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Title II — Commission on International Women’s Rights

H.R. 2947 · 113th Congress · Aug 1, 2013 · Lineage

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.