[Congressional Record Volume 162, Number 82 (Tuesday, May 24, 2016)]
[Senate]
[Pages S3120-S3128]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4141. Mr. CORKER submitted an amendment intended to be proposed by
him to the bill S. 2943, to authorize appropriations for fiscal year
2017 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of the bill, add the following:
DIVISION F--DEPARTMENT OF STATE AUTHORIZATIONS
SEC. 6001. SHORT TITLE.
This division may be cited as the ``Department of State
Authorization Act, Fiscal Year 2017''.
SEC. 6002. DEFINITIONS.
In this division:
(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 6102(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 LXXI--INTERNATIONAL ORGANIZATIONS
SEC. 6101. 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) 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;
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(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 the personnel determined to be
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 improve
such country's ability to monitor for sexual exploitation and
abuse offenses committed by peacekeeping personnel who are
nationals of such country;
(B) adequately respond to allegations of such offenses by
carrying out effective disciplinary action against the
personnel determined to be responsible for 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 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.
(c) 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 is a
credible allegation of sexual exploitation or abuse involving
nationals described in paragraph (1).
(d) 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. 6102. 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
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 sexual exploitation or abuse that led to
such designation has ceased; and
(2) the country in question has taken appropriate steps--
(A) to prevent acts of 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 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;
(4) information available from international organizations,
foreign governments, and civil society organizations; and
(5) information obtained directly from victims or their
advocates.
SEC. 6103. 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
6102(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. 6104. 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:
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``(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. 6105. 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. 6106. 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. 6107. 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. 6108. 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. 6109. 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. 6110. 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--
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(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. 6111. 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. 6112. 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. 6113. 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 effective 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 effective protection measures for whistleblowers
who report significant allegations of wrongdoing by United
Nations officials.
TITLE LXXII--PERSONNEL AND ORGANIZATIONAL ISSUES
SEC. 6201. 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. 6202. 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. 6203. 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
[[Page S3124]]
(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. 6204. 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. 6205. 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. 6206. 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. 6207. 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. 6208. 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. 6209. 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. 6210. PERSONAL SERVICES CONTRACTORS.
(a) In General.--Subject to subsections (b) and (c), the
Secretary may establish a pilot
[[Page S3125]]
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. 6211. 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. 6212. 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. 6213. 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. 6214. 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. 6215. 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. 6216. 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. 6217. 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
[[Page S3126]]
other provision of law concerning eligibility for appointment
as, and continuation of employment as, an officer or employee
of the United States.''.
TITLE LXXIII--CONSULAR AUTHORITIES
SEC. 6301. 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. 6302. 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. 6303. 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. 6304. 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. 6305. 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. 6306. 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. 6307. 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 LXXIV--MISCELLANEOUS PROVISIONS
SEC. 6401. 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. 6402. 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. 6403. 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,
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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. 6404. 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. 6405. 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. 6406. 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. 6407. 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. 6408. 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. 6409. 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. 6410. 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.
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``(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.''.
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