[114th Congress Public Law 323]
[From the U.S. Government Publishing Office]
[[Page 130 STAT. 1905]]
Public Law 114-323
114th Congress
An Act
To authorize the Department of State for fiscal year 2016, and for other
purposes. <<NOTE: Dec. 16, 2016 - [S. 1635]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Department of
State Authorities Act, Fiscal Year 2017. 22 USC 2651 note.>>
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.
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.
[[Page 130 STAT. 1906]]
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 underrepresented 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.
[[Page 130 STAT. 1907]]
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. <<NOTE: 22 USC 2651 note.>> 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. <<NOTE: Determinations. 22 USC
4803. Deadline. Reports.>> 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
[[Page 130 STAT. 1908]]
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. <<NOTE: 22 USC 4804.>> 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) <<NOTE: Coordination. Evaluation.>> 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;
``(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) <<NOTE: Deadlines.>> 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
[[Page 130 STAT. 1909]]
congressional committees of the decision to open or reopen such
post.
``(2) <<NOTE: Determination.>> 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. <<NOTE: 22 USC 4802 note.>> 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)--
[[Page 130 STAT. 1910]]
(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) <<NOTE: Applicability. 22 USC 4834 note.>> 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
[[Page 130 STAT. 1911]]
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) <<NOTE: Determination.>> In addition to exercising any
other transfer authority available to the Secretary of State, and
subject to paragraph (2), the Secretary may transfer to, and merge with,
any appropriation for fiscal year 2018 under the heading `Diplomatic and
Consular Programs', including for Worldwide Security Protection, and
under the heading `Embassy Security, Construction, and Maintenance'
funds appropriated under such headings if the Secretary determines such
transfer is necessary to implement the recommendations of the Benghazi
Accountability Review Board, or to prevent or respond to security
situations and requirements.
``(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.
``(2) <<NOTE: Deadline. Notification.>> 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. <<NOTE: 22 USC 2679d.>> 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.
[[Page 130 STAT. 1912]]
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. <<NOTE: 22 USC 4868.>> 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
(2) ensure that necessary security procedures are
implemented.
SEC. 118. <<NOTE: 22 USC 304.>> 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) <<NOTE: Cost estimates.>> 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) <<NOTE: Time period.>> 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.''.
[[Page 130 STAT. 1913]]
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. <<NOTE: 22 USC 4866.>> 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. <<NOTE: 22 USC 4867.>> 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:
[[Page 130 STAT. 1914]]
``(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 1 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. <<NOTE: Consultation. 22 USC 4802
note. Review. Assessments.>> 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
[[Page 130 STAT. 1915]]
Defense, shall conduct an annual review of the Marine Corps Security
Guard Program, including the following:
(1) <<NOTE: Evaluation.>> 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 3 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. <<NOTE: Time period.>> 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. <<NOTE: Deadlines.>> 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 1 year after the date of the enactment of this Act
and annually thereafter for 4 years, the Secretary shall submit to the
appropriate congressional committees, with respect to the network,
information systems, and files of the Office of 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
[[Page 130 STAT. 1916]]
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
5 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
5 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
[[Page 130 STAT. 1917]]
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. <<NOTE: Effective date.>> This provision shall be retroactive
to January 1, 2013.''.
TITLE III--INTERNATIONAL ORGANIZATIONS
SEC. 301. <<NOTE: 22 USC 287 note.>> OVERSIGHT OF AND
ACCOUNTABILITY FOR PEACEKEEPER ABUSES.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Implementation plan.>> 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:
[[Page 130 STAT. 1918]]
(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
[[Page 130 STAT. 1919]]
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;
(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) <<NOTE: Coordination.>> 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. <<NOTE: 22 USC 287 note.>> REIMBURSEMENT OF CONTRIBUTING
COUNTRIES.
It is the policy of the United States that--
[[Page 130 STAT. 1920]]
(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. <<NOTE: 22 USC 287 note.>> 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. <<NOTE: 22 USC 287 note.>> 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. <<NOTE: President. 22 USC 287 note.>> 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:
[[Page 130 STAT. 1921]]
``(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) <<NOTE: Web posting. 22 USC 287b note.>> 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. <<NOTE: President. 22 USC 287 note.>> 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
[[Page 130 STAT. 1922]]
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
[[Page 130 STAT. 1923]]
Nations peacekeepers, allegations of fraud in
procurement and contracting, and all other allegations
of misconduct, wrongdoing, or criminal behavior;
(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 offices of inspectors general of
relevant United Nations agencies .
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. <<NOTE: Deadlines. Reports. Assessments.>> 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 3 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.''.
[[Page 130 STAT. 1924]]
SEC. 309. <<NOTE: 22 USC 2414a note.>> 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. <<NOTE: 22 USC 287 note.>> 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
[[Page 130 STAT. 1925]]
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) <<NOTE: Time period.>> Report.--Not later than 90 days after
the date of the enactment of this Act, and annually thereafter for each
of the following 5 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) <<NOTE: Lists.>> 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. <<NOTE: 22 USC 287b-1.>> 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
[[Page 130 STAT. 1926]]
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) <<NOTE: Time period.>> Scope of Initial Report.--The first
report required under subsection (a) shall include the information
required under this section for the previous 3 fiscal years.
(d) <<NOTE: Web posting.>> 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 1 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) <<NOTE: Analysis.>> an analysis of the strengths and
limitations of--
(A) a peacekeeping operation led by the United
States; and
(B) a peacekeeping operation led by the United
Nations.
TITLE IV--PERSONNEL AND ORGANIZATIONAL ISSUES
SEC. 401. <<NOTE: 22 USC 3968a.>> LOCALLY-EMPLOYED STAFF WAGES.
(a) <<NOTE: Deadline.>> 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.
[[Page 130 STAT. 1927]]
(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) <<NOTE: Time period.>> shall be filed electronically
and retained for not less than 5 years; and
(2) shall be made available to the appropriate congressional
committees upon request.
SEC. 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 1 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) <<NOTE: Certification.>> 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) <<NOTE: Definitions.>> 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'.''.
[[Page 130 STAT. 1928]]
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) <<NOTE: Deadline.>> Pilot Program.--Not later than 180 days
after the date of the enactment of this Act, the Secretary shall
establish a 3-year pilot program for lateral entry into the Foreign
Service that--
(1) targets mid-career individuals from the civil service
and private sector who have skills and experience that would be
extremely valuable to the Foreign Service;
(2) is in full comportment with current Foreign Service
intake procedures, including the requirement to pass the Foreign
Service exam;
(3) offers participants in 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 1 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.
[[Page 130 STAT. 1929]]
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) <<NOTE: Waiver authority.>> 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. <<NOTE: 22 USC 3299c.>> 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.
[[Page 130 STAT. 1930]]
(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
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) <<NOTE: 22 USC 2709 note.>> 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) <<NOTE: Determination.>> in exceptional circumstances if the
Secretary determines the needs of the Service require the extension of--
``(A) <<NOTE: Time period.>> a limited noncareer
appointment for a period not to exceed 1 year; or
[[Page 130 STAT. 1931]]
``(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) <<NOTE: Time period.>> Except as provided in paragraph (2)
noncareer employees who have served for 5 consecutive years under a
limited appointment under this section may be reappointed to a
subsequent noncareer limited appointment if there is at least a 1-year
break in service before such new appointment.
``(2) <<NOTE: Waiver.>> The Secretary may waive the 1-year break
requirement under paragraph (1) in cases of special need.''.
SEC. 410. <<NOTE: 22 USC 2734b.>> REPORT ON DIVERSITY
RECRUITMENT, EMPLOYMENT, RETENTION, AND
PROMOTION.
(a) In General.--The Secretary should provide oversight to the
employment, retention, and promotion of traditionally underrepresented
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
underrepresented 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) <<NOTE: Lists.>> 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
[[Page 130 STAT. 1932]]
(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) <<NOTE: Determination. Notification.>> 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) <<NOTE: 5 USC 5753.>> 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 UNDERREPRESENTED MINORITY
GROUPS.
The Secretary should provide attention and oversight to the
employment, retention, and promotion of traditionally underrepresented
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. <<NOTE: 22 USC 2734c.>> 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) <<NOTE: Time period.>> details the number and nature of
assignment restrictions and preclusions for the previous 3
years.
(c) Notice.--The Secretary shall--
(1) <<NOTE: Publication.>> 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).
[[Page 130 STAT. 1933]]
(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) <<NOTE: Notification.>> 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)--
``(A) <<NOTE: Review. Determination.>> 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) <<NOTE: Definitions.>> 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.''.
[[Page 130 STAT. 1934]]
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. <<NOTE: Deadline. Reports.>> 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. <<NOTE: Deadline. Reports.>> 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;
[[Page 130 STAT. 1935]]
(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. <<NOTE: Deadline. Briefings.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Lists.>> A list of all components of the United
States passport made outside the United States.
[[Page 130 STAT. 1936]]
(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) <<NOTE: Evaluations.>> 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.
[[Page 130 STAT. 1937]]
(10) An evaluation of the impact of local drug consumption
in Latin America and the Caribbean in promoting violence and
insecurity.
(11) <<NOTE: Recommenda- tions.>> 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 <<NOTE: Consultation.>> 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 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 10
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) <<NOTE: President.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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.--
[[Page 130 STAT. 1938]]
(1) <<NOTE: Deadline.>> 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. <<NOTE: Reimbursement.>> 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.
[[Page 130 STAT. 1939]]
(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) <<NOTE: Appointment.>> 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. <<NOTE: 22 USC 2735.>> 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
[[Page 130 STAT. 1940]]
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 1 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.''.
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) <<NOTE: Time period. 22 USC 6553 note.>> 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.
[[Page 130 STAT. 1941]]
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) <<NOTE: 22 USC 1465b note.>> 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''.
[[Page 130 STAT. 1942]]
(3) <<NOTE: Applicability. 22 USC 2708 note.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Time period.>> information on the
number of United States citizens whose extradition has
been sought by foreign governments during the past 5
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) <<NOTE: Effective date.>> Additional Fellowships Authorized.--
Beginning in fiscal year 2017, the Secretary shall--
(1) increase by 10 the number of fellows selected for the
Charles B. Rangel International Affairs Program;
(2) increase by 10 the number of fellows selected for the
Thomas R. Pickering Foreign Affairs Fellowship Program; and
(3) increase by 5 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.
[[Page 130 STAT. 1943]]
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. <<NOTE: Deadline.>> 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. <<NOTE: Deadline. President. Consultation. Reports.>>
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.
[[Page 130 STAT. 1944]]
(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) <<NOTE: Recommenda- tions.>> Recommendations for
improving coordination among the foreign allies of the United
States to not pay ransoms.
(b) <<NOTE: Public information. Web posting.>> 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) <<NOTE: Deadline. President. Reports.>> 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:
(1) <<NOTE: Evaluation.>> An evaluation of what role social
media plays in radicalization in the United States and
elsewhere.
(2) <<NOTE: Analysis.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Assessment.>> 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
[[Page 130 STAT. 1945]]
(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 6 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. <<NOTE: President. Web posting. 22 USC 3944 note.>>
PUBLIC AVAILABILITY OF REPORTS ON NOMINEES
TO BE CHIEFS OF MISSION.
Not later than 7 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. <<NOTE: 22 USC 2734d.>> 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
[[Page 130 STAT. 1946]]
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).
[[Page 130 STAT. 1947]]
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.
Approved December 16, 2016.
LEGISLATIVE HISTORY--S. 1635:
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CONGRESSIONAL RECORD, Vol. 162 (2016):
Apr. 28, considered and passed Senate.
Dec. 5, considered and passed House, amended.
Dec. 9, Senate concurred in House amendment.
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