[Congressional Record Volume 162, Number 174 (Monday, December 5, 2016)]
[House]
[Pages H7160-H7175]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF STATE OPERATIONS AUTHORIZATION AND EMBASSY SECURITY ACT,
FISCAL YEAR 2016
Mr. ROYCE. Mr. Speaker, I move to suspend the rules and pass the bill
(S. 1635) to authorize the Department of State for fiscal year 2016,
and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 1635
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 Authorities 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--EMBASSY SECURITY AND PERSONNEL PROTECTION
Subtitle A--Review and Planning Requirements
Sec. 101. Designation of high risk, high threat posts.
Sec. 102. Contingency plans for high risk, high threat posts.
Sec. 103. Direct reporting.
Sec. 104. Accountability Review Board recommendations related to
unsatisfactory leadership.
Subtitle B--Physical Security and Personnel Requirements
Sec. 111. Capital security cost sharing program.
Sec. 112. Local guard contracts abroad under diplomatic security
program.
Sec. 113. Transfer authority.
Sec. 114. Security enhancements for soft targets.
Sec. 115. Exemption from certain procurement protest procedures for
noncompetitive contracting in emergency circumstances.
Sec. 116. Sense of Congress regarding minimum security standards for
temporary United States diplomatic and consular posts.
Sec. 117. Assignment of personnel at high risk, high threat posts.
Sec. 118. Annual report on embassy construction costs.
Sec. 119. Embassy security, construction, and maintenance.
Subtitle C--Security Training
Sec. 121. Security training for personnel assigned to high risk, high
threat posts.
Sec. 122. Sense of Congress regarding language requirements for
diplomatic security personnel assigned to high risk, high
threat post.
Subtitle D--Expansion of the Marine Corps Security Guard Detachment
Program
Sec. 131. Marine Corps Security Guard Program.
TITLE II--OFFICE OF INSPECTOR GENERAL OF THE DEPARTMENT OF STATE AND
BROADCASTING BOARD OF GOVERNORS
Sec. 201. Competitive hiring status for former employees of the Office
of the Special Inspector General for Iraq Reconstruction.
Sec. 202. Certification of independence of information technology
systems of the Office of Inspector General of the
Department of State and Broadcasting Board of Governors.
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Sec. 203. Protecting the integrity of internal investigations.
Sec. 204. Report on Inspector General inspection and auditing of
Foreign Service posts and bureaus and other offices of
the Department.
Sec. 205. Implementing GAO and OIG recommendations.
Sec. 206. Inspector General salary limitations.
TITLE III--INTERNATIONAL ORGANIZATIONS
Sec. 301. Oversight of and accountability for peacekeeper abuses.
Sec. 302. Reimbursement of contributing countries.
Sec. 303. Withholding of assistance.
Sec. 304. United Nations peacekeeping assessment formula.
Sec. 305. Reimbursement or application of credits.
Sec. 306. Report on United States contributions to the United Nations
relating to peacekeeping operations.
Sec. 307. Whistleblower protections for United Nations personnel.
Sec. 308. Encouraging employment of United States citizens at the
United Nations.
Sec. 309. Statement of policy on Member State's voting practices at the
United Nations.
Sec. 310. Qualifications of the United Nations Secretary General.
Sec. 311. Policy regarding the United Nations Human Rights Council.
Sec. 312. Additional report on other United States contributions to the
United Nations.
Sec. 313. Comparative report on peacekeeping operations.
TITLE IV--PERSONNEL AND ORGANIZATIONAL ISSUES
Sec. 401. Locally-employed staff wages.
Sec. 402. Expansion of civil service opportunities.
Sec. 403. Promotion to the Senior Foreign Service.
Sec. 404. Lateral entry into the Foreign Service.
Sec. 405. Reemployment of annuitants and workforce rightsizing.
Sec. 406. Integration of foreign economic policy.
Sec. 407. Training support services.
Sec. 408. Special agents.
Sec. 409. Limited appointments in the Foreign Service.
Sec. 410. Report on diversity recruitment, employment, retention, and
promotion.
Sec. 411. Market data for cost-of-living adjustments.
Sec. 412. Technical amendment to Federal Workforce Flexibility Act.
Sec. 413. Retention of mid- and senior-level professionals from
traditionally under-represented minority groups.
Sec. 414. Employee assignment restrictions.
Sec. 415. Security clearance suspensions.
Sec. 416. Sense of Congress on the integration of policies related to
the participation of women in preventing and resolving
conflicts.
Sec. 417. Foreign Service families workforce study.
Sec. 418. Special envoys, representatives, advisors, and coordinators
of the Department.
Sec. 419. Combating anti-Semitism.
TITLE V--CONSULAR AUTHORITIES
Sec. 501. Codification of enhanced consular immunities.
Sec. 502. Passports made in the United States.
TITLE VI--WESTERN HEMISPHERE DRUG POLICY COMMISSION
Sec. 601. Establishment.
Sec. 602. Duties.
Sec. 603. Membership.
Sec. 604. Powers.
Sec. 605. Staff.
Sec. 606. Sunset.
TITLE VII--MISCELLANEOUS PROVISIONS
Sec. 701. Foreign relations exchange programs.
Sec. 702. United States Advisory Commission on Public Diplomacy.
Sec. 703. Broadcasting Board of Governors.
Sec. 704. Rewards for Justice.
Sec. 705. Extension of period for reimbursement of seized commercial
fishermen.
Sec. 706. Expansion of the Charles B. Rangel International Affairs
Program, the Thomas R. Pickering Foreign Affairs
Fellowship Program, and the Donald M. Payne International
Development Fellowship Program.
Sec. 707. GAO report on Department critical telecommunications
equipment or services obtained from suppliers closely
linked to a leading cyber-threat actor.
Sec. 708. Implementation plan for information technology and knowledge
management.
Sec. 709. Ransoms to foreign terrorist organizations.
Sec. 710. Strategy to combat terrorist use of social media.
Sec. 711. Report on Department information technology acquisition
practices.
Sec. 712. Public availability of reports on nominees to be chiefs of
mission.
Sec. 713. Recruitment and retention of individuals who have lived,
worked, or studied in predominantly Muslim countries or
communities.
Sec. 714. Sense of Congress regarding coverage of appropriate therapies
for dependents with autism spectrum disorder (ASD).
Sec. 715. Repeal of obsolete reports.
Sec. 716. Prohibition on additional funding.
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; and
(B) the Committee on Foreign Affairs of the House of
Representatives.
(2) Department.--Unless otherwise specified, the term
``Department'' means the Department of State.
(3) Foreign service.--The term ``Foreign Service'' has the
meaning given such term in section 102 of the Foreign Service
Act of 1980 (22 U.S.C. 3902).
(4) Inspector general.--Unless otherwise specified, the
term ``Inspector General'' means the Office of Inspector
General of the Department of State and the Broadcasting Board
of Governors.
(5) 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.
(6) Secretary.--Unless otherwise specified, the term
``Secretary'' means the Secretary of State.
TITLE I--EMBASSY SECURITY AND PERSONNEL PROTECTION
Subtitle A--Review and Planning Requirements
SEC. 101. DESIGNATION OF HIGH RISK, HIGH THREAT POSTS.
(a) In General.--Title I of the Omnibus Diplomatic Security
and Antiterrorism Act of 1986 (22 U.S.C. 4801 et seq.;
relating to diplomatic security) is amended by inserting
after section 103 the following new sections:
``SEC. 104. DESIGNATION OF HIGH RISK, HIGH THREAT POSTS.
``(a) Initial Designation.--Not later than 30 days after
the date of the enactment of this section, the Department of
State shall submit to the appropriate congressional
committees a report, in classified form, that contains a list
of diplomatic and consular posts designated as high risk,
high threat posts.
``(b) Designations Before Opening or Reopening Posts.--
Before opening or reopening a diplomatic or consular post,
the Secretary shall determine if such post should be
designated as a high risk, high threat post.
``(c) Designating Existing Posts.--The Secretary shall
regularly review existing diplomatic and consular posts to
determine if any such post should be designated as a high
risk, high threat post if conditions at such post or the
surrounding security environment require such a designation.
``(d) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate.
``(2) High risk, high threat post.--The term `high risk,
high threat post' means a United States diplomatic or
consular post or other United States mission abroad, as
determined by the Secretary, that, among other factors--
``(A) is located in a country--
``(i) with high to critical levels of political violence
and terrorism; and
``(ii) the government of which lacks the ability or
willingness to provide adequate security; and
``(B) has mission physical security platforms that fall
below the Department of State's established standards.
``SEC. 105. BRIEFINGS ON EMBASSY SECURITY.
``(a) Briefing.--The Secretary shall provide monthly
briefings to the appropriate congressional committees on--
``(1) any plans to open or reopen a high risk, high threat
post, including--
``(A) the importance and appropriateness of the objectives
of the proposed post to the national security of the United
States, and the type and level of security threats such post
could encounter;
``(B) working plans to expedite the approval and funding
for establishing and operating such post, implementing
physical security measures, providing necessary security and
management personnel, and the provision of necessary
equipment;
``(C) security `tripwires' that would determine specific
action, including enhanced security measures or evacuation of
such post, based on the improvement or deterioration of the
local security environment; and
``(D) in coordination with the Secretary of Defense, an
evaluation of available United States military assets and
operational plans to respond to such posts in extremis;
``(2) personnel staffing and rotation cycles at high risk,
high threat posts;
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``(3) the current security posture at posts of particular
concern as determined by such committees; and
``(4) the progress towards implementation of the provisions
specified in title I of the Department of State Authorities
Act, Fiscal Year 2017.
``(b) Congressional Notification.--
``(1) In general.--Except as provided in paragraph (2), not
later than 30 days before opening or reopening a high risk,
high threat post, the Secretary shall notify the appropriate
congressional committees of the decision to open or reopen
such post.
``(2) Emergency circumstances.--If the Secretary determines
that the national security interests of the United States
require the opening or reopening of a high risk, high threat
post in fewer than 30 days, then as soon as possible, but not
later than 48 hours before such opening or reopening, the
Secretary shall transmit to the appropriate congressional
committees a notification detailing the decision to open or
reopen such post, the nature of the critical national
security interests at stake, and the circumstances that
prevented the normal 30-day notice under paragraph (1).
``(c) Appropriate Congressional Committees.--In this
section, the term `appropriate congressional committees'
means--
``(1) the Committee on Foreign Affairs, the Committee on
Armed Services, the Permanent Select Committee on
Intelligence, and the Committee on Appropriations of the
House of Representatives; and
``(2) the Committee on Foreign Relations, the Committee on
Armed Services, the Select Committee on Intelligence, and the
Committee on Appropriations of the Senate.''.
(b) Conforming Amendment.--The table of contents of the
Omnibus Diplomatic Security and Antiterrorism Act of 1986 is
amended by inserting after the item relating to section 103
the following new items:
``Sec. 104. Designation of high risk, high threat posts.
``Sec. 105. Briefings on embassy security.''.
SEC. 102. CONTINGENCY PLANS FOR HIGH RISK, HIGH THREAT POSTS.
Subsection (a) of section 606 of the Secure Embassy
Construction and Counterterrorism Act of 1999 (22 U.S.C.
4865; relating to diplomatic security) is amended--
(1) in paragraph (1)(A), in the first sentence--
(A) by inserting ``and from complex attacks (as such term
is defined in section 416 of the Omnibus Diplomatic Security
and Antiterrorism Act of 1986),'' after ``attacks from
vehicles''; and
(B) by inserting ``or such a complex attack'' before the
period at the end;
(2) in paragraph (7), by inserting before the period at the
end the following: ``, including at high risk, high threat
posts (as such term is defined in section 104 of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986), including
options for the deployment of additional military personnel
or equipment to bolster security and rapid deployment of
armed or surveillance assets in response to an attack''.
SEC. 103. DIRECT REPORTING.
The Assistant Secretary for Diplomatic Security shall
report directly to the Secretary, without being required to
obtain the approval or concurrence of any other official of
the Department, as threats and circumstances require.
SEC. 104. ACCOUNTABILITY REVIEW BOARD RECOMMENDATIONS RELATED
TO UNSATISFACTORY LEADERSHIP.
(a) In General.--Subsection (c) of section 304 of the
Diplomatic Security Act (22 U.S.C. 4834) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``Whenever'' and inserting ``If''; and
(B) by striking ``has breached the duty of that
individual'' and inserting ``has engaged in misconduct or
unsatisfactorily performed the duties of employment of that
individual, and such misconduct or unsatisfactory performance
has significantly contributed to the serious injury, loss of
life, or significant destruction of property, or the serious
breach of security that is the subject of the Board's
examination as described in subsection (a)'';
(2) in paragraph (2), by striking ``finding'' each place it
appears and inserting ``findings''; and
(3) in the matter following paragraph (3)--
(A) by striking ``has breached a duty of that individual''
and inserting ``has engaged in misconduct or unsatisfactorily
performed the duties of employment of that individual as
described in this subsection''; and
(B) by striking ``to the performance of the duties of that
individual''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to any Accountability Review Board
that is convened under section 301 of the Diplomatic Security
Act (22 U.S.C. 4831) on or after the date of the enactment of
this Act.
Subtitle B--Physical Security and Personnel Requirements
SEC. 111. CAPITAL SECURITY COST SHARING PROGRAM.
(a) Sense of Congress on the Capital Security Cost Sharing
Program.--It is the sense of Congress that the Capital
Security Cost Sharing Program should prioritize the
construction of new facilities and the maintenance of
existing facilities at high risk, high threat posts.
(b) Restriction on Construction of Office Space.--Paragraph
(2) of section 604(e) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (title VI of division A of H.R.
3427, as enacted into law by section 1000(a)(7) of Public Law
106-113; 113 Stat. 1501A-453; 22 U.S.C. 4865 note) is amended
by adding at the end the following new sentence: ``A project
to construct a diplomatic facility of the United States may
not include office space or other accommodations for an
employee of a Federal department or agency to the extent that
the Secretary of State determines that such department or
agency has not provided to the Department of State the full
amount of funding required under paragraph (1),
notwithstanding any authorization and appropriation of
relevant funds by Congress.''.
SEC. 112. LOCAL GUARD CONTRACTS ABROAD UNDER DIPLOMATIC
SECURITY PROGRAM.
Section 136 of the Foreign Relations Authorization Act,
Fiscal Years 1990 and 1991 (22 U.S.C. 4864) is amended by
adding at the end the following new subsection:
``(h) Award of Local Guard and Protective Service
Contracts.--In evaluating proposals for local guard contracts
under this section, the Secretary of State may award such
contracts on the basis of best value as determined by a cost-
technical tradeoff analysis (as described in Federal
Acquisition Regulation part 15.101) and, with respect to such
contracts for posts that are not high risk, high threat posts
(as such term is defined in section 104 of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C.
4801 et seq.; relating to diplomatic security)), subject to
congressional notification 15-days prior to any such
award.''.
SEC. 113. TRANSFER AUTHORITY.
Section 4 of the Foreign Service Buildings Act, 1926 (22
U.S.C. 295) is amended by adding at the end the following new
subsection:
``(j)(1) In addition to exercising any other transfer
authority available to the Secretary of State, and subject to
paragraphs (2) and (3), the Secretary may transfer to, and
merge with, any appropriation for embassy security,
construction, and maintenance such amounts appropriated for
fiscal year 2018 for any other purpose related to the
administration of foreign affairs on or after January 1,
2017, if the Secretary determines such transfer is necessary
to provide for the security of sites and buildings in foreign
countries under the jurisdiction and control of the
Secretary.
``(2) Any funds transferred pursuant to paragraph (1)--
``(A) shall not exceed 20 percent of any appropriation made
available for fiscal year 2018 for the Department of State
under the heading `Administration of Foreign Affairs', and no
such appropriation shall be increased by more than 10 percent
by any such transfer; and
``(B) shall be merged with funds in the heading to which
transferred, and shall be available subject to the same terms
and conditions as the funds with which merged.
``(3) Not later than 15 days before any transfer of funds
pursuant to paragraph (1), the Secretary of State shall
notify in writing the Committee on Foreign Relations and the
Committee on Appropriations of the Senate and the Committee
on Foreign Affairs and the Committee on Appropriations of the
House of Representatives. Any such notification shall include
a description of the particular security need necessitating
the transfer at issue.''.
SEC. 114. SECURITY ENHANCEMENTS FOR SOFT TARGETS.
Section 29 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2701) is amended, in the third sentence, by
inserting ``physical security enhancements and'' after ``may
include''.
SEC. 115. EXEMPTION FROM CERTAIN PROCUREMENT PROTEST
PROCEDURES FOR NONCOMPETITIVE CONTRACTING IN
EMERGENCY CIRCUMSTANCES.
A determination by the Department to use procedures other
than competitive procedures under section 3304 of title 41,
United States Code, in order to meet emergency security
requirements, as determined by the Secretary or the
Secretary's designee, including physical security upgrades,
protective equipment, and other immediate threat mitigation
projects, shall not be subject to challenge by protest under
either subchapter V of chapter 35 of title 31, United States
Code, or section 1491 of title 28, United States Code.
SEC. 116. SENSE OF CONGRESS REGARDING MINIMUM SECURITY
STANDARDS FOR TEMPORARY UNITED STATES
DIPLOMATIC AND CONSULAR POSTS.
It is the sense of Congress that--
(1) the Overseas Security Policy Board's security standards
for facilities should apply to all facilities consistent with
12 FAM 311.2; and
(2) such facilities should comply with requirements for
attaining a waiver or exception to applicable standards if it
is in the national interest of the United States.
SEC. 117. ASSIGNMENT OF PERSONNEL AT HIGH RISK, HIGH THREAT
POSTS.
The Secretary to the extent practicable shall station key
personnel for sustained periods of time at high risk, high
threat posts (as such term is defined in section 104 of the
Omnibus Diplomatic Security and Antiterrorism Act of 1986, as
added by section 401 of this Act) in order to--
(1) establish institutional knowledge and situational
awareness that would allow for a fuller familiarization of
the local political and security environment in which such
posts are located; and
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(2) ensure that necessary security procedures are
implemented.
SEC. 118. ANNUAL REPORT ON EMBASSY CONSTRUCTION COSTS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act and annually thereafter, the
Secretary shall submit to the appropriate congressional
committees a comprehensive report regarding all ongoing
embassy construction projects and major embassy security
upgrade projects.
(b) Contents.--Each report required under subsection (a)
shall include the following with respect to each ongoing
embassy construction projects and major embassy security
upgrade projects:
(1) The initial cost estimate.
(2) The amount expended on the project to date.
(3) The projected timeline for completing the project.
(4) Any cost overruns incurred by the project.
(c) Initial Report.--The first report required under
subsection (a) shall include an annex 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, the following:
(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.
(4) Any cost overruns incurred by the project.
SEC. 119. EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE.
Section 1 of the Foreign Service Buildings Act, 1926 (22
U.S.C. 292), is amended by adding at the end the following
new subsection:
``(c) Authorization for Improvements and Construction.--The
Secretary of State may improve or construct facilities
overseas for other Federal departments and agencies on an
advance-of-funds or reimbursable basis if such advances or
reimbursements are credited to the Embassy Security,
Construction, and Maintenance account and remain available
until expended.''.
Subtitle C--Security Training
SEC. 121. SECURITY TRAINING FOR PERSONNEL ASSIGNED TO HIGH
RISK, HIGH THREAT POSTS.
(a) In General.--Title IV of the Omnibus Diplomatic
Security and Antiterrorism Act of 1986 (22 U.S.C. 4851 et
seq.; relating to diplomatic security) is amended by adding
at the end the following new sections:
``SEC. 416. SECURITY TRAINING FOR PERSONNEL ASSIGNED TO A
HIGH RISK, HIGH THREAT POST.
``(a) In General.--Individuals assigned permanently to or
who are in long-term temporary duty status as designated by
the Secretary of State at a high risk, high threat post shall
receive security training described in subsection (b) on a
mandatory basis in order to prepare such individuals for
living and working at such posts.
``(b) Security Training Described.--Security training
referred to in subsection (a)--
``(1) is training to improve basic knowledge and skills;
and
``(2) may include--
``(A) an ability to recognize, avoid, and respond to
potential terrorist situations, including a complex attack;
``(B) conducting surveillance detection;
``(C) providing emergency medical care;
``(D) ability to detect the presence of improvised
explosive devices;
``(E) minimal firearms familiarization; and
``(F) defensive driving maneuvers.
``(c) Effective Date.--The requirements of this section
shall take effect upon the date of the enactment of this
section.
``(d) Definitions.--In this section and section 417:
``(1) Complex attack.--The term `complex attack' has the
meaning given such term by the North Atlantic Treaty
Organization, as follows: `An attack conducted by multiple
hostile elements which employ at least two distinct classes
of weapon systems (i.e., indirect fire and direct fire,
improvised explosive devices, and surface to air fire).'.
``(2) High risk, high threat post.--The term `high risk,
high threat post' has the meaning given such term in section
104.
``SEC. 417. SECURITY MANAGEMENT TRAINING FOR OFFICIALS
ASSIGNED TO A HIGH RISK, HIGH THREAT POST.
``(a) In General.--Officials described in subsection (c)
who are assigned to a high risk, high threat post shall
receive security training described in subsection (b) on a
mandatory basis in order to improve the ability of such
officials to make security-related management decisions.
``(b) Security Training Described.--Security training
referred to in subsection (a) may include--
``(1) development of skills to better evaluate threats;
``(2) effective use of security resources to mitigate such
threats; and
``(3) improved familiarity of available security resources.
``(c) Officials Described.--Officials referred to in
subsection (a) are the following:
``(1) Members of the Senior Foreign Service appointed under
section 302(a)(1) or 303 of the Foreign Service Act of 1980
(22 U.S.C. 3942(a)(1) and 3943) or members of the Senior
Executive Service (as such term is described in section
3132(a)(2) of title 5, United States Code).
``(2) Foreign Service officers appointed under section
302(a)(1) of the Foreign Service Act of 1980 (22 U.S.C.
3942(a)(1)) holding a position in classes FS-1 or FS-2.
``(3) Foreign Service Specialists appointed by the
Secretary under section 303 of the Foreign Service Act of
1980 (22 U.S.C. 3943) holding a position in classes FS-1 or
FS-2.
``(4) Individuals holding a position in grades GS-14 or GS-
15.
``(5) Personal services contractors and other contractors
serving in positions or capacities similar to the officials
described in paragraphs (1) through (4).
``(d) Effective Date.--The requirements of this section
shall take effect beginning on the date that is one year
after the date of the enactment of this section.''.
(b) Conforming Amendment.--The table of contents of the
Omnibus Diplomatic Security and Antiterrorism Act of 1986 is
amended by inserting after the item relating to section 415
the following new items:
``Sec. 416. Security training for personnel assigned to a high risk,
high threat post.
``Sec. 417. Security management training for officials assigned to a
high risk, high threat post.''.
SEC. 122. SENSE OF CONGRESS REGARDING LANGUAGE REQUIREMENTS
FOR DIPLOMATIC SECURITY PERSONNEL ASSIGNED TO
HIGH RISK, HIGH THREAT POST.
(a) In General.--It is the sense of Congress that
diplomatic security personnel assigned permanently to or who
are in long-term temporary duty status as designated by the
Secretary at a high risk, high threat post should receive
language training described in subsection (b) in order to
prepare such personnel for duty requirements at such post.
(b) Language Training Described.--Language training
referred to in subsection (a) should prepare personnel
described in such subsection to--
(1) speak the language at issue with sufficient structural
accuracy and vocabulary to participate effectively in most
formal and informal conversations on subjects germane to
security; and
(2) read within an adequate range of speed and with almost
complete comprehension on subjects germane to security.
Subtitle D--Expansion of the Marine Corps Security Guard Detachment
Program
SEC. 131. MARINE CORPS SECURITY GUARD PROGRAM.
(a) In General.--Pursuant to the responsibility of the
Secretary for diplomatic security under section 103 of the
Diplomatic Security Act (22 U.S.C. 4802; enacted as part of
the Omnibus Diplomatic Security and Antiterrorism Act of 1986
(Public Law 99-399)), the Secretary, in consultation with the
Secretary of Defense, shall conduct an annual review of the
Marine Corps Security Guard Program, including the following:
(1) An evaluation of whether the size and composition of
the Marine Corps Security Guard Program is adequate to meet
global diplomatic security requirements.
(2) An assessment of whether the Marine Corps security
guards are appropriately deployed among United States
embassies, consulates, and other diplomatic facilities to
respond to evolving security developments and potential
threats to United States interests abroad.
(3) An assessment of the mission objectives of the Marine
Corps Security Guard Program and the procedural rules of
engagement to protect diplomatic personnel under the Program.
(b) Reporting Requirement.--Not later than 180 days after
the date of the enactment of this Act and annually thereafter
for three years, the Secretary, in consultation with the
Secretary of Defense, shall submit to the Committee on
Foreign Affairs, the Committee on Armed Services, and the
Committee on Appropriations of the House of Representatives
and the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate an unclassified report, with a classified annex as
necessary, that addresses the requirements specified in
subsection (a).
TITLE II--OFFICE OF INSPECTOR GENERAL OF THE DEPARTMENT OF STATE AND
BROADCASTING BOARD OF GOVERNORS
SEC. 201. COMPETITIVE HIRING STATUS FOR FORMER EMPLOYEES OF
THE OFFICE OF THE SPECIAL INSPECTOR GENERAL FOR
IRAQ RECONSTRUCTION.
Notwithstanding any other provision of law, any employee of
the Office of the Special Inspector General for Iraq
Reconstruction who completes at least 12 months of continuous
employment within the Office at any time prior to October 5,
2013, and was not terminated for cause shall acquire
competitive status for appointment to any position in the
competitive service for which the employee possesses the
required qualifications.
SEC. 202. CERTIFICATION OF INDEPENDENCE OF INFORMATION
TECHNOLOGY SYSTEMS OF THE OFFICE OF INSPECTOR
GENERAL OF THE DEPARTMENT OF STATE AND
BROADCASTING BOARD OF GOVERNORS.
Not later than one year after the date of the enactment of
this Act and annually thereafter for four years, the
Secretary shall submit to the appropriate congressional
committees, with respect to the network, information systems,
and files of the Office of
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Inspector General of the Department and Broadcasting Board of
Governors managed by the Department, a certification that the
Department has ensured the integrity and independence of such
network, information systems, and files, including the
prevention of access to such network, information systems,
and files other than as authorized by the Inspector General
or the Attorney General, or, for purposes of ensuring
information and systems security pursuant to applicable
statute, the Chief Information Officer of the Department.
SEC. 203. PROTECTING THE INTEGRITY OF INTERNAL
INVESTIGATIONS.
Subsection (c) of section 209 of the Foreign Service Act of
1980 (22 U.S.C. 3929) is amended by adding at the end the
following new paragraph:
``(6) Required reporting of allegations and investigations
and inspector general authority.--
``(A) In general.--The head of a bureau, post, or other
office of the Department of State (in this paragraph referred
to as a `Department entity') shall submit to the Inspector
General a report of any allegation of--
``(i) waste, fraud, or abuse in a Department program or
operation;
``(ii) criminal or serious misconduct on the part of a
Department employee at the FS-1, GS-15, or GM-15 level or
higher;
``(iii) criminal misconduct on the part of a Department
employee; and
``(iv) serious, noncriminal misconduct on the part of any
Department employee who is authorized to carry a weapon, make
arrests, or conduct searches, such as conduct that, if
proved, would constitute perjury or material dishonesty,
warrant suspension as discipline for a first offense, or
result in loss of law enforcement authority.
``(B) Deadline.--The head of a Department entity shall
submit to the Inspector General a report of an allegation
described in subparagraph (A) not later than five business
days after the date on which the head of such Department
entity is made aware of such allegation.''.
SEC. 204. REPORT ON INSPECTOR GENERAL INSPECTION AND AUDITING
OF FOREIGN SERVICE POSTS AND BUREAUS AND OTHER
OFFICES OF THE DEPARTMENT.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Inspector General shall submit
to the appropriate congressional committees a report on the
requirement under section 209(a)(1) of the Foreign Service
Act of 1980 (22 U.S.C. 3929(a)(1)) that the Inspector General
inspect and audit, at least every five years, the
administration of activities and operations of each Foreign
Service post and each bureau or other office of the
Department.
(b) Consideration of Multi-tier System.--The report
required under subsection (a) shall assess the advisability
and feasibility of implementing a multi-tier system for
inspecting Foreign Service posts and bureaus and other
offices of the Department under section 209(a)(1) of the
Foreign Service Act of 1980 featuring more or less frequent
inspections and audits based on risk, including security
risk, as may be determined by the Inspector General.
SEC. 205. IMPLEMENTING GAO AND OIG RECOMMENDATIONS.
(a) Sense of Congress.--It is the sense of Congress that
the Department has not implemented all of the recommendations
made by the Government Accountability Office (GAO) and the
Office of the Inspector General (OIG) related to embassy
security and that some recommendations may yield potentially
significant cost savings to the Department.
(b) Briefing.--The Secretary shall provide a briefing to
the appropriate congressional committees detailing the
rationale for not implementing recommendations made by the
GAO and OIG related to embassy security or those that may
yield significant cost savings to the Department, if
implemented.
SEC. 206. INSPECTOR GENERAL SALARY LIMITATIONS.
Section 412 of the Foreign Service Act of 1980 (22 U.S.C.
3972) is amended by inserting after subsection (a) the
following new subsection:
``(b) The Inspector General of the United States Agency for
International Development (USAID) shall limit the payment of
special differentials to USAID Foreign Service criminal
investigators to levels at which the aggregate of basic pay
and special differential for any pay period would equal, for
such criminal investigators, the bi-weekly pay limitations on
premium pay regularly placed on other criminal investigators
within the Federal law enforcement community. This provision
shall be retroactive to January 1, 2013.''.
TITLE III--INTERNATIONAL ORGANIZATIONS
SEC. 301. 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 the following:
(1) To dramatically reduce the incidence of sexual
exploitation and abuse committed by civilian and military
personnel assigned to United Nations peacekeeping operations.
(2) To ensure the introduction and implementation by the
United Nations of improved training, oversight, and
accountability mechanisms for United Nations peacekeeping
operations and the personnel involved with such operations.
(3) To ensure swift justice for any such personnel who are
found to have committed sexual exploitation or abuse.
(4) To assist the United Nations and troop- or police-
contributing countries, as necessary and appropriate, 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 amendment of the model memorandum of understanding
and review of all current memorandums of understanding for
troop- or police-contributing countries participating in
United Nations peacekeeping operations to strengthen
provisions relating to the investigation, repatriation,
prosecution, and discipline of troops or police that are
credibly alleged to have engaged in cases of misconduct.
(2) The establishment of onsite courts-martial, as
appropriate, for the prosecution of crimes committed by
military peacekeeping personnel, that is consistent with each
peacekeeping operations' status of forces agreement with its
host country.
(3) The exploration of appropriate arrangements to waive
the immunity of civilian employees of the United Nations and
its specialized agencies, funds, and programs to enable the
prosecution of such employees who are credibly alleged to
have engaged in sexual exploitation, abuse, or other crimes.
(4) The creation of a United Nations Security Council
ombudsman office that--
(A) is authorized to conduct ongoing oversight of
peacekeeping operations;
(B) 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
(C) 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.
(5) The provision of guidance from the United Nations on
the establishment of a standing claims commission for each
peacekeeping operation--
(A) to address any grievances by a host country's civilian
population against United Nations personnel in cases of
alleged abuses by peacekeeping personnel; and
(B) 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.
(6) The adoption of a United Nations policy and plan that
increases the number of troop- or police-contributing
countries that--
(A) obtain and maintain DNA samples from each national of
such country who is a member of a United Nations military
contingent or formed police unit, consistent with national
laws, of such contingent or unit; and
(B) make such DNA samples available to investigators from
the troop- or police contributing country (except that such
should not be made available to the United Nations) if
allegations of sexual exploitation or abuse arise.
(7) 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 appropriate training, institutional reform,
and oversight mechanisms to prevent such problems from
recurring have been put in place.
(8) The implementation of 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--
(A) investigate allegations of sexual exploitation or abuse
involving nationals of such country; and
(B) ensure justice for those personnel determined to have
been responsible for such sexual exploitation or abuse.
(d) Implementation.--The United States Permanent
Representative to the United Nations shall use the voice,
vote, and influence of the United States at the United
Nations to advance the objectives of the strategy required by
subsection (a).
(e) Peacekeeping Training.--The United States should 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--
(1) 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;
[[Page H7165]]
(2) 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
(3) provide detailed reporting to the ombudsman described
in subsection (c)(4) (or other appropriate United Nations
official) that describes the offenses committed by the
nationals of such country and such country's responses to
such offenses.
(f) Assistance.--The United States should develop support
mechanisms to assist troop- or police-contributing countries,
as necessary and appropriate--
(1) to improve their capacity to investigate allegations of
sexual exploitation and abuse offenses committed by nationals
of such countries while participating in a United Nations
peacekeeping operation; and
(2) to appropriately hold accountable any individual who
commits an act of sexual exploitation or abuse.
(g) Human Rights Reporting.--In coordination with the
ombudsman described in subsection (c)(4) (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--
(1) are characterized by noteworthy patterns of sexual
exploitation or abuse; or
(2) have failed to institute appropriate institutional and
procedural reforms after being made aware of any such
patterns.
SEC. 302. 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 operations 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 referred to in paragraph (1); 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 operations should be
coordinated with the audits described in paragraph (2) to
ensure proper oversight and accountability.
SEC. 303. WITHHOLDING OF ASSISTANCE.
It is the policy of the United States that security
assistance should not be provided to any unit of the security
forces of a foreign country if such unit 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.
SEC. 304. UNITED NATIONS PEACEKEEPING ASSESSMENT FORMULA.
The Secretary 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
urge the United Nations to share the raw data used to
calculate Member State peacekeeping assessment rates and to
make available the formula for determining peacekeeping
assessments.
SEC. 305. 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. 306. REPORT ON UNITED STATES CONTRIBUTIONS TO THE UNITED
NATIONS RELATING TO PEACEKEEPING OPERATIONS.
(a) In General.--Paragraph (1) of section 4(c) 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 fiscal year;
``(ii) is expected to be provided during the fiscal year or
``(iii) is included in the annual budget request to
Congress for the forthcoming fiscal 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 new subparagraph:
``(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 (as
amended by subsection (a) of this section) on a publicly
available website.
SEC. 307. 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 to--
(1) call for the removal of any official of the United
Nations or of any United Nations agency, program, commission,
or fund who the Secretary has determined has failed to uphold
the highest standards of ethics and integrity established by
the United Nations, including such standards specified in
United Nations Codes of Conduct and Codes of Ethics, or 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) ensure that best practices with regard to whistleblower
protections are extended to all personnel serving the United
Nations or serving any United Nations agency, program,
commission, or fund, especially personnel participating in
United Nations peacekeeping operations, United Nations police
officers, United Nations staff, contractors, and victims of
misconduct, wrongdoing, or criminal behavior involving United
Nations personnel;
(3) ensure that the United Nations implements protective
measures for whistleblowers who report significant
allegations of misconduct, wrongdoing, or criminal behavior
by personnel serving the United Nations or serving any United
Nations agency, program, commission, or fund, especially
personnel participating in United Nations peacekeeping
operations, United Nations staff, or contractors,
specifically by implementing best practices for the
protection of such whistleblowers from retaliation,
including--
(A) protection against retaliation for internal and lawful
public disclosures;
(B) legal burdens of proof;
(C) statutes of limitation for reporting retaliation;
(D) access to independent adjudicative bodies, including
external arbitration; and
(E) results that eliminate the effects of proven
retaliation;
(4) insist that the United Nations provides adequate
redress to any whistleblower who has suffered from
retribution in violation of the protective measures specified
in paragraph (3), including reinstatement to any position
from which such whistleblower was wrongfully removed, or
reassignment to a comparable position at the same level of
pay, plus any compensation for any arrearage in salary to
which such whistleblower would have otherwise been entitled
but for the wrongful retribution;
(5) call for public disclosure of the number and general
description of--
(A) complaints submitted to the United Nations' Ethics
Office, local Conduct and Discipline teams, or other entity
designated to receive complaints from whistleblowers;
(B) determinations that probable cause exists to conduct an
investigation, and specification of the entity conducting
such investigation, including the Office of Internal
Oversight Services, the Office of Audit and Investigations
(for UNDP), the Office of Internal Audit (for UNICEF), and
the Inspector General's Office (for UNHCR);
(C) dispositions of such investigations, including
dismissal and referral for adjudication, specifying the
adjudicating entity, such as the United Nations Dispute
Tribunal; and
(D) results of adjudication, including disciplinary
measures proscribed and whether such measures were effected,
including information with respect to complaints regarding
allegations of sexual exploitation and abuse by United
Nations peacekeepers, allegations of fraud in procurement and
contracting, and all other allegations of misconduct,
wrongdoing, or criminal behavior;
[[Page H7166]]
(6) insist that the full, unredacted text of any
investigation or adjudication referred to in paragraph (5)
are made available to Member States upon request; and
(7) call for an examination of the feasibility of
establishing a stand-alone agency at the United Nations,
independent of the Secretary General, to investigate all
allegations of misconduct, wrongdoing, or criminal behavior,
reporting to the Member States of the General Assembly, paid
for from the United Nations regular budget, to replace
existing investigative bodies, including the Office of
Internal Oversight Services, the Office of Audit and
Investigations, the Office of Internal Audit, and the Office
of Inspector General of the Department of State and the
Broadcasting Board of Governors.
SEC. 308. ENCOURAGING EMPLOYMENT OF UNITED STATES CITIZENS AT
THE UNITED NATIONS.
Section 181 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 276c-4) is amended to
read as follows:
``SEC. 181. EMPLOYMENT OF UNITED STATES CITIZENS BY CERTAIN
INTERNATIONAL ORGANIZATIONS.
``Not later than 180 days after the date of the enactment
of the Department of State Authorization Act, Fiscal Year
2017, and annually thereafter for three years, the Secretary
of State shall submit to Congress a report that provides--
``(1) for each international organization that had a
geographic distribution formula in effect on January 1, 1991,
an assessment of whether that organization--
``(A) is taking good faith steps to increase the staffing
of United States citizens, including, as appropriate, as
assessment of any additional steps the organization could be
taking to increase such staffing; and
``(B) has met the requirements of its geographic
distribution formula; and
``(2) an assessment of United States representation among
professional and senior-level positions at the United
Nations, including--
``(A) an assessment of the proportion of United States
citizens employed at the United Nations Secretariat and at
all United Nations specialized agencies, funds, and programs
relative to the total employment at the United Nations
Secretariat and at all such agencies, funds, and programs;
``(B) an assessment of compliance by the United Nations
Secretariat and such agencies, funds, and programs with any
applicable geographic distribution formula; and
``(C) a description of any steps taken or planned to be
taken by the United States to increase the staffing of United
States citizens at the United Nations Secretariat and such
agencies, funds and programs.''.
SEC. 309. STATEMENT OF POLICY ON MEMBER STATE'S VOTING
PRACTICES AT THE UNITED NATIONS.
It is the policy of the United States to strongly consider
a Member State's voting practices at the United Nations
before entering into any agreements with the Member State.
SEC. 310. QUALIFICATIONS OF THE UNITED NATIONS SECRETARY
GENERAL.
(a) Sense of Congress.--The Secretary 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 urge each future candidate for the
position of the United Nations Secretary General to circulate
to the Member States of the General Assembly a description of
his or her priorities and objectives for leading the
organization and ensuring that it upholds the principles
outlined by the United Nations Charter, including specific
recommendations to improve strategic planning and enact far-
reaching management, performance, and accountability reforms.
(b) Proposal for United Nations Reform.--The descriptions
referred to in subsection (a) shall include the following
elements:
(1) A process for determining the goals, objectives, and
benchmarks for the timely withdrawal of peacekeeping forces
prior to the approval by the United Nations Security Council
of a new or expanded peacekeeping operation.
(2) A proposal for ensuring that the numbers and
qualifications of staff are clearly aligned with the specific
needs of each United Nations agency, mission, and program,
including measures to ensure that such agencies, missions,
and programs have the flexibility needed to hire and release
employees as workforce needs change over time.
(c) Statement of Policy.--It is the policy of the United
States to withhold support for any candidate for the position
of United Nations Secretary General unless such candidate has
produced a clear vision for leading the United Nations,
including a robust reform agenda as described in subsection
(b), and circulated such l to the Member States of the
General Assembly.
SEC. 311. POLICY REGARDING THE UNITED NATIONS HUMAN RIGHTS
COUNCIL.
(a) Sense of Congress.--It is the sense of Congress that
the United States should use its voice, vote, and influence
at the United Nations to work to ensure that--
(1) the United Nations Human Rights Council takes steps to
remove permanent items on the United Nations Human Rights
Council's agenda or program of work that target or single out
a specific country or a specific territory or territories;
(2) the United Nations Human Rights Council does not
include a Member State of the United Nations--
(A) subject to sanctions by the United Nations Security
Council;
(B) under a United Nations Security Council-mandated
investigation for human rights abuses;
(C) which the Secretary has determined, for purposes of
section 6(j) of the Export Administration Act of 1979 (as
continued in effect pursuant to the International Emergency
Economic Powers Act), section 40 of the Arms Export Control
Act, section 620A of the Foreign Assistance Act of 1961, or
other provision of law, is a government that has repeatedly
provided support for acts of international terrorism; or
(D) which the President has designated as a country of
particular concern for religious freedom under section 402(b)
of the International Religious Freedom Act of 1998; and
(3) the percentage of United States citizens employed at
the senior level in each of the Research and Right to
Development Division, the Human Rights Treaties Division, the
Field Operations and Technical Cooperation Division, and the
Human Rights Council and Special Procedures Division of the
United Nations Human Rights Office of the High Commissioner
during the most recently completed plenary session of the
United Nations General Assembly is at least equivalent to the
percentage of the total United States assessed contribution
to the United Nations regular budget during such plenary
session of the United Nations General Assembly.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter for each of
the following five years, the Secretary shall submit to the
appropriate congressional committees a report that
describes--
(1) the resolutions that were considered in the United
Nations Human Rights Council during the previous 12 months;
(2) the steps that have been taken during that 12-month
period to remove permanent items on the United Nations Human
Rights Council's agenda or program of work that target or
single out a specific country or a specific territory or
territories;
(3) a detailed list of any country currently on, or running
for a seat on, the United Nations Human Rights Council that
meets any of the criteria described in subparagraph (A), (B),
(C), or (D) of subsection (a)(3); and
(4) the current employment breakdown by nationality at each
of the four major divisions of the United Nations Human
Rights Office of the High Commissioner as specified in
subsection (a)(4).
SEC. 312. ADDITIONAL REPORT ON OTHER UNITED STATES
CONTRIBUTIONS TO THE UNITED NATIONS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act and annually thereafter, the
Director of the Office of Management and Budget shall submit
to Congress a report on all assessed and voluntary
contributions with a value greater than $100,000, including
in-kind, of the United States Government to the United
Nations and its affiliated agencies and related bodies during
the previous fiscal year.
(b) Content.--The report required under subsection (a)
shall include the following elements:
(1) The total amount of all assessed and voluntary
contributions, including in-kind, of the United States
Government to the United Nations and its affiliated agencies
and related bodies during the previous fiscal year.
(2) The approximate percentage of United States Government
contributions to each United Nations affiliated agency or
body in such fiscal year when compared with all contributions
to each such agency or body from any source in such fiscal
year.
(3) For each such United States Government contribution--
(A) the amount of each such contribution;
(B) a description of each such contribution (including
whether assessed or voluntary);
(C) the department or agency of the United States
Government responsible for each such contribution;
(D) the purpose of each such contribution; and
(E) the United Nations or its affiliated agency or related
body receiving the contribution.
(c) Scope of Initial Report.--The first report required
under subsection (a) shall include the information required
under this section for the previous three fiscal years.
(d) Public Availability of Information.--Not later than 14
days after submitting a report required under subsection (a),
the Director of the Office of Management and Budget shall
post a public version of such report on a text-based,
searchable, and publicly available Internet Web site.
SEC. 313. COMPARATIVE REPORT ON PEACEKEEPING OPERATIONS.
Not later than one year after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to the appropriate congressional committees a report
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 operations 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
[[Page H7167]]
(B) a peacekeeping operation led by the United Nations.
TITLE IV--PERSONNEL AND ORGANIZATIONAL ISSUES
SEC. 401. 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 each such 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 each such post.
(b) Exception.--The prevailing wage rate goal established
under subsection (a) shall not apply if compliance with such
subsection would be inconsistent with applicable United
States law, the law in the locality of employment, or the
public interest.
(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 five years; and
(2) shall be made available to the appropriate
congressional committees upon request.
SEC. 402. 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 one year of
the date of the enactment of this Act;
(2) analyze the costs and benefits of further expansion of
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. 403. 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
new paragraph:
``(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 such individual completing
at least one tour in--
``(i) a global affairs bureau; or
``(ii) a global affairs position.
``(B) The requirements under subparagraph (A) shall not
apply if the Secretary 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 such individual to be assigned to
such a position.
``(C) In this paragraph--
``(i) the term `global affairs bureau' means any bureau of
the Department that is under the responsibility of--
``(I) the Under Secretary for Economic Growth, Energy, and
Environment;
``(II) the Under Secretary for Arms Control and
International Security Affairs;
``(III) the Under Secretary for Management;
``(IV) the Assistant Secretary for International
Organization Affairs;
``(V) the Under Secretary for Public Diplomacy and Public
Affairs; or
``(VI) the Under Secretary for Civilian, Security,
Democracy, and Human Rights; and
``(ii) the term `global affairs position' means any
position funded with amounts appropriated to the Department
under the heading `Diplomatic Policy and Support'.''.
SEC. 404. LATERAL ENTRY INTO THE FOREIGN SERVICE.
(a) 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.
(b) Pilot Program.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall establish a
three-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 such pilot program placement in
the Foreign Service at a grade level higher than FS-4 if such
placement is warranted by the education and qualifying
experience of such individuals;
(4) requires only one directed assignment in a position
appropriate to such pilot program participant's grade level;
(5) includes, as part of the required initial training, a
class or module that specifically prepares participants in
such pilot program for life in the Foreign Service, including
conveying to such participants 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 such
pilot program by a review board consisting of Department
officials with appropriate expertise, including employees of
the Foreign Service, in order to evaluate such pilot
program's success.
(c) Annual Reporting.--Not later than one year after the
date of the enactment of this Act and annually thereafter for
the duration of the pilot program described in subsection
(b), the Secretary shall submit to the appropriate
congressional committees a report that describes the
following:
(1) The cumulative number of accepted and unaccepted
applicants to such pilot program.
(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 such pilot program,
including--
(A) the operation of such pilot program to date; and
(B) any observations and lessons learned about such pilot
program that the Secretary considers relevant.
(d) Longitudinal Data.--The Secretary shall--
(1) collect and maintain data on the career progression of
each pilot program participant for the length of each
participant's Foreign Service career; and
(2) make the data described in paragraph (1) available to
the appropriate congressional committees upon request.
SEC. 405. REEMPLOYMENT OF ANNUITANTS AND WORKFORCE
RIGHTSIZING.
(a) Waiver of Annuity Limitations.--Subsection (g) of
section 824 of the Foreign Service Act of 1980 (22 U.S.C.
4064) 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.--Subsection (a) of section
61 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2733) 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.''.
(c) Rightsizing Report.--On the date on which the
President's annual budget request is submitted to Congress
each year through 2022, the Secretary shall submit to the
appropriate congressional committees a report that describes
the implementation status of all rightsizing recommendations
made by the Office of Management, Policy, Rightsizing, and
Innovation of the Department related to overseas staffing
levels, including whether each such recommendation was
accepted or rejected by the relevant chief of mission and
regional bureau.
SEC. 406. INTEGRATION OF FOREIGN ECONOMIC POLICY.
(a) In General.--The Secretary, in conjunction with the
Under Secretary of Economic Growth, Energy, and the
Environment, shall establish--
(1) foreign economic policy priorities for each regional
bureau, including for individual countries, as appropriate;
and
(2) policies and guidance for integrating such foreign
economic policy priorities throughout the Department.
(b) Deputy Assistant Secretary.--Within each regional
bureau of the Department, the Secretary shall task an
existing Deputy Assistant Secretary with appropriate training
and background in economic and commercial affairs with the
responsibility for economic matters and interests within the
responsibilities of each such regional bureau, including the
integration of the foreign economic policy priorities
established pursuant to subsection (a).
(c) Training.--The Secretary shall establish curriculum at
the George P. Shultz National Foreign Affairs Training Center
to develop the practical foreign economic policy expertise
and skill sets of Foreign Service officers, including by
making available distance-learning courses in commercial,
economic, and business affairs, including in the following:
(1) The global business environment.
(2) The economics of development.
(3) Development and infrastructure finance.
(4) Current trade and investment agreements negotiations.
(5) Implementing existing multilateral and World Trade
Organization agreements, and United States trade and
investment agreements.
(6) Best practices for customs and export procedures.
(7) Market analysis and global supply chain management.
SEC. 407. TRAINING SUPPORT SERVICES.
Subparagraph (B) of section 704(a)(4) of the Foreign
Service Act of 1980 (22 U.S.C. 4024(a)(4)) is amended by
striking ``language
[[Page H7168]]
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. 408. SPECIAL AGENTS.
(a) In General.--Paragraph (1) of section 37(a) of the
State Department Basic Authorities Act of 1956 (22 U.S.C.
2709(a)) 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, or 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 such 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.
SEC. 409. LIMITED APPOINTMENTS IN THE FOREIGN SERVICE.
Section 309 of the Foreign Service Act of 1980 (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'';
(ii) in such subparagraph (A) (as so inserted and
designated by clause (i) of this subparagraph), by inserting
``or'' after the semicolon at the end; and
(iii) by adding at the end the following new subparagraph:
``(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;'';
(B) in paragraph (4), by striking ``and'' at the end;
(C) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following new paragraph:
``(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 one 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 new subsection:
``(c)(1) Except as provided in paragraph (2) noncareer
employees who have served for five consecutive years under a
limited appointment under this section may be reappointed to
a subsequent noncareer limited appointment if there is at
least a one-year break in service before such new
appointment.
``(2) The Secretary may waive the one-year break
requirement under paragraph (1) in cases of special need.''.
SEC. 410. REPORT ON DIVERSITY RECRUITMENT, EMPLOYMENT,
RETENTION, AND PROMOTION.
(a) In General.--The Secretary should provide oversight to
the employment, retention, and promotion of traditionally
under-represented minority 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 a wide diversity of
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 shall submit to Congress a comprehensive report
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, including
equal opportunity for all traditionally under-represented
minority groups.
SEC. 411. 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 to the
appropriate congressional committees a report 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 four 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
such subsection for such location if the Secretary submits to
the appropriate congressional committees written notice and
an explanation of the reasons for such waiver.
SEC. 412. TECHNICAL AMENDMENT TO FEDERAL WORKFORCE
FLEXIBILITY ACT.
Chapter 57 of title 5, United States Code, is amended--
(1) in subparagraph (A) of section 5753(a)(2), 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 subparagraph (A) of section 5754(a)(2), by inserting
``, excluding members of the Foreign Service other than
chiefs of mission and ambassadors at large'' before the
semicolon at the end.
SEC. 413. RETENTION OF MID- AND SENIOR-LEVEL PROFESSIONALS
FROM TRADITIONALLY UNDER-REPRESENTED MINORITY
GROUPS.
The Secretary should provide attention and oversight to the
employment, retention, and promotion of traditionally under-
represented minority groups to promote a diverse
representation among mid- and senior-level career
professionals through programs such as--
(1) the International Career Advancement Program;
(2) Seminar XXI at the Massachusetts Institute of
Technology's Center for International Studies; and
(3) other highly respected international leadership
programs.
SEC. 414. EMPLOYEE ASSIGNMENT RESTRICTIONS.
(a) Appeal of Assignment Restriction.--The Secretary shall
establish a right and process for employees to appeal any
assignment restriction or preclusion.
(b) Certification.--Upon full implementation of a right and
process for employees to appeal an assignment restriction or
preclusion under subsection (a), the Secretary shall submit
to the appropriate congressional committee a report that--
(1) certifies that such process has been fully implemented;
(2) includes a detailed description of such process; and
(3) details the number and nature of assignment
restrictions and preclusions for the previous three years.
(c) Notice.--The Secretary shall--
(1) publish in the Foreign Affairs Manual information
relating to the right and process established pursuant to
subsection (a); and
(2) include a reference to such publication in the report
required under subsection (b).
(d) Prohibiting Discrimination.--Paragraph (2) of section
502(a) of the Foreign Service Act of 1980 (22 U.S.C. 3982(a))
is amended--
(1) by inserting ``or prohibited from being assigned to''
after ``assigned to''; and
(2) by striking ``exclusively''.
SEC. 415. SECURITY CLEARANCE SUSPENSIONS.
(a) In General.--Section 610 of the Foreign Service Act of
1980 (22 U.S.C. 4010) is amended--
(1) by striking the section heading and inserting the
following: ``separation for cause; suspension''; and
(2) by adding at the end the following new subsection:
``(c)(1) In order to promote the efficiency of the Service,
the Secretary may suspend a member of the Service when--
``(A) the member's security clearance is suspended; or
``(B) there is reasonable cause to believe that the member
has committed a crime for which a sentence of imprisonment
may be imposed.
``(2) Any member of the Service for whom a suspension is
proposed under this subsection shall be entitled to--
``(A) written notice stating the specific reasons for the
proposed suspension;
``(B) a reasonable time to respond orally and in writing to
the proposed suspension;
``(C) obtain at such member's own expense representation by
an attorney or other representative; and
``(D) a final written decision, including the specific
reasons for such decision, as soon as practicable.
``(3) Any member suspended under this subsection may file a
grievance in accordance with the procedures applicable to
grievances under chapter 11 of title I.
``(4) If a grievance is filed pursuant to paragraph (3)--
[[Page H7169]]
``(A) the review by the Foreign Service Grievance Board
shall be limited to a determination of whether the provisions
of paragraphs (1) and (2) have been fulfilled; and
``(B) the Board may not exercise the authority provided
under section 1106(8).
``(5) In this subsection:
``(A) The term `reasonable time' means--
``(i) with respect to a member of the Service assigned to
duty in the United States, 15 days after receiving notice of
the proposed suspension; and
``(ii) with respect to a member of the Service assigned to
duty outside the United States, 30 days after receiving
notice of the proposed suspension.
``(B) The terms `suspend' and `suspension' mean placing a
member of the Foreign Service in a temporary status without
duties.''.
(b) Clerical Amendment.--The table of contents in section 2
of the Foreign Service Act of 1980 is amended by striking the
item relating to section 610 and inserting the following new
item:
``Sec. 610. Separation for cause; Suspension.''.
SEC. 416. SENSE OF CONGRESS ON THE INTEGRATION OF POLICIES
RELATED TO THE PARTICIPATION OF WOMEN IN
PREVENTING AND RESOLVING CONFLICTS.
It is the sense of Congress that--
(1) within each regional bureau of the Department, the
Secretary should task an existing Deputy Assistant Secretary
with the responsibility for overseeing the integration of
policy priorities related to the importance of the
participation of women in preventing and resolving conflicts;
and
(2) the Director of the George P. Shultz National Foreign
Affairs Training Center should incorporate at least one
training session related to the importance of the
participation of women in preventing and resolving conflicts
into--
(A) the A-100 course attended by Foreign Service Officers;
and
(B) with respect to Foreign Service Officers who have
completed the A-100 course, at least one training course that
will be completed not later than the date that is 1 year
after the date of the enactment of this Act.
SEC. 417. FOREIGN SERVICE FAMILIES WORKFORCE STUDY.
Not later than 180 days after the date of the enactment of
this Act, the Secretary shall submit to the appropriate
congressional committees a report on workforce issues and
challenges to career opportunities pertaining to tandem
couples in the Foreign Service as well as couples with
respect to which only one spouse is in the Foreign Service.
SEC. 418. SPECIAL ENVOYS, REPRESENTATIVES, ADVISORS, AND
COORDINATORS OF THE DEPARTMENT.
Not later than 90 days after the date of the enactment of
this Act, the Secretary shall submit to the appropriate
congressional committees a report on special envoys,
representatives, advisors, and coordinators of the
Department, that includes--
(1) a tabulation of the current names, ranks, positions,
and responsibilities of all special envoy, representative,
advisor, and coordinator positions at the Department, with a
separate accounting of all such positions at the level of
Assistant Secretary (or equivalent) or above; and
(2) for each position identified pursuant to paragraph
(1)--
(A) the date on which such position was created;
(B) the mechanism by which such position was created,
including the authority under which such position was
created;
(C) such positions authorized under section (d) of section
1 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a);
(D) a description of whether, and the extent to which, the
responsibilities assigned to such position duplicate the
responsibilities of other current officials within the
Department, including other special envoys, representatives,
advisors, and coordinators;
(E) which current official of the Department would be
assigned the responsibilities of such position in the absence
of such position;
(F) to which current official of the Department such
position directly reports;
(G) the total number of staff assigned to support such
position; and
(H) with the exception of positions created by statute, a
detailed explanation of the necessity of such position to the
effective conduct of the foreign affairs of the United
States.
SEC. 419. COMBATING ANTI-SEMITISM.
Not later than 180 days after the date of the enactment of
this Act, the Special Envoy to Monitor and Combat Anti-
Semitism of the Office to Monitor and Combat Anti-Semitism of
the Department shall provide to the appropriate congressional
committees a briefing on United States support to, and
opportunities to coordinate with, American and European
Jewish and other civil society organizations, focusing on
youth, to combat anti-Semitism and other forms of religious,
ethnic, or racial intolerance in Europe.
TITLE V--CONSULAR AUTHORITIES
SEC. 501. 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 new subsection:
``(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
on Consular Relations, of April 24, 1963 (T.I.A.S. 6820),
entered into force for the United States on December 24,
1969.
``(2) Consultation.--Before exercising the authority under
paragraph (1), the Secretary of State shall consult with the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate
regarding 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. 502. PASSPORTS MADE IN THE UNITED STATES.
(a) Sense of Congress.--It is the sense of Congress that
all components of United States passports, including all
passport security features, should be printed, manufactured,
and assembled exclusively within the United States by United
States companies and personnel, contractors, and
subcontractors with appropriate security clearances.
(b) Briefings.--The Secretary, in coordination with the
heads of other relevant Federal agencies, shall provide a
briefing, which may be given in a classified environment if
necessary, to the appropriate congressional committees that
includes the following details:
(1) A list of all components of the United States passport
made outside the United States.
(2) The costs of all components of the United States
passports made outside the United States.
(3) Comparable costs to produce and procure in the United
States the items identified in paragraphs (1) and (2).
TITLE VI--WESTERN HEMISPHERE DRUG POLICY COMMISSION
SEC. 601. ESTABLISHMENT.
There is established an independent commission to be known
as the ``Western Hemisphere Drug Policy Commission'' (in this
title referred to as the ``Commission'').
SEC. 602. DUTIES.
(a) Review of Illicit Drug Control Policies.--The
Commission shall conduct a comprehensive review of United
States foreign policy in the Western Hemisphere to reduce the
illicit drug supply and drug abuse and reduce the damage
associated with illicit drug markets and trafficking. The
Commission shall also identify policy and program options to
improve existing international counternarcotics policy. The
review shall include the following topics:
(1) An evaluation of United States-funded international
illicit drug control programs in the Western Hemisphere,
including drug interdiction, crop eradication, alternative
development, drug production surveys, police and justice
sector training, demand reduction, and strategies to target
drug kingpins.
(2) An evaluation of the impact of United States
counternarcotics assistance programs in the Western
Hemisphere, including the Colombia Strategic Development
Initiative, the Merida Initiative, the Caribbean Basin
Security Initiative and the Central America Regional Security
Initiative, in curbing drug production, drug trafficking, and
drug-related violence and improving citizen security.
(3) An evaluation of how the President's annual
determination of major drug-transit and major illicit drug
producing countries pursuant to section 706 of the Foreign
Relations Authorization Act, Fiscal Year 2003 (22 U.S.C.
2291j-1) serves United States interests with respect to
United States international illicit drug control policies.
(4) An evaluation of whether the proper indicators of
success are being used to evaluate United States
international illicit drug control policy.
(5) An evaluation of United States efforts to stop illicit
proceeds from drug trafficking organizations from entering
the United States financial system.
(6) An evaluation of the links between the illegal
narcotics trade in the Western Hemisphere and terrorist
activities around the world.
(7) An evaluation of United States efforts to combat narco-
terrorism in the Western Hemisphere.
(8) An evaluation of the financing of foreign terrorist
organizations by drug trafficking organizations and an
evaluation of United States efforts to stop such activities.
(9) An evaluation of alternative drug policy models in the
Western Hemisphere.
(10) An evaluation of the impact of local drug consumption
in Latin America and the Caribbean in promoting violence and
insecurity.
(11) Recommendations on how best to improve United States
counternarcotics policies in the Western Hemisphere.
(b) Coordination With Governments, International
Organizations, and Nongovernmental Organizations in the
Western Hemisphere.--In conducting the review required under
subsection (a), the Commission is encouraged to consult
with--
(1) government, academic, and nongovernmental leaders, as
well as leaders from international organizations, from
throughout the
[[Page H7170]]
United States, Latin America, and the Caribbean; and
(2) the Inter-American Drug Abuse Control Commission
(CICAD).
(c) Report.--
(1) In general.--Not later than 18 months after the first
meeting of the Commission, the Commission shall submit to the
Committee on Foreign Affairs of the House of Representatives,
the Committee on Foreign Relations of the Senate, the
Secretary, and the Director of the Office of National Drug
Control Policy a report that contains--
(A) a detailed statement of the recommendations, findings,
and conclusions of the Commission under subsection (a); and
(B) summaries of the input and recommendations of the
leaders and organizations with which the Commission consulted
under subsection (b).
(2) Public availability.--The report required under this
subsection shall be made available to the public.
SEC. 603. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be
composed of ten members to be appointed as follows:
(1) The majority leader and minority leader of the Senate
shall each appoint two members.
(2) The Speaker and the minority leader of the House of
Representatives shall each appoint two members.
(3) The President shall appoint two members.
(b) Prohibition.--
(1) In general.--The Commission may not include--
(A) Members of Congress; or
(B) Federal, State, or local government officials.
(2) Member of congress.--In this subsection, the term
``Member of Congress'' includes a Delegate or Resident
Commissioner to the Congress.
(c) Appointment of Initial Members.--The initial members of
the Commission shall be appointed not later than 30 days
after the date of the enactment of this Act.
(d) Vacancies.--Any vacancies shall not affect the power
and duties of the Commission, but shall be filled in the same
manner as the original appointment. An appointment required
by subsection (a) should be made within 90 days of a vacancy
on the Commission.
(e) Period of Appointment.--Each member shall be appointed
for the life of the Commission.
(f) Initial Meeting and Selection of Chairperson.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Commission shall hold an
initial meeting to develop and implement a schedule for
completion of the review and report required under section
362.
(2) Chairperson.--At the initial meeting, the Commission
shall select a Chairperson from among its members.
(g) Quorum.--Six members of the Commission shall constitute
a quorum.
(h) Compensation.--Members of the Commission--
(1) shall not be considered to be a Federal employee for
any purpose by reason of service on the Commission; and
(2) shall serve without pay.
(i) Travel Expenses.--Members shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United
States Code, while away from their homes or regular places of
business in performance of services for the Commission.
SEC. 604. POWERS.
(a) Meetings.--The Commission shall meet at the call of the
Chairperson or a majority of its members.
(b) Hearings.--The Commission may hold such hearings and
undertake such other activities as the Commission determines
necessary to carry out its duties.
(c) Other Resources.--
(1) Documents, statistical data, and other such
information.--
(A) In general.--The Library of Congress, the Office of
National Drug Control Policy, the Department, and any other
Federal department or agency shall, in accordance with the
protection of classified information, provide reasonable
access to documents, statistical data, and other such
information the Commission determines necessary to carry out
its duties.
(B) Obtaining information.--The Chairperson of the
Commission shall request the head of an agency described in
subparagraph (A) for access to documents, statistical data,
or other such information described in such subparagraph that
is under the control of such agency in writing when
necessary.
(2) Office space and administrative support.--The
Administrator of General Services shall make office space
available for day-to-day activities of the Commission and for
scheduled meetings of the Commission. Upon request, the
Administrator shall provide, on a reimbursable basis, such
administrative support as the Commission requests to fulfill
its duties.
(d) Authority to Use United States Mails.--The Commission
may use the United States mails in the same manner and under
the same conditions as other departments and agencies of the
United States.
(e) Authority to Contract.--
(1) In general.--Subject to the Federal Property and
Administrative Services Act of 1949, the Commission is
authorized to enter into contracts with Federal and State
agencies, private firms, institutions, and individuals for
the conduct of activities necessary to the discharge of its
duties under section 602.
(2) Termination.--A contract, lease, or other legal
agreement entered into by the Commission may not extend
beyond the date of termination of the Commission.
SEC. 605. STAFF.
(a) Director.--The Commission shall have a Director who
shall be appointed by a majority vote of the Commission. The
Director shall be paid at a rate not to exceed the rate of
basic pay for level IV of the Executive Schedule.
(b) Staff.--
(1) In general.--With the approval of the Commission, the
Director may appoint such personnel as the Director
determines to be appropriate. Such personnel shall be paid at
a rate not to exceed the rate of basic pay for level IV of
the Executive Schedule.
(2) Additional staff.--The Commission may appoint and fix
the compensation of such other personnel as may be necessary
to enable the Commission to carry out its duties, without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and
without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of such title relating to classification
and General Schedule pay rates, except that no rate of pay
fixed under this subsection may exceed the equivalent of that
payable to a person occupying a position at level V of the
Executive Schedule.
(c) Experts and Consultants.--With the approval of the
Commission, the Director may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code.
(d) Detail of Government Employees.--Upon the request of
the Commission, the head of any Federal agency may detail,
without reimbursement, any of the personnel of such agency to
the Commission to assist in carrying out the duties of the
Commission. Any such detail shall not interrupt or otherwise
affect the civil service status or privileges of the
personnel.
(e) Volunteer Services.--Notwithstanding section 1342 of
title 31, United States Code, the Commission may accept and
use voluntary and uncompensated services as the Commission
determines necessary.
SEC. 606. SUNSET.
The Commission shall terminate on the date that is 60 days
after the date on which the Commission submits its report to
Congress pursuant to section 602(c).
TITLE VII--MISCELLANEOUS PROVISIONS
SEC. 701. 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 new section:
``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), such
member shall be entitled to the salary and benefits to which
such 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 an exchange program authorized pursuant to
subsection (a) shall be paid by such government or entity
during the period in which such employee is participating in
such 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 such assignment,
if such is in the interests of the United States.
``(d) Rule of Construction.--Nothing in this section may be
construed to authorize the appointment as an officer or
employee of the United States of--
``(1) an individual whose allegiance is to any country,
government, or foreign or international entity other than to
the United States; or
``(2) 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.''.
[[Page H7171]]
SEC. 702. UNITED STATES ADVISORY COMMISSION ON PUBLIC
DIPLOMACY.
(a) In General.--Section 1334 of the Foreign Affairs Reform
and Restructuring Act of 1998 (22 U.S.C. 6553) is amended by
striking ``October 1, 2015'' and inserting ``October 1,
2020''.
(b) Retroactivity of Effective Date.--The amendment made by
subsection (a) shall take effect as of October 1, 2016. Any
lapse in powers, authorities, or responsibilities of the
United States Advisory Commission on Public Diplomacy from
the period beginning on October 1, 2016, and ending on the
date of the enactment of this Act, shall be deemed to have
not so lapsed.
SEC. 703. BROADCASTING BOARD OF GOVERNORS.
(a) Broadcasting to Asia.--Section 309 of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (22
U.S.C. 6208) is amended--
(1) in subsection (a)(1), by striking ``the following
countries'' and all that follows through the period at the
end and inserting ``Asia.''; and
(2) in subsection (b)(1), by striking ``the respective
countries of''.
(b) Prohibitions.--
(1) In general.--Notwithstanding any other provision of
law, any change to the Federal status of--
(A) the Cuba Service established pursuant to section 4 of
the Radio Broadcasting to Cuba Act (22 U.S.C. 1465b; Public
Law 98-111) is prohibited unless such section is explicitly
repealed and such service is dissolved by an Act of Congress
enacted on or after the date of the enactment of this Act;
and
(B) the Television Marti Service established by section
244(a) of Television Broadcasting to Cuba Act (22 U.S.C.
1465cc; Public Law 101-246) is prohibited unless such section
is explicitly repealed and such service is dissolved by an
Act of Congress enacted on or after the date of the enactment
of this Act.
(2) Definition.--In this subsection, the term ``change to
the Federal status'', with respect to a service referred to
in subparagraph (A) or (B) of paragraph (1), includes any
significant restructuring, privatization, subordination to a
private or private-public entity, or merger with a private or
public-private entity of such service.
(c) Sense of Congress.--It is the sense of Congress that
the Broadcasting Board of Governors should start broadcasting
in the Sindhi language.
SEC. 704. REWARDS FOR JUSTICE.
(a) Rewards Authorized.--
(1) In general.--Section 36(b) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2708(b)) is amended
in paragraphs (4) and (5) by striking ``or (9)'' each place
it appears and inserting ``(9), or (10)''.
(2) Reports; definitions.--Section 36 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2708) is
amended--
(A) in subsection (g), by adding at the end the following
new paragraph:
``(4) Reports on rewards authorized.--Not less than 15 days
after a reward is authorized under this section, the
Secretary of State shall submit to the appropriate
congressional committees a report, which may be submitted in
classified form if necessary to protect intelligence sources
and methods, detailing information about the reward,
including the identity of the individual for whom the reward
is being made, the amount of the reward, the acts with
respect to which the reward is being made, and how the reward
is being publicized.''; and
(B) in subsection (k)(2), by striking ``International
Relations'' and inserting ``Foreign Affairs''.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) take effect on the date of the enactment of this Act
and apply with respect to any reward authorized under section
36 of the State Department Basic Authorities Act of 1956 (as
so amended) on or after such date.
(b) Extraditions.--
(1) Sense of congress.--It is the sense of Congress that
the refusal by other countries to extradite or otherwise
render to the United States fugitives who have been indicted
or convicted within the United States for serious crimes,
including murder, hijacking, and acts of domestic terrorism,
is an impediment to justice, undermines international
security, and deserves high level diplomatic efforts toward
resolution.
(2) Briefing requirement.--Not later than 90 days after the
date of the enactment of this Act, the President shall
provide to Congress a briefing related to the issues raised
in paragraph (1), including--
(A) the number of fugitives and others for whom the United
States Government is seeking extradition or rendition, both
in total and listed by country;
(B) the average length of time such extradition or
rendition requests have been outstanding, both in general and
by country;
(C) discussion of diplomatic and other efforts the United
States has undertaken to secure the return of such fugitives;
(D) discussion of factors that have been barriers to the
resolution of such cases; and
(E) information on the number of United States citizens
whose extradition has been sought by foreign governments
during the past five years, both in total and listed by
country, and a discussion of the outcome of such requests.
SEC. 705. EXTENSION OF PERIOD FOR REIMBURSEMENT OF SEIZED
COMMERCIAL FISHERMEN.
Subsection (e) of section 7 of the Fishermen's Protective
Act of 1967 (22 U.S.C. 1977) is amended by striking ``2008''
and inserting ``2018''.
SEC. 706. EXPANSION OF THE CHARLES B. RANGEL INTERNATIONAL
AFFAIRS PROGRAM, THE THOMAS R. PICKERING
FOREIGN AFFAIRS FELLOWSHIP PROGRAM, AND THE
DONALD M. PAYNE INTERNATIONAL DEVELOPMENT
FELLOWSHIP PROGRAM.
(a) Additional Fellowships Authorized.--Beginning in fiscal
year 2017, the Secretary shall--
(1) increase by ten the number of fellows selected for the
Charles B. Rangel International Affairs Program;
(2) increase by ten the number of fellows selected for the
Thomas R. Pickering Foreign Affairs Fellowship Program; and
(3) increase by five the number of fellows selected for the
Donald M. Payne International Development Fellowship Program.
(b) Rule of Construction.--Nothing in this section may be
construed as authorizing the hiring of additional personnel
at the Department beyond existing, projected hiring patterns.
SEC. 707. GAO REPORT ON DEPARTMENT CRITICAL
TELECOMMUNICATIONS EQUIPMENT OR SERVICES
OBTAINED FROM SUPPLIERS CLOSELY LINKED TO A
LEADING CYBER-THREAT ACTOR.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to Congress a report on any
critical telecommunications equipment, technologies, or
services obtained or used by the Department or its
contractors or subcontrators that is--
(1) manufactured by a foreign supplier, or a contractor or
subcontractor of such supplier, that is closely linked to a
leading cyber-threat actor; or
(2) from an entity that incorporates or utilizes
information technology manufactured by a foreign supplier, or
a contractor or subcontractor of such supplier, that is
closely linked to a leading cyber-threat actor.
(b) Form.--The report shall be submitted in unclassified
form, but may include a classified annex.
(c) Definitions.--In this section:
(1) Leading cyber-threat actor.--The term ``leading cyber-
threat actor'' means a country identified as a leading threat
actor in cyberspace in the report entitled ``Worldwide Threat
Assessment of the US Intelligence Community'', dated February
9, 2016.
(2) Closely linked.--The term ``closely linked'', with
respect to a foreign supplier, contractor, or subcontrator
and a leading cyber-threat actor, means the foreign supplier,
contractor, or subcontractor--
(A) has ties to the military forces of such actor;
(B) has ties to the intelligence services of such actor;
(C) is the beneficiary of significant low interest or no-
interest loans, loan forgiveness, or other support of such
actor; or
(D) is incorporated or headquartered in the territory of
such actor.
SEC. 708. IMPLEMENTATION PLAN FOR INFORMATION TECHNOLOGY AND
KNOWLEDGE MANAGEMENT.
Not later than 90 days after the date of the enactment of
this Act, the Secretary shall submit to the appropriate
congressional committees an implementation plan, including
timelines and resources, required to--
(1) establish a hub for analytics, data science, strategy,
and knowledge management at the Department; and
(2) migrate suitable information technology (as such term
is defined in section 11101(6) of title 40 United States
Code) to a cloud computing service or a cloud-based solution.
SEC. 709. RANSOMS TO FOREIGN TERRORIST ORGANIZATIONS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the President, in consultation
with the Secretary, shall transmit to the appropriate
congressional committees a report covering the previous
calendar providing the following details:
(1) Which foreign governments are believed to have
facilitated, directly or indirectly, the payment of ransoms.
(2) Which foreign terrorist organizations received payments
from foreign governments identified in paragraph (1).
(3) The amount of each such payment.
(4) The means of delivering such payments.
(5) A summary of the efforts of the United States to
counter such payments.
(6) Recommendations for improving coordination among the
foreign allies of the United States to not pay ransoms.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form, may include a classified
annex, shall be made available to the public by posting the
unclassified form of such report on the website of the
Department, and may be included in any other report that is
required to be made public.
SEC. 710. STRATEGY TO COMBAT TERRORIST USE OF SOCIAL MEDIA.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the President shall transmit to
the appropriate congressional committees a report on United
States strategy to combat terrorists' and terrorist
organizations' use of social media consistent with the
President's 2011 ``Strategic Implementation Plan for
Empowering Local Partners to Prevent Violent Extremism in the
United States''.
(b) Elements.--The report required by subsection (a) shall
include the following:
[[Page H7172]]
(1) An evaluation of what role social media plays in
radicalization in the United States and elsewhere.
(2) An analysis of how terrorists and terrorist
organizations are using social media, including trends.
(3) A summary of the Federal Government's efforts to
disrupt and counter the use of social media by terrorists and
terrorist organizations, an evaluation of the success of such
efforts, and recommendations for improvement.
(4) An analysis of how social media is being used for
counter-radicalization and counter-propaganda purposes,
irrespective of whether or not such efforts are made by the
Federal Government.
(5) An assessment of the value to law enforcement of social
media posts by terrorists and terrorist organizations.
(6) An overview of social media training available to law
enforcement and intelligence personnel that enables such
personnel to understand and combat the use of social media by
terrorists and terrorist organizations, as well as
recommendations for improving or expanding existing training
opportunities.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex in accordance with the protection of intelligence
sources and methods.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs, the Committee on the
Armed Services, the Committee on Homeland Security, the
Committee on the Judiciary, and the Permanent Select
Committee on Intelligence of the House of Representatives;
and
(2) the Committee on Foreign Relations, the Committee on
Armed Services, the Committee on Homeland Security and
Governmental Affairs, the Committee on the Judiciary, and the
Select Committee on Intelligence of the Senate.
SEC. 711. REPORT ON DEPARTMENT INFORMATION TECHNOLOGY
ACQUISITION PRACTICES.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary shall submit to
the appropriate congressional committees a report detailing
the Department's information technology acquisition
practices.
(b) Elements of Report.--The report required under
subsection (a) shall include the following elements:
(1) Agency chief investment officer authority enhancements,
including reporting on incremental developments regarding
whether information technology investments are delivering
functionality every six months.
(2) Enhanced transparency and risk management, including
the methodology for calculating risk.
(3) The frequency and status of agency-wide portfolio
reviews to identify opportunities for information technology
efficiency, effectiveness, duplication, and potential
savings.
(4) Data center consolidation and optimization, including
potential savings.
SEC. 712. PUBLIC AVAILABILITY OF REPORTS ON NOMINEES TO BE
CHIEFS OF MISSION.
Not later than seven days after submitting the report
required under section 304(a)(4) of the Foreign Service Act
of 1980 (22 U.S.C. 3944(a)(4)) to the Committee on Foreign
Relations of the Senate, the President shall make the report
available to the public, including by posting the report on
the website of the Department in a conspicuous manner and
location.
SEC. 713. RECRUITMENT AND RETENTION OF INDIVIDUALS WHO HAVE
LIVED, WORKED, OR STUDIED IN PREDOMINANTLY
MUSLIM COUNTRIES OR COMMUNITIES.
(a) Findings.--Congress finds that successful engagement,
including robust public diplomacy, with predominantly Muslim
countries and communities is critical for achieving United
States foreign policy objectives.
(b) Sense of Congress.--It is the sense of Congress that
the Department should recruit more employees that have a
personal background in, and thorough understating of, the
cultures, languages, and history of the Middle East and wider
Muslim world.
(c) Recruitment and Retention of Certain Individuals.--The
Secretary shall make every effort to recruit and retain
individuals that have lived, worked, or studied in
predominantly Muslim countries or communities, including
individuals who have studied at an Islamic institution of
higher learning.
SEC. 714. SENSE OF CONGRESS REGARDING COVERAGE OF APPROPRIATE
THERAPIES FOR DEPENDENTS WITH AUTISM SPECTRUM
DISORDER (ASD).
(a) Finding.--Congress finds that physical, occupational,
speech, and applied behavioral analysis (ABA) therapies are
evidenced-based interventions proven to bring about positive
change and assist in the long term development of children
with autism spectrum disorder (ASD).
(b) Sense of Congress.--It is the sense of Congress that
the Secretary should endeavor to ensure coverage and access,
for dependents with ASD of overseas employees, to the
therapies described in subsection (a), including through
telehealth, computer software programs, or alternative means
if appropriate providers are not accessible due to such
employees' placement overseas.
SEC. 715. REPEAL OF OBSOLETE REPORTS.
(a) Repeal of Certain Reporting Requirements.--The
following provisions of law are repealed:
(1) Section 12 of the Foreign Service Buildings Act, 1926
(Act of May 7, 1926, 22 U.S.C. 303).
(2) Section 404 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (Public Law 102-138, 22 U.S.C.
2778 note).
(b) Other Reporting Reform.--
(1) Section 613 of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228, 22 U.S.C. 6901 note) is
amended--
(A) by striking subsection (b);
(B) by striking ``(a) Policy.--''; and
(C) by redesignating paragraphs (1) and (2) as subsections
(a) and (b), respectively, and moving such subsections, as so
redesignated, two ems to the left.
(2) Section 721 of Appendix G of the Consolidated
Appropriations Act of 2000 (Public Law 106-113, 22 U.S.C. 287
note) is amended--
(A) by striking subsection (c); and
(B) by redesignating subsection (d) as subsection (c).
(3) Section 10 of the Palestinian Anti-Terrorism Act of
2006 (Public Law 109-446, 22 U.S.C. 2378b note) is amended--
(A) by striking subsection (b); and
(B) by redesignating subsection (c) as subsection (b).
(4) Section 1207 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314,
22 U.S.C. 6901 note) is amended--
(A) by striking subsection (d); and
(B) by redesignating subsection (e) as subsection (d).
(5) Subsection (c) of section 601 of the Foreign Service
Act of 1980 (22 U.S.C. 4001) is amended by striking
paragraphs (4) and (5).
SEC. 716. PROHIBITION ON ADDITIONAL FUNDING.
No additional funds are authorized to be appropriated to
carry out this Act and the amendments made by this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Royce) and the gentleman from New York (Mr. Engel) each
will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. ROYCE. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and to
include extraneous material on this bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. ROYCE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I would like to thank the ranking member of this
committee, Mr. Eliot Engel, for his work on this important piece of
legislation to protect U.S. personnel overseas, to improve the
oversight of the Department of State, and to modernize its workforce.
And I would also like to thank the other members of the committee for
their input as well on this legislation.
The world is not getting any easier for the men and women serving
overseas who represent this country at the Department of State. These
men and women work with many other agencies, including the Defense
Department. They have got a wide range of very important
responsibilities.
They try to broker peace agreements. And, of course, not everybody
wants peace in these agreements. They have to fight human trafficking.
In other words, they have got to stand up to the criminal syndicates in
some of these countries. They have got to help our fellow Americans in
distress. That is just to name a few of the dangerous tasks that they
undertake. They work hard, often in very challenging, even life-
threatening circumstances, so they deserve our support, which includes
reforming a department that sorely needs to modernize.
Mr. Speaker, the annual authorization of the Department of State is
critical to maintaining congressional oversight and making these needed
agency reforms. The House has passed an authorization bill in each of
the last six Congresses, but, unfortunately, it has been 15 years since
this legislation was signed into law. This year, we have an opportunity
to break that unfortunate streak, which makes this legislation all the
more important.
First and foremost, the bill includes a number of critical embassy
security reforms and improvements. For example, the Department will be
authorized to use so-called best value criteria when contracting for
local guards at U.S. facilities overseas. This is an important change.
[[Page H7173]]
This authority has consistently been requested by the professionals
overseeing the security at our embassies and has been a particular
focus of two members of the committee. So I would like to thank Lois
Frankel and Randy Weber for their work.
The bill requires the State Department to designate a list of high-
risk, high-threat posts, effectively prioritizing the resources and the
security for these posts. Now, these are the posts most at risk. The
State Department and Defense Department are directed to jointly develop
enhanced contingency plans. Why? Because there are going to be
surprises overseas. There are going to be emergency situations,
including planning for the rapid deployment of military resources to
keep our personnel safe in a time of crisis.
It includes provisions that improve security for the children and the
families of U.S. diplomats abroad. And it makes sure that security
failures, due to misconduct or due to unsatisfactory performance, are
identified and those responsible are held accountable, something that
did not happen when it came to the Islamist terrorist attack in
Benghazi. No one lost a day of pay as a consequence of the mistakes
made there.
The bill increases accountability also for sexual exploitation and
abuse by U.N. peacekeepers, which the Foreign Affairs Committee has
helped expose through the hearings by Chairman Chris Smith.
It also increases transparency for how U.S. funds are spent at the
United Nations and mandates that the Department work to increase the
number of American citizens employed by the United Nations. This has
been a focus of Mr. Mo Brooks.
We have also included important provisions to bolster the State
Department's inspector general, an office that the Foreign Affairs
Committee successfully fought to have filled after it sat vacant for 5
years.
And lastly, the bill increases flexibility in the Department's
workforce, allowing civil servants more opportunities to serve overseas
and authorizing a pilot program to acquire skilled workers from the
private sector.
The passage of this legislation, S. 1635, would strengthen the law.
It is a bipartisan bill, it improves congressional oversight of the
Department, and I think it deserves unanimous support.
I reserve the balance of my time.
Mr. ENGEL. Mr. Speaker, I yield myself such time as I may consume.
I rise in support of this bill.
Mr. Speaker, let me start by thanking my friend and the chairman of
the Foreign Affairs Committee, Ed Royce of California. He and I and our
staffs have been working on this bill for most of the 114th Congress.
This may be the last Foreign Affairs bill the House will deal with this
year, and it is an appropriate capstone for the committee's work.
Authorizing and overseeing the State Department is one of our
committee's most important responsibilities. As the Obama
administration comes to an end and we deal with the uncertainties of a
transition in power, it is important that Congress help to set the tone
for the future of our foreign policy. We need to do all we can to
ensure the future of America's leadership role in the world.
{time} 1745
This bill is also long, long overdue as the chairman pointed out. The
last time the President signed a State Department authorization was in
the year 2002. So much has changed since then--from the invasion of
Iraq and the subsequent rise of ISIS to the ascendance of the Asia-
Pacific in our foreign policy to the growing threat of climate change.
Think about the way terrorist groups use social media to recruit
fighters and spread propaganda. This has become a major foreign policy
concern; yet the last time we passed the State Department
authorization, Twitter and Facebook were still a few years from coming
online. Imagine that. That is just one example. In nearly 15 years,
countless issues have cropped up as new foreign policy concerns, and
traditional areas of diplomacy and development have evolved. This bill
will help the State Department keep pace with the changes.
I would like to underscore a few provisions in this bill that I think
are especially important. The main thing I want to talk about is the
heart and soul of American diplomacy: our diplomats. Our diplomats are
at the core of this bill. We want them to have the tools and resources
for success.
These men and women pursue a path of public service unlike any other,
going to work--sometimes in dangerous places--as America's face to the
world. Diplomats are our front line of international engagement,
advancing our interests and building bridges of friendship and
understanding. This is incredibly important work. It requires the right
people for the job--people with the skill, training, and confidence to
carry out their work.
We need to do all we can to enable our diplomats to carry out
diplomacy. They need to be able to get out from behind a desk and
engage directly with cultures and communities, from government
officials to civil society groups to everyday people on the street; so
we have included provisions in this bill that are focused on the
security of our Embassies and on the proper training of our personnel.
We need the best possible security for our Embassies and diplomats
abroad, and good security doesn't always come cheap. This bill says
that, when the State Department hires local personnel to protect our
diplomatic facilities and staff, they shouldn't be constrained only to
take the lowest cost bid. After all, the rule is generally true that
you get what you pay for, and when it comes to the safety of our
diplomats, we should be focused on quality in addition to cost; so we
have included a provision that calls for the best value security rather
than the lowest cost. There is a lot of value in keeping our diplomats
safe, and I want to thank representative Lois Frankel for her work on
this provision.
With this bill, we have also focused on improving the security of
what we call ``soft targets,'' not typical diplomatic facilities, but
things like schools and schoolbuses for the children of diplomats
abroad.
It is also important that the State Department reflect who we are as
a country. America is made up of people from all different backgrounds
and perspectives. Our diversity is one of our strengths. Our Foreign
Service should benefit from that strength and reflect it back to the
world.
We also need to incorporate that strength into our foreign policy. A
diverse workforce means a diversity of views and experiences to aid our
leaders when they face tough decisions. Old ways of thinking and worn-
out approaches aren't well suited to the modern range of challenges our
diplomats face. This bill will push the Department to recruit, train,
and retain a diverse workforce. Reports tell us that the State
Department has been slow to change in these areas, so we want to give
those efforts a shot in the arm.
Additionally, I thank Chairman Royce for including my Western
Hemisphere Drug Policy Commission legislation in this bill. The heroin
epidemic in this country is getting worse and worse. We need to make
sure that our drug policy is focused on saving lives. Here at home,
that means doing more on prevention and treatment. Looking abroad, we
need to take stock of what has worked and what hasn't when it comes to
our drug policy in Latin America and the Caribbean. That is what this
commission will do, and I am grateful this measure is moving forward.
That idea, taking stock of our successes and failures, brings me to a
few final thoughts on this bill. Even though Congress has a role in
foreign policy, we are outside the day-to-day decisionmaking
structures. That outside perspective gives us a chance to step back and
ask: What can we be doing better? Where can we cut away dead wood? What
changes going on in the world require us to change our approach?
Our State Department personnel may have great new ideas about the way
to advance our interests, but they are constrained by existing law or
are bogged down in the constant hard work demanded of them. Let's be
honest. By their nature, bureaucracies tend not to change on their own.
That is when Congress needs to step in and say: ``We can help to solve
this problem. We can make it easier for our diplomats to do their
jobs.'' The thing is that we have
[[Page H7174]]
to actually do that. We should try to pass a bill like this every year.
It should become the way we do business, just like the defense
authorization, because when we don't, we are letting our diplomats
down; we are also ceding their work to other jurisdictions, and we are
missing opportunities to bolster American diplomacy and national
security.
Last week, we voted on the Defense Authorization Act. It included 80
provisions that fell, at least in part, under the jurisdiction of the
Foreign Affairs Committee when it landed on the President's desk. I
respect our friends on the Armed Services Committee a great deal, but I
hear their message loud and clear, that if we don't act in our own
jurisdiction, someone else will.
I am encouraged that we have made it this far on this bill. I hope it
becomes a regular part of our committee's work and that, a year from
now, we are back here debating more good ideas about improving American
diplomacy. For now, I again thank the chairman. I am glad to support
this bill, and I urge all my colleagues to do the same.
I reserve the balance of my time.
Mr. ROYCE. Mr. Speaker, I yield 4 minutes to the gentleman from New
Jersey (Mr. Smith). He is the chairman of the Foreign Affairs
Subcommittee on Africa, Global Health, Global Human Rights, and
International Organizations.
Mr. SMITH of New Jersey. I thank my good friend, the distinguished
chairman of the Foreign Affairs Committee, Mr. Royce, for his
leadership on this important bill. I thank Eliot Engel, the ranking
member, and, of course, Senators Corker and Cardin. This is a true
bipartisan piece of legislation. I thank my colleagues for their
leadership on this.
Mr. Speaker, a highly skilled group of Foreign Service Officers--
about 15,000 strong--are deployed worldwide to promote peace and human
rights, to support prosperity, and to protect Americans while advancing
the vital interests of the United States abroad. For most, posting
overseas requires serious personal sacrifice. For some, deployment
entails serious danger--from disease, crime, and terrorism.
Mr. Speaker, after the American Embassies in Dar es Salaam and
Nairobi were attacked by terrorists in August of 1998, I chaired
hearings on Embassy security in my subcommittee and authored the
Admiral James W. Nance and Meg Donovan Foreign Relations Authorization
Act of 2000 and 2001 to significantly boost Embassy security, including
reconfigured Embassies, setbacks--a zone that puts the street farther
away from the building--and additional diplomatic security personnel.
The bill, dubbed the ``Embassy Security Act,'' which passed the House
in 1999, never even got a vote in the Senate; but after much lobbying,
my bill was included in its entirety in the FY 2000 appropriations
omnibus. In 2005, Congress enacted into law another bill I sponsored,
the Department of State Authorities Act, which, among other things,
boosted danger pay.
Today, the Royce-Corker-Engel-Cardin bill authorizes $4.8 billion for
Embassy security. It continues the all-important work of ensuring the
most effective security possible for our Foreign Service and Americans
abroad by directing joint DOD-State contingency plans--including the
rapid deployment of Armed Forces--the designation of high-risk, high-
threat posts with adequate funding and training commensurate with the
danger, and the utilization of ``best value'' contracting.
The bill provides numerous enhancements of personnel issues for our
men and women in the Foreign Service--from promotion opportunities to
updated cost-of-living adjustments to improved care of Foreign Service
officers' children-dependents with autism spectrum disorders.
During markup--and I thank the chair for being so gracious for
supporting it--I sponsored an amendment that was approved that
recognizes applied behavior analysis, or ABA, as proven evidence-based
intervention for autistic children and that the Secretary of State
should ensure that coverage of and access to ABA for dependents with
ASD of overseas employees is provided.
I travel all over the world, and I often hear from Foreign Service
Officers who cannot get ABA treatment for their children. They are
anguished because, if they try to go to a deployment where that is
provided, it may hinder their Foreign Service careers; and, of course,
they put their children first. That shouldn't be the case. There should
be no choice. The children need to be supported as well as the Foreign
Service Officers.
The House Foreign Affairs Committee also adopted another amendment I
offered during markup, which is whistleblower protections for U.N.
personnel--we have had hearings on that in our subcommittee--the
capacity to investigate allegations of sexual exploitation committed by
peacekeepers and to hold those who commit such heinous crimes
accountable.
Mr. Speaker, I have traveled to places like Goma, in the DRC, where
peacekeepers were raping 13-year-olds--U.N. peacekeepers. The series of
hearings that we held on it found that the zero tolerance policy of the
U.N. was really zero compliance. That has to improve. There have been
some improvements made but far fewer than what are required. This
legislation helps to push that ball significantly down that lane.
Hopefully, the peacekeepers will do just that--protect. It is a duty
for us to make sure that that happens. There are many other good things
in this bill.
Again, I thank Chairman Royce for his leadership.
Mr. ROYCE. Mr. Speaker, in reclaiming my time, I thank Chris Smith
for his years of oversight and for his combating that type of abuse. I
also thank him for our efforts to have this included now in what will
become a new law.
I reserve the balance of my time.
Mr. ENGEL. Mr. Speaker, I yield 3 minutes to the gentleman from
Virginia (Mr. Connolly), my good friend and colleague on the Foreign
Affairs Committee.
Mr. CONNOLLY. I thank the gentleman from New York (Mr. Engel), my
dear friend and the distinguished ranking member of the House Foreign
Affairs Committee.
I rise today in support of S. 1635, the Department of State
Authorities Act. There is an expression in Latin. I studied Latin for 6
years, but I rarely get to use it. It is mirabile dictu--wonderful to
relate--that we are actually going to pass the State Department
authorization bill.
The bill is not perfect, and it is not as comprehensive as one would
hope; however, it is a product of compromise under the fine leadership
of Ed Royce and Eliot Engel. It is a welcome step toward the annual
authorization of the State Department operations I know we will get to
next year. The regular enactment of a State Department authorization is
a long-neglected priority, and the clarity of our diplomacy and
development missions have suffered absent one. Congress has not enacted
a full State authorization bill since 2002.
In a similar vein, the Foreign Assistance Act has not undergone a
comprehensive reauthorization since 1985, when I was a staff member on
the Senate Foreign Relations Committee. I have introduced the Global
Partnerships Act, which would do just that, and I have tried to
streamline and modernize the Foreign Assistance Act of 1961.
The bill on the floor today codifies high standards for Embassy
security practices and ensures that we are making smart investments in
diplomatic security. It also fights discrimination and promotes
diversity within the Foreign Service.
I thank the committee--and particularly our leaders, Chairman Royce
and Ranking Member Engel--for including my amendment that requires the
State Department to report on its compliance with the Federal
Information Technology Acquisition Reform Act, FITARA, which is the
Federal IT reform bill I introduced and wrote with Mr. Issa.
I support this bill because it enables the kind of serious, credible,
and ambitious diplomacy that can solve the world's most intractable
challenges, and I urge my colleagues to give it their full support.
Again, I congratulate our staffs--and particularly our chairman and
ranking member, Mr. Royce and Mr. Engel, respectively--for their
leadership in bringing this bill before us today.
Mr. ROYCE. Mr. Speaker, I reserve the balance of my time.
[[Page H7175]]
Mr. ENGEL. Mr. Speaker, I yield myself such time as I may consume.
I am waiting for one other speaker; so, while we are waiting, let me
at least partially close.
I, first of all, thank Chairman Royce's staff for their hard work on
this very important bill. I thank Tom Sheehy, Ed Burrier, Tom Hill, and
Doug Anderson, and on my staff, Jason Steinbaum, Doug Campbell, Eric
Jacobstein, Janice Kaguyutan, Sajit Gandhi, Jennifer Hendrixson White,
and Mark Iozzi. We can only do as well as the wonderful staff that we
have, and it is really appreciated, I know, by Chairman Royce and by
me.
As was said before, Mr. Speaker, every single year, Congress passes a
defense authorization. It happens without fail, and it should. It is a
vitally important piece of legislation, and we have an obligation to
give our women and men in uniform the support and the resources they
need.
{time} 1800
The work of our diplomats is very different, but it is also critical
to our national security. These dedicated public servants help to
project stability, enhance security, and diffuse crises before they
start.
From a dollars-and-cents perspective, it makes a lot more sense to
prevent crises than to try to stop them after they are burning out of
control. We need diplomacy to succeed so that using our military
remains the last resort in our foreign policy. This legislation will
help ensure that our diplomacy does succeed.
I hope this bill gets across the finish line soon; I hope the Senate
does its job; and I hope we make a State Department authorization a
yearly priority for the Foreign Affairs Committee, for the Congress,
and for the American people.
I urge a ``yes'' vote on this bill.
I yield back the balance of my time.
Mr. ROYCE. Mr. Speaker, I yield 2 minutes to the gentleman from Texas
(Mr. Gohmert).
Mr. GOHMERT. Mr. Speaker, I am a big fan of Chairman Royce's work,
and I appreciate all the work of the committee in these difficult
areas.
Sometimes in trying to bring together a big authorization bill like
this, language gets inserted that can be problematic. On page 105, for
example, section 713, ``Recruitment and retention of individuals who
have lived, worked, or studied in predominantly Muslim countries or
communities,'' we know that one of our problems when we were trying to
deal with radical Islam is, number one, our President doesn't recognize
radical Islam, although some of the best experts who are radical
Islamists say, yes, it exists, and Muslim friends like President el-
Sisi acknowledge it is a problem.
For example, here in subsection C, it says: ``The Secretary shall
make every effort to recruit and retain individuals that have lived,
worked, or studied in predominantly Muslim countries or communities,
including individuals who have studied at Islamic institutions of
higher learning.''
I know this was not submitted by a Muslim--far from it--but although
we desperately need people who have lived and studied in this area, to
tell the Secretary of State that the Secretary shall make every effort
to get people like this is the way our enemies take advantage of us. We
should not be telling the Secretary to make every effort.
As a former chief justice, that is the kind of thing--you have to
say, well, he didn't make every effort or she didn't make every effort.
We should not be coercing the State Department to hire people who--if
they are not appropriate or have Muslim ties, they should not be pushed
into the State Department.
Mr. ROYCE. Mr. Speaker, let me say in response that we should hire,
in the State Department, people who do have some experience. We should
have some people there with some experience with Muslim culture and
Muslim countries, with that kind of a background. But that said, we
want to work with the gentleman from Texas (Mr. Gohmert) on
implementation of this bill to make certain that these concerns are
handled.
Mr. Speaker, I yield 2 minutes to the gentlewoman from Florida (Ms.
Frankel).
Ms. FRANKEL of Florida. Mr. Speaker, I thank Chairman Royce and
Ranking Member Engel, first, for the great bipartisan work. I really
appreciate being on this committee.
I want to tell you a story that one of our Ambassadors told me that I
thought was amazing. I won't say her name or where she was, but she
told me she was overseas. The security that they hired was so poor that
they actually had to hire criminals; and her security guard not only
robbed her and her family, but killed their dog. That is just an
example of some of the quality of security that we had for our
Ambassadors, who deserve absolutely our utmost protection.
So I just want to thank both the chairman and the ranking member for
working with me to get this provision in this bill that now is going to
let our State Department get well-qualified security for Embassies,
which they deserve to have.
Mr. ROYCE. Mr. Speaker, I yield myself such time as I may consume.
I want to thank the gentlewoman from Florida for her contribution to
this legislation.
Mr. Speaker, as chairman, I also want to thank our ranking member,
Mr. Engel. I want to thank all my committee colleagues for their
contributions to this bill. I think we should take the opportunity to
thank our counterparts, Senator Corker and Senator Cardin, in the
Senate for working with us to bring the first State authorization bill
to the President's desk in over 15 years.
Today, the Department is considering how to deploy diplomats in high-
threat, high-risk places like South Sudan, like the Central African
Republic, Yemen, Libya. It is our responsibility to make sure that U.S.
personnel at these posts have every available means of protection, and
this bill authorizes the Department to make critical upgrades in
Embassy security.
This bill also mandates that the Department uses leverage at the
United Nations to make improvements that have been ignored for too
long. In just the last year, we have heard horrific stories of
peacekeepers sexually abusing and exploiting those they are sent to
protect. Sadly, these are not the first instances of such predatory
behavior, but the United Nations has failed to take steps to stop it.
Oversight is necessary at any agency. It took 5 years for the
Department's inspector general position to be filled, and this bill
makes sure that the Department's watchdog has all the tools it needs to
perform its mandate.
This bill deserves our support. The other body should move quickly so
that these critical reforms can be signed into law by the President.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Royce) that the House suspend the rules
and pass the bill, S. 1635, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. GOHMERT. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
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