I 117th CONGRESS 1st Session H. R. 5643 IN THE HOUSE OF REPRESENTATIVES October 20, 2021 Mr. Levin of Michigan (for himself and Mr. Meijer ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To require additional disclosures with respect to nominees to serve as chiefs of missions, and for other purposes.

1. Short title This Act may be cited as the Bolstering the Effectiveness, Success, and Transparency of Ambassadors Act or the BEST Ambassadors Act . 2. Findings Congress finds the following: (1) The Foreign Service Act of 1980 ( Public Law 96–465 ) states, An individual appointed or assigned to be a chief of mission should possess clearly demonstrated competence to perform the duties of a chief of mission, including, to the maximum extent practicable, a useful knowledge of the principal language or dialect of the country in which the individual is to serve, and knowledge and understanding of the history, the culture, the economic and political institutions, and the interests of that country and its people and continues that, accordingly, positions as chief of mission should normally be accorded to career members of the [Foreign] Service. . (2) The percentage of ambassadorships filled by political appointees has increased over the past 40 years. During President Jimmy Carter’s term, between 1977 and 1981, about 26 percent of ambassadorships were filled by political appointees. During President Ronald Reagan’s terms, between 1981 and 1989, about 38 percent were. More recently, under President Barack Obama, about 30 percent of ambassadors were political appointees, while about 43 percent were under President Donald J. Trump as of September 14, 2020. (3) The United States practice of appointing political ambassadors is atypical globally. According to a 2017 University of Texas at Austin study, At the senior level, the United States is an extreme outlier among foreign services in the number of political appointees as ambassadors, even in key posts. . (4) Political appointees are not necessarily unsuccessful ambassadors. According to the 2017 University of Texas study, there have been highly accomplished political appointees who have been superb ambassadors. The report continues, however, there have been many more patronage appointees with no relevant qualifications, having been chosen principally for their support in presidential election campaigns. Contrast these U.S. ambassadors with their counterparts from other countries, who typically speak several languages, are well versed in the country to which they are assigned and are career professionals with extensive knowledge of their home ministries. . (5) The Foreign Service Act of 1980 states, Contributions to political campaigns should not be a factor in the appointment of an individual as a chief of mission. . However, this law has not forestalled the appointment—by both Democratic and Republican presidents—of campaign donors without apparent qualifications to serve in these posts. (6) To ensure the United States has the best representation possible abroad, it will be necessary to preserve the option to appoint political ambassadors while enacting safeguards to ensure these appointees are nominated because of their qualifications, not their campaign contributions. 3. Additional disclosures required with respect to nominees Section 304 of the Foreign Service Act of 1980 ( 22 U.S.C. 3944 ) is amended as follows: (1) In paragraph (4) of subsection (a), by adding at the end the following new sentence: If, as of the date of the submission of such report, such individual has not served as a career member of the Service, the President shall also include in such report a justification explaining whether a career member is available to fill such position and the manner and extent to which the nominee is nevertheless uniquely qualified to serve in such position. . (2) In paragraph (2) of subsection (b)— (A) by striking fourth calendar year and inserting tenth calendar year ; and (B) by inserting and the Secretary of State shall publish each such report and each Certificate of Competency issued pursuant to this section on a publicly available website of the Department of State after Congressional Record . (3) At the end of subsection (b), by adding the following new paragraphs: (3) With respect to each nomination for an individual to be a chief of mission, the President shall certify to the Committee on Foreign Relations of the Senate that any campaign contributions made by the nominee or members of his or her immediate family, whether or not included in the report described in paragraph (2), played no role in such nomination. (4) Each individual nominated by the President to be a chief of mission shall include in his or her statement to the Committee on Foreign Relations of the Senate an explanation of the manner and extent to which such individual meets the criteria described in paragraph (1) of subsection (a), including the source and extent of such individual’s knowledge and understanding of the history, culture, economic and political institutions, and interests of the people of such country, and level of familiarity with the country’s principal language or dialect, including, if relevant, the scores received in speaking and reading examinations taken at the Foreign Service Institute for that language. .