S-1635 : Became Public Law

Department of State Operations Authorization and Embassy Security Act, Fiscal Year 2016

TITLE I--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

This bill directs the Department of State (Department) to report to Congress regarding:

• Department costs incurred to provide American Spaces;
• the status of all ongoing investment treaty negotiations;
• conditions in Hong Kong of interest to the United States, and whether Hong Kong Special Administrative Region is sufficiently autonomous to justify different treatment for its citizens from the treatment accorded to other citizens of China;
• civil or political rights violations against ethnic, racial, or religious minorities in Burma (Myanmar);
• efforts to ensure the peaceful resolution of Venezuela's political situation;
• the sale of defense articles and defense services to Ukraine;
• the debt environment for developing countries and near-term risks to debt sustainability;
• country reports on corruption practices;
• cases of enforced disappearances in Mexico, Guatemala, Honduras, and El Salvador;
• Bahrain's implementation of the recommendations in the 2011 Report of the Bahrain Independent Commission of Inquiry;
• known or suspected penetrations or compromises of Department information systems or networks;
• efforts to promote equal opportunity for all American employees in direct hire and personal service contractors status, particularly Foreign Service employees;
• activities at the United Nations (U.N.) and its subagencies that can be construed to exhibit an anti-Semitic bias;
• evaluation and prioritization of current U.N. peacekeeping missions;
• U.S. citizen staffing at international organizations that includes an assessment of U.S. representation among professional and senior-level positions at the U.N. and its specialized agencies;
• enhancement of the Marine Corps Security Guard program;
• high risk, high threat overseas posts;
• counterintelligence threats to U.S. diplomatic facilities in Priority 1 Counterintelligence Threat Nations; and
• the status of post-earthquake recovery and development efforts in Haiti.

The President shall designate an existing federal officer as the Interagency Hostage Recovery Coordinator to coordinate efforts to secure the release of U.S. persons held hostage outside the United States.

The Department shall conduct a review of the United States-China Strategic and Economic Dialogue.

Funds are made available to support efforts by American and European Jewish and other civil society organizations to combat anti-Semitism and other forms of religious, ethnic, or racial intolerance in Europe.

The Foreign Relations Authorization Act, Fiscal Year 1979 is amended to authorize the Department to provide grants or enter into cooperative agreements for science and technology fellowship programs.

The Department is authorized to provide for U.S. participation in the Information Sharing Centre in Singapore.

The Foreign Assistance Act of 1961 is amended to revise reporting requirements concerning the importation of rough diamonds into the United States not controlled through the Kimberley Process Certification Scheme.

It is the sense of Congress that:

• the alliance between the United States and Japan is a cornerstone of peace and stability in the Asia-Pacific region and around the world; and
• the United States and Japan oppose the use of coercion or force to change the status quo, including in the East and South China Seas.

It is the sense of Congress that the United States should:

• expand defense cooperation with India, and
• welcome India's role in providing security and stability in the Indo-Pacific region and beyond.

It is the sense of Congress that:

• the U.S.-Republic of Korea alliance has served as an anchor for security and prosperity on the Korean Peninsula, in the Asia-Pacific region, and around the world; and
• the United States and the Republic of Korea share concerns that the nuclear, cyber, and ballistic missiles programs of North Korea and its repeated provocations threaten peace and stability on the Korean Peninsula and Northeast Asia.

It is the sense of Congress that:

• U.S. policy toward Taiwan is based upon the Taiwan Relations Act and the Six Assurances given by President Ronald Reagan in 1982,
• provision of defensive weapons to Taiwan should continue, and
• enhanced trade relations with Taiwan should be pursued.

The Department shall:

• develop a Middle East strategy in the event of a comprehensive nuclear agreement with Iran, and
• produce a comprehensive strategy relating to U.S. international cyberspace policy.

The Immigration and Nationality Act is amended to declare that, if an immigrant visa was issued on or after March 27, 2013, for a child who has been lawfully adopted, or who is coming to the United States to be adopted by a U.S. citizen, any statutory immigrant visa fees relating to renewal or replacement of such visa may be waived or refunded under specified circumstances.

It is the sense of Congress that ensuring justice for U.S. victims of Iranian acts of terrorism who hold related legal judgments against Iran should be expeditiously addressed.

The American Hostages in Iran Compensation Fund is established in the Treasury.

Congress:

• supports the sovereignty, independence, and territorial integrity of post-Soviet countries within their internationally recognized borders; and
• urges the consideration of additional sanctions if the Russian Federation continues to engage in subversive and destabilizing activities within such countries.

It is the sense of Congress that a successful strategy must be implemented to counter the Russian Federation's propaganda war against the United States and our allies.

The President is authorized to establish an Interagency Atrocities Prevention Board.

The Department shall develop a U.S. global strategy to prevent and respond to violence against women and girls.

The Department shall conduct a quadrennial diplomacy and development review which shall include recommendations for long-term U.S. diplomacy and development policy.

It is the sense of Congress that sanctions against North Korea should be strengthened.

TITLE II--ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE

An existing Deputy Assistant Secretary within each regional bureau shall be tasked with the responsibility for economic matters and interests, including integration of foreign economic policy priorities.

The Department shall conduct a review of the jurisdictional responsibility of the Bureau of African Affairs and that of the Bureau of Near Eastern Affairs relating to Morocco, Algeria, Tunisia, and Libya.

The Foreign Service Act of 1980 is amended to require the Department to ensure the meaningful inclusion of women among the personnel responsible for, or deploying to, countries or regions considered to be at risk of undergoing, or emerging from violent conflict.

The Department shall consult with the National Security Agency and other appropriate departments or agencies regarding the security of U.S. government and nongovernment information technology systems and networks owned, operated, or utilized by the Department, including sensitive or classified information systems.

The Homeland Security Act of 2002 is amended to direct the Department to convene an advisory committee to the interagency working group to prevent international parental child abduction.

A Director of Research and Evaluation shall be appointed in the Office of Policy, Planning, and Resources for the Under Secretary for Public Diplomacy and Public Affairs.

It is the sense of Congress that the Department should allocate specified funds for research and evaluation of public diplomacy programs.

The Foreign Affairs Reform and Restructuring Act of 1998 is amended to extend The United States Advisory Commission on Public Diplomacy.

The Department shall:

• strengthen the institutional capacity of the Bureau of African Affairs to oversee programs and engage in strategic planning, and
• commission an independent assessment of Foreign Service Officer compensation.

The Foreign Service Act of 1980 is amended to repeal the certification requirement for Senior Foreign Service members.

The Department shall:

• establish a process for employees to appeal any assignment restriction; and
• ensure that a Foreign Service member is not assigned to, or restricted from, a position in a particular geographic area, or domestically in a position working on issues relating to a particular geographic area, exclusively on the basis of the member's race, ethnicity, or religion.

The Department is authorized to suspend a Foreign Service member without pay under specified circumstances. Entitles such person to specified protections.

The Department shall:

• increase the number of fellows selected for the Charles B. Rangel International Affairs Program, the Thomas R. Pickering Foreign Affairs Fellowship Program, and the Donald M. Payne International Development Fellowship Program; and
• conduct a review of the jurisdictional responsibilities of the Special Representative to Afghanistan and Pakistan and the Bureau of South and Central Asian Affairs.

The Trafficking Victims Protection Act of 2000 is amended to require the Department to brief Congress concerning countries that will be upgraded to a higher tier or downgraded to a lower tier.

The Department shall develop a curriculum for Foreign Service officers that includes training on international religious freedom.

TITLE III--INTERNATIONAL ORGANIZATIONS

Each time the U.N. General Assembly modifies the assessment levels for peacekeeping operations the Department shall submit a report to Congress describing: (1) the change of the peacekeeping assessment charged to each member state; and (2) how the economic and strategic interests of each of the U.N. Security Council permanent members is served by each peacekeeping mission currently in force.

Prior to a vote on a resolution approving a new, or reauthorizing an existing, peacekeeping mission under the auspices of any multilateral organization in which the United States participates, the Department shall submit a report to Congress describing measures taken to prevent and hold accountable employees, contractors, or members of the mission forces from engaging in acts of trafficking in persons, exploitation of victims of trafficking, or sexual exploitation or abuse.

The Foreign Assistance Act of 1961 is amended to include in the Department's human rights report to the Speaker of the House and to the Senate Foreign Relations Committee, for each country that contributes personnel to U.N. peacekeeping missions, a description of:

• allegations of such personnel engaging in acts of trafficking in persons, exploitation of victims of trafficking, or sexual exploitation and abuse while participating in such a peacekeeping mission; and
• repatriations of personnel resulting from such an allegation, and resulting actions taken by the country.

U.S. funding shall not be provided for any peacekeeping mission without a periodic mandate renewal.

TITLE IV--CONSULAR AUTHORITIES

The Immigration and Nationality Act is amended to eliminate the exception to the visa prohibition for certain child abductors or persons aiding abductors.

Visa information sharing provisions with foreign government provisions are revised.

TITLE V--EMBASSY SECURITY

Funds made available in FY2016 for worldwide security protection shall be allocated for: (1) immediate threat mitigation support at high threat, high risk facilities; (2) immediate threat mitigation support at other facilities; and (3) high vulnerability locations.

The Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 is amended regarding local guard contracts for a Foreign Service building to authorize the Department to award contracts on the basis of best value (as determined by a cost-technical trade off analysis), especially for high threat, high risk posts.

The Diplomatic Security Act is amended to provide that unsatisfactory leadership by a senior official regarding a security incident involving loss of life, serious injury, or significant property destruction at or related to a U.S. government mission abroad may be grounds for disciplinary action.

Nothing in this Act or any other provision of law shall be construed to prevent the Department from taking personnel action against any Department employee or official who has breached his or her duty or has engaged in misconduct or unsatisfactorily performed such duties in a manner that has significantly contributed to the serious injury, loss of life, or significant destruction of property, or a serious breach of security.

The State Department Basic Authorities Act of 1956 is amended to authorize the Department to provide physical security enhancements at overseas educational facilities established for the children of U.S. government employees.

The Government Accountability Office shall report to Congress on the Department's progress in implementing the recommendations of the Benghazi Accountability Review Board.

TITLE VI--MANAGEMENT AND ACCOUNTABILITY

Improving Department of State Oversight Act of 2015

Competitive status for appointment to a position in the competitive service for which an employee is qualified is granted to any employee of the Special Inspector General for Iraq Reconstruction (SIGRI) who was not terminated for cause, and who completes at least 12 months of service at any time before the termination of the SIGRI on October 5, 2013.

Each Department entity under the Foreign Service Act of 1980 shall report to the Inspector General (IG) who may investigate specified allegations of: (1) program waste, fraud, or abuse, or criminal or serious misconduct on the part of Department employees; and (2) serious, noncriminal misconduct on the part of any individual who is authorized to carry a weapon, make arrests, or conduct searches.