PUBLIC LAW 114–323—DEC. 16, 2016 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. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Department 

of State Authorities Act, Fiscal Year 2017’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act 

is as follows: 

Sec. 1. Short title; Table of contents. 

Sec. 2. Definitions. 

TITLE I—EMBASSY SECURITY AND PERSONNEL PROTECTION 

Subtitle A—Review and Planning Requirements 

Sec. 101. Designation of high risk, high threat posts. 

Sec. 102. Contingency plans for high risk, high threat posts. 

Sec. 103. Direct reporting. 

Sec. 104. Accountability Review Board recommendations related to unsatisfactory 

leadership. 

Subtitle B—Physical Security and Personnel Requirements 

Sec. 111. Capital security cost sharing program. 

Sec. 112. Local guard contracts abroad under diplomatic security program. 

Sec. 113. Transfer authority. 

Sec. 114. Security enhancements for soft targets. 

Sec. 115. Exemption from certain procurement protest procedures for noncompetitive contracting in emergency circumstances. 

Sec. 116. Sense of Congress regarding minimum security standards for temporary 

United States diplomatic and consular posts. 

Sec. 117. Assignment of personnel at high risk, high threat posts. 

Sec. 118. Annual report on embassy construction costs. 

Sec. 119. Embassy security, construction, and maintenance. 

Subtitle C—Security Training 

Sec. 121. Security training for personnel assigned to high risk, high threat posts. 

Sec. 122. Sense of Congress regarding language requirements for diplomatic security personnel assigned to high risk, high threat post. 

Subtitle D—Expansion of the Marine Corps Security Guard Detachment Program 

Sec. 131. Marine Corps Security Guard Program. 

TITLE II—OFFICE OF INSPECTOR GENERAL OF THE DEPARTMENT OF 

STATE AND BROADCASTING BOARD OF GOVERNORS 

Sec. 201. Competitive hiring status for former employees of the Office of the Special 

Inspector General for Iraq Reconstruction. 

Sec. 202. Certification of independence of information technology systems of the Office of Inspector General of the Department of State and Broadcasting 

Board of Governors. 

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. 

Department 

of State 

Authorities Act, 

Fiscal Year 2017. 

22 USC 2651 

note. 

Dec. 16, 2016 

[S. 1635] 


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130 STAT. 1906 PUBLIC LAW 114–323—DEC. 16, 2016 

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. 


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PUBLIC LAW 114–323—DEC. 16, 2016 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. DEFINITIONS. 

In this Act: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) the Committee on Foreign Relations of the Senate; 

and 

(B) the Committee on Foreign Affairs of the House 

of Representatives. 

(2) DEPARTMENT.—Unless otherwise specified, the term 

‘‘Department’’ means the Department of State. 

(3) FOREIGN SERVICE.—The term ‘‘Foreign Service’’ has the 

meaning given such term in section 102 of the Foreign Service 

Act of 1980 (22 U.S.C. 3902). 

(4) INSPECTOR GENERAL.—Unless otherwise specified, the 

term ‘‘Inspector General’’ means the Office of Inspector General 

of the Department of State and the Broadcasting Board of 

Governors. 

(5) PEACEKEEPING CREDITS.—The term ‘‘peacekeeping 

credits’’ means the amounts by which United States assessed 

peacekeeping contributions exceed actual expenditures, apportioned to the United States, of peacekeeping operations by 

the United Nations during a United Nations peacekeeping fiscal 

year. 

(6) SECRETARY.—Unless otherwise specified, the term ‘‘Secretary’’ means the Secretary of State. 

TITLE I—EMBASSY SECURITY AND 

PERSONNEL PROTECTION 

Subtitle A—Review and Planning 

Requirements 

SEC. 101. DESIGNATION OF HIGH RISK, HIGH THREAT POSTS. 

(a) IN GENERAL.—Title I of the Omnibus Diplomatic Security 

and Antiterrorism Act of 1986 (22 U.S.C. 4801 et seq.; relating 

to diplomatic security) is amended by inserting after section 103 

the following new sections: 

‘‘SEC. 104. DESIGNATION OF HIGH RISK, HIGH THREAT POSTS. 

‘‘(a) INITIAL DESIGNATION.—Not later than 30 days after the 

date of the enactment of this section, the Department of State 

shall submit to the appropriate congressional committees a report, 

in classified form, that contains a list of diplomatic and consular 

posts designated as high risk, high threat posts. 

‘‘(b) DESIGNATIONS BEFORE OPENING OR REOPENING POSTS.— 

Before opening or reopening a diplomatic or consular post, the 

Determinations. 

22 USC 4803. 

Deadline. 

Reports. 

22 USC 2651 

note. 


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130 STAT. 1908 PUBLIC LAW 114–323—DEC. 16, 2016 

Secretary shall determine if such post should be designated as 

a high risk, high threat post. 

‘‘(c) DESIGNATING EXISTING POSTS.—The Secretary shall regularly review existing diplomatic and consular posts to determine 

if any such post should be designated as a high risk, high threat 

post if conditions at such post or the surrounding security environment require such a designation. 

‘‘(d) DEFINITIONS.—In this section: 

‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘appropriate congressional committees’ means the Committee 

on Foreign Affairs of the House of Representatives and the 

Committee on Foreign Relations of the Senate. 

‘‘(2) HIGH RISK, HIGH THREAT POST.—The term ‘high risk, 

high threat post’ means a United States diplomatic or consular 

post or other United States mission abroad, as determined 

by the Secretary, that, among other factors— 

‘‘(A) is located in a country— 

‘‘(i) with high to critical levels of political violence 

and terrorism; and 

‘‘(ii) the government of which lacks the ability or 

willingness to provide adequate security; and 

‘‘(B) has mission physical security platforms that fall 

below the Department of State’s established standards. 

‘‘SEC. 105. BRIEFINGS ON EMBASSY SECURITY. 

‘‘(a) BRIEFING.—The Secretary shall provide monthly briefings 

to the appropriate congressional committees on— 

‘‘(1) any plans to open or reopen a high risk, high threat 

post, including— 

‘‘(A) the importance and appropriateness of the objectives of the proposed post to the national security of the 

United States, and the type and level of security threats 

such post could encounter; 

‘‘(B) working plans to expedite the approval and 

funding for establishing and operating such post, implementing physical security measures, providing necessary 

security and management personnel, and the provision of 

necessary equipment; 

‘‘(C) security ‘tripwires’ that would determine specific 

action, including enhanced security measures or evacuation 

of such post, based on the improvement or deterioration 

of the local security environment; and 

‘‘(D) in coordination with the Secretary of Defense, 

an evaluation of available United States military assets 

and operational plans to respond to such posts in extremis; 

‘‘(2) personnel staffing and rotation cycles at high risk, 

high threat posts; 

‘‘(3) the current security posture at posts of particular 

concern as determined by such committees; and 

‘‘(4) the progress towards implementation of the provisions 

specified in title I of the Department of State Authorities Act, 

Fiscal Year 2017. 

‘‘(b) CONGRESSIONAL NOTIFICATION.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 

not later than 30 days before opening or reopening a high 

risk, high threat post, the Secretary shall notify the appropriate 

Deadlines. 

Coordination. 

Evaluation. 

22 USC 4804. 


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PUBLIC LAW 114–323—DEC. 16, 2016 130 STAT. 1909 

congressional committees of the decision to open or reopen 

such post. 

‘‘(2) EMERGENCY CIRCUMSTANCES.—If the Secretary determines that the national security interests of the United States 

require the opening or reopening of a high risk, high threat 

post in fewer than 30 days, then as soon as possible, but 

not later than 48 hours before such opening or reopening, 

the Secretary shall transmit to the appropriate congressional 

committees a notification detailing the decision to open or 

reopen such post, the nature of the critical national security 

interests at stake, and the circumstances that prevented the 

normal 30-day notice under paragraph (1). 

‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section, the term ‘appropriate congressional committees’ means— 

‘‘(1) the Committee on Foreign Affairs, the Committee on 

Armed Services, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House 

of Representatives; and 

‘‘(2) the Committee on Foreign Relations, the Committee 

on Armed Services, the Select Committee on Intelligence, and 

the Committee on Appropriations of the Senate.’’. 

(b) CONFORMING AMENDMENT.—The table of contents of the 

Omnibus Diplomatic Security and Antiterrorism Act of 1986 is 

amended by inserting after the item relating to section 103 the 

following new items: 

‘‘Sec. 104. Designation of high risk, high threat posts. 

‘‘Sec. 105. Briefings on embassy security.’’. 

SEC. 102. CONTINGENCY PLANS FOR HIGH RISK, HIGH THREAT POSTS. 

Subsection (a) of section 606 of the Secure Embassy Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865; relating 

to diplomatic security) is amended— 

(1) in paragraph (1)(A), in the first sentence— 

(A) by inserting ‘‘and from complex attacks (as such 

term is defined in section 416 of the Omnibus Diplomatic 

Security and Antiterrorism Act of 1986),’’ after ‘‘attacks 

from vehicles’’; and 

(B) by inserting ‘‘or such a complex attack’’ before 

the period at the end; 

(2) in paragraph (7), by inserting before the period at 

the end the following: ‘‘, including at high risk, high threat 

posts (as such term is defined in section 104 of the Omnibus 

Diplomatic Security and Antiterrorism Act of 1986), including 

options for the deployment of additional military personnel 

or equipment to bolster security and rapid deployment of armed 

or surveillance assets in response to an attack’’. 

SEC. 103. DIRECT REPORTING. 

The Assistant Secretary for Diplomatic Security shall report 

directly to the Secretary, without being required to obtain the 

approval or concurrence of any other official of the Department, 

as threats and circumstances require. 

SEC. 104. ACCOUNTABILITY REVIEW BOARD RECOMMENDATIONS 

RELATED TO UNSATISFACTORY LEADERSHIP. 

(a) IN GENERAL.—Subsection (c) of section 304 of the Diplomatic 

Security Act (22 U.S.C. 4834) is amended— 

(1) in the matter preceding paragraph (1)— 

22 USC 4802 

note. 

Determination. 


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130 STAT. 1910 PUBLIC LAW 114–323—DEC. 16, 2016 

(A) by striking ‘‘Whenever’’ and inserting ‘‘If’’; and 

(B) by striking ‘‘has breached the duty of that individual’’ and inserting ‘‘has engaged in misconduct or 

unsatisfactorily performed the duties of employment of that 

individual, and such misconduct or unsatisfactory performance has significantly contributed to the serious injury, 

loss of life, or significant destruction of property, or the 

serious breach of security that is the subject of the Board’s 

examination as described in subsection (a)’’; 

(2) in paragraph (2), by striking ‘‘finding’’ each place it 

appears and inserting ‘‘findings’’; and 

(3) in the matter following paragraph (3)— 

(A) by striking ‘‘has breached a duty of that individual’’ 

and inserting ‘‘has engaged in misconduct or unsatisfactorily performed the duties of employment of that individual as described in this subsection’’; and 

(B) by striking ‘‘to the performance of the duties of 

that individual’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall apply with respect to any Accountability Review Board 

that is convened under section 301 of the Diplomatic Security 

Act (22 U.S.C. 4831) on or after the date of the enactment of 

this Act. 

Subtitle B—Physical Security and 

Personnel Requirements 

SEC. 111. CAPITAL SECURITY COST SHARING PROGRAM. 

(a) SENSE OF CONGRESS ON THE CAPITAL SECURITY COST

SHARING PROGRAM.—It is the sense of Congress that the Capital 

Security Cost Sharing Program should prioritize the construction 

of new facilities and the maintenance of existing facilities at high 

risk, high threat posts. 

(b) RESTRICTION ON CONSTRUCTION OF OFFICE SPACE.—Paragraph (2) of section 604(e) of the Secure Embassy Construction 

and Counterterrorism Act of 1999 (title VI of division A of H.R. 

3427, as enacted into law by section 1000(a)(7) of Public Law 

106–113; 113 Stat. 1501A–453; 22 U.S.C. 4865 note) is amended 

by adding at the end the following new sentence: ‘‘A project to 

construct a diplomatic facility of the United States may not include 

office space or other accommodations for an employee of a Federal 

department or agency to the extent that the Secretary of State 

determines that such department or agency has not provided to 

the Department of State the full amount of funding required under 

paragraph (1), notwithstanding any authorization and appropriation 

of relevant funds by Congress.’’. 

SEC. 112. LOCAL GUARD CONTRACTS ABROAD UNDER DIPLOMATIC 

SECURITY PROGRAM. 

Section 136 of the Foreign Relations Authorization Act, Fiscal 

Years 1990 and 1991 (22 U.S.C. 4864) is amended by adding at 

the end the following new subsection: 

‘‘(h) AWARD OF LOCAL GUARD AND PROTECTIVE SERVICE CONTRACTS.—In evaluating proposals for local guard contracts under 

this section, the Secretary of State may award such contracts on 

the basis of best value as determined by a cost-technical tradeoff 

Applicability. 

22 USC 4834 

note. 


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PUBLIC LAW 114–323—DEC. 16, 2016 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) 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) Not later than 15 days before any transfer of funds pursuant to paragraph (1), the Secretary of State shall notify in writing 

the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs 

and the Committee on Appropriations of the House of Representatives. Any such notification shall include a description of the particular security need necessitating the transfer at issue.’’. 

SEC. 114. SECURITY ENHANCEMENTS FOR SOFT TARGETS. 

Section 29 of the State Department Basic Authorities Act of 

1956 (22 U.S.C. 2701) is amended, in the third sentence, by 

inserting ‘‘physical security enhancements and’’ after ‘‘may include’’. 

SEC. 115. EXEMPTION FROM CERTAIN PROCUREMENT PROTEST 

PROCEDURES FOR NONCOMPETITIVE CONTRACTING IN 

EMERGENCY CIRCUMSTANCES. 

A determination by the Department to use procedures other 

than competitive procedures under section 3304 of title 41, United 

States Code, in order to meet emergency security requirements, 

as determined by the Secretary or the Secretary’s designee, 

including physical security upgrades, protective equipment, and 

other immediate threat mitigation projects, shall not be subject 

to challenge by protest under either subchapter V of chapter 35 

of title 31, United States Code, or section 1491 of title 28, United 

States Code. 

22 USC 2679d. 

Deadline. 

Notification. 

Determination. 


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130 STAT. 1912 PUBLIC LAW 114–323—DEC. 16, 2016 

SEC. 116. SENSE OF CONGRESS REGARDING MINIMUM SECURITY 

STANDARDS FOR TEMPORARY UNITED STATES DIPLOMATIC AND CONSULAR POSTS. 

It is the sense of Congress that— 

(1) the Overseas Security Policy Board’s security standards 

for facilities should apply to all facilities consistent with 12 

FAM 311.2; and 

(2) such facilities should comply with requirements for 

attaining a waiver or exception to applicable standards if it 

is in the national interest of the United States. 

SEC. 117. ASSIGNMENT OF PERSONNEL AT HIGH RISK, HIGH THREAT 

POSTS. 

The Secretary to the extent practicable shall station key personnel for sustained periods of time at high risk, high threat posts 

(as such term is defined in section 104 of the Omnibus Diplomatic 

Security and Antiterrorism Act of 1986, as added by section 401 

of this Act) in order to— 

(1) establish institutional knowledge and situational awareness that would allow for a fuller familiarization of the local 

political and security environment in which such posts are 

located; and 

(2) ensure that necessary security procedures are implemented. 

SEC. 118. ANNUAL REPORT ON EMBASSY CONSTRUCTION COSTS. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act and annually thereafter, the Secretary 

shall submit to the appropriate congressional committees a comprehensive report regarding all ongoing embassy construction 

projects and major embassy security upgrade projects. 

(b) CONTENTS.—Each report required under subsection (a) shall 

include the following with respect to each ongoing embassy construction projects and major embassy security upgrade projects: 

(1) The initial cost estimate. 

(2) The amount expended on the project to date. 

(3) The projected timeline for completing the project. 

(4) Any cost overruns incurred by the project. 

(c) INITIAL REPORT.—The first report required under subsection 

(a) shall include an annex regarding all embassy construction 

projects and major embassy security upgrade projects completed 

during the 10-year period ending on the date of the enactment 

of this Act, including, for each such project, the following: 

(1) The initial cost estimate. 

(2) The amount actually expended on the project. 

(3) Any additional time required to complete the project 

beyond the initial timeline. 

(4) Any cost overruns incurred by the project. 

SEC. 119. EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE. 

Section 1 of the Foreign Service Buildings Act, 1926 (22 U.S.C. 

292), is amended by adding at the end the following new subsection: 

‘‘(c) AUTHORIZATION FOR IMPROVEMENTS AND CONSTRUCTION.— 

The Secretary of State may improve or construct facilities overseas 

for other Federal departments and agencies on an advance-of-funds 

or reimbursable basis if such advances or reimbursements are credited to the Embassy Security, Construction, and Maintenance 

account and remain available until expended.’’. 

Time period. 

Cost estimates. 

22 USC 304. 

22 USC 4868. 


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PUBLIC LAW 114–323—DEC. 16, 2016 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. SECURITY TRAINING FOR PERSONNEL ASSIGNED TO A HIGH 

RISK, HIGH THREAT POST. 

‘‘(a) IN GENERAL.—Individuals assigned permanently to or who 

are in long-term temporary duty status as designated by the Secretary of State at a high risk, high threat post shall receive security 

training described in subsection (b) on a mandatory basis in order 

to prepare such individuals for living and working at such posts. 

‘‘(b) SECURITY TRAINING DESCRIBED.—Security training referred 

to in subsection (a)— 

‘‘(1) is training to improve basic knowledge and skills; 

and 

‘‘(2) may include— 

‘‘(A) an ability to recognize, avoid, and respond to 

potential terrorist situations, including a complex attack; 

‘‘(B) conducting surveillance detection; 

‘‘(C) providing emergency medical care; 

‘‘(D) ability to detect the presence of improvised explosive devices; 

‘‘(E) minimal firearms familiarization; and 

‘‘(F) defensive driving maneuvers. 

‘‘(c) EFFECTIVE DATE.—The requirements of this section shall 

take effect upon the date of the enactment of this section. 

‘‘(d) DEFINITIONS.—In this section and section 417: 

‘‘(1) COMPLEX ATTACK.—The term ‘complex attack’ has the 

meaning given such term by the North Atlantic Treaty 

Organization, as follows: ‘An attack conducted by multiple hostile elements which employ at least two distinct classes of 

weapon systems (i.e., indirect fire and direct fire, improvised 

explosive devices, and surface to air fire).’. 

‘‘(2) HIGH RISK, HIGH THREAT POST.—The term ‘high risk, 

high threat post’ has the meaning given such term in section 

104. 

‘‘SEC. 417. SECURITY MANAGEMENT TRAINING FOR OFFICIALS 

ASSIGNED TO A HIGH RISK, HIGH THREAT POST. 

‘‘(a) IN GENERAL.—Officials described in subsection (c) who 

are assigned to a high risk, high threat post shall receive security 

training described in subsection (b) on a mandatory basis in order 

to improve the ability of such officials to make security-related 

management decisions. 

‘‘(b) SECURITY TRAINING DESCRIBED.—Security training referred 

to in subsection (a) may include— 

‘‘(1) development of skills to better evaluate threats; 

‘‘(2) effective use of security resources to mitigate such 

threats; and 

‘‘(3) improved familiarity of available security resources. 

‘‘(c) OFFICIALS DESCRIBED.—Officials referred to in subsection 

(a) are the following: 

22 USC 4867. 

22 USC 4866. 


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130 STAT. 1914 PUBLIC LAW 114–323—DEC. 16, 2016 

‘‘(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 longterm temporary duty status as designated by the Secretary at 

a high risk, high threat post should receive language training 

described in subsection (b) in order to prepare such personnel 

for duty requirements at such post. 

(b) LANGUAGE TRAINING DESCRIBED.—Language training 

referred to in subsection (a) should prepare personnel described 

in such subsection to— 

(1) speak the language at issue with sufficient structural 

accuracy and vocabulary to participate effectively in most 

formal and informal conversations on subjects germane to security; and 

(2) read within an adequate range of speed and with almost 

complete comprehension on subjects germane to security. 

Subtitle D—Expansion of the Marine Corps 

Security Guard Detachment Program 

SEC. 131. MARINE CORPS SECURITY GUARD PROGRAM. 

(a) IN GENERAL.—Pursuant to the responsibility of the Secretary for diplomatic security under section 103 of the Diplomatic 

Security Act (22 U.S.C. 4802; enacted as part of the Omnibus 

Diplomatic Security and Antiterrorism Act of 1986 (Public Law 

99–399)), the Secretary, in consultation with the Secretary of 

Consultation. 

22 USC 4802 

note. 

Review. 

Assessments. 


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PUBLIC LAW 114–323—DEC. 16, 2016 130 STAT. 1915 

Defense, shall conduct an annual review of the Marine Corps Security Guard Program, including the following: 

(1) An evaluation of whether the size and composition 

of the Marine Corps Security Guard Program is adequate to 

meet global diplomatic security requirements. 

(2) An assessment of whether the Marine Corps security 

guards are appropriately deployed among United States embassies, consulates, and other diplomatic facilities to respond to 

evolving security developments and potential threats to United 

States interests abroad. 

(3) An assessment of the mission objectives of the Marine 

Corps Security Guard Program and the procedural rules of 

engagement to protect diplomatic personnel under the Program. 

(b) REPORTING REQUIREMENT.—Not later than 180 days after 

the date of the enactment of this Act and annually thereafter 

for 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. COMPETITIVE HIRING STATUS FOR FORMER EMPLOYEES 

OF THE OFFICE OF THE SPECIAL INSPECTOR GENERAL 

FOR IRAQ RECONSTRUCTION. 

Notwithstanding any other provision of law, any employee of 

the Office of the Special Inspector General for Iraq Reconstruction 

who completes at least 12 months of continuous employment within 

the Office at any time prior to October 5, 2013, and was not 

terminated for cause shall acquire competitive status for appointment to any position in the competitive service for which the 

employee possesses the required qualifications. 

SEC. 202. CERTIFICATION OF INDEPENDENCE OF INFORMATION TECHNOLOGY SYSTEMS OF THE OFFICE OF INSPECTOR GENERAL OF THE DEPARTMENT OF STATE AND BROADCASTING BOARD OF GOVERNORS. 

Not later than 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 

Deadlines. 

Time period. 

Evaluation. 


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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 INVESTIGA- TIONS 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 


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that some recommendations may yield potentially significant cost 

savings to the Department. 

(b) BRIEFING.—The Secretary shall provide a briefing to the 

appropriate congressional committees detailing the rationale for 

not implementing recommendations made by the GAO and OIG 

related to embassy security or those that may yield significant 

cost savings to the Department, if implemented. 

SEC. 206. INSPECTOR GENERAL SALARY LIMITATIONS. 

Section 412 of the Foreign Service Act of 1980 (22 U.S.C. 

3972) is amended by inserting after subsection (a) the following 

new subsection: 

‘‘(b) The Inspector General of the United States Agency for 

International Development (USAID) shall limit the payment of 

special differentials to USAID Foreign Service criminal investigators to levels at which the aggregate of basic pay and special 

differential for any pay period would equal, for such criminal investigators, the bi-weekly pay limitations on premium pay regularly 

placed on other criminal investigators within the Federal law 

enforcement community. This provision shall be retroactive to 

January 1, 2013.’’. 

TITLE III—INTERNATIONAL 

ORGANIZATIONS 

SEC. 301. OVERSIGHT OF AND ACCOUNTABILITY FOR PEACEKEEPER 

ABUSES. 

(a) STRATEGY TO ENSURE REFORM AND ACCOUNTABILITY.—Not 

later than 180 days after the date of the enactment of this Act, 

the Secretary shall submit, in unclassified form, to the appropriate 

congressional committees— 

(1) a United States strategy for combating sexual exploitation and abuse in United Nations peacekeeping operations; 

and 

(2) an implementation plan for achieving the objectives 

set forth in the strategy described in paragraph (1). 

(b) OBJECTIVES.—The objectives of the strategy required under 

subsection (a) shall be the following: 

(1) To dramatically reduce the incidence of sexual exploitation and abuse committed by civilian and military personnel 

assigned to United Nations peacekeeping operations. 

(2) To ensure the introduction and implementation by the 

United Nations of improved training, oversight, and accountability mechanisms for United Nations peacekeeping operations 

and the personnel involved with such operations. 

(3) To ensure swift justice for any such personnel who 

are found to have committed sexual exploitation or abuse. 

(4) To assist the United Nations and troop- or policecontributing 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: 

Implementation 

plan. 

Deadline. 

22 USC 287 note. 

Effective date. 


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(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 


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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) HUMAN RIGHTS REPORTING.—In coordination with the 

ombudsman described in subsection (c)(4) (or other appropriate 

United Nations official), the Secretary shall identify, in the Department’s annual country reports on human rights practices, the countries of origin of any peacekeeping personnel or units that— 

(1) are characterized by noteworthy patterns of sexual 

exploitation or abuse; or 

(2) have failed to institute appropriate institutional and 

procedural reforms after being made aware of any such patterns. 

SEC. 302. REIMBURSEMENT OF CONTRIBUTING COUNTRIES. 

It is the policy of the United States that— 

22 USC 287 note. 

Coordination. 


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(1) the present formula for determining the troop 

reimbursement rate paid to troop- and police-contributing countries for United Nations peacekeeping operations should be 

clearly explained and made available to the public on the 

United Nations Department of Peacekeeping Operations 

website; 

(2) regular audits of the nationally-determined pay and 

benefits given to personnel from troop- and police-contributing 

countries participating in United Nations peacekeeping operations should be conducted to help inform the reimbursement 

rate referred to in paragraph (1); and 

(3) the survey mechanism developed by the United Nations 

Secretary General’s Senior Advisory Group on Peacekeeping 

Operations for collecting troop- and police-contributing country 

data on common and extraordinary expenses associated with 

deploying personnel to peacekeeping operations should be 

coordinated with the audits described in paragraph (2) to ensure 

proper oversight and accountability. 

SEC. 303. WITHHOLDING OF ASSISTANCE. 

It is the policy of the United States that security assistance 

should not be provided to any unit of the security forces of a 

foreign country if such unit has engaged in a gross violation of 

human rights or in acts of sexual exploitation or abuse, including 

while serving in a United Nations peacekeeping operation. 

SEC. 304. UNITED NATIONS PEACEKEEPING ASSESSMENT FORMULA. 

The Secretary shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to urge the United 

Nations to share the raw data used to calculate Member State 

peacekeeping assessment rates and to make available the formula 

for determining peacekeeping assessments. 

SEC. 305. REIMBURSEMENT OR APPLICATION OF CREDITS. 

Notwithstanding any other provision of law, the President shall 

direct the United States Permanent Representative to the United 

Nations to use the voice, vote, and influence of the United States 

at the United Nations to seek and timely obtain a commitment 

from the United Nations to make available to the United States 

any peacekeeping credits that are generated from a closed peacekeeping operation. 

SEC. 306. REPORT ON UNITED STATES CONTRIBUTIONS TO THE 

UNITED NATIONS RELATING TO PEACEKEEPING OPERATIONS. 

(a) IN GENERAL.—Paragraph (1) of section 4(c) of the United 

Nations Participation Act of 1945 (22 U.S.C. 287b(c)) is amended— 

(1) by amending subparagraph (A) to read as follows: 

‘‘(A) A description of all assistance from the United 

States to the United Nations to support peacekeeping operations that— 

‘‘(i) was provided during the previous fiscal year; 

‘‘(ii) is expected to be provided during the fiscal 

year; or 

‘‘(iii) is included in the annual budget request to 

Congress for the forthcoming fiscal year.’’; 

(2) by amending subparagraph (D) to read as follows: 

President. 

22 USC 287 note. 

22 USC 287 note. 

22 USC 287 note. 


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‘‘(D) For assessed or voluntary contributions described in subparagraph (B)(iii) or (C)(iii) that exceed $100,000 

in value, including in-kind contributions— 

‘‘(i) the total amount or estimated value of all 

such contributions to the United Nations and to each 

of its affiliated agencies and related bodies; 

‘‘(ii) the nature and estimated total value of all 

in-kind contributions in support of United Nations 

peacekeeping operations and other international peacekeeping operations, including— 

‘‘(I) logistics; 

‘‘(II) airlift; 

‘‘(III) arms and materiel; 

‘‘(IV) nonmilitary technology and equipment; 

‘‘(V) personnel; and 

‘‘(VI) training; 

‘‘(iii) the approximate percentage of all such contributions to the United Nations and to each such 

agency or body when compared with all contributions 

to the United Nations and to each such agency or 

body from any source; and 

‘‘(iv) for each such United States Government contribution to the United Nations and to each such 

agency or body— 

‘‘(I) the amount or value of the contribution; 

‘‘(II) a description of the contribution, 

including whether it is an assessed or voluntary 

contribution; 

‘‘(III) the purpose of the contribution; 

‘‘(IV) the department or agency of the United 

States Government responsible for the contribution; and 

‘‘(V) the United Nations or United Nations 

affiliated agency or related body that received the 

contribution.’’; and 

(3) by adding at the end the following new subparagraph: 

‘‘(E) The report required under this subsection shall 

be submitted in unclassified form, but may include a classified annex.’’. 

(b) PUBLIC AVAILABILITY OF INFORMATION.—Not later than 14 

days after submitting each report under section 4(c) of the United 

Nations Participation Act of 1945 (22 U.S.C. 287b(c)), the Director 

of the Office of Management and Budget shall post a text-based, 

searchable version of any unclassified information described in paragraph (1)(D) of such section (as amended by subsection (a) of this 

section) on a publicly available website. 

SEC. 307. WHISTLEBLOWER PROTECTIONS FOR UNITED NATIONS PERSONNEL. 

The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to— 

(1) call for the removal of any official of the United Nations 

or of any United Nations agency, program, commission, or 

fund who the Secretary has determined has failed to uphold 

the highest standards of ethics and integrity established by 

the United Nations, including such standards specified in 

President. 

22 USC 287 note. 

Web posting. 

22 USC 287b 

note. 


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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 


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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. 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.’’. 

Deadlines. 

Reports. 

Assessments. 


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SEC. 309. STATEMENT OF POLICY ON MEMBER STATE’S VOTING PRACTICES AT THE UNITED NATIONS. 

It is the policy of the United States to strongly consider a 

Member State’s voting practices at the United Nations before 

entering into any agreements with the Member State. 

SEC. 310. QUALIFICATIONS OF THE UNITED NATIONS SECRETARY GENERAL. 

(a) SENSE OF CONGRESS.—The Secretary shall direct the United 

States Permanent Representative to the United Nations to use 

the voice, vote, and influence of the United States at the United 

Nations to urge each future candidate for the position of the United 

Nations Secretary General to circulate to the Member States of 

the General Assembly a description of his or her priorities and 

objectives for leading the organization and ensuring that it upholds 

the principles outlined by the United Nations Charter, including 

specific recommendations to improve strategic planning and enact 

far-reaching management, performance, and accountability reforms. 

(b) PROPOSAL FOR UNITED NATIONS REFORM.—The descriptions 

referred to in subsection (a) shall include the following elements: 

(1) A process for determining the goals, objectives, and 

benchmarks for the timely withdrawal of peacekeeping forces 

prior to the approval by the United Nations Security Council 

of a new or expanded peacekeeping operation. 

(2) A proposal for ensuring that the numbers and qualifications of staff are clearly aligned with the specific needs of 

each United Nations agency, mission, and program, including 

measures to ensure that such agencies, missions, and programs 

have the flexibility needed to hire and release employees as 

workforce needs change over time. 

(c) STATEMENT OF POLICY.—It is the policy of the United States 

to withhold support for any candidate for the position of United 

Nations Secretary General unless such candidate has produced 

a clear vision for leading the United Nations, including a robust 

reform agenda as described in subsection (b), and circulated such 

l to the Member States of the General Assembly. 

SEC. 311. POLICY REGARDING THE UNITED NATIONS HUMAN RIGHTS 

COUNCIL. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that 

the United States should use its voice, vote, and influence at the 

United Nations to work to ensure that— 

(1) the United Nations Human Rights Council takes steps 

to remove permanent items on the United Nations Human 

Rights Council’s agenda or program of work that target or 

single out a specific country or a specific territory or territories; 

(2) the United Nations Human Rights Council does not 

include a Member State of the United Nations— 

(A) subject to sanctions by the United Nations Security 

Council; 

(B) under a United Nations Security Council-mandated 

investigation for human rights abuses; 

(C) which the Secretary has determined, for purposes 

of section 6(j) of the Export Administration Act of 1979 

(as continued in effect pursuant to the International Emergency Economic Powers Act), section 40 of the Arms Export 

Control Act, section 620A of the Foreign Assistance Act 

22 USC 287 note. 

22 USC 2414a 

note. 


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of 1961, or other provision of law, is a government that 

has repeatedly provided support for acts of international 

terrorism; or 

(D) which the President has designated as a country 

of particular concern for religious freedom under section 

402(b) of the International Religious Freedom Act of 1998; 

and 

(3) the percentage of United States citizens employed at 

the senior level in each of the Research and Right to Development Division, the Human Rights Treaties Division, the Field 

Operations and Technical Cooperation Division, and the Human 

Rights Council and Special Procedures Division of the United 

Nations Human Rights Office of the High Commissioner during 

the most recently completed plenary session of the United 

Nations General Assembly is at least equivalent to the percentage of the total United States assessed contribution to the 

United Nations regular budget during such plenary session 

of the United Nations General Assembly. 

(b) REPORT.—Not later than 90 days after the date of the 

enactment of this Act, and annually thereafter for each of the 

following 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) a detailed list of any country currently on, or running 

for a seat on, the United Nations Human Rights Council that 

meets any of the criteria described in subparagraph (A), (B), 

(C), or (D) of subsection (a)(3); and 

(4) the current employment breakdown by nationality at 

each of the four major divisions of the United Nations Human 

Rights Office of the High Commissioner as specified in subsection (a)(4). 

SEC. 312. ADDITIONAL REPORT ON OTHER UNITED STATES CONTRIBUTIONS TO THE UNITED NATIONS. 

(a) IN GENERAL.—Not later than 90 days after the date of 

the enactment of this Act and annually thereafter, the Director 

of the Office of Management and Budget shall submit to Congress 

a report on all assessed and voluntary contributions with a value 

greater than $100,000, including in-kind, of the United States 

Government to the United Nations and its affiliated agencies and 

related bodies during the previous fiscal year. 

(b) CONTENT.—The report required under subsection (a) shall 

include the following elements: 

(1) The total amount of all assessed and voluntary contributions, including in-kind, of the United States Government to 

the United Nations and its affiliated agencies and related bodies 

during the previous fiscal year. 

(2) The approximate percentage of United States Government contributions to each United Nations affiliated agency 

or body in such fiscal year when compared with all contributions 

22 USC 287b–1. 

Lists. 

Time period. 


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to each such agency or body from any source in such fiscal 

year. 

(3) For each such United States Government contribution— 

(A) the amount of each such contribution; 

(B) a description of each such contribution (including 

whether assessed or voluntary); 

(C) the department or agency of the United States 

Government responsible for each such contribution; 

(D) the purpose of each such contribution; and 

(E) the United Nations or its affiliated agency or 

related body receiving the contribution. 

(c) SCOPE OF INITIAL REPORT.—The first report required under 

subsection (a) shall include the information required under this 

section for the previous 3 fiscal years. 

(d) PUBLIC AVAILABILITY OF INFORMATION.—Not later than 14 

days after submitting a report required under subsection (a), the 

Director of the Office of Management and Budget shall post a 

public version of such report on a text-based, searchable, and publicly available Internet Web site. 

SEC. 313. COMPARATIVE REPORT ON PEACEKEEPING OPERATIONS. 

Not later than 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) 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. LOCALLY-EMPLOYED STAFF WAGES. 

(a) MARKET-RESPONSIVE STAFF WAGES.—Not later than 180 

days after the date of enactment of this Act and periodically thereafter, the Secretary shall establish and implement a prevailing 

wage rates goal for positions in the local compensation plan, as 

described in section 408 of the Foreign Service Act of 1980 (22 

U.S.C. 3968), at each diplomatic post that— 

(1) is based on the specific recruiting and retention needs 

of each such post and local labor market conditions, as determined annually; and 

(2) is not less than the 50th percentile of the prevailing 

wage for comparable employment in the labor market surrounding each such post. 

(b) EXCEPTION.—The prevailing wage rate goal established 

under subsection (a) shall not apply if compliance with such subsection would be inconsistent with applicable United States law, 

the law in the locality of employment, or the public interest. 

Deadline. 

22 USC 3968a. 

Analysis. 

Web posting. 

Time period. 


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(c) RECORDKEEPING REQUIREMENT.—The analytical assumptions underlying the calculation of wage levels at each diplomatic 

post under subsection (a), and the data upon which such calculation 

is based— 

(1) shall be filed electronically and retained for not less 

than 5 years; and 

(2) shall be made available to the appropriate congressional 

committees upon request. 

SEC. 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) The requirements under subparagraph (A) shall not apply 

if the Secretary certifies that the individual proposed for promotion 

to the Senior Foreign Service— 

‘‘(i) has met all other requirements applicable to such promotion; and 

‘‘(ii) was unable to complete a tour in a global affairs 

bureau or global affairs position because there was not a reasonable opportunity for such individual to be assigned to such 

a position. 

‘‘(C) In this paragraph— 

‘‘(i) the term ‘global affairs bureau’ means any bureau 

of the Department that is under the responsibility of— 

‘‘(I) the Under Secretary for Economic Growth, Energy, 

and Environment; 

‘‘(II) the Under Secretary for Arms Control and International Security Affairs; 

‘‘(III) the Under Secretary for Management; 

‘‘(IV) the Assistant Secretary for International 

Organization Affairs; 

‘‘(V) the Under Secretary for Public Diplomacy and 

Public Affairs; or 

‘‘(VI) the Under Secretary for Civilian, Security, 

Democracy, and Human Rights; and 

‘‘(ii) the term ‘global affairs position’ means any position 

funded with amounts appropriated to the Department under 

the heading ‘Diplomatic Policy and Support’.’’. 

Definitions. 

Certification. 

Time period. 


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130 STAT. 1928 PUBLIC LAW 114–323—DEC. 16, 2016 

SEC. 404. LATERAL ENTRY INTO THE FOREIGN SERVICE. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that 

the Foreign Service should permit mid-career entry into the Foreign 

Service for qualified individuals who are willing to bring their 

outstanding talents and experiences to the work of the Foreign 

Service. 

(b) PILOT PROGRAM.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary shall establish a 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. 

Deadline. 


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PUBLIC LAW 114–323—DEC. 16, 2016 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) AUTHORITY.—The Secretary of State may waive the application of section 8344 or 8468 of title 5, United States Code, on 

a case-by-case basis, for employment of an annuitant in a position 

in the Department of State for which there is exceptional difficulty 

in recruiting or retaining a qualified employee, or when a temporary 

emergency hiring need exists.’’. 

(c) RIGHTSIZING REPORT.—On the date on which the President’s 

annual budget request is submitted to Congress each year through 

2022, the Secretary shall submit to the appropriate congressional 

committees a report that describes the implementation status of 

all rightsizing recommendations made by the Office of Management, 

Policy, Rightsizing, and Innovation of the Department related to 

overseas staffing levels, including whether each such recommendation was accepted or rejected by the relevant chief of mission 

and regional bureau. 

SEC. 406. INTEGRATION OF FOREIGN ECONOMIC POLICY. 

(a) IN GENERAL.—The Secretary, in conjunction with the Under 

Secretary of Economic Growth, Energy, and the Environment, shall 

establish— 

(1) foreign economic policy priorities for each regional 

bureau, including for individual countries, as appropriate; and 

(2) policies and guidance for integrating such foreign economic policy priorities throughout the Department. 

(b) DEPUTY ASSISTANT SECRETARY.—Within each regional 

bureau of the Department, the Secretary shall task an existing 

Deputy Assistant Secretary with appropriate training and background in economic and commercial affairs with the responsibility 

for economic matters and interests within the responsibilities of 

each such regional bureau, including the integration of the foreign 

economic policy priorities established pursuant to subsection (a). 

(c) TRAINING.—The Secretary shall establish curriculum at the 

George P. Shultz National Foreign Affairs Training Center to 

develop the practical foreign economic policy expertise and skill 

sets of Foreign Service officers, including by making available distance-learning courses in commercial, economic, and business 

affairs, including in the following: 

(1) The global business environment. 

(2) The economics of development. 

(3) Development and infrastructure finance. 

(4) Current trade and investment agreements negotiations. 

(5) Implementing existing multilateral and World Trade 

Organization agreements, and United States trade and investment agreements. 

(6) Best practices for customs and export procedures. 

22 USC 3299c. 

Waiver authority. 


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130 STAT. 1930 PUBLIC LAW 114–323—DEC. 16, 2016 

(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) CONSTRUCTION.—Nothing in the amendment made by subsection (a) may be construed to limit the investigative authority 

of any Federal department or agency other than the Department. 

SEC. 409. LIMITED APPOINTMENTS IN THE FOREIGN SERVICE. 

Section 309 of the Foreign Service Act of 1980 (22 U.S.C. 

3949), is amended— 

(1) in subsection (a) by striking ‘‘subsection (b)’’ and 

inserting ‘‘subsections (b) and (c)’’; 

(2) in subsection (b)— 

(A) in paragraph (3)— 

(i) by striking ‘‘if continued service’’ and inserting 

the following: ‘‘if— 

‘‘(A) continued service’’; 

(ii) in such subparagraph (A) (as so inserted and 

designated by clause (i) of this subparagraph), by 

inserting ‘‘or’’ after the semicolon at the end; and 

(iii) by adding at the end the following new 

subparagraph: 

‘‘(B) the individual is serving in the uniformed services 

(as defined in section 4303 of title 38, United States Code) 

and the limited appointment expires in the course of such 

service;’’; 

(B) in paragraph (4), by striking ‘‘and’’ at the end; 

(C) in paragraph (5), by striking the period at the 

end and inserting a semicolon; and 

(D) by adding at the end the following new paragraph: 

‘‘(6) in exceptional circumstances if the Secretary determines 

the needs of the Service require the extension of— 

‘‘(A) a limited noncareer appointment for a period not to 

exceed 1 year; or 

Time period. 

Determination. 

22 USC 2709 

note. 


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‘‘(B) a limited appointment of a career candidate for the 

minimum time needed to resolve a grievance, claim, investigation, or complaint not otherwise provided for in this section.’’; 

and 

(3) by adding at the end the following new subsection: 

‘‘(c)(1) Except as provided in paragraph (2) noncareer employees 

who have served for 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) The Secretary may waive the 1-year break requirement 

under paragraph (1) in cases of special need.’’. 

SEC. 410. REPORT ON DIVERSITY RECRUITMENT, EMPLOYMENT, 

RETENTION, AND PROMOTION. 

(a) IN GENERAL.—The Secretary should provide oversight to 

the employment, retention, and promotion of traditionally 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) 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 

Lists. 

22 USC 2734b. 

Waiver. 

Time period. 


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130 STAT. 1932 PUBLIC LAW 114–323—DEC. 16, 2016 

(4) for countries in which the Department provides a costof-living allowance greater than zero and the World Bank estimates that the national price level of the country is less than 

the national price level of the United States, a comparison 

of cost-of-living allowances, excluding housing costs, of the private sector providers referred to in paragraph (1) to rates 

constructed by the Department’s Office of Allowances. 

(c) WAIVER.—If the Secretary determines that compliance with 

subsection (b)(4) at a particular location is cost-prohibitive, the 

Secretary may waive the requirement under such subsection for 

such location if the Secretary submits to the appropriate congressional committees written notice and an explanation of the reasons 

for such waiver. 

SEC. 412. TECHNICAL AMENDMENT TO FEDERAL WORKFORCE FLEXIBILITY ACT. 

Chapter 57 of title 5, United States Code, is amended— 

(1) in subparagraph (A) of section 5753(a)(2), by inserting 

‘‘, excluding members of the Foreign Service other than chiefs 

of mission and ambassadors at large’’ before the semicolon 

at the end; and 

(2) in subparagraph (A) of section 5754(a)(2), by inserting 

‘‘, excluding members of the Foreign Service other than chiefs 

of mission and ambassadors at large’’ before the semicolon 

at the end. 

SEC. 413. RETENTION OF MID- AND SENIOR-LEVEL PROFESSIONALS 

FROM TRADITIONALLY 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. EMPLOYEE ASSIGNMENT RESTRICTIONS. 

(a) APPEAL OF ASSIGNMENT RESTRICTION.—The Secretary shall 

establish a right and process for employees to appeal any assignment restriction or preclusion. 

(b) CERTIFICATION.—Upon full implementation of a right and 

process for employees to appeal an assignment restriction or preclusion under subsection (a), the Secretary shall submit to the 

appropriate congressional committee a report that— 

(1) certifies that such process has been fully implemented; 

(2) includes a detailed description of such process; and 

(3) details the number and nature of assignment restrictions and preclusions for the previous 3 years. 

(c) NOTICE.—The Secretary shall— 

(1) publish in the Foreign Affairs Manual information 

relating to the right and process established pursuant to subsection (a); and 

(2) include a reference to such publication in the report 

required under subsection (b). 

Publication. 

Time period. 

22 USC 2734c. 

5 USC 5753. 

Determination. 

Notification. 


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PUBLIC LAW 114–323—DEC. 16, 2016 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) 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) the review by the Foreign Service Grievance Board 

shall be limited to a determination of whether the provisions 

of paragraphs (1) and (2) have been fulfilled; and 

‘‘(B) the Board may not exercise the authority provided 

under section 1106(8). 

‘‘(5) In this subsection: 

‘‘(A) The term ‘reasonable time’ means— 

‘‘(i) with respect to a member of the Service assigned 

to duty in the United States, 15 days after receiving notice 

of the proposed suspension; and 

‘‘(ii) with respect to a member of the Service assigned 

to duty outside the United States, 30 days after receiving 

notice of the proposed suspension. 

‘‘(B) The terms ‘suspend’ and ‘suspension’ mean placing 

a member of the Foreign Service in a temporary status without 

duties.’’. 

(b) CLERICAL AMENDMENT.—The table of contents in section 

2 of the Foreign Service Act of 1980 is amended by striking the 

item relating to section 610 and inserting the following new item: 

‘‘Sec. 610. Separation for cause; Suspension.’’. 

Definitions. 

Review. 

Determination. 

Notification. 


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130 STAT. 1934 PUBLIC LAW 114–323—DEC. 16, 2016 

SEC. 416. SENSE OF CONGRESS ON THE INTEGRATION OF POLICIES 

RELATED TO THE PARTICIPATION OF WOMEN IN PREVENTING AND RESOLVING CONFLICTS. 

It is the sense of Congress that— 

(1) within each regional bureau of the Department, the 

Secretary should task an existing Deputy Assistant Secretary 

with the responsibility for overseeing the integration of policy 

priorities related to the importance of the participation of 

women in preventing and resolving conflicts; and 

(2) the Director of the George P. Shultz National Foreign 

Affairs Training Center should incorporate at least one training 

session related to the importance of the participation of women 

in preventing and resolving conflicts into— 

(A) the A–100 course attended by Foreign Service Officers; and 

(B) with respect to Foreign Service Officers who have 

completed the A–100 course, at least one training course 

that will be completed not later than the date that is 

1 year after the date of the enactment of this Act. 

SEC. 417. FOREIGN SERVICE FAMILIES WORKFORCE STUDY. 

Not later than 180 days after the date of the enactment of 

this Act, the Secretary shall submit to the appropriate congressional 

committees a report on workforce issues and challenges to career 

opportunities pertaining to tandem couples in the Foreign Service 

as well as couples with respect to which only one spouse is in 

the Foreign Service. 

SEC. 418. SPECIAL ENVOYS, REPRESENTATIVES, ADVISORS, AND 

COORDINATORS OF THE DEPARTMENT. 

Not later than 90 days after the date of the enactment of 

this Act, the Secretary shall submit to the appropriate congressional 

committees a report on special envoys, representatives, advisors, 

and coordinators of the Department, that includes— 

(1) a tabulation of the current names, ranks, positions, 

and responsibilities of all special envoy, representative, advisor, 

and coordinator positions at the Department, with a separate 

accounting of all such positions at the level of Assistant Secretary (or equivalent) or above; and 

(2) for each position identified pursuant to paragraph (1)— 

(A) the date on which such position was created; 

(B) the mechanism by which such position was created, 

including the authority under which such position was 

created; 

(C) such positions authorized under section (d) of section 1 of the State Department Basic Authorities Act of 

1956 (22 U.S.C. 2651a); 

(D) a description of whether, and the extent to which, 

the responsibilities assigned to such position duplicate the 

responsibilities of other current officials within the Department, including other special envoys, representatives, 

advisors, and coordinators; 

(E) which current official of the Department would 

be assigned the responsibilities of such position in the 

absence of such position; 

(F) to which current official of the Department such 

position directly reports; 

Deadline. 

Reports. 

Deadline. 

Reports. 


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(G) the total number of staff assigned to support such 

position; and 

(H) with the exception of positions created by statute, 

a detailed explanation of the necessity of such position 

to the effective conduct of the foreign affairs of the United 

States. 

SEC. 419. COMBATING ANTI-SEMITISM. 

Not later than 180 days after the date of the enactment of 

this Act, the Special Envoy to Monitor and Combat Anti-Semitism 

of the Office to Monitor and Combat Anti-Semitism of the Department shall provide to the appropriate congressional committees 

a briefing on United States support to, and opportunities to coordinate with, American and European Jewish and other civil society 

organizations, focusing on youth, to combat anti-Semitism and other 

forms of religious, ethnic, or racial intolerance in Europe. 

TITLE V—CONSULAR AUTHORITIES 

SEC. 501. CODIFICATION OF ENHANCED CONSULAR IMMUNITIES. 

Section 4 of the Diplomatic Relations Act (22 U.S.C. 254c) 

is amended— 

(1) by striking ‘‘The President’’ and inserting the following: 

‘‘(a) IN GENERAL.—The President’’; and 

(2) by adding at the end the following new subsection: 

‘‘(b) CONSULAR IMMUNITY.— ‘‘(1) IN GENERAL.—The Secretary of State, with the concurrence of the Attorney General, may, on the basis of reciprocity 

and under such terms and conditions as the Secretary may 

determine, specify privileges and immunities for a consular 

post, the members of a consular post, and their families which 

result in more favorable or less favorable treatment than is 

provided in the Vienna Convention on Consular Relations, of 

April 24, 1963 (T.I.A.S. 6820), entered into force for the United 

States on December 24, 1969. 

‘‘(2) CONSULTATION.—Before exercising the authority under 

paragraph (1), the Secretary of State shall consult with the 

Committee on Foreign Affairs of the House of Representatives 

and the Committee on Foreign Relations of the Senate 

regarding the circumstances that may warrant the need for 

privileges and immunities providing more favorable or less 

favorable treatment than is provided in the Vienna Convention.’’. 

SEC. 502. PASSPORTS MADE IN THE UNITED STATES. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that 

all components of United States passports, including all passport 

security features, should be printed, manufactured, and assembled 

exclusively within the United States by United States companies 

and personnel, contractors, and subcontractors with appropriate 

security clearances. 

(b) BRIEFINGS.—The Secretary, in coordination with the heads 

of other relevant Federal agencies, shall provide a briefing, which 

may be given in a classified environment if necessary, to the appropriate congressional committees that includes the following details: 

(1) A list of all components of the United States passport 

made outside the United States. 

Lists. 

Coordination. 

Deadline. 

Briefings. 


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(2) The costs of all components of the United States passports made outside the United States. 

(3) Comparable costs to produce and procure in the United 

States the items identified in paragraphs (1) and (2). 

TITLE VI—WESTERN HEMISPHERE 

DRUG POLICY COMMISSION 

SEC. 601. ESTABLISHMENT. 

There is established an independent commission to be known 

as the ‘‘Western Hemisphere Drug Policy Commission’’ (in this 

title referred to as the ‘‘Commission’’). 

SEC. 602. DUTIES. 

(a) REVIEW OF ILLICIT DRUG CONTROL POLICIES.—The Commission shall conduct a comprehensive review of United States foreign 

policy in the Western Hemisphere to reduce the illicit drug supply 

and drug abuse and reduce the damage associated with illicit drug 

markets and trafficking. The Commission shall also identify policy 

and program options to improve existing international counternarcotics policy. The review shall include the following topics: 

(1) An evaluation of United States-funded international 

illicit drug control programs in the Western Hemisphere, 

including drug interdiction, crop eradication, alternative 

development, drug production surveys, police and justice sector 

training, demand reduction, and strategies to target drug kingpins. 

(2) An evaluation of the impact of United States counternarcotics assistance programs in the Western Hemisphere, 

including the Colombia Strategic Development Initiative, the 

Merida Initiative, the Caribbean Basin Security Initiative and 

the Central America Regional Security Initiative, in curbing 

drug production, drug trafficking, and drug-related violence 

and improving citizen security. 

(3) An evaluation of how the President’s annual determination of major drug-transit and major illicit drug producing 

countries pursuant to section 706 of the Foreign Relations 

Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j–1) serves 

United States interests with respect to United States international illicit drug control policies. 

(4) An evaluation of whether the proper indicators of success are being used to evaluate United States international 

illicit drug control policy. 

(5) An evaluation of United States efforts to stop illicit 

proceeds from drug trafficking organizations from entering the 

United States financial system. 

(6) An evaluation of the links between the illegal narcotics 

trade in the Western Hemisphere and terrorist activities around 

the world. 

(7) An evaluation of United States efforts to combat narcoterrorism 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. 

Evaluations. 


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(10) An evaluation of the impact of local drug consumption 

in Latin America and the Caribbean in promoting violence 

and insecurity. 

(11) Recommendations on how best to improve United 

States counternarcotics policies in the Western Hemisphere. 

(b) COORDINATION WITH GOVERNMENTS, INTERNATIONAL

ORGANIZATIONS, AND NONGOVERNMENTAL ORGANIZATIONS IN THE

WESTERN HEMISPHERE.—In conducting the review required under 

subsection (a), the Commission is encouraged to consult with— 

(1) government, academic, and nongovernmental leaders, 

as well as leaders from international organizations, from 

throughout the 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) The President shall appoint two members. 

(b) PROHIBITION.— 

(1) IN GENERAL.—The Commission may not include— 

(A) Members of Congress; or 

(B) Federal, State, or local government officials. 

(2) MEMBER OF CONGRESS.—In this subsection, the term 

‘‘Member of Congress’’ includes a Delegate or Resident Commissioner to the Congress. 

(c) APPOINTMENT OF INITIAL MEMBERS.—The initial members 

of the Commission shall be appointed not later than 30 days after 

the date of the enactment of this Act. 

(d) VACANCIES.—Any vacancies shall not affect the power and 

duties of the Commission, but shall be filled in the same manner 

as the original appointment. An appointment required by subsection 

(a) should be made within 90 days of a vacancy on the Commission. 

(e) PERIOD OF APPOINTMENT.—Each member shall be appointed 

for the life of the Commission. 

(f) INITIAL MEETING AND SELECTION OF CHAIRPERSON.— 

Deadline. 

Deadline. 

President. 

Consultation. 

Recommendations. 


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130 STAT. 1938 PUBLIC LAW 114–323—DEC. 16, 2016 

(1) IN GENERAL.—Not later than 60 days after the date 

of the enactment of this Act, the Commission shall hold an 

initial meeting to develop and implement a schedule for completion of the review and report required under section 362. 

(2) CHAIRPERSON.—At the initial meeting, the Commission 

shall select a Chairperson from among its members. 

(g) QUORUM.—Six members of the Commission shall constitute 

a quorum. 

(h) COMPENSATION.—Members of the Commission— 

(1) shall not be considered to be a Federal employee for 

any purpose by reason of service on the Commission; and 

(2) shall serve without pay. 

(i) TRAVEL EXPENSES.—Members shall receive travel expenses, 

including per diem in lieu of subsistence, in accordance with sections 

5702 and 5703 of title 5, United States Code, while away from 

their homes or regular places of business in performance of services 

for the Commission. 

SEC. 604. POWERS. 

(a) MEETINGS.—The Commission shall meet at the call of the 

Chairperson or a majority of its members. 

(b) HEARINGS.—The Commission may hold such hearings and 

undertake such other activities as the Commission determines necessary to carry out its duties. 

(c) OTHER RESOURCES.— 

(1) DOCUMENTS, STATISTICAL DATA, AND OTHER SUCH

INFORMATION.— 

(A) IN GENERAL.—The Library of Congress, the Office 

of National Drug Control Policy, the Department, and any 

other Federal department or agency shall, in accordance 

with the protection of classified information, provide 

reasonable access to documents, statistical data, and other 

such information the Commission determines necessary to 

carry out its duties. 

(B) OBTAINING INFORMATION.—The Chairperson of the 

Commission shall request the head of an agency described 

in subparagraph (A) for access to documents, statistical 

data, or other such information described in such subparagraph that is under the control of such agency in writing 

when necessary. 

(2) OFFICE SPACE AND ADMINISTRATIVE SUPPORT.—The 

Administrator of General Services shall make office space available for day-to-day activities of the Commission and for scheduled meetings of the Commission. Upon request, the Administrator shall provide, on a reimbursable basis, such administrative support as the Commission requests to fulfill its duties. 

(d) AUTHORITY TO USE UNITED STATES MAILS.—The Commission may use the United States mails in the same manner and 

under the same conditions as other departments and agencies of 

the United States. 

(e) AUTHORITY TO CONTRACT.— (1) IN GENERAL.—Subject to the Federal Property and 

Administrative Services Act of 1949, the Commission is authorized to enter into contracts with Federal and State agencies, 

private firms, institutions, and individuals for the conduct of 

activities necessary to the discharge of its duties under section 

602. 

Reimbursement. 

Deadline. 


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PUBLIC LAW 114–323—DEC. 16, 2016 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) DIRECTOR.—The Commission shall have a Director who 

shall be appointed by a majority vote of the Commission. The 

Director shall be paid at a rate not to exceed the rate of basic 

pay for level IV of the Executive Schedule. 

(b) STAFF.— (1) IN GENERAL.—With the approval of the Commission, 

the Director may appoint such personnel as the Director determines to be appropriate. Such personnel shall be paid at a 

rate not to exceed the rate of basic pay for level IV of the 

Executive Schedule. 

(2) ADDITIONAL STAFF.—The Commission may appoint and 

fix the compensation of such other personnel as may be necessary to enable the Commission to carry out its duties, without 

regard to the provisions of title 5, United States Code, governing 

appointments in the competitive service, and without regard 

to the provisions of chapter 51 and subchapter III of chapter 

53 of such title relating to classification and General Schedule 

pay rates, except that no rate of pay fixed under this subsection 

may exceed the equivalent of that payable to a person occupying 

a position at level V of the Executive Schedule. 

(c) EXPERTS AND CONSULTANTS.—With the approval of the 

Commission, the Director may procure temporary and intermittent 

services under section 3109(b) of title 5, United States Code. 

(d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon the request 

of the Commission, the head of any Federal agency may detail, 

without reimbursement, any of the personnel of such agency to 

the Commission to assist in carrying out the duties of the Commission. Any such detail shall not interrupt or otherwise affect the 

civil service status or privileges of the personnel. 

(e) VOLUNTEER SERVICES.—Notwithstanding section 1342 of 

title 31, United States Code, the Commission may accept and use 

voluntary and uncompensated services as the Commission determines necessary. 

SEC. 606. SUNSET. 

The Commission shall terminate on the date that is 60 days 

after the date on which the Commission submits its report to 

Congress pursuant to section 602(c). 

TITLE VII—MISCELLANEOUS 

PROVISIONS 

SEC. 701. FOREIGN RELATIONS EXCHANGE PROGRAMS. 

(a) EXCHANGES AUTHORIZED.—Title I of the State Department 

Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.) is amended 

by adding at the end the following new section: 

‘‘SEC. 63. FOREIGN RELATIONS EXCHANGE PROGRAMS. 

‘‘(a) AUTHORITY.—The Secretary may establish exchange programs under which officers or employees of the Department of 

State, including individuals appointed under title 5, United States 

22 USC 2735. 

Appointment. 


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130 STAT. 1940 PUBLIC LAW 114–323—DEC. 16, 2016 

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) 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. 

Time period. 

22 USC 6553 

note. 


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PUBLIC LAW 114–323—DEC. 16, 2016 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) 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 publicprivate 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’’. 

22 USC 1465b 

note. 


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130 STAT. 1942 PUBLIC LAW 114–323—DEC. 16, 2016 

(3) EFFECTIVE DATE.—The amendments made by paragraphs (1) and (2) take effect on the date of the enactment 

of this Act and apply with respect to any reward authorized 

under section 36 of the State Department Basic Authorities 

Act of 1956 (as so amended) on or after such date. 

(b) EXTRADITIONS.— 

(1) SENSE OF CONGRESS.—It is the sense of Congress that 

the refusal by other countries to extradite or otherwise render 

to the United States fugitives who have been indicted or convicted within the United States for serious crimes, including 

murder, hijacking, and acts of domestic terrorism, is an impediment to justice, undermines international security, and 

deserves high level diplomatic efforts toward resolution. 

(2) BRIEFING REQUIREMENT.—Not later than 90 days after 

the date of the enactment of this Act, the President shall 

provide to Congress a briefing related to the issues raised 

in paragraph (1), including— 

(A) the number of fugitives and others for whom the 

United States Government is seeking extradition or rendition, both in total and listed by country; 

(B) the average length of time such extradition or 

rendition requests have been outstanding, both in general 

and by country; 

(C) discussion of diplomatic and other efforts the 

United States has undertaken to secure the return of such 

fugitives; 

(D) discussion of factors that have been barriers to 

the resolution of such cases; and 

(E) information on the number of United States citizens 

whose extradition has been sought by foreign governments 

during the past 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) 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. 

Effective date. 

Time period. 

Deadline. 

Applicability. 

22 USC 2708 

note. 


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PUBLIC LAW 114–323—DEC. 16, 2016 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. IMPLEMENTATION PLAN FOR INFORMATION TECHNOLOGY 

AND KNOWLEDGE MANAGEMENT. 

Not later than 90 days after the date of the enactment of 

this Act, the Secretary shall submit to the appropriate congressional 

committees an implementation plan, including timelines and 

resources, required to— 

(1) establish a hub for analytics, data science, strategy, 

and knowledge management at the Department; and 

(2) migrate suitable information technology (as such term 

is defined in section 11101(6) of title 40 United States Code) 

to a cloud computing service or a cloud-based solution. 

SEC. 709. RANSOMS TO FOREIGN TERRORIST ORGANIZATIONS. 

(a) IN GENERAL.—Not later than 90 days after the date of 

the enactment of this Act, the President, in consultation with the 

Secretary, shall transmit to the appropriate congressional committees a report covering the previous calendar providing the following 

details: 

(1) Which foreign governments are believed to have facilitated, directly or indirectly, the payment of ransoms. 

Deadline. 

President. 

Consultation. 

Reports. 

Deadline. 


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130 STAT. 1944 PUBLIC LAW 114–323—DEC. 16, 2016 

(2) Which foreign terrorist organizations received payments 

from foreign governments identified in paragraph (1). 

(3) The amount of each such payment. 

(4) The means of delivering such payments. 

(5) A summary of the efforts of the United States to counter 

such payments. 

(6) Recommendations for improving coordination among 

the foreign allies of the United States to not pay ransoms. 

(b) FORM.—The report required by subsection (a) shall be submitted in unclassified form, may include a classified annex, shall 

be made available to the public by posting the unclassified form 

of such report on the website of the Department, and may be 

included in any other report that is required to be made public. 

SEC. 710. STRATEGY TO COMBAT TERRORIST USE OF SOCIAL MEDIA. 

(a) IN GENERAL.—Not later than 90 days after the date of 

the enactment of this Act, the President shall transmit to the 

appropriate congressional committees a report on United States 

strategy to combat terrorists’ and terrorist organizations’ use of 

social media consistent with the President’s 2011 ‘‘Strategic 

Implementation Plan for Empowering Local Partners to Prevent 

Violent Extremism in the United States’’. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) An evaluation of what role social media plays in 

radicalization in the United States and elsewhere. 

(2) An analysis of how terrorists and terrorist organizations 

are using social media, including trends. 

(3) A summary of the Federal Government’s efforts to disrupt and counter the use of social media by terrorists and 

terrorist organizations, an evaluation of the success of such 

efforts, and recommendations for improvement. 

(4) An analysis of how social media is being used for 

counter-radicalization and counter-propaganda purposes, 

irrespective of whether or not such efforts are made by the 

Federal Government. 

(5) An assessment of the value to law enforcement of social 

media posts by terrorists and terrorist organizations. 

(6) An overview of social media training available to law 

enforcement and intelligence personnel that enables such personnel to understand and combat the use of social media by 

terrorists and terrorist organizations, as well as recommendations for improving or expanding existing training opportunities. 

(c) FORM.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex 

in accordance with the protection of intelligence sources and 

methods. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Foreign Affairs, the Committee on 

the Armed Services, the Committee on Homeland Security, 

the Committee on the Judiciary, and the Permanent Select 

Committee on Intelligence of the House of Representatives; 

and 

Assessment. 

Analysis. 

Analysis. 

Evaluation. 

Deadline. 

President. 

Reports. 

Public 

information. 

Web posting. 

Recommendations. 


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PUBLIC LAW 114–323—DEC. 16, 2016 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. 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. 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 

22 USC 2734d. 

President. 

Web posting. 

22 USC 3944 

note. 


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130 STAT. 1946 PUBLIC LAW 114–323—DEC. 16, 2016 

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). 


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PUBLIC LAW 114–323—DEC. 16, 2016 130 STAT. 1947 

LEGISLATIVE HISTORY—S. 1635: 

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. 

Æ 

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. 


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