described in subparagraph
(A).
(2) Substitution of binding agreements.--
(A) In general.--In lieu of carrying out action
under paragraph (1), the President may conclude a
binding agreement with the respective foreign
government as described in section 405(c). The
existence of a binding agreement under this paragraph
with a foreign government may be considered by the
President before making any determination or taking any
action under this title.
(B) Statutory construction.--Nothing in this
paragraph may be construed to authorize the entry of
the United States into an agreement covering matters
outside the scope of violations of women's rights.
(3) Authority for delay of presidential actions.--If, on or
before the date that the President is required (but for this
paragraph) to take action under paragraph (1), the President
determines and certifies to the Congress that a single,
additional period of time not to exceed 90 days is necessary--
(A) for a continuation of negotiations that have
been commenced with the government of that country to
bring about a cessation of the violations by the
foreign country,
(B) for a continuation of multilateral negotiations
into which the United States has entered to bring about
a cessation of the violations by the foreign country,
or
(C)(i) for a review of corrective action taken by
the foreign country after designation of that country
as a country of particular concern, or
(ii) in anticipation that corrective action will be
taken by the foreign country during that additional
period of time,
then the President shall not be required to take action until
the expiration of that additional period of time.
(4) Exception for ongoing presidential action under this
act.--The President shall not be required to take action under
this subsection in the case of a country of particular concern
for women's rights, if, with respect to that country--
(A) the President has taken action pursuant to this
Act in a preceding year;
(B) such action is in effect at the time the
country is designated as a country of particular
concern for women's rights under this section; and
(C) the President reports to the Congress the
information described in paragraphs (1), (2), (3), and
(4) of section 404(a) regarding the actions in effect
with respect to that country.
(5) Exception for ongoing multiple broad-based sanctions in
response to human rights violations.--If, at the time the
President determines a country to be a country of particular
concern for women's rights, that country is already subject to
multiple, broad-based sanctions imposed in significant part in
response to human rights abuses, and such sanctions are
ongoing, the President may determine that one or more of these
sanctions also satisfies the requirements of this subsection.
In the report to the Congress under section 404(a), and, as
applicable, in the information published under section 408, the
President shall designate the specific sanction or sanctions
which the President determines satisfy the requirements of this
subsection. The sanctions so designated shall remain in effect
as provided in section 409.
(d) Statutory Construction.--A determination under this Act, or any
amendment made by this Act, that a foreign country has engaged in or
tolerated particularly severe violations of women's rights shall not be
construed to require the termination of assistance or other activities
with respect to that country under any other provision of law,
including section 116 or 502B of the Foreign Assistance Act of 1961 (22
U.S.C. 2151n, 2304).
SEC. 403. CONSULTATIONS.
(a) In General.--As soon as practicable after the President decides
under section 401 to take an action under any of paragraphs (9) through
(15) of section 405(a) (or commensurate action in substitution
therefor) with respect to a country in response to violations of
women's rights, or not later than 90 days after the President
designates a country as a country of particular concern for women's
rights under section 402, as the case may be, the President shall carry
out the consultations required in this section.
(b) Duty To Consult With Foreign Governments Before Taking
Presidential Actions.--
(1) In general.--The President shall--
(A) request consultation with the government of the
country concerned regarding the violations giving rise
to the designation of that country as a country of
particular concern for women's rights, or to
Presidential action under section 401, as the case may
be; and
(B) if agreed to, enter into such consultations,
privately or publicly.
(2) Use of multilateral fora.--If the President determines
it to be appropriate, consultations under paragraph (1) may be
sought and may occur in a multilateral forum, but, in any
event, the President shall consult with appropriate foreign
governments for the purposes of achieving a coordinated
international policy on actions that may be taken with respect
to a country described in subsection (a), before implementing
any such action.
(3) Election of nondisclosure of negotiations to public.--
If negotiations are undertaken or an agreement is concluded
with a foreign government regarding steps to cease the pattern
of violations by that government, and if public disclosure of
such negotiations or agreement would jeopardize the
negotiations or the implementation of such agreement, as the
case may be, the President may refrain from disclosing such
negotiations and such agreement to the public, except that the
President shall inform the appropriate congressional committees
of the nature and extent of such negotiations and any agreement
reached.
(c) Duty To Consult With Humanitarian Organizations.--The President
should consult with appropriate humanitarian and human rights
organizations concerning the potential impact of United States policies
to promote women's rights in countries described in subsection (a).
(d) Duty To Consult With United States Interested Parties.--The
President shall, as appropriate, consult with interested parties in the
United States, including the Commission on International Women's
Rights, with respect to the potential impact of intended Presidential
action or actions in countries described in subsection (a) on economic
or other interests of the United States.
SEC. 404. REPORT TO CONGRESS.
(a) In General.--Subject to subsection (b), not later than 90 days
after the President decides under section 401 to take action under
paragraphs (9) through (15) of section 405(a) (or commensurate action
in substitution therefor) with respect to a country, in response to
violations of women's rights by that country, or not later than 90 days
after the President designates a country as a country of particular
concern for women's rights under section 402, as the case may be, the
President shall submit a report to the Congress containing the
following:
(1) Identification of presidential actions.--An
identification of the action or actions described in paragraphs
(9) through (15) of section 405(a) (or commensurate action in
substitution therefor) to be taken with respect to the foreign
country.
(2) Description of violations.--A description of the
violations giving rise to the action or actions to be taken.
(3) Purpose of presidential actions.--A description of the
purpose of the action or actions.
(4) Evaluation.--
(A) Description.--An evaluation, in consultation
with the Secretary of State, the Ambassador at Large,
the Commission, the Special Adviser, the parties
described in subsections (c) and (d) of section 403,
and whomever else the President deems appropriate, of
the effects of the action or actions on--
(i) the government of the foreign country;
(ii) the population of the country; and
(iii) the United States economy and other
interested parties.
(B) Authority to withhold disclosure.--The
President may withhold part or all of such evaluation
from the public but shall provide the evaluation to the
Congress in its entirety.
(5) Statement of policy options.--A statement that
noneconomic policy options designed to bring about cessation of
the violations of women's rights have reasonably been
exhausted, including the consultations required in section 403.
(6) Description of multilateral negotiations.--A
description of multilateral negotiations sought or carried out,
if appropriate and applicable.
(b) Delay in Transmittal of Report.--If, on or before the date that
the President is required (but for this subsection) to submit a report
under subsection (a) to the Congress, the President determines and
certifies to the Congress, under section 401(b)(3) or 402(c)(3), that a
single, additional period of time not to exceed 90 days is necessary,
then the President shall not be required to submit the report to the
Congress until the expiration of that additional period of time.
SEC. 405. DESCRIPTION OF PRESIDENTIAL ACTIONS.
(a) Description of Presidential Actions.--Except as provided in
subsection (d), the Presidential actions referred to in this subsection
are the following:
(1) A private demarche.
(2) An official public demarche.
(3) A public condemnation.
(4) A public condemnation within one or more multilateral
fora.
(5) The delay or cancellation of one or more scientific
exchanges.
(6) The delay or cancellation of one or more cultural
exchanges.
(7) The denial of one or more working, official, or state
visits.
(8) The delay or cancellation of one or more working,
official, or state visits.
(9) The withdrawal, limitation, or suspension of United
States development assistance in accordance with section 116 of
the Foreign Assistance Act of 1961.
(10) Directing the Export-Import Bank of the United States,
the Overseas Private Investment Corporation, or the Trade and
Development Agency not to approve the issuance of any (or a
specified number of) guarantees, insurance, extensions of
credit, or participations in the extension of credit with
respect to the specific government, agency, instrumentality, or
official found or determined by the President to be responsible
for the violations under section 401 or 402.
(11) The withdrawal, limitation, or suspension of United
States security assistance in accordance with section 502B of
the Foreign Assistance Act of 1961.
(12) Consistent with section 701 of the International
Financial Institutions Act, directing the United States
executive directors of international financial institutions to
oppose and vote against loans primarily benefitting the
specific foreign government, agency, instrumentality, or
official found or determined by the President to be responsible
for the violations under section 401 or 402.
(13) Ordering the heads of the appropriate United States
agencies not to issue any (or a specified number of) specific
licenses, and not to grant any other specific authority (or a
specified number of authorities), to export any goods or
technology to the specific foreign government, agency,
instrumentality, or official found or determined by the
President to be responsible for the violations under section
401 or 402, under--
(A) the Export Administration Act of 1979 (as
continued in effect under the International Emergency
Economic Powers Act);
(B) the Arms Export Control Act;
(C) the Atomic Energy Act of 1954; or
(D) any other statute that requires the prior
review and approval of the United States Government as
a condition for the export or reexport of goods or
services.
(14) Prohibiting any United States financial institution
from making loans or providing credits totaling more than
$10,000,000 in any 12-month period to the specific foreign
government, agency, instrumentality, or official found or
determined by the President to be responsible for the
violations under section 401 or 402.
(15) Prohibiting the United States Government from
procuring, or entering into any contract for the procurement
of, any goods or services from the foreign government, agency,
instrumentality, or official found or determined by the
President to be responsible for the violations under section
401 or 402.
(b) Commensurate Action.--Except as provided in subsection (d), the
President may substitute any other action authorized by law for any
action described in paragraphs (1) through (15) of subsection (a) if
such action is commensurate in effect to the action substituted and if
the action would further the policy of the United States set forth in
section 2(b) of this Act. The President shall seek to take all
appropriate and feasible actions authorized by law to obtain the
cessation of the violations. If commensurate action is taken, the
President shall report such action, together with an explanation for
taking such action, to the appropriate congressional committees.
(c) Binding Agreements.--The President may negotiate and enter into
a binding agreement with a foreign government against which sanctions
would otherwise be imposed that obligates that government to cease, or
take substantial steps to address and phase out, the act, policy, or
practice constituting the violation or violations of women's rights.
The entry into force of a binding agreement for the cessation of the
violations shall be a primary objective for the President in responding
to a foreign government that has engaged in or tolerated particularly
severe violations of women's rights.
(d) Exceptions.--Any action taken pursuant to subsection (a) or (b)
may not prohibit or restrict the provision of medicine, medical
equipment or supplies, food, or other humanitarian assistance.
SEC. 406. EFFECTS ON EXISTING CONTRACTS.
The President shall not be required to apply or maintain any
Presidential action under this subtitle--
(1) in the case of procurement of defense articles or
defense services--
(A) under existing contracts or subcontracts,
including the exercise of options for production
quantities, to satisfy requirements essential to the
national security of the United States;
(B) if the President determines in writing and so
reports to the Congress that the person or other entity
to which the Presidential action would otherwise be
applied is a sole source supplier of the defense
articles or services, that the defense articles or
services are essential, and that alternative sources
are not readily or reasonably available; or
(C) if the President determines in writing and so
reports to the Congress that such articles or services
are essential to the national security under defense
coproduction agreements; or
(2) to products or services provided under contracts
entered into before the date on which the President publishes
his intention to take the Presidential action.
SEC. 407. PRESIDENTIAL WAIVER.
(a) In General.--Subject to subsection (b), the President may waive
the application of any of the actions described in paragraphs (9)
through (15) of section 405(a) (or commensurate action in substitution
therefor) with respect to a country, if the President determines and so
reports to the appropriate congressional committees that--
(1) the government of that country has ceased the
violations giving rise to the Presidential action;
(2) the exercise of such waiver authority would further the
purposes of this Act; or
(3) the important national interest of the United States
requires the exercise of such waiver authority.
(b) Congressional Notification.--Not later than the date of the
exercise of a waiver under subsection (a), the President shall notify
the appropriate congressional committees of the waiver or the intention
to exercise the waiver, together with a detailed justification
therefor.
SEC. 408. PUBLICATION IN FEDERAL REGISTER.
(a) In General.--Subject to subsection (b), the President shall
cause to be published in the Federal Register the following:
(1) Determinations of governments, officials, and entities
of particular concern.--Any designation of a country of
particular concern for women's rights under section 402(b)(1),
together with, when applicable and to the extent practicable,
the identities of the officials or entities determined to be
responsible for the violations under section 402(b)(2).
(2) Presidential actions.--A description of any
Presidential action under paragraphs (9) through (15) of
section 405(a) (or commensurate action in substitution
therefor) and the effective date of the Presidential action.
(3) Delays in transmittal of presidential action reports.--
Any delay in transmittal of a Presidential action report, as
described in section 404(b).
(4) Waivers.--Any waiver under section 407.
(b) Limited Disclosure of Information.--The President may limit
publication of information under this section in the same manner and to
the same extent as the President may limit the publication of findings
and determinations described in section 654(c) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2414(c)), if the President determines
that the publication of information under this section--
(1) would be harmful to the national security of the United
States; or
(2) would not further the purposes of this Act.
SEC. 409. TERMINATION OF PRESIDENTIAL ACTIONS.
Any Presidential action taken under this Act with respect to a
foreign country shall terminate on the earlier of the following dates:
(1) Termination date.--The date that is 2 years after the
effective date of the Presidential action, unless expressly
reauthorized by law.
(2) Foreign government actions.--The date on which the
President determines, in consultation with the Commission, and
certifies to the Congress that the government of the foreign
country has ceased or taken substantial and verifiable steps to
cease the particularly severe violations of women's rights.
SEC. 410. PRECLUSION OF JUDICIAL REVIEW.
No court shall have jurisdiction to review any Presidential
determination or agency action under this Act or any amendment made by
this Act.
Subtitle B--Strengthening Existing Law
SEC. 421. UNITED STATES ASSISTANCE.
(a) Implementation of Prohibition on Economic Assistance.--Section
116(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(c)) is
amended--
(1) in the matter preceding paragraph (1), by inserting
``and the Ambassador at Large for International Women's
Rights'' after ``Religious Freedom'';
(2) by striking ``and'' at the end of paragraph (2);
(3) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(4) by adding at the end the following new paragraph:
``(4) whether the government--
``(A) has engaged in or tolerated particularly
severe violations of women's rights, as defined in
section 3 of the International Women's Freedom Act of
2013; or
``(B) has failed to undertake serious and sustained
efforts to combat particularly severe violations of
women's rights (as defined in section 3 of the
International Women's Freedom Act of 2013), when such
efforts could have been reasonably undertaken.''.
(b) Implementation of Prohibition on Military Assistance.--Section
502B(a)(4) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(a)(4))
is amended--
(1) by striking ``(A)'' and inserting ``(A)(i)'';
(2) by striking ``(B)'' and inserting ``(ii)'';
(3) by striking the period at the end and inserting ``;
or''; and
(4) by adding at the end the following:
``(B)(i) has engaged in or tolerated particularly severe
violations of women's rights, as defined in section 3 of the
International Women's Freedom Act of 2013; or
``(ii) has failed to undertake serious and sustained
efforts to combat particularly severe violations of women's
rights when such efforts could have been reasonably
undertaken.''.
SEC. 422. MULTILATERAL ASSISTANCE.
Section 701 of the International Financial Institutions Act (22
U.S.C. 262d) is amended--
(1) by redesignating the second subsection (g) as
subsection (h); and
(2) by adding at the end the following new subsection:
``(i) In determining whether the government of a country engages in
a pattern of gross violations of internationally recognized human
rights, as described in subsection (a), the President shall give
particular consideration to whether a foreign government--
``(1) has engaged in or tolerated particularly severe
violations of women's rights, as defined in section 3 of the
International Women's Freedom Act of 2013; or
``(2) has failed to undertake serious and sustained efforts
to combat particularly severe violations of women's rights when
such efforts could have been reasonably undertaken.''.
SEC. 423. EXPORTS OF CERTAIN ITEMS USED IN PARTICULARLY SEVERE
VIOLATIONS OF WOMEN'S RIGHTS.
(a) Mandatory Licensing.--Notwithstanding any other provision of
law, the Secretary of Commerce, with the concurrence of the Secretary
of State, shall include on the list of crime control and detection
instruments or equipment controlled for export and reexport under
section 6(n) of the Export Administration Act of 1979 (50 U.S.C. App.
2405(n)) (as continued in effect under the International Emergency
Economic Powers Act), or under any other provision of law, items being
exported or reexported to countries of particular concern for women's
rights that the Secretary of Commerce, with the concurrence of the
Secretary of State, and in consultation with appropriate officials
including the Under Secretary of State for Democracy and Global
Affairs, the Assistant Secretary of State for Democracy, Human Rights,
and Labor, and the Ambassador at Large, determines are being used or
are intended for use directly and in significant measure to carry out
particularly severe violations of women's rights.
(b) Licensing Ban.--The prohibition on the issuance of a license
for export of crime control and detection instruments or equipment
under section 502B(a)(2) of the Foreign Assistance Act of 1961 (22
U.S.C. 2304(a)(2)) shall apply to the export and reexport of any item
included under subsection (a) on the list of crime control instruments.
TITLE V--PROMOTION OF WOMEN'S RIGHTS
SEC. 501. ASSISTANCE FOR PROMOTING WOMEN'S RIGHTS.
(a) Findings.--Congress makes the following findings:
(1) In many countries where severe violations of women's
rights occur, there is insufficient statutory legal protection
for women, a lack of enforcement of the law, or insufficient
cultural and social understanding of international norms of
women's rights.
(2) Accordingly, in the provision of foreign assistance,
the United States should make a priority of promoting and
developing legal protections and enforcement, as well as
cultural respect for women's rights.
(b) Allocation of Funds for Increased Promotion of Women's
Rights.--Section 116(e) of the Foreign Assistance Act of 1961 (22
U.S.C. 2151n(e)) is amended by inserting ``and the rights of women''
after ``free religious belief and practice''.
SEC. 502. INTERNATIONAL BROADCASTING.
Section 303(a)(8) of the United States International Broadcasting
Act of 1994 (22 U.S.C. 6202(a)(8)) is amended by inserting ``and
women's rights'' after ``religion''.
SEC. 503. INTERNATIONAL EXCHANGES.
Section 102(b) of the Mutual Educational and Cultural Exchange Act
of 1961 (22 U.S.C. 2452(b)) is amended--
(1) by striking ``and'' after paragraph (11);
(2) by striking the period at the end of paragraph (12) and
inserting ``; and''; and
(3) by adding at the end the following:
``(13) promoting respect for and guarantees of women's
rights abroad by interchanges and visits between the United
States and other nations of leaders, scholars, and legal
experts in the field of women's rights.''.
SEC. 504. FOREIGN SERVICE AWARDS.
(a) Performance Pay.--Section 405(d) of the Foreign Service Act of
1980 (22 U.S.C. 3965(d)) is amended in the second sentence by inserting
``and women's rights'' after ``freedom of religion''.
(b) Foreign Service Awards.--Section 614 of the Foreign Service Act
of 1980 (22 U.S.C. 4013) is amended in the last sentence by inserting
``and women's rights,'' after ``freedom of religion''.
TITLE VI--REFUGEE, ASYLUM, AND CONSULAR MATTERS
SEC. 601. USE OF ANNUAL REPORT.
The Annual Report, together with other relevant documentation,
shall serve as a resource for immigration judges and consular, refugee,
and asylum officers in cases involving claims of mistreatment on the
grounds of gender. Absence of reference by the Annual Report to
conditions described by the alien shall not constitute the sole grounds
for a denial of the alien's claim.
SEC. 602. REFUGEE TRAINING.
(a) Training for Foreign Service Officers.--Section 708(b) of the
Foreign Service Act of 1980 (22 U.S.C. 4028(b)) is amended by striking
``and on religious persecution'' and inserting ``, on religious
persecution, and on gender-based discrimination''.
(b) Consultation With Congress Concerning Admissions of Refugees.--
(1) In general.--Section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157) is amended--
(A) in subsection (d)(1), in the first sentence, by
inserting ``, information relating to gender-based
discrimination against such refugees in their countries
of nationality or last habitual residence,'' after
``resettlement during the fiscal year'';
(B) in subsection (e)--
(i) in the matter preceding paragraph (1),
by inserting ``the Secretary of State and''
before ``designated'';
(ii) by redesignating paragraph (7) as
paragraph (8); and
(iii) by inserting after paragraph (6) the
following new paragraph:
``(7) A description of any gender-based discrimination
experienced by such refugees in their countries of nationality
or last habitual residence.''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect beginning with the first fiscal year that
begins after the date of the enactment of this Act.
(c) Guidelines and Training for Officials Adjudicating Refugee
Cases.--
(1) In general.--Such section is further amended--
(A) in subsection (f), by adding at the end the
following new paragraph:
``(3) The Secretary of Homeland Security, in consultation with the
Secretary of State, shall develop and implement training guidelines
related to nondiscrimination in the adjudication of such cases as a
result of the gender, race, religion, nationality, membership in a
particular social group, or political opinion of the alien applying to
be admitted as a refugee under this section. Such training guidelines
shall be culturally sensitive and shall provide the officials subject
to such training with the tools to provide a nonbiased and
nonadversarial atmosphere for the purpose of adjudicating such
cases.''; and
(B) by adding at the end the following new
subsection:
``(g)(1) The Secretary of Homeland Security, in consultation with
the Secretary of State, shall promulgate regulations to ensure--
``(A) uniform procedures for the establishment of
agreements between the United States Government and designated
entities and personnel responsible for the preparation of
refugee case files for use in refugee adjudications; and
``(B) uniform procedures regarding the preparation of such
files by such entities and personnel.
``(2) Such regulations shall ensure that--
``(A) such files accurately reflect the information
provided by the alien seeking admission as a refugee under this
section; and
``(B) such aliens are not disadvantaged or denied such
admission as a result of faulty case file preparation.''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect and apply with respect to aliens seeking
admission as refugees under section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157) beginning with the first fiscal
year that begins after the date of the enactment of this Act.
SEC. 603. REFORM OF ASYLUM POLICY.
(a) Language Translation Services.--
(1) In general.--Section 208(d) of the Immigration and
Nationality Act (8 U.S.C. 1158(d)) is amended by adding at the
end the following new paragraph:
``(8) Language translation services.--
``(A) In general.--The Secretary of Homeland
Security, in consultation with the Secretary of State,
shall promulgate regulations that provide that the
United States does not use the language translation
services of an individual who demonstrates a bias or
potential bias on the grounds of gender, race,
religion, nationality, membership in a particular
social group, or political opinion in connection with
the giving of testimony by an alien before the trier of
fact under subsection (b)(1)(B) or an asylum officer
under section 235(b)(1)(B).
``(B) Prohibition on assistance by certain
individuals.--The Secretary of Homeland Security, in
consultation with the Secretary of State, shall
promulgate regulations to provide that the United
States does not use the language translation services
of an individual who is an interpreter for or other
employee of an airline owned by a country the
government of which the Secretary of Homeland Security,
in consultation with the Secretary of State, has
determined has engaged in persecution on the grounds of
gender, race, religion, nationality, membership in a
particular social group, or political opinion in
connection with the giving of testimony by an alien
before the trier of fact under subsection (b)(1)(B) or
an asylum officer under section 235(b)(1)(B).''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to the use of language translation services after
the date of the enactment of this Act.
(b) Training for Officials.--Section 208 of the Immigration and
Nationality Act (8 U.S.C. 1158) is amended by adding at the end the
following new subsection:
``(f) Training for Officials.--In addition to the training that is
provided to officers adjudicating asylum cases under this section and
asylum officers under section 235(b)(1)(E), the Secretary of Homeland
Security, in consultation with the Secretary of State, the Ambassador
at Large for International Women's Rights of the Department of State,
the Director of the George P. Shultz National Foreign Affairs Training
Center (commonly referred to as the `Foreign Service Institute'), and
other appropriate officials, shall provide to such officers training
relating to the nature of gender-based discrimination in foreign
countries (including country-specific conditions), instruction
concerning internationally recognized women's rights, and information
regarding state sponsored and non-state sponsored applicable
distinctions in a foreign country between the treatment of men and
women.''.
(c) Training for Immigration Judges Conducting Proceedings for
Deciding the Inadmissibility or Deportability of an Alien.--Section 240
of the Immigration and Nationality Act (8 U.S.C. 1229a) is amended by
adding at the end the following new subsection:
``(f) Training for Immigration Judges Conducting Proceedings for
Deciding the Inadmissibility or Deportability of an Alien.--The
Attorney General shall provide to immigration judges training related
to the nature of gender-based discrimination in foreign countries
(including country-specific conditions), instruction concerning
internationally recognized women's rights, and information regarding
state sponsored and non-state sponsored distinctions in a foreign
country between the treatment of men and women.''.
SEC. 604. INADMISSIBILITY OF FOREIGN GOVERNMENT OFFICIALS WHO HAVE
ENGAGED IN PARTICULARLY SEVERE VIOLATIONS OF WOMEN'S
RIGHTS.
(a) Ineligibility for Visas and Admission to the United States.--
Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(2)) is amended by adding at the end the following new
subparagraph:
``(J) Foreign government officials who have engaged
in particularly severe violations of women's rights.--
Any alien who, while serving as a foreign government
official, was responsible for or directly carried out,
at any time during the preceding 24-month period,
particularly severe violations of women's rights, as
defined in section 3 of the International Women's
Freedom Act of 2013, and the spouse, son, or daughter,
if any, of such official, is inadmissible.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to determinations of admissibility made on or after the date of
the enactment of this Act.
SEC. 605. STUDY ON THE EFFECT OF EXPEDITED REMOVAL PROVISIONS ON ASYLUM
CLAIMS.
(a) Study.--
(1) Comptroller general.--The Comptroller General of the
United States shall conduct a study alone or, upon request by
the Commission under paragraph (2), in cooperation with experts
invited by the Commission, to determine whether immigration
officers (including asylum officers (as defined in section
235(b)(1)(E) of the Immigration and Nationality Act (8 U.S.C.
1225(b)(1)(E)))) performing duties under section 235(b) of such
Act with respect to aliens who may be eligible for asylum are
engaging in any of the following conduct:
(A) Failing to inform an alien of the right to seek
protection in the United States if (s)he has any reason
to fear persecution in his or her home country.
(B) Encouraging aliens expressing a fear of gender-
based persecution to withdraw their applications for
admission.
(C) Determining aliens are ineligible for asylum
before referring such aliens for an interview by an
asylum officer for a determination of whether they have
a credible fear of persecution (within the meaning of
section 235(b)(1)(B)(v) of such Act).
(D) Incorrectly failing to keep complete records of
a decision to enforce expedited removal and an alien's
reasons for the withdrawal of an asylum application.
(E) Improperly using detention as a deterrent to an
alien's pursuing an asylum claim.
(F) Improperly detaining asylum seekers who
establish a credible fear, identity, community ties,
and who do not pose a security risk.
(G) Improperly detaining asylum seekers in jail-
like facilities where staff is not given specific
training on the special needs of asylum seekers.
(2) Commission request for participation by experts on
refugee and asylum issues.--The Commission may invite experts
who are recognized for their expertise and knowledge of refugee
and asylum issues to cooperate with the Comptroller General in
carrying out paragraph (1).
(b) Reports.--
(1) Comptroller general.--Not later than one year after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to the Committee on the
Judiciary of the House of Representatives, the Committee on the
Judiciary of the Senate, the Committee on Foreign Affairs of
the House of Representatives, and the Committee on Foreign
Relations of the Senate a report containing the findings of the
study conducted under subsection (a). If the experts referred
to in such subsection were involved in conducting such study,
the Comptroller General shall allow such experts to include in
the report a section setting forth their views and conclusions.
(2) Experts.--In the case of a Commission request under
subsection (a)(2), the experts invited by the Commission under
such subsection may submit a report to the committees described
in paragraph (1). Such report may be submitted with the
Comptroller General's report under paragraph (1) or
independently.
(c) Access to Proceedings.--
(1) In general.--Except as provided in paragraph (2), to
facilitate the completion of the duties described in this
section, the Comptroller General and the experts, if any,
referred to in subsection (a)(2) shall have unrestricted access
to all stages of all inspections of aliens for admission under
section 235(b) of the Immigration and Nationality Act (8 U.S.C.
1225(b)).
(2) Exception.--Paragraph (1) shall not apply with respect
to the inspection if--
(A) the alien concerned objects to such access; or
(B) the Secretary of Homeland Security determines
that the security of a particular proceeding would be
threatened by such access, so long as any restrictions
on the access of experts invited by the Commission
under subsection (a)(2) do not contravene international
law.
TITLE VII--MISCELLANEOUS PROVISIONS
SEC. 701. BUSINESS CODES OF CONDUCT.
(a) Congressional Finding.--The Congress recognizes the increasing
importance of transnational corporations as global actors, and their
potential for providing positive leadership in their host countries in
the area of human rights.
(b) Sense of the Congress.--It is the sense of the Congress that
transnational corporations operating overseas, particularly those
corporations operating in countries the governments of which have
engaged in or tolerated violations of women's rights, as identified in
the Annual Report, should adopt codes of conduct--
(1) upholding the rights of their female employees; and
(2) ensuring that a worker's gender shall in no way affect,
or be allowed to affect, the status or terms of his or her
employment.
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