Title IV — Pub. L. 114-323

SEC. 401. Locally-Employed Staff Wages.

(a)

Market-Responsive Staff Wages.— Not later than 180 days after the date of enactment of this Act and periodically thereafter, the Secretary shall establish and implement a prevailing wage rates goal for positions in the local compensation plan, as described in section 408 of the Foreign Service Act of 1980 (22 U.S.C. 3968), at each diplomatic post that—

(1)

is based on the specific recruiting and retention needs of each such post and local labor market conditions, as determined annually; and

(2)

is not less than the 50th percentile of the prevailing wage for comparable employment in the labor market surrounding each such post.

(b)

Exception.— The prevailing wage rate goal established under subsection (a) shall not apply if compliance with such subsection would be inconsistent with applicable United States law, the law in the locality of employment, or the public interest.

(c)

Recordkeeping Requirement.— The analytical assumptions underlying the calculation of wage levels at each diplomatic post under subsection (a), and the data upon which such calculation is based—

(1)

shall be filed electronically and retained for not less than 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’.”

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.

SEC. 405. Reemployment of Annuitants and Workforce Rightsizing.

(a)

Waiver of Annuity Limitations.— Subsection (g) of section 824 of the Foreign Service Act of 1980 (22 U.S.C. 4064) is amended—

(1)

in paragraph (1)(B), by striking “ to facilitate the” and all that follows through “ Afghanistan,”;

(2)

by striking paragraph (2); and

(3)

by redesignating paragraph (3) as paragraph (2).

(b)

Repeal of Sunset Provision.— Subsection (a) of section 61 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2733) is amended to read as follows:

“(a) Authority.—The Secretary of State may waive the application of section 8344 or 8468 of title 5, United States Code, on a case-by-case basis, for employment of an annuitant in a position in the Department of State for which there is exceptional difficulty in recruiting or retaining a qualified employee, or when a temporary emergency hiring need exists.”

(c)

Rightsizing Report.— On the date on which the President’s annual budget request is submitted to Congress each year through 2022, the Secretary shall submit to the appropriate congressional committees a report that describes the implementation status of all rightsizing recommendations made by the Office of Management, Policy, Rightsizing, and Innovation of the Department related to overseas staffing levels, including whether each such recommendation was accepted or rejected by the relevant chief of mission and regional bureau.

SEC. 406. Integration of Foreign Economic Policy.

(a)

In General.— The Secretary, in conjunction with the Under Secretary of Economic Growth, Energy, and the Environment, shall establish—

(1)

foreign economic policy priorities for each regional bureau, including for individual countries, as appropriate; and

(2)

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

(b)

Deputy Assistant Secretary.— Within each regional bureau of the Department, the Secretary shall task an existing Deputy Assistant Secretary with appropriate training and background in economic and commercial affairs with the responsibility for economic matters and interests within the responsibilities of each such regional bureau, including the integration of the foreign economic policy priorities established pursuant to subsection (a).

(c)

Training.— The Secretary shall establish curriculum at the George P. Shultz National Foreign Affairs Training Center to develop the practical foreign economic policy expertise and skill sets of Foreign Service officers, including by making available distance-learning courses in commercial, economic, and business affairs, including in the following:

(1)

The global business environment.

(2)

The economics of development.

(3)

Development and infrastructure finance.

(4)

Current trade and investment agreements negotiations.

(5)

Implementing existing multilateral and World Trade Organization agreements, and United States trade and investment agreements.

(6)

Best practices for customs and export procedures.

(7)

Market analysis and global supply chain management.

SEC. 407. Training Support Services.

Subparagraph (B) of section 704(a)(4) of the Foreign Service Act of 1980 (22 U.S.C. 4024(a)(4)) is amended by striking “ language 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:

“(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

“(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

(4)

for countries in which the Department provides a cost-of-living allowance greater than zero and the World Bank estimates that the national price level of the country is less than the national price level of the United States, a comparison of cost-of-living allowances, excluding housing costs, of the private sector providers referred to in paragraph (1) to rates constructed by the Department’s Office of Allowances.

(c)

Waiver.— If the Secretary determines that compliance with subsection (b)(4) at a particular location is cost-prohibitive, the Secretary may waive the requirement under such subsection for such location if the Secretary submits to the appropriate congressional committees written notice and an explanation of the reasons for such waiver.

SEC. 412. Technical Amendment to Federal Workforce Flexibility Act.

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

(1)

in subparagraph (A) of section 5753(a)(2), by inserting “ , excluding members of the Foreign Service other than chiefs of mission and ambassadors at large” before the semicolon at the end; and

(2)

in subparagraph (A) of section 5754(a)(2), by inserting “ , excluding members of the Foreign Service other than chiefs of mission and ambassadors at large” before the semicolon at the end.

SEC. 413. Retention of Mid and Senior-Level Professionals from Traditionally 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).

(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.”.

SEC. 416. Sense of Congress on the Integration of Policies Related to the Participation of Women in Preventing and Resolving Conflicts.

It is the sense of Congress that—

(1)

within each regional bureau of the Department, the Secretary should task an existing Deputy Assistant Secretary with the responsibility for overseeing the integration of policy priorities related to the importance of the participation of women in preventing and resolving conflicts; and

(2)

the Director of the George P. Shultz National Foreign Affairs Training Center should incorporate at least one training session related to the importance of the participation of women in preventing and resolving conflicts into—

(A)

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

(B)

with respect to Foreign Service Officers who have completed the A–100 course, at least one training course that will be completed not later than the date that is 1 year after the date of the enactment of this Act.

SEC. 417. Foreign Service Families Workforce Study.

Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on workforce issues and challenges to career opportunities pertaining to tandem couples in the Foreign Service as well as couples with respect to which only one spouse is in the Foreign Service.

SEC. 418. Special Envoys, Representatives, Advisors, and Coordinators of the Department.

Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on special envoys, representatives, advisors, and coordinators of the Department, that includes—

(1)

a tabulation of the current names, ranks, positions, and responsibilities of all special envoy, representative, advisor, and coordinator positions at the Department, with a separate accounting of all such positions at the level of Assistant Secretary (or equivalent) or above; and

(2)

for each position identified pursuant to paragraph (1)—

(A)

the date on which such position was created;

(B)

the mechanism by which such position was created, including the authority under which such position was created;

(C)

such positions authorized under section (d) of section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a);

(D)

a description of whether, and the extent to which, the responsibilities assigned to such position duplicate the responsibilities of other current officials within the Department, including other special envoys, representatives, advisors, and coordinators;

(E)

which current official of the Department would be assigned the responsibilities of such position in the absence of such position;

(F)

to which current official of the Department such position directly reports;

(G)

the total number of staff assigned to support such position; and

(H)

with the exception of positions created by statute, a detailed explanation of the necessity of such position to the effective conduct of the foreign affairs of the United States.

SEC. 419. Combating Anti-Semitism.

Not later than 180 days after the date of the enactment of this Act, the Special Envoy to Monitor and Combat Anti-Semitism of the Office to Monitor and Combat Anti-Semitism of the Department shall provide to the appropriate congressional committees a briefing on United States support to, and opportunities to coordinate with, American and European Jewish and other civil society organizations, focusing on youth, to combat anti-Semitism and other forms of religious, ethnic, or racial intolerance in Europe.

Title IV — Personnel and Organizational Issues

TITLE IV Personnel and Organizational Issues