[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2937 Placed on Calendar Senate (PCS)]

<DOC>





                                                       Calendar No. 468
114th CONGRESS
  2d Session
                                S. 2937

To authorize appropriations for the Department of State for fiscal year 
                     2017, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 17, 2016

   Mr. Corker, from the Committee on Foreign Relations, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL


 
To authorize appropriations for the Department of State for fiscal year 
                     2017, 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 ``Department of 
State Authorization Act, Fiscal Year 2017''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                  TITLE I--INTERNATIONAL ORGANIZATIONS

Sec. 101. Oversight of and accountability for peacekeeper abuses.
Sec. 102. Designation and reporting.
Sec. 103. Withholding of assistance.
Sec. 104. Report on Federal Government contributions to the United 
                            Nations.
Sec. 105. Reimbursement or application of credits.
Sec. 106. Reimbursement of contributing countries.
Sec. 107. United Nations peacekeeping assessment formula.
Sec. 108. Strategic Heritage Plan.
Sec. 109. Whistleblower protections.
Sec. 110. United Nations Human Rights Council.
Sec. 111. Comparative report on peacekeeping operations.
Sec. 112. Addressing misconduct in United Nations peacekeeping 
                            missions.
Sec. 113. Whistleblower protections for United Nations personnel.
             TITLE II--PERSONNEL AND ORGANIZATIONAL ISSUES

Sec. 201. Market data for cost-of-living adjustments.
Sec. 202. Overseas housing.
Sec. 203. Locally-employed staff wages.
Sec. 204. Expansion of civil service opportunities.
Sec. 205. Promotion to the Senior Foreign Service.
Sec. 206. Lateral entry into the Foreign Service.
Sec. 207. Reemployment of annuitants.
Sec. 208. Codification of enhanced consular immunities.
Sec. 209. Accountability review board recommendations related to 
                            unsatisfactory leadership.
Sec. 210. Personal services contractors.
Sec. 211. Technical amendment to Federal Workforce Flexibility Act.
Sec. 212. Training support services.
Sec. 213. Limited appointments in the Foreign Service.
Sec. 214. Home leave amendment.
Sec. 215. Foreign Service workforce study.
Sec. 216. Report on diversity recruitment, employment, retention, and 
                            promotion.
Sec. 217. Foreign relations exchange programs.
                    TITLE III--CONSULAR AUTHORITIES

Sec. 301. Information on passports, expedited passports, and visas 
                            issued by consular affairs.
Sec. 302. Consular fee restructuring.
Sec. 303. Protections for foreign employees of diplomatic missions and 
                            international organizations.
Sec. 304. Border crossing fee for minors.
Sec. 305. Signed photograph requirement for visa applications.
Sec. 306. Electronic transmission of domestic violence information to 
                            visa applicants.
Sec. 307. Amerasian immigration.
Sec. 308. Technical amendment to the Immigration and Nationality Act.
                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Reports on embassy construction and security upgrade 
                            projects.
Sec. 402. United States human rights dialogue review.
Sec. 403. Sense of Congress on foreign cybersecurity threats.
Sec. 404. Repeal of obsolete reports.
Sec. 405. Sense of the Senate regarding the release of internationally 
                            adopted children from the Democratic 
                            Republic of Congo.
Sec. 406. Communication with governments of countries designated as 
                            Tier 2 Watch List countries on the 
                            Trafficking in Persons Report.
Sec. 407. Defense trade controls registration fees.
Sec. 408. Authority to issue administrative subpoenas.
Sec. 409. Extension of period for reimbursement of seized commercial 
                            fishermen.
Sec. 410. Special agents.
Sec. 411. Enhanced Department of State authority for uniformed guards.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations of the 
                Senate;
                    (B) the Committee on Appropriations of the Senate;
                    (C) the Committee on Foreign Affairs of the House 
                of Representatives; and
                    (D) the Committee on Appropriations of the House of 
                Representatives.
            (2) Capital master plan.--The term ``Capital Master Plan'' 
        means the capital construction project at the United Nations 
        Headquarters in New York City for which funding was approved by 
        the United Nations General Assembly on December 22, 2006 (A/
        RES/61/251).
            (3) Consular affairs.--The term ``Consular Affairs'' means 
        the Bureau of Consular Affairs of the Department of State.
            (4) Department.--Unless otherwise specified, the term 
        ``Department'' means the Department of State.
            (5) Foreign service.--The term ``Foreign Service'' has the 
        meaning given the term in section 102 of the Foreign Service 
        Act of 1980 (22 U.S.C. 3902).
            (6) Global affairs bureaus.--The term ``global affairs 
        bureaus'' means the following bureaus of the Department:
                    (A) Bureaus reporting to the Under Secretary for 
                Economic Growth, Energy, and the Environment.
                    (B) Bureaus reporting to the Under Secretary for 
                Arms Control and International Security.
                    (C) Bureaus reporting to the Under Secretary for 
                Public Diplomacy and Public Affairs.
                    (D) Bureaus reporting to the Under Secretary for 
                Civilian Security, Democracy, and Human Rights.
                    (E) The Bureau of International Organization 
                Affairs.
            (7) Global affairs position.--The term ``global affairs 
        position'' means any position funded with amounts appropriated 
        to the Department under the heading ``Diplomatic Policy and 
        Support''.
            (8) Inspector general.--Unless otherwise specified, the 
        term ``Inspector General'' means the Office of Inspector 
        General of the Department of State.
            (9) Peacekeeping abuse country of concern.--The term 
        ``peacekeeping abuse country of concern'' means a country so 
        designated by the Secretary pursuant to section 102(a).
            (10) Peacekeeping credits.--The term ``peacekeeping 
        credits'' means the amounts by which United States assessed 
        peacekeeping contributions exceed actual expenditures, 
        apportioned to the United States, of peacekeeping operations by 
        the United Nations during a United Nations peacekeeping fiscal 
        year.
            (11) Secretary.--Unless otherwise specified, the term 
        ``Secretary'' means the Secretary of State.
            (12) Strategic heritage plan.--The term ``Strategic 
        Heritage Plan'' means the capital construction project at the 
        United Nations' Palais des Nations building complex in Geneva, 
        Switzerland, as discussed in the Secretary-General's ``Second 
        annual progress report on the strategic heritage plan of the 
        United Nations Office at Geneva'' (A/70/394), which was 
        published on September 25, 2015.

                  TITLE I--INTERNATIONAL ORGANIZATIONS

SEC. 101. OVERSIGHT OF AND ACCOUNTABILITY FOR PEACEKEEPER ABUSES.

    (a) Strategy to Ensure Reform and Accountability.--Not later than 
180 days after the date of the enactment of this Act, the Secretary 
shall submit, in unclassified form, to the appropriate congressional 
committees--
            (1) a United States strategy for combating sexual 
        exploitation and abuse in United Nations peacekeeping 
        operations; and
            (2) an implementation plan for achieving the objectives set 
        forth in the strategy described in paragraph (1).
    (b) Objectives.--The objectives of the strategy required under 
subsection (a) shall be--
            (1) to ensure the introduction of improved training, 
        oversight, and accountability mechanisms for United Nations 
        peacekeeping operations and the personnel involved with such 
        operations;
            (2) to dramatically reduce the incidence of sexual 
        exploitation and abuse committed by personnel assigned to 
        United Nations peacekeeping operations;
            (3) to ensure swift justice for any such personnel who are 
        found to have committed sexual exploitation or abuse; and
            (4) to assist the United Nations and troop- or police-
        contributing countries to improve their ability to prevent, 
        identify, and prosecute sexual exploitation or abuse by 
        personnel involved in peacekeeping operations.
    (c) Elements.--The strategy required under subsection (a) shall 
include the following elements and objectives:
            (1) The United States shall use its vote and influence at 
        the United Nations to seek--
                    (A) the establishment of onsite courts-martial, as 
                appropriate, for the prosecution of crimes committed by 
                peacekeeping personnel, which is consistent with each 
                peacekeeping mission's status of forces agreement with 
                its host country;
                    (B) the creation of a United Nations Security 
                Council ombudsman office that--
                            (i) is authorized to conduct ongoing 
                        oversight of peacekeeping operations;
                            (ii) reports directly to the Security 
                        Council on--
                                    (I) offenses committed by 
                                peacekeeping personnel or United 
                                Nations civilian staff or volunteers; 
                                and
                                    (II) the actions taken in response 
                                to such offenses; and
                            (iii) provides reports to the Security 
                        Council on the conduct of personnel in each 
                        peacekeeping operation not less frequently than 
                        annually and before the expiration or renewal 
                        of the mandate of any such peacekeeping 
                        operation;
                    (C) guidance from the United Nations on the 
                establishment of a standing claims commission for each 
                peacekeeping operation--
                            (i) to address any grievances by a host 
                        country's civilian population against United 
                        Nations personnel in cases of alleged abuses by 
                        peacekeeping personnel; and
                            (ii) to provide means for the government of 
                        the country of which culpable United Nations 
                        peacekeeping or civilian personnel are 
                        nationals to compensate the victims of such 
                        crimes;
                    (D) the adoption of a United Nations policy that--
                            (i) establishes benchmarks for the 
                        identification of sexual exploitation or abuse; 
                        and
                            (ii) ensures proper training of 
                        peacekeeping personnel (including officers and 
                        senior civilian personnel) in recognizing and 
                        avoiding such offenses;
                    (E) the adoption of a United Nations policy that 
                bars troop- or police-contributing countries that fail 
                to fulfill their obligation to ensure good order and 
                discipline among their troops from providing any 
                further troops for peace operations or restricts 
                peacekeeper reimbursements to such countries until 
                training, institutional reform, and oversight 
                mechanisms have been put in place that are adequate to 
                prevent such problems from reoccurring; and
                    (F) appropriate risk reduction policies, including 
                refusal by the United Nations to deploy uniformed 
                personnel from any troop- or police-contributing 
                country that does not adequately--
                            (i) investigate allegations of sexual 
                        exploitation or abuse involving nationals of 
                        such country; and
                            (ii) ensure justice for those determined to 
                        have been responsible for such sexual 
                        exploitation or abuse.
            (2) The United States shall deny further United States 
        peacekeeper training or related assistance, except for training 
        specifically designed to reduce the incidence of sexual 
        exploitation or abuse, or to assist in its identification or 
        prosecution, to any troop- or police-contributing country that 
        does not--
                    (A) implement and maintain effective measures to 
                enhance the discovery of sexual exploitation and abuse 
                offenses committed by peacekeeping personnel who are 
                nationals of such country;
                    (B) adequately respond to complaints about such 
                offenses by carrying out swift and effective 
                disciplinary action against the personnel who are found 
                to have committed such offenses; and
                    (C) provide detailed reporting to the ombudsman 
                described in paragraph (1)(B) (or other appropriate 
                United Nations official) that describes the offenses 
                committed by its nationals and its responses to such 
                offenses.
            (3) The United States shall develop support mechanisms to 
        assist troop- or police-contributing countries--
                    (A) to improve their capacity to investigate 
                allegations of sexual exploitation and abuse offenses 
                committed by their nationals while participating in a 
                United Nations peacekeeping operation; and
                    (B) to appropriately hold accountable any 
                individual who commits an act of sexual exploitation or 
                abuse.
            (4) In coordination with the ombudsman described in 
        paragraph (1)(B) (or other appropriate United Nations 
        official), the Secretary shall identify, in the Department's 
        annual country reports on human rights practices, the countries 
        of origin of any peacekeeping personnel or units that--
                    (A) are characterized by noteworthy patterns of 
                sexual exploitation or abuse; or
                    (B) have failed to institute appropriate 
                institutional and procedural reforms after being made 
                aware of any such patterns.
    (d) Optional DNA Sampling.--The United States may encourage a 
troop- or police-contributing country--
            (1) to develop its own system to obtain and maintain DNA 
        samples, consistent with the laws of such country, from each 
        national of such country who is a member of a United Nations 
        military contingent or formed police unit; and
            (2) to make the DNA samples referred to in paragraph (1) 
        available to such country's investigators if there are credible 
        allegations of sexual exploitation or abuse involving nationals 
        described in paragraph (1).
    (e) Sense of Congress.--It is the sense of Congress that none of 
the DNA samples contained in the Armed Forces Repository of Specimen 
Samples for the Identification of Remains should be shared with the 
United Nations, a United Nations specialized agency, or a United 
Nations affiliated organization.

SEC. 102. DESIGNATION AND REPORTING.

    (a) Designation of Countries With Records of Peacekeeping Abuse.--
If credible information indicates that personnel from any United 
Nations peacekeeping troop- or police-contributing country have engaged 
in sexual exploitation or abuse and credible allegations of such 
misconduct indicate a pattern of significant and habitual sexual 
exploitation or abuse, the Secretary shall--
            (1) designate the country in question as a ``peacekeeping 
        abuse country of concern''; and
            (2) promptly notify the country in question of its 
        designation under this subsection.
    (b) Duration.--A designation under subsection (a)(1) shall remain 
in effect until the Secretary determines that--
            (1) the pattern of significant and habitual sexual 
        exploitation or abuse that led to such designation has ceased; 
        and
            (2) the country in question has taken appropriate steps--
                    (A) to prevent a pattern of significant and 
                habitual sexual exploitation or abuse in the future; 
                and
                    (B) to bring to justice the perpetrators of any 
                such sexual exploitation or abuse.
    (c) Public List.--The Secretary shall maintain a publicly-
accessible list of all countries that are designated as a peacekeeping 
abuse country of concern.
    (d) Information.--The Secretary shall promptly inform the 
appropriate congressional committees whenever the Secretary--
            (1) designates a country as a peacekeeping abuse country of 
        concern; or
            (2) determines that a country no longer qualifies as a 
        peacekeeping abuse country of concern as a result of meeting 
        the criteria set forth in subsection (b).
    (e) Credible Information.--In assessing whether credible 
information indicates a pattern of significant and habitual sexual 
exploitation or abuse, the Secretary should consider all credible 
information, including--
            (1) the contents of the annual United Nations Secretary 
        General's Bulletin entitled ``Special measures for protection 
        from sexual exploitation and sexual abuse'';
            (2) classified and unclassified information residing in 
        Federal Government databases or other relevant records;
            (3) open-source records, including media accounts and 
        information available on the Internet; and
            (4) information available from international organizations, 
        foreign governments, and civil society organizations.

SEC. 103. WITHHOLDING OF ASSISTANCE.

    (a) Statement of United States Policy.--It is the policy of the 
United States that assistance to security forces should not be provided 
to any unit of the security forces of a foreign country that has 
engaged in a gross violation of human rights or in acts of sexual 
exploitation or abuse, including while serving in a United Nations 
peacekeeping operation.
    (b) Clarification.--A gross violation of human rights referred to 
in section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d) 
shall include any gross violation of human rights committed by a unit 
serving in a United Nations peacekeeping operation.
    (c) Withholding of Assistance.--The Secretary is authorized--
            (1) to withhold any or all of the assistance to security 
        forces described in subsection (d) from any unit of the 
        security forces of a foreign country for which the Secretary 
        has determined that credible information exists that the unit 
        has engaged in acts of sexual exploitation or abuse, including 
        while serving on a United Nations peacekeeping operation; and
            (2) to continue to withhold such assistance until effective 
        steps have been taken--
                    (A) to investigate, identify, and punish such 
                exploitation or abuse; and
                    (B) to prevent similar incidents from occurring in 
                the future.
    (d) Assistance Specified.--The assistance to security forces 
described in this subsection is the assistance authorized under--
            (1) sections 481, 516, 524, and 541 of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2291, 2321j, 2344, and 2347);
            (2) chapter 6 of part II of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2348 et seq.); and
            (3) section 23 of the Arms Export Control Act (22 U.S.C. 
        2763).
    (e) Allocation of Withheld Funds.--If funding is withheld under 
subsection (c) or a country has been designated as a ``peacekeeping 
abuse country of concern'' under section 102(a)(1), the President may 
make such funds available to assist the foreign government to 
strengthen civilian and military mechanisms of accountability to bring 
the responsible members of the security forces to justice and to 
prevent future incidents provided that a notification is submitted to 
Congress in accordance with the procedures applicable to reprogramming 
notifications under section 34 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2706).
    (f) Notification.--If the Secretary withholds assistance to 
security forces from a unit of the security forces of a foreign country 
pursuant to subsection (c), the Secretary shall--
            (1) promptly notify the government of such country that 
        such unit is ineligible for certain military assistance from 
        the United States; and
            (2) provide written notification of such withholding to the 
        appropriate congressional committees not later than 10 days 
        after the Secretary has determined to withhold such assistance 
        or sales from such unit.

SEC. 104. REPORT ON FEDERAL GOVERNMENT CONTRIBUTIONS TO THE UNITED 
              NATIONS.

    (a) In General.--Section 4(c)(1) of the United Nations 
Participation Act of 1945 (22 U.S.C. 287b(c)) is amended--
            (1) by amending subparagraph (A) to read as follows:
                    ``(A) A description of all assistance from the 
                United States to the United Nations to support 
                peacekeeping operations that--
                            ``(i) was provided during the previous 
                        calendar year;
                            ``(ii) is expected to be provided during 
                        the current fiscal year; or
                            ``(iii) is included in the annual budget 
                        request to Congress for the budget year.'';
            (2) by amending subparagraph (D) to read as follows:
                    ``(D) For assessed or voluntary contributions 
                described in subparagraph (B)(iii) or (C)(iii) that 
                exceed $100,000 in value, including in-kind 
                contributions--
                            ``(i) the total amount or estimated value 
                        of all such contributions to the United Nations 
                        and to each of its affiliated agencies and 
                        related bodies;
                            ``(ii) the nature and estimated total value 
                        of all in-kind contributions in support of 
                        United Nations peacekeeping operations and 
                        other international peacekeeping operations, 
                        including--
                                    ``(I) logistics;
                                    ``(II) airlift;
                                    ``(III) arms and materiel;
                                    ``(IV) nonmilitary technology and 
                                equipment;
                                    ``(V) personnel; and
                                    ``(VI) training;
                            ``(iii) the approximate percentage of all 
                        such contributions to the United Nations and to 
                        each such agency or body when compared with all 
                        contributions to the United Nations and to each 
                        such agency or body from any source; and
                            ``(iv) for each such United States 
                        Government contribution to the United Nations 
                        and to each such agency or body--
                                    ``(I) the amount or value of the 
                                contribution;
                                    ``(II) a description of the 
                                contribution, including whether it is 
                                an assessed or voluntary contribution;
                                    ``(III) the purpose of the 
                                contribution;
                                    ``(IV) the department or agency of 
                                the United States Government 
                                responsible for the contribution; and
                                    ``(V) the United Nations or United 
                                Nations affiliated agency or related 
                                body that received the contribution.''; 
                                and
            (3) by adding at the end the following:
                    ``(E) The report required under this subsection 
                shall be submitted in unclassified form, but may 
                include a classified annex.''.
    (b) Public Availability of Information.--Not later than 14 days 
after submitting each report under section 4(c) of the United Nations 
Participation Act of 1945 (22 U.S.C. 287b(c)), the Director of the 
Office of Management and Budget shall post a text-based, searchable 
version of any unclassified information described in paragraph (1)(D) 
of such section on a publicly available website.

SEC. 105. REIMBURSEMENT OR APPLICATION OF CREDITS.

    Notwithstanding any other provision of law, the President shall 
direct the United States Permanent Representative to the United Nations 
to use the voice, vote, and influence of the United States at the 
United Nations to seek and timely obtain a commitment from the United 
Nations to make available to the United States any peacekeeping credits 
that are generated from a closed peacekeeping operation.

SEC. 106. REIMBURSEMENT OF CONTRIBUTING COUNTRIES.

    It is the policy of the United States that--
            (1) the present formula for determining the troop 
        reimbursement rate paid to troop- and police-contributing 
        countries for United Nations peacekeeping should be clearly 
        explained and made available to the public on the United 
        Nations Department of Peacekeeping Operations website;
            (2) regular audits of the nationally-determined pay and 
        benefits given to personnel from troop- and police-contributing 
        countries participating in United Nations peacekeeping 
        operations should be conducted to help inform the reimbursement 
        rate; and
            (3) the survey mechanism developed by the United Nations 
        Secretary-General's Senior Advisory Group on Peacekeeping 
        Operations for collecting troop- and police-contributing 
        country data on common and extraordinary expenses associated 
        with deploying personnel to peacekeeping missions should be 
        coordinated with the audits described in paragraph (2) to 
        ensure proper oversight and accountability.

SEC. 107. UNITED NATIONS PEACEKEEPING ASSESSMENT FORMULA.

    (a) Independent Assessment.--Not later than 1 year after the date 
of the enactment of this Act, the Comptroller General of the United 
States shall--
            (1) conduct a study of the formula and methods by which the 
        United Nations assesses member states for financial support to 
        peacekeeping operations to determine an appropriate standard by 
        which the United Nations should assess such member states in 
        proportion to their capacity to contribute financially to such 
        operations; and
            (2) submit the results of the study conducted under 
        paragraph (1) to the appropriate congressional committees.
    (b) Elements.--The study required under subsection (a) shall 
include--
            (1) an explanation and analysis of the formula and methods 
        used by the United Nations to determine the peacekeeping 
        assessments for each member state, including--
                    (A) whether it is appropriate to use per capita 
                gross domestic product as the method of calculation for 
                determining a member country's capacity to contribute;
                    (B) whether, and to what degree, member countries 
                should qualify for discounts through the United Nations 
                regular budget, the peacekeeping budget, or both; and
                    (C) a survey and analysis of various methods of 
                calculating capacity to contribute including--
                            (i) the relative share of quota 
                        subscription and voting shares at international 
                        financial institutions such as the World Bank 
                        Group and the International Monetary Fund;
                            (ii) the size and nature of the country's 
                        reserves, including the size and composition of 
                        its other external assets; and
                            (iii) whether the country runs large and 
                        prolonged current account surpluses; and
            (2) recommendations, based on the analysis conducted under 
        paragraph (1), for improving the formula used by the United 
        Nations to determine the peacekeeping assessments for each 
        member state to better reflect each state's capacity to 
        contribute and appropriate burden-sharing among member states.

SEC. 108. STRATEGIC HERITAGE PLAN.

    (a) Report.--Not later than 1 year after the date of the enactment 
of this Act, and every 2 years thereafter until the Strategic Heritage 
Plan is complete, the Comptroller General of the United States shall 
submit a report to the appropriate congressional committees on the 
Strategic Heritage Plan that includes--
            (1) an update on the status of the project's budget and 
        schedule, including any changes to scope, total project cost, 
        or schedule;
            (2) an update on financing plans for the project, including 
        the amount contributed by each member state; and
            (3) an assessment of the United Nations' management of the 
        project, including whether lessons learned during the 
        implementation of the Capital Master Plan are used to develop 
        documented guidance for the Strategic Heritage Plan.
    (b) Authorization.--Not later than 30 days before the adoption of a 
budget for the Strategic Heritage Plan by the United Nations General 
Assembly, the Secretary shall certify to the appropriate congressional 
committees whether--
            (1) the United Nations has updated its policies and 
        procedures for capital projects to incorporate lessons learned 
        from the Capital Master Plan;
            (2) the Department--
                    (A) has conducted a cost-benefit analysis of the 
                United Nations financing options for the Strategic 
                Heritage Plan, including the possibility of special 
                assessments on member states and a long-term loan from 
                the Government of Switzerland; and
                    (B) has determined which option is most financially 
                advantageous for the United States; and
            (3) the United Nations has reviewed viable options for 
        securing alternative financing to offset the total project 
        cost.

SEC. 109. WHISTLEBLOWER PROTECTIONS.

    (a) Certification of Whistleblower Protections.--Not more than 85 
percent of the annual contributions by the United States to the United 
Nations (including contributions to the Department of Peacekeeping 
Operations) for any United Nations agency, or for the Organization of 
American States, may be obligated for such organization, department, or 
agency until the Secretary certifies to the appropriate congressional 
committees that the organization, department, or agency receiving such 
contributions is--
            (1) posting on a publicly available website, consistent 
        with applicable privacy regulations and due process, regular 
        financial and programmatic audits of such organization, 
        department, or agency;
            (2) providing the United States Government with necessary 
        access to the financial and performance audits described in 
        paragraph (1); and
            (3) effectively implementing and enforcing policies and 
        procedures that reflect best practices for the protection of 
        whistleblowers from retaliation, including--
                    (A) protection against retaliation for internal and 
                lawful public disclosures;
                    (B) the establishment of appropriate legal burdens 
                of proof in disciplinary or other actions taken against 
                employees and the maintenance of due process 
                protections for such employees;
                    (C) the establishment of clear statutes of 
                limitation for reporting retaliation against 
                whistleblowers;
                    (D) appropriate access to independent adjudicative 
                bodies, including external arbitration; and
                    (E) prompt disciplinary action, as appropriate, 
                against any officials who have engaged in retaliation 
                against whistleblowers.
    (b) Release of Withheld Contributions.--The Secretary may obligate 
the remaining 15 percent of the applicable United States contributions 
to an organization, department, or agency subject to the certification 
requirement described in subsection (a) after the Secretary submits 
such certification to the appropriate congressional committees.
    (c) Waiver.--
            (1) In general.--The Secretary may waive the requirements 
        under subsection (a) with respect to a particular agency, 
        organization, or department, if the Secretary determines and 
        reports to the appropriate congressional committees that such a 
        waiver is necessary for the particular agency, organization, or 
        department to avert or respond to a humanitarian crisis.
            (2) Renewal.--A waiver under paragraph (1) may be renewed 
        if the Secretary determines and reports to the appropriate 
        congressional committees that such waiver remains necessary for 
        that particular agency, organization, or department to avert or 
        respond to a humanitarian crisis.

SEC. 110. UNITED NATIONS HUMAN RIGHTS COUNCIL.

    (a) Funding Prohibition.--No funding from the United States 
Government may be made available to support the United Nations Human 
Rights Council until after the Secretary certifies to the appropriate 
congressional committees that--
            (1) participation in the United Nations Human Rights 
        Council is in the national interest of the United States; and
            (2) the United Nations Humans Rights Council is taking 
        steps to remove ``Human rights situation in Palestine and other 
        occupied Arab territories'' and any other specific item 
        targeted at Israel as permanent items on the United Nations 
        Human Rights Council's agenda.
    (b) Requirement.--The certification under subsection (a) shall 
include--
            (1) an explanation of the reasoning behind the 
        certification; and
            (2) the steps that have been taken to remove ``Human rights 
        situation in Palestine and other occupied Arab territories'' 
        and any other specific item targeted at Israel as permanent 
        agenda items.
    (c) Additional Information.--Not later than 90 days after the date 
of the enactment of this Act, and annually thereafter, the Secretary 
shall submit a report to the appropriate congressional committees that 
describes--
            (1) the resolutions that were considered in the United 
        Nations Human Rights Council during the previous 12 months; and
            (2) steps that have been taken during that 12-month period 
        to remove ``Human rights situation in Palestine and other 
        occupied Arab territories'' and any other specific item 
        targeted at Israel as permanent agenda items for the United 
        Nations Human Rights Council.
    (d) Waiver.--The Secretary may waive the restrictions imposed under 
subsection (a), on an annual basis, if the Secretary--
            (1) determines that such a waiver is in the foreign policy 
        or national security interests of the United States; and
            (2) submits a written explanation to the appropriate 
        congressional committees of the reasoning behind such 
        determination.
    (e) Termination.--The funding limitation under subsection (a) shall 
terminate after the Secretary certifies pursuant to that subsection 
that ``Human rights situation in Palestine and other occupied Arab 
territories'' and any other specific item targeted at Israel have been 
removed as permanent items on the United Nations Human Rights Council's 
agenda.

SEC. 111. COMPARATIVE REPORT ON PEACEKEEPING OPERATIONS.

    Not later than 1 year after the date of the enactment of this Act, 
the Comptroller General of the United States shall submit a report to 
the appropriate congressional committees on the costs, strengths, and 
limitations of United States and United Nations peacekeeping 
operations, which shall include--
            (1) a comparison of the costs of current United Nations 
        peacekeeping missions and the estimated cost of comparable 
        United States peacekeeping operations; and
            (2) an analysis of the strengths and limitations of--
                    (A) a peacekeeping operation led by the United 
                States; and
                    (B) a peacekeeping operation led by the United 
                Nations.

SEC. 112. ADDRESSING MISCONDUCT IN UNITED NATIONS PEACEKEEPING 
              MISSIONS.

    (a) Reforms.--The President shall direct the United States 
Permanent Representative to the United Nations to use the voice, vote, 
and influence of the United States at the United Nations--
            (1) to seek to alter the model memorandum of understanding 
        for troop-contributing countries participating in United 
        Nations peacekeeping missions to strengthen accountability 
        measures related to the investigation, prosecution, and 
        discipline of their troops in cases of misconduct;
            (2) to seek to ensure that for each United Nations 
        peacekeeping mission mandate renewal that is approved and for 
        any new peacekeeping mission, the memorandum of understanding 
        with the troop-contributing countries contains strong 
        provisions that ensure an investigation and response to 
        allegations of sexual exploitation and abuse offenses and the 
        execution of swift and effective disciplinary action against 
        personnel found to have committed the offenses is taken; and
            (3) to seek to require the immediate repatriation of a 
        particular military unit or formed police unit of a troop- or 
        police-contributing country in a United Nations peacekeeping 
        operation when there is credible information of widespread or 
        systemic sexual exploitation or abuse by that unit and to 
        prevent the deployment of that particular unit in a 
        peacekeeping capacity until demonstrable progress has been made 
        to prevent similar offenses from occurring in the future, to 
        strengthen command and control, and to investigate and hold 
        accountable those found guilty of sexual exploitation or abuse.
    (b) Report.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary of State shall submit 
        to Congress a report with recommendations for changing the 
        model memorandum of understanding for troop-contributing 
        countries participating in United Nations peacekeeping missions 
        that strengthen accountability measures and prevent sexual 
        exploitation and abuse by United Nations personnel.
            (2) Elements.--The report required under paragraph (1) 
        shall include the following elements:
                    (A) A plan to ensure the recommendations described 
                in such paragraph are incorporated into the model 
                memorandum of understanding.
                    (B) Specific recommendation on ways to track the 
                progress and process by which a troop-contributing 
                country investigates, prosecutes, and holds personnel 
                accountable for misconduct.

SEC. 113. WHISTLEBLOWER PROTECTIONS FOR UNITED NATIONS PERSONNEL.

    The President shall direct the United States Permanent 
Representative to the United Nations to use the voice, vote, and 
influence of the United States at the United Nations--
            (1) to call for the removal of any official at the United 
        Nations whom the Department of State determines has failed to 
        uphold the highest standards of ethics and integrity 
        established by the United Nations, and whose conduct, with 
        respect to preventing sexual exploitation and abuse by United 
        Nations peacekeepers, has resulted in the erosion of public 
        confidence in the United Nations;
            (2) to ensure that adequate whistleblower protections are 
        extended to United Nations peacekeepers, United Nations police 
        officers, United Nations staff, contractors, and victims of 
        misconduct involving United Nations personnel; and
            (3) to ensure that the United Nations establishes and 
        implements adequate protection measures for whistleblowers who 
        report significant allegations of wrongdoing by United Nations 
        officials.

             TITLE II--PERSONNEL AND ORGANIZATIONAL ISSUES

SEC. 201. MARKET DATA FOR COST-OF-LIVING ADJUSTMENTS.

    (a) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit a report to the 
appropriate congressional committees that examines the feasibility and 
cost effectiveness of using private sector market data to determine 
cost of living adjustments for foreign service officers and Federal 
Government civilians who are stationed abroad.
    (b) Content.--The report required under subsection (a) shall 
include--
            (1) a list of at least 4 private sector providers of 
        international cost-of-living data that the Secretary determines 
        are qualified to provide such data;
            (2) a list of cities in which the Department maintains 
        diplomatic posts for which private sector cost-of-living data 
        is not available;
            (3) a comparison of--
                    (A) the cost of purchasing cost-of-living data from 
                each provider listed in paragraph (1); and
                    (B) the cost (including Department labor costs) of 
                producing such rates internally; and
            (4) for countries in which the Department provides a cost-
        of-living allowance greater than zero and the World Bank 
        estimates that the national price level of the country is less 
        than the national price level of the United States, a 
        comparison of cost-of-living allowances, excluding housing 
        costs, of the private sector providers referred to in paragraph 
        (1) to rates constructed by the Department's Office of 
        Allowances.
    (c) Waiver.--If the Secretary determines that compliance with 
subsection (b)(4) at a particular location is cost-prohibitive, the 
Secretary may waive the requirement under subsection (b)(4) for that 
location if the Secretary submits written notice and an explanation of 
the reasons for the waiver to the appropriate congressional committees.

SEC. 202. OVERSEAS HOUSING.

    (a) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit a report to the appropriate congressional committees that 
analyzes and compares--
            (1) overseas housing policies and rates for civilians, as 
        set by the Department; and
            (2) overseas housing policies and rates for military 
        personnel, as set by the Department of Defense.
    (b) Content.--The report required under subsection (a) shall 
include--
            (1) a comparison of overseas housing policies, pertaining 
        to the size and quality of government-provided housing and the 
        rates for individually leased housing, for Federal Government 
        civilians and military personnel;
            (2) a comparison of rates for individually leased overseas 
        housing for civilians and military personnel by comparable rank 
        and family size;
            (3) an analysis of any factors specific to the civilian 
        population or military population that warrant separate housing 
        policies and rates;
            (4) a recommendation on the feasibility and cost-
        effectiveness of consolidating civilian and military policies 
        and rates for individually-leased housing into a single 
        approach for all United States personnel who are stationed 
        overseas; and
            (5) additional policy recommendations based on the 
        Comptroller General's analysis.

SEC. 203. LOCALLY-EMPLOYED STAFF WAGES.

    (a) Market-responsive Staff Wages.--Not later than 180 days after 
the date of enactment of this Act, and periodically thereafter, the 
Secretary shall establish and implement a prevailing wage rates goal 
for positions in the local compensation plan, as described in section 
408 of the Foreign Service Act of 1980 (22 U.S.C. 3968), at each 
diplomatic post that--
            (1) is based on the specific recruiting and retention needs 
        of the post and local labor market conditions, as determined 
        annually; and
            (2) is not less than the 50th percentile of the prevailing 
        wage for comparable employment in the labor market surrounding 
        the post.
    (b) Exception.--The prevailing wage rate goal established under 
subsection (a) may differ from the requirements under such subsection 
if required by law in the locality of employment.
    (c) Recordkeeping Requirement.--The analytical assumptions 
underlying the calculation of wage levels at each diplomatic post under 
subsection (a), and the data upon which such calculation is based--
            (1) shall be filed electronically and retained for not less 
        than 5 years; and
            (2) shall be made available to the appropriate 
        congressional committees upon request.

SEC. 204. EXPANSION OF CIVIL SERVICE OPPORTUNITIES.

    It is the sense of Congress that the Department should--
            (1) expand the Overseas Development Program from 20 
        positions to not fewer than 40 positions within 1 year after 
        the date of the enactment of this Act;
            (2) analyze the costs and benefits of expanding the 
        Overseas Development Program; and
            (3) expand the Overseas Development Program to more than 40 
        positions if the benefits identified in paragraph (2) outweigh 
        the costs identified in such paragraph.

SEC. 205. PROMOTION TO THE SENIOR FOREIGN SERVICE.

    Section 601(c) of the Foreign Service Act of 1980 (22 U.S.C. 
4001(c)) is amended by adding at the end the following:
            ``(6)(A) The promotion of any individual joining the 
        Service on or after January 1, 2017, to the Senior Foreign 
        Service shall be contingent upon the individual completing at 
        least 1 tour in--
                    ``(i) a global affairs bureau; or
                    ``(ii) a global affairs position.
            ``(B) In this paragraph:
                    ``(i) The term `global affairs bureaus' means the 
                following bureaus of the Department:
                            ``(I) Bureaus reporting to the Under 
                        Secretary for Economic Growth, Energy, and 
                        Environment.
                            ``(II) Bureaus reporting to the Under 
                        Secretary for Arms Control and International 
                        Security.
                            ``(III) Bureaus reporting to the Under 
                        Secretary for Public Diplomacy and Public 
                        Affairs.
                            ``(IV) Bureaus reporting to the Under 
                        Secretary for Civilian, Security, Democracy, 
                        and Human Rights.
                            ``(V) The Bureau of International 
                        Organization Affairs.
                    ``(ii) The term `global affairs position' means any 
                position funded with amounts appropriated to the 
                Department of State under the heading `Diplomatic 
                Policy and Support'.
            ``(C) The requirements under subparagraph (A) shall not 
        apply if the Secretary of State certifies that the individual 
        proposed for promotion to the Senior Foreign Service--
                    ``(i) has met all other requirements applicable to 
                such promotion; and
                    ``(ii) was unable to complete a tour in a global 
                affairs bureau or global affairs position because there 
                was not a reasonable opportunity for the individual to 
                be assigned to such a posting.''.

SEC. 206. LATERAL ENTRY INTO THE FOREIGN SERVICE.

    (a) Policy of the United States.--It is the policy of the United 
States to maximize the ability of the Foreign Service to draw upon the 
talents of the American people to most effectively promote the foreign 
policy interests of the United States.
    (b) Finding.--Congress finds that--
            (1) the Foreign Service practice of grooming generalists 
        for careers in the Foreign Service, starting with junior level 
        directed assignments, is effective for most officers; and
            (2) the practice described in paragraph (1) precludes the 
        recruitment of many patriotic, highly-skilled, talented, and 
        experienced mid-career professionals who wish to join public 
        service and contribute to the work of the Foreign Service, but 
        are not in a position to restart their careers as entry-level 
        government employees.
    (c) Sense of Congress.--It is the sense of Congress that the 
Foreign Service should permit mid-career entry into the Foreign Service 
for qualified individuals who are willing to bring their outstanding 
talents and experiences to the work of the Foreign Service.
    (d) Pilot Program.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall establish a 3-year pilot 
program for lateral entry into the Foreign Service that--
            (1) targets mid-career individuals from the civil service 
        and private sector who have skills and experience that would be 
        extremely valuable to the Foreign Service;
            (2) is in full comportment with current Foreign Service 
        intake procedures, including the requirement to pass the 
        Foreign Service exam;
            (3) offers participants in the pilot program placement in 
        the Foreign Service at a grade level higher than FS-4 if such 
        placement is warranted by their education and qualifying 
        experience;
            (4) requires only 1 directed assignment in a position 
        appropriate to the pilot program participant's grade level;
            (5) includes, as part of the required initial training, a 
        class or module that specifically prepares participants in the 
        pilot program for life in the Foreign Service, including 
        conveying to them essential elements of the practical knowledge 
        that is normally acquired during a Foreign Service officer's 
        initial assignments; and
            (6) includes an annual assessment of the progress of the 
        pilot program by a review board consisting of Department 
        officials with appropriate expertise, including employees of 
        the Foreign Service, in order to evaluate the pilot program's 
        success and direction in advancing the policy set forth in 
        subsection (a) in light of the findings set forth in subsection 
        (b).
    (e) Annual Reporting.--Not later than 1 year after the date of the 
enactment of this Act, and annually thereafter for the duration of the 
pilot program, the Secretary shall submit a report to the appropriate 
congressional committees that describes--
            (1) the cumulative number of accepted and unaccepted 
        applicants to the pilot program established under subsection 
        (d);
            (2) the cumulative number of pilot program participants 
        placed into each Foreign Service cone;
            (3) the grade level at which each pilot program participant 
        entered the Foreign Service;
            (4) information about the first assignment to which each 
        pilot program participant was directed;
            (5) the structure and operation of the pilot program, 
        including--
                    (A) the operation of the pilot program to date; and
                    (B) any observations and lessons learned about the 
                pilot program that the Secretary considers relevant.
    (f) Longitudinal Data.--The Secretary shall--
            (1) collect and maintain data on the career progression of 
        each pilot program participant for the length of the 
        participant's Foreign Service career; and
            (2) make the data described in paragraph (1) available to 
        the appropriate congressional committees upon request.

SEC. 207. REEMPLOYMENT OF ANNUITANTS.

    (a) Waiver of Annuity Limitations.--Section 824(g) of the Foreign 
Service Act of 1980 (22 U.S.C. 4064(g)) is amended--
            (1) in paragraph (1)(B), by striking ``to facilitate the'' 
        and all that follows through ``Afghanistan,'';
            (2) by striking paragraph (2); and
            (3) by redesignating paragraph (3) as paragraph (2).
    (b) Repeal of Sunset Provision.--Section 61(a) of the State 
Department Basic Authorities Act of 1956 (22 U.S.C. 2733(a)) is amended 
to read as follows:
    ``(a) Authority.--The Secretary of State may waive the application 
of section 8344 or 8468 of title 5, United States Code, on a case-by-
case basis, for employment of an annuitant in a position in the 
Department of State for which there is exceptional difficulty in 
recruiting or retaining a qualified employee, or when a temporary 
emergency hiring need exists.''.

SEC. 208. CODIFICATION OF ENHANCED CONSULAR IMMUNITIES.

    Section 4 of the Diplomatic Relations Act (22 U.S.C. 254c) is 
amended--
            (1) by striking ``The President'' and inserting the 
        following:
    ``(a) In General.--The President''; and
            (2) by adding at the end the following:
    ``(b) Consular Immunity.--
            ``(1) In general.--The Secretary of State, with the 
        concurrence of the Attorney General, may, on the basis of 
        reciprocity and under such terms and conditions as the 
        Secretary may determine, specify privileges and immunities for 
        a consular post, the members of a consular post, and their 
        families which result in more favorable or less favorable 
        treatment than is provided in the Vienna Convention.
            ``(2) Consultation.--Before exercising the authority under 
        paragraph (1), the Secretary shall consult with the appropriate 
        congressional committees on the circumstances that may warrant 
        the need for privileges and immunities providing more favorable 
        or less favorable treatment than is provided in the Vienna 
        Convention.''.

SEC. 209. ACCOUNTABILITY REVIEW BOARD RECOMMENDATIONS RELATED TO 
              UNSATISFACTORY LEADERSHIP.

    Section 304(c) of the Diplomatic Security Act (22 U.S.C. 4834(c)) 
is amended--
            (1) by redesignating paragraphs (1), (2), and (3) as 
        subparagraphs (A), (B), and (C), respectively;
            (2) by striking ``Whenever'' and inserting the following:
            ``(1) Breach of duty.--Whenever'';
            (3) by striking ``In determining'' and inserting the 
        following:
            ``(2) Factors.--In determining''; and
            (4) by adding at the end the following:
            ``(3) Unsatisfactory leadership.--
                    ``(A) Grounds for disciplinary action.--
                Unsatisfactory leadership by a senior official with 
                respect to a security incident involving loss of life, 
                serious injury or significant destruction of property 
                at or related to a United States Government mission 
                abroad may be grounds for disciplinary action.
                    ``(B) Recommendation.--If a Board finds reasonable 
                cause to believe that a senior official provided 
                unsatisfactory leadership (as described in subparagraph 
                (A)), the Board may recommend disciplinary action 
                subject to the procedures set forth in paragraphs (1) 
                and (2).''.

SEC. 210. PERSONAL SERVICES CONTRACTORS.

    (a) In General.--Subject to subsections (b) and (c), the Secretary 
may establish a pilot program (referred to in this section as the 
``Program'') for hiring United States citizens or aliens as personal 
services contractors. Personal services contractors hired under this 
section may provide services in the United States and outside of the 
United States to respond to new or emerging needs or to augment 
existing services.
    (b) Conditions.--The Secretary may hire personal services 
contractors under the Program if--
            (1) the Secretary determines that existing personnel 
        resources are insufficient;
            (2) the period in which services are provided by a personal 
        services contractor under the Program, including options, does 
        not exceed 2 years, unless the Secretary determines that 
        exceptional circumstances justify an extension of up to 1 
        additional year;
            (3) not more than 200 United States citizens or aliens are 
        employed as personal services contractors under the Program at 
        any time; and
            (4) the Program is only used to obtain specialized skills 
        or experience or to respond to urgent needs.
    (c) Status of Personal Service Contractors.--
            (1) Not a government employee.--Subject to paragraph (2), 
        an individual hired as a personal services contractor under the 
        Program shall not, by virtue of such hiring, be considered to 
        be an employee of the United States Government for purposes of 
        any law administered by the Office of Personnel Management.
            (2) Applicable law.--An individual hired as a personal 
        services contractor pursuant to this section shall be covered, 
        in the same manner as a similarly-situated employee, by--
                    (A) the Ethics in Government Act of 1978 (5 U.S.C. 
                App.);
                    (B) chapter 73 of title 5, United States Code;
                    (C) sections 201, 203, 205, 207, 208, and 209 of 
                title 18, United States Code;
                    (D) section 1346 and chapter 171 of title 28, 
                United States Code; and
                    (E) chapter 21 of title 41, United States Code.
            (3) Savings provision.--Except as provided in paragraphs 
        (1) and (2), nothing in this section may be construed to affect 
        the determination of whether an individual hired as a personal 
        services contractor under the Program is an employee of the 
        United States Government for purposes of any Federal law.
    (d) Termination of Authority.--
            (1) In general.--The authority to award personal services 
        contracts under the Program shall terminate on September 30, 
        2019.
            (2) Effect on existing contracts.--A contract entered into 
        before the termination date set forth in paragraph (1) may 
        remain in effect until the date on which it is scheduled to 
        expire under the terms of the contract.

SEC. 211. TECHNICAL AMENDMENT TO FEDERAL WORKFORCE FLEXIBILITY ACT.

    Chapter 57 of title 5, United States Code, is amended--
            (1) in section 5753(a)(2)(A), by inserting ``, excluding 
        members of the Foreign Service other than chiefs of mission and 
        ambassadors at large'' before the semicolon at the end; and
            (2) in section 5754(a)(2)(A), by inserting ``, excluding 
        members of the Foreign Service other than chiefs of mission and 
        ambassadors at large'' before the semicolon at the end.

SEC. 212. TRAINING SUPPORT SERVICES.

    Section 704(a)(4)(B) of the Foreign Service Act of 1980 (22 U.S.C. 
4024(a)(4)(B)) is amended by striking ``language instructors, 
linguists, and other academic and training specialists'' and inserting 
``education and training specialists, including language instructors 
and linguists, and other specialists who perform work directly relating 
to the design, delivery, oversight, or coordination of training 
delivered by the institution''.

SEC. 213. LIMITED APPOINTMENTS IN THE FOREIGN SERVICE.

    Section 309 of the Foreign Service Act (22 U.S.C. 3949), is 
amended--
            (1) in subsection (a) by striking ``subsection (b)'' and 
        inserting ``subsections (b) and (c)'';
            (2) in subsection (b)--
                    (A) in paragraph (3)--
                            (i) by striking ``if continued service'' 
                        and inserting the following: ``if--
                    ``(A) continued service''; and
                    (B) by adding at the end the following: ``or
                    ``(B) the individual is serving in the uniformed 
                services (as defined in section 4303 of title 38, 
                United States Code) and the limited appointment expires 
                in the course of such service'';
                    (C) in paragraph (4), by striking ``and'' at the 
                end;
                    (D) in paragraph (5), by striking the period at the 
                end and inserting a semicolon; and
                    (E) by adding at the end the following:
            ``(6) in exceptional circumstances if the Secretary 
        determines the needs of the Service require the extension of--
                    ``(A) a limited noncareer appointment for a period 
                not to exceed 1 year; or
                    ``(B) a limited appointment of a career candidate 
                for the minimum time needed to resolve a grievance, 
                claim, investigation, or complaint not otherwise 
                provided for in this section.''; and
            (3) by adding at the end the following:
    ``(c)(1) Noncareer employees who have served for 5 consecutive 
years under a limited appointment may be reappointed to a subsequent 
noncareer limited appointment if there is at least a 1-year break in 
service before such new appointment.
    ``(2) The Secretary may waive the 1-year break requirement under 
paragraph (1) in cases of special need.''.

SEC. 214. HOME LEAVE AMENDMENT.

    (a) Length of Continuous Service Abroad.--Section 903(a) of the 
Foreign Service Act of 1980 (22 U.S.C. 4083) is amended by inserting 
``(or after a shorter period of such service if the member's assignment 
is terminated for the convenience of the Service)'' after ``12 months 
of continuous service abroad''.
    (b) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary shall submit a report to the appropriate 
congressional committees that recounts the number of instances during 
the 3-year period ending on such date of enactment that the Foreign 
Service permitted home leave for a member after fewer than 12 months of 
continuous service abroad.

SEC. 215. FOREIGN SERVICE WORKFORCE STUDY.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary shall submit a report to the appropriate 
congressional committees that contains the results of a study on 
workforce issues and challenges to career opportunities pertaining to 
tandem couples in the Foreign Service.

SEC. 216. REPORT ON DIVERSITY RECRUITMENT, EMPLOYMENT, RETENTION, AND 
              PROMOTION.

    (a) In General.--The Secretary should provide oversight to the 
employment, retention, and promotion of underrepresented groups.
    (b) Additional Recruitment and Outreach Required.--The Department 
should conduct recruitment activities that--
            (1) develop and implement effective mechanisms to ensure 
        that the Department is able effectively to recruit and retain 
        highly qualified candidates from minority-serving institutions; 
        and
            (2) improve and expand recruitment and outreach programs at 
        minority-serving institutions.
    (c) Report.--Not later than 180 days after the date of the 
enactment of this Act, and quadrennially thereafter, the Secretary of 
State shall submit a comprehensive report to Congress that describes 
the efforts, consistent with existing law, including procedures, 
effects, and results of the Department since the period covered by the 
prior such report, to promote equal opportunity and inclusion for all 
American employees in direct hire and personal service contractors 
status, particularly employees of the Foreign Service, to include equal 
opportunity for all races, ethnicities, ages, genders, and service-
disabled veterans, with a focus on traditionally underrepresented 
minority groups.

SEC. 217. FOREIGN RELATIONS EXCHANGE PROGRAMS.

    (a) Exchanges Authorized.--Title I of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2651a et seq.) is amended by adding 
at the end the following:

``SEC. 63. FOREIGN RELATIONS EXCHANGE PROGRAMS.

    ``(a) Authority.--The Secretary may establish exchange programs 
under which officers or employees of the Department of State, including 
individuals appointed under title 5, United States Code, and members of 
the Foreign Service (as defined in section 103 of the Foreign Service 
Act of 1980 (22 U.S.C. 3903)), may be assigned, for not more than one 
year, to a position with any foreign government or international entity 
that permits an employee to be assigned to a position with the 
Department of State.
    ``(b) Salary and Benefits.--
            ``(1) Members of foreign service.--During a period in which 
        a member of the Foreign Service is participating in an exchange 
        program authorized pursuant to subsection (a), the member shall 
        be entitled to the salary and benefits to which the member 
        would receive but for the assignment under this section.
            ``(2) Non-foreign service employees of department.--An 
        employee of the Department of State other than a member of the 
        Foreign Service participating in an exchange program authorized 
        pursuant to subsection (a) shall be treated in all respects as 
        if detailed to an international organization pursuant to 
        section 3343(c) of title 5, United States Code.
            ``(3) Foreign participants.--The salary and benefits of an 
        employee of a foreign government or international entity 
        participating in a program established under this section shall 
        be paid by such government or entity during the period in which 
        such employee is participating in the program, and shall not be 
        reimbursed by the Department of State.
    ``(c) Non-reciprocal Assignment.--The Secretary may authorize a 
non-reciprocal assignment of personnel pursuant to this section, with 
or without reimbursement from the foreign government or international 
entity for all or part of the salary and other expenses payable during 
the assignment, if it is in the interests of the United States.
    ``(d) Rule of Construction.--Nothing in this section shall be 
construed to--
            ``(1) authorize the appointment as an officer or employee 
        of the United States of--
                    ``(A) an individual whose allegiance is to any 
                country, government, or foreign or international entity 
                other than to the United States of America; or
                    ``(B) an individual who has not met the 
                requirements of sections 3331, 3332, 3333, and 7311 of 
                title 5, United States Code, or any other provision of 
                law concerning eligibility for appointment as, and 
                continuation of employment as, an officer or employee 
                of the United States.''.

                    TITLE III--CONSULAR AUTHORITIES

SEC. 301. INFORMATION ON PASSPORTS, EXPEDITED PASSPORTS, AND VISAS 
              ISSUED BY CONSULAR AFFAIRS.

    The President's annual budget submitted under section 1105(a) of 
title 31, United States Code, shall identify--
            (1) the number of passports, expedited passports, and visas 
        issued by Consular Affairs during the 3 most recent fiscal 
        years; and
            (2) the number of passports, expedited passports, and visas 
        that Consular Affairs estimates, for purposes of such annual 
        budget, will be issued during the next fiscal year.

SEC. 302. CONSULAR FEE RESTRUCTURING.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) Consular Affairs, as a wholly fee-funded operation, 
        should have a fee structure that allows it to be self-
        sufficient, efficient, and transparent;
            (2) the current fee structure for Consular Affairs has 
        significant flaws and should be reformed; and
            (3) fees charged for services provided by Consular Affairs 
        should generally cover the cost of the services for which the 
        fees are charged.
    (b) Findings.--Congress makes the following findings:
            (1) Due to the existence of multiple cross-subsidies--
                    (A) the fee charged for a service provided by 
                Consular Affairs bears little, if any, relationship to 
                the costs of that service; and
                    (B) it is difficult to track which fees are being 
                used to cover which costs.
            (2) Fees from visa services in excess of estimated amounts 
        are available to Consular Affairs to fund other operations, 
        giving Consular Affairs an incentive to underestimate visa 
        demand and resulting in inefficiencies and a lack of 
        transparency.
    (c) Passport Fees.--Not later than the beginning of the first 
fiscal year after the date of the enactment of this Act, the passport 
fee structure, including authorities used by Consular Affairs, shall be 
modified so that--
            (1) all fees collected for the issuing of passports are 
        retained by the Department;
            (2) except as permitted under subsection (j), the fees 
        retained by the Department under paragraph (1) are only used to 
        cover the cost of passport operations and the consular 
        protection of United States citizens and their interests in 
        foreign countries for which no fee is collected; and
            (3) not later than 12 months after the end of each fiscal 
        year, all fees retained by the Department under paragraph (1) 
        during such fiscal year that were not used to cover the costs 
        described in paragraph (2) (other than such amounts, which 
        shall remain available until expended, that the Secretary 
        determines, and notifies the appropriate congressional 
        committees pursuant to section 34 of the State Department Basic 
        Authorities Act of 1956 (22 U.S.C. 2706), are required for 
        costs of services described in paragraph (2) that extend beyond 
        that fiscal year) are deposited into the General Fund of the 
        Treasury.
    (d) Visa Fees.--Not later than the beginning of the first fiscal 
year after the date of the enactment of this Act, the visa fee 
structure, including authorities used by Consular Affairs, shall be 
modified so that--
            (1) all fees collected for nonimmigrant and immigrant visas 
        operations are retained by the Department, except for special 
        surcharges authorized by statute to be returned to the 
        Treasury;
            (2) except as permitted under subsection (j), any fees 
        retained by the Department under paragraph (1) are only used to 
        offset the cost of visa operations; and
            (3) not later than 12 months after the end of each fiscal 
        year, all fees retained by the Department under paragraph (1) 
        that were not used to offset the costs described in paragraph 
        (2) (other than such amounts, which shall remain available 
        until expended, that the Secretary determines, and notifies to 
        the appropriate congressional committees pursuant to section 34 
        of the State Department Basic Authorities Act of 1956 (22 
        U.S.C. 2706), are required for costs of support services 
        related to visa operations that extend beyond that fiscal year) 
        are deposited into the General Fund of the Treasury.
    (e) Other Consular Fees.--Not later than the beginning of the first 
fiscal year after the date of the enactment of this Act, the fee 
structure, including authorities used by Consular Affairs for services 
other than services related to passports and visas, shall be modified 
so that--
            (1) all fees collected for the provision of documentary and 
        authentication services, judicial assistance services, services 
        related to vessels and seamen, administrative services, and any 
        other consular service provided for which a fee is collected 
        are retained by the Department;
            (2) except as permitted under subsection (j), the fees 
        described in paragraph (1) are only used to cover the cost of 
        providing the services described in paragraph (1);
            (3) the fees described in paragraph (1) are authorized to 
        be set at a level that is sufficient to cover the cost of 
        providing the services described in paragraph (1), but may be 
        set at a higher level, as appropriate and documented through 
        the rulemaking process; and
            (4) not later than 12 months after the end of each fiscal 
        year, all fees retained by the Department under paragraph (1) 
        during such fiscal year that were not used to provide the 
        services described in paragraph (1) (other than such amounts, 
        which shall remain available until expended, that the Secretary 
        determines, and notifies the appropriate congressional 
        committees pursuant to section 34 of the State Department Basic 
        Authorities Act of 1956 (22 U.S.C. 2706), are required for 
        costs of the services described in paragraph (2) that extend 
        beyond that fiscal year), are deposited into the General Fund 
        of the Treasury.
    (f) Congressional Notification.--Not later than November 1 of each 
year, the Assistant Secretary of State for Consular Affairs shall 
submit a report to the appropriate congressional committees that 
identifies--
            (1) the amounts expended and retained during the previous 
        fiscal year, in accordance with this section, for each type of 
        fee or service collected or provided by Consular Affairs; and
            (2) the amounts deposited into the General Fund of the 
        Treasury under this section for each type of fee or service for 
        such fiscal year.
    (g) Audits.--The fees collected pursuant to this section are 
subject to audit by the Inspector General and by the Comptroller 
General of the United States.
    (h) Implementation Plan.--Not later than 90 days after the date of 
the enactment of this Act, the Assistant Secretary of State for 
Consular Affairs shall submit a plan to the appropriate congressional 
committees for implementing the requirements under this section.
    (i) Additional Authority.--Notwithstanding any other provision of 
law, the Assistant Secretary of State for Consular Affairs is 
authorized to implement and revise the structure of the passport, visa, 
and other consular fees as may be necessary to carry out the 
requirements under this section.
    (j) Transfer Authority.--
            (1) Separate account.--The Secretary shall maintain the 
        fees described in subsections (c)(1), (d)(1), and (e)(1) in a 
        separate consular fees account.
            (2) Reprogramming.--The Department shall track funding 
        within the consular fees account by fee type to facilitate the 
        reporting under subsection (f). Such funds may be reprogrammed 
        within and between the different fees described in subsections 
        (c)(1), (d)(1), and (e)(1), subject to section 34 of the State 
        Department Basic Authorities Act of 1956 (22 U.S.C. 2706).
            (3) Obligation of funds.--The Secretary may obligate any 
        funds within the account in support of activities, including 
        information technology initiatives, that support work by 
        Consular Affairs across the range of operations described in 
        subsections (c)(1), (d)(1), and (e)(1).
            (4) Transfers authorized.--Not earlier than 15 days after 
        giving written notice to the appropriate congressional 
        committees, the Secretary may transfer and merge funds from the 
        consular fees account to other Department appropriations for 
        the purpose of funding consular support activities funded out 
        of other Department appropriations.
    (k) Certification.--Not later than the beginning of the first 
fiscal year after the date of the enactment of this Act, the Secretary 
shall submit a written certification to the appropriate congressional 
committees confirming that the fee structure used by Consular Affairs 
meets the requirements set forth in this section.

SEC. 303. PROTECTIONS FOR FOREIGN EMPLOYEES OF DIPLOMATIC MISSIONS AND 
              INTERNATIONAL ORGANIZATIONS.

    Section 203(a)(2) of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (8 U.S.C. 1375c(a)(2)) is 
amended--
            (1) by striking ``Notwithstanding'' and inserting the 
        following:
                    ``(A) In general.--Notwithstanding''; and
            (2) by adding at the end of the following:
                    ``(B) Credible evidence of abuse or exploitation.--
                For purposes of subparagraph (A), credible evidence 
                that 1 or more employees of a mission or international 
                organization have abused or exploited 1 or more 
                nonimmigrants holding an A-3 visa or a G-5 visa should 
                be deemed to exist if--
                            ``(i) a final court judgment, including a 
                        default judgment, has been issued against a 
                        current or former employee of such mission or 
                        organization, and the time period for appeal of 
                        such judgment has expired;
                            ``(ii) a nonimmigrant visa has been issued 
                        pursuant to section 101(a)(15)(T) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1101(a)(15)(T)) to the victim of such abuse or 
                        exploitation; or
                            ``(iii) the Secretary has requested that a 
                        country waive diplomatic immunity for a 
                        diplomat or a family member of a diplomat to 
                        permit criminal prosecution of the diplomat or 
                        family member for the abuse or exploitation.
                    ``(C) Trafficking in persons report.--If credible 
                evidence is deemed to exist pursuant to subparagraph 
                (B) for a case of trafficking in persons involving the 
                holder of an A-3 visa or a G-5 visa, the Secretary 
                shall include a concise summary of such case in the 
                next annual report submitted under section 110(b) of 
                the Trafficking Victims Protection Act of 2000 (22 
                U.S.C. 7107(b)).
                    ``(D) Payment of judgment.--If a holder of an A-3 
                visa or a G-5 visa has obtained a final court judgment 
                finding such holder was a victim of abuse or 
                exploitation by an employee of a diplomatic mission or 
                international organization, the Secretary should assist 
                such victim in obtaining payment on such judgment, 
                including by encouraging the country that sent the 
                employee to such mission or organization to provide 
                compensation directly to such victim.''.

SEC. 304. BORDER CROSSING FEE FOR MINORS.

    Section 410(a)(1)(A) of title IV of the Department of State and 
Related Agencies Appropriations Act, 1999 (division A of Public Law 
105-277) is amended by striking ``a fee of $13'' and inserting ``a fee 
equal to one-half of the fee that would otherwise apply for processing 
a machine readable combined border crossing identification card and 
nonimmigrant visa''.

SEC. 305. SIGNED PHOTOGRAPH REQUIREMENT FOR VISA APPLICATIONS.

    Section 221(b) of the Immigration and Nationality Act (8 U.S.C. 
1201(b)) is amended by striking ``his application, and shall furnish 
copies of his photograph signed by him'' and inserting ``his or her 
application, and shall furnish copies of his or her photograph''.

SEC. 306. ELECTRONIC TRANSMISSION OF DOMESTIC VIOLENCE INFORMATION TO 
              VISA APPLICANTS.

    Section 833(a)(5)(A) of the Violence Against Women and Department 
of Justice Reauthorization Act of 2005 (8 U.S.C. 1375a(a)(5)(A)) is 
amended by adding at the end the following:
                            ``(vi) Subject to such regulations as the 
                        Secretary of State may prescribe, mailings 
                        under this subparagraph may be transmitted by 
                        electronic means.''.

SEC. 307. AMERASIAN IMMIGRATION.

    (a) Repeal.--Section 584 of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1988 (8 U.S.C. 1101 
note) is repealed effective September 30, 2017.
    (b) Effect on Pending Visa Applications.--
            (1) Adjudication.--An application for a visa under the 
        provision of law repealed by subsection (a) that was properly 
        submitted before October 1, 2017, by an alien described in 
        subsection (b)(1)(A) of such provision of law or an 
        accompanying spouse or child may be adjudicated in accordance 
        with the terms of such provision of law.
            (2) Admission.--If an application described in paragraph 
        (1) is approved, the applicant may be admitted to the United 
        States during the 1-year period beginning on the date on which 
        such application was approved.

SEC. 308. TECHNICAL AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT.

    Section 212(a)(3)(G) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(3)(G)) is amended by striking ``in violation of section 
2442 of title 18, United States Code'' and inserting ``(as described in 
section 2442(a) of title 18, United States Code)''.

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. REPORTS ON EMBASSY CONSTRUCTION AND SECURITY UPGRADE 
              PROJECTS.

    (a) Initial Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit a comprehensive 
report to the appropriate congressional committees regarding all 
embassy construction projects and major embassy security upgrade 
projects completed during the 10-year period ending on the date of the 
enactment of this Act, including, for each such project--
            (1) the initial cost estimate;
            (2) the amount actually expended on the project;
            (3) any additional time required to complete the project 
        beyond the initial timeline; and
            (4) any cost overruns incurred by the project.
    (b) Semi-annual Reports.--Not later than 180 days after the 
submission of the report required under subsection (a), and semi-
annually thereafter, the Secretary shall submit a comprehensive report 
to the appropriate congressional committees on the status of all 
ongoing and recently completed embassy construction projects and major 
embassy security upgrade projects, including, for each project--
            (1) the initial cost estimate;
            (2) the amount expended on the project to date;
            (3) the projected timeline for completing the project; and
            (4) any cost overruns incurred by the project.

SEC. 402. UNITED STATES HUMAN RIGHTS DIALOGUE REVIEW.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary, in consultation with other 
appropriate departments and agencies, shall--
            (1) conduct a review of all human rights dialogues; and
            (2) submit a report to the appropriate congressional 
        committees containing the findings of the review conducted 
        under paragraph (1).
    (b) Contents.--The report submitted under subsection (a)(2) shall 
include--
            (1) a list of all human rights dialogues held during the 
        prior year;
            (2) a list of all bureaus and Senate confirmed officials of 
        the Department of State that participated in each dialogue;
            (3) a list of all the countries that have refused to hold 
        human rights dialogues with the United States; and
            (4) for each human rights dialogue held to the prior year, 
        an assessment of the role of the dialogue in advancing United 
        States foreign policy goals.
    (c) Defined Term.--In this section, the term ``human rights 
dialogue'' means an agreed upon and regular bilateral meeting between 
the Department of State and a foreign government for the primary 
purpose of pursuing a defined agenda on the subject of human rights.

SEC. 403. SENSE OF CONGRESS ON FOREIGN CYBERSECURITY THREATS.

    (a) Findings.--Congress makes the following findings:
            (1) The Department of State International Cyberspace Policy 
        Strategy (referred to in this section as the ``Strategy''), 
        which was released in March 2016, states--
                    (A) ``Cyber threats to United States national and 
                economic security are increasing in frequency, scale, 
                sophistication, and severity''; and
                    (B) ``The United States works to counter threats in 
                cyberspace through a whole-of-government approach that 
                brings to bear its full range of instruments of 
                national power and corresponding policy tools - 
                diplomatic, informational, military, economic, 
                intelligence, and law enforcement - as appropriate and 
                consistent with applicable law''.
            (2) The 2016 Worldwide Threat Assessment of the U.S. 
        Intelligence Community (``Threat Assessment''), released on 
        February 6, 2016--
                    (A) names Russia, China, Iran, and North Korea as 
                ``leading threat actors'' in cyberspace;
                    (B) states ``China continues to have success in 
                cyber espionage against the US Government, our allies, 
                and US companies''; and
                    (C) states ``North Korea probably remains capable 
                and willing to launch disruptive or destructive 
                cyberattacks to support its political objectives''.
            (3) On April 1, 2015, the President issued Executive Order 
        13694, entitled ``Blocking the Property of Certain Persons 
        Engaging in Significant Malicious Cyber-Enabled Activities''.
            (4) On February 18, 2016, the President signed into law the 
        2016 North Korea Sanctions and Policy Enhancement Act of 2016 
        (Public Law 114-122), which codified into law the policy set 
        forth in Executive Order 13694.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) threats in cyberspace from state and nonstate actors 
        have emerged as a serious threat to the national security of 
        the United States;
            (2) the United States Government should use all diplomatic, 
        economic, legal, and military tools to counter cyber threats; 
        and
            (3) the United States Government should impose economic 
        sanctions under existing authorities against state and nonstate 
        actors that have engaged in malicious cyber-enabled activities.
    (c) Semi-annual Reports on Cybersecurity Agreement Between the 
United States and China.--Not later than 90 days after the date of the 
enactment of this Act, and every 180 days thereafter, the Secretary 
shall submit a report to the appropriate congressional committees, with 
a classified annex if necessary, that describes the status of the 
implementation of the cybersecurity agreement between the United States 
and the People's Republic of China, which was concluded on September 
25, 2015, including an assessment of the People's Republic of China's 
compliance with its commitments under the agreement.
    (d) Rule of Construction.--Nothing in this Act or any amendment 
made by this Act may be construed as authorizing the use of military 
force for any purpose, including as a specific authorization for the 
use of military force under the War Powers Resolution (Public Law 93-
148; 50 U.S.C. 1541 et seq.), or as congressional intent to provide 
such authorization.

SEC. 404. REPEAL OF OBSOLETE REPORTS.

    (a) Annual Report on the Israeli-Palestinian Peace, Reconciliation 
and Democracy Fund.--Section 10 of the Palestinian Anti-Terrorism Act 
of 2006 (Public Law 109-446; 22 U.S.C. 2378b note) is amended--
            (1) by striking subsection (b); and
            (2) by redesignating subsection (c) as subsection (b).
    (b) Annual Report on Assistance Provided for Interdiction Actions 
of Foreign Countries.--Section 1012 of the National Defense 
Authorization Act for Fiscal Year 1995 (22 U.S.C. 2291-4) is amended--
            (1) by striking subsection (c); and
            (2) by redesignating subsection (d) as subsection (b).
    (c) Reports Relating to Sudan.--The Sudan Peace Act (Public Law 
107-245; 50 U.S.C. 1701 note) is amended--
            (1) by striking section 8; and
            (2) in section 11, by striking subsection (b).
    (d) Annual Report on Outstanding Expropriation Claims.--Section 527 
of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 
(Public Law 103-236; 22 U.S.C. 2370a) is amended--
            (1) by striking subsection (f); and
            (2) by redesignating subsections (g), (h), and (i) as 
        subsections (f), (g), and (h), respectively.

SEC. 405. SENSE OF THE SENATE REGARDING THE RELEASE OF INTERNATIONALLY 
              ADOPTED CHILDREN FROM THE DEMOCRATIC REPUBLIC OF CONGO.

    (a) Findings.--The Senate makes the following findings:
            (1) In September 2013, the Government of the Democratic 
        Republic of Congo suspended the issuance of exit permits to 
        children adopted by international parents.
            (2) In February 2016, after continuous efforts by the 
        Department of State, the President, and Congress, the 
        Government of the Democratic Republic of Congo began issuing 
        exit permits to internationally adopted children and committed 
        to reviewing all unresolved cases by the end of March 2016.
            (3) As of March 31, 2016, more than 300 children had been 
        authorized to apply for exit permits, but many adopted children 
        remain stranded in the Democratic Republic of Congo, including 
        at least two children adopted by Wisconsin families.
    (b) Sense of the Senate.--The Senate--
            (1) urges the Government of the Democratic Republic of 
        Congo to complete its review of all unresolved international 
        adoption cases as soon as possible; and
            (2) calls upon the United States Government to continue to 
        treat the release of internationally adopted children from the 
        Democratic Republic of Congo as a priority until all cases have 
        been resolved.

SEC. 406. COMMUNICATION WITH GOVERNMENTS OF COUNTRIES DESIGNATED AS 
              TIER 2 WATCH LIST COUNTRIES ON THE TRAFFICKING IN PERSONS 
              REPORT.

    (a) In General.--Not less frequently than annually, the Secretary 
shall provide, to the foreign minister of each country that has been 
designated as a ``Tier 2 Watch List'' country pursuant to section 
110(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
7107(b))--
            (1) a copy of the annual Trafficking in Persons Report; and
            (2) information pertinent to such country's designation, 
        including--
                    (A) confirmation of the country's designation to 
                the Tier 2 Watch List;
                    (B) the implications associated with such 
                designation and the consequences for the country of a 
                downgrade to Tier 3;
                    (C) the factors that contributed to the 
                designation; and
                    (D) the steps that the country must take to be 
                considered for an upgrade in status of designation.
    (b) Sense of Congress Regarding Communications.--It is the sense of 
Congress that, given the gravity of a Tier 2 Watch List designation, 
the Secretary should communicate the information described in 
subsection (a) to the foreign minister of any country designated as 
being on the Tier 2 Watch List.

SEC. 407. DEFENSE TRADE CONTROLS REGISTRATION FEES.

    Section 45 of the State Department Basic Authorities Act of 1956 
(22 U.S.C. 2717) is amended--
            (1) in the matter preceding paragraph (1)--
                    (A) by striking ``Office'' and inserting 
                ``Directorate''; and
                    (B) by inserting ``management, licensing, 
                compliance, and policy activities in the defense trade 
                controls function, including'' after ``incurred for'';
            (2) in paragraph (1), by striking ``contract personnel to 
        assist in'';
            (3) in paragraph (2), by striking the ``and'' at the end;
            (4) in paragraph (3), by striking the period at the end and 
        inserting a semicolon; and
            (5) by adding at the end the following:
            ``(4) the facilitation of defense trade policy development 
        and implementation, review of commodity jurisdiction 
        determinations, public outreach to industry and foreign 
        parties, and analysis of scientific and technological 
        developments relating to the exercise of defense trade control 
        authorities; and
            ``(5) contract personnel to assist in the activities 
        described in paragraphs (1) through (4).''.

SEC. 408. AUTHORITY TO ISSUE ADMINISTRATIVE SUBPOENAS.

    Section 3486 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)(A)--
                            (i) in clause (ii), by striking ``or'' at 
                        the end; and
                            (ii) in clause (iii), by striking the comma 
                        at the end and inserting a semicolon; and
                            (iii) by inserting after clause (iii) the 
                        following:
                            ``(iv) an offense under section 878, or a 
                        threat against a person, foreign mission, or 
                        organization authorized to receive protection 
                        by special agents of the Department of State 
                        and the Foreign Service under section 37 of the 
                        State Department Basic Authorities Act of 1956 
                        (22 U.S.C. 2709), if the Assistant Secretary 
                        for Diplomatic Security or the Director of the 
                        Diplomatic Security Service determines that the 
                        threat constituting the offense or threat 
                        against the person or place protected is 
                        imminent, the Secretary of State; or
                            ``(v) an offense under chapter 75, the 
                        Secretary of State,'';
                    (B) in paragraph (9), by striking ``paragraph 
                (1)(A)(i)(II) or (1)(A)(iii)'' and inserting ``clause 
                (i)(II), (iii), (iv), or (v) of paragraph (1)(A)''; and
                    (C) in paragraph (10), by adding at the end the 
                following: ``As soon as practicable following the 
                issuance of a subpoena under paragraph (1)(A)(iv), the 
                Secretary of State shall notify the Attorney General of 
                its issuance.''; and
            (2) in subsection (e)(1)--
                    (A) by striking ``unless the action or 
                investigation arises'' and inserting the following: 
                ``unless the action or investigation--
            ``(A) arises''; and
                    (B) by striking ``or if authorized'' and inserting 
                the following:
            ``(B) directly relates to the purpose for which the 
        subpoena was authorized under paragraph (1); or
            ``(C) is authorized''.

SEC. 409. EXTENSION OF PERIOD FOR REIMBURSEMENT OF SEIZED COMMERCIAL 
              FISHERMEN.

    Section 7(e) of the Fishermen's Protective Act of 1967 (22 U.S.C. 
1977(e)) is amended by striking ``2008'' and inserting ``2018''.

SEC. 410. SPECIAL AGENTS.

    (a) In General.--Section 37(a)(1) of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2709(a)(1)) is amended to read as 
follows:
            ``(1) conduct investigations concerning--
                    ``(A) illegal passport or visa issuance or use;
                    ``(B) identity theft or document fraud affecting or 
                relating to the programs, functions, and authorities of 
                the Department of State; or
                    ``(C) Federal offenses committed within the special 
                maritime and territorial jurisdiction of the United 
                States (as defined in section 7(9) of title 18, United 
                States Code), except as that jurisdiction relates to 
                the premises of United States military missions and 
                related residences;''.
    (b) Construction.--Nothing in the amendment made by subsection (a) 
may be construed to limit the investigative authority of any Federal 
department or agency other than the Department of State.

SEC. 411. ENHANCED DEPARTMENT OF STATE AUTHORITY FOR UNIFORMED GUARDS.

    The State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a 
et seq.) is amended by inserting after section 37 (22 U.S.C. 2709) the 
following:

``SEC. 37A. PROTECTION OF BUILDINGS AND AREAS IN THE UNITED STATES BY 
              UNIFORMED GUARDS.

    ``(a) Enforcement Authorities for Uniformed Guards.--The Secretary 
of State may authorize uniformed guards of the Department of State to 
protect buildings and areas within the United States for which the 
Department of State provides protective services, including duty in 
areas outside the property to the extent necessary to protect the 
property and persons in that area.
    ``(b) Powers of Guards.--While engaged in the performance of 
official duties as a uniformed guard under subsection (a), a guard 
may--
            ``(1) enforce Federal laws and regulations for the 
        protection of persons and property;
            ``(2) carry firearms; and
            ``(3) make arrests without warrant for any offense against 
        the United States committed in the guard's presence, or for any 
        felony cognizable under the laws of the United States, to the 
        extent necessary to protect the property and persons in that 
        area, if the guard has reasonable grounds to believe that the 
        person to be arrested has committed or is committing such 
        felony in connection with the buildings and areas, or persons, 
        for which the Department of State is providing protective 
        services.
    ``(c) Rulemaking.--
            ``(1) In general.--The Secretary of State, in consultation 
        with the Secretary of Homeland Security, may prescribe 
        regulations necessary for the administration of buildings and 
        areas within the United States for which the Department of 
        State provides protective services.
            ``(2) Penalties.--Subject to subsection (d), the 
        regulations prescribed under paragraph (1) may include 
        reasonable penalties for violations of the regulations.
            ``(3) Posting.--The regulations prescribed under paragraph 
        (1) shall be posted and shall remain posted in a conspicuous 
        place on each property described in paragraph (1).
    ``(d) Penalties.--A person violating a regulation prescribed under 
subsection (c) shall be fined under title 18, United States Code, 
imprisoned for not more than 6 months, or both.
    ``(e) Attorney General Approval.--The powers granted to uniformed 
guards under this section shall be exercised in accordance with 
guidelines approved by the Attorney General.
    ``(f) Relationship to Other Authority.--Nothing in this section may 
be construed to affect the authority of the Secretary of Homeland 
Security, the Administrator of General Services, or any Federal law 
enforcement agency.''.
                                                       Calendar No. 468

114th CONGRESS

  2d Session

                                S. 2937

_______________________________________________________________________

                                 A BILL

To authorize appropriations for the Department of State for fiscal year 
                     2017, and for other purposes.

_______________________________________________________________________

                              May 17, 2016

                 Read twice and placed on the calendar