[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1550 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 1550
To support Foreign Service families, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2021
Mr. Van Hollen (for himself, Mr. Sullivan, Mr. Coons, and Mr. Young)
introduced the following bill; which was read twice and referred to the
Committee on Foreign Relations
_______________________________________________________________________
A BILL
To support Foreign Service families, 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.
This Act may be cited as the ``Foreign Service Families Act of
2021''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of State.
(2) Secretary.--The term ``Secretary'' means the Secretary
of State.
SEC. 3. TELECOMMUTING OPPORTUNITIES.
(a) DETO Policy.--
(1) In general.--Each Federal department and agency shall
establish a policy enumerating the circumstances under which
employees may be permitted to temporarily perform work
requirements and duties from approved overseas locations
pursuant to an approved Domestically Employed Teleworking
Overseas (DETO) agreement.
(2) Participation.--The policy described under paragraph
(1) shall--
(A) ensure that telework does not diminish employee
performance or agency operations;
(B) require a written agreement that--
(i) is entered into between an agency
manager and an employee authorized to telework,
that outlines the specific work arrangement
that is agreed to; and
(ii) is mandatory in order for any employee
to participate in telework;
(C) provide that an employee may not be authorized
to telework if the performance of that employee does
not comply with the terms of the written agreement
between the agency manager and that employee;
(D) except in emergency situations as determined by
the head of an agency, not apply to any employee of the
agency whose official duties require on a daily basis
(every work day)--
(i) direct handling of secure materials
determined to be inappropriate for telework by
the agency head; or
(ii) on-site activity that cannot be
handled remotely or at an alternate worksite;
(E) be incorporated as part of the continuity of
operations plans of the agency in the event of an
emergency; and
(F) enumerate the circumstances under which
employees may be permitted to temporarily perform work
requirements and duties from approved overseas
locations.
(b) Access to ICASS System.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of State shall revise
chapter 900 of volume 6 of the Foreign Affairs Manual, the
International Cooperative Administrative Support Services Handbook, the
Personnel Operations Handbook, and any other relevant regulations to
allow each Federal agency that has enacted a policy under subsection
(a) to have access to the International Cooperative Administrative
Support Services (ICASS) system.
SEC. 4. EMPLOYMENT AND EDUCATION PROGRAMS FOR ELIGIBLE FAMILY MEMBERS
OF MEMBERS OF THE FOREIGN SERVICE.
Section 706(b) of the Foreign Service Act of 1980 (22 U.S.C.
4026(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``The Secretary may'' and inserting
``The Secretary shall''; and
(B) by amending subparagraph (C) to read as
follows:
``(C) establishing a program for assisting eligible
family members in accessing employment and education
opportunities, which shall be modeled after the
programs authorized under sections 1784 and 1784a of
title 10, United States Code, and based on regulations
modeled after those prescribed pursuant to subsection
(b) of such section 1784.'';
(2) by redesignating paragraph (2) as paragraph (9);
(3) by inserting after paragraph (1) the following new
paragraphs:
``(2) The Secretary shall prescribe regulations--
``(A) to implement such measures as the President
orders pursuant to paragraph (1)(C);
``(B) to provide preference to eligible family
members in hiring for any civilian position in the
Department of State if--
``(i) the eligible family member is among
persons determined to be best qualified for the
position; and
``(ii) the position is located in the
country of assignment of their sponsoring
employee;
``(C) to ensure that notice of any vacant position
in the Department is provided in a manner reasonably
designed to reach eligible family members of sponsoring
employees whose permanent duty stations are in the same
country as that in which the position is located; and
``(D) to ensure that an eligible family member who
applies for a vacant position in the Department shall,
to the extent practicable, be considered for any such
position located in the same country as the permanent
duty station of their sponsoring employee.
``(3) Nothing in this section may be construed to provide
an eligible family member with preference in hiring over an
individual who is preference eligible.
``(4) Under regulations prescribed by the Secretary, a
chief of mission may, consistent with all applicable laws and
regulations pertaining to the ICASS system, make available to a
non-Department entity space in an embassy or consulate for the
purpose of the non-Department entity providing employment-
related training for eligible family members.
``(5) The Secretary may work with the Director of the
Office of Personnel Management and the heads of other Federal
departments and agencies to expand and facilitate the use of
existing Federal programs and resources in support of eligible
family member employment.
``(6) The Secretary may--
``(A) develop partnerships with firms in the
private sector to enhance employment opportunities for
eligible family members and to provide for improved job
portability for such spouses, especially in the case of
an eligible family member accompanying a sponsoring
employee to a new geographical area because of a change
of permanent duty station of the sponsoring employee;
and
``(B) work with the United States Chamber of
Commerce and other appropriate private-sector entities
to facilitate the formation of such partnerships.
``(7) The Secretary may prescribe regulations to
incorporate hiring preferences for eligible family members of
sponsoring employees into contracts between the Department and
private sector entities.
``(8)(A) The Secretary of State shall seek to enter into a
cooperative agreement with the Council of State Governments to
assist with funding of the development of interstate compacts
on licensed occupations in order to alleviate the burden
associated with relicensing in such an occupation by an
eligible family member in connection with a permanent change of
duty station of their sponsoring employee.
``(B) The total amount of assistance provided under
subparagraph (A) for all interstate compacts in any fiscal year
may not exceed $4,000,000.
``(C) The amount provided under subparagraph (A) as
assistance for the development of any particular interstate
compact may not exceed $1,000,000.
``(D) Not later than February 28 each year, the Secretary
shall submit to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives a report on interstate compacts described in
subparagraph (A) developed through assistance provided under
that subparagraph. Each report shall set forth the following:
``(i) Any interstate compact developed during the
preceding calendar year, including the occupational
licenses covered by such compact and the States
agreeing to enter into such compact.
``(ii) Any interstate compact developed during a
prior calendar year into which one or more additional
States agreed to enter during the preceding calendar
year.
``(E) The authority to enter into a cooperative agreement
under subparagraph (A), and to provide assistance described in
that subparagraph pursuant to such cooperative agreement,
expire on September 30, 2024.''; and
(4) by adding after paragraph (9), as redesignated by
paragraph (2) of this subsection, the following new paragraph:
``(10) In this subsection, the term `eligible family member' has
the meaning given the term in section 7121 of volume 3 of the Foreign
Affairs Manual (3 FAM 7121).''.
SEC. 5. REPORTING ON FOREIGN SERVICE FAMILY RESERVE CORPS.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall brief the appropriate
congressional committees on the status of implementation of the Foreign
Service Family Reserve Corps.
(b) Elements.--The briefing required under subsection (a) shall
include the following elements:
(1) A description of the status of implementation of the
Foreign Service Family Reserve Corps (FSFRC).
(2) An assessment of the extent to which implementation was
impacted by the Department's hiring freeze and a detailed
explanation of the effect of any such impacts.
(3) A description of the status of implementation of a
hiring preference for the FSFRC.
(4) A detailed accounting of any individuals eligible for
membership in the FSFRC who were unable to begin working at a
new location as a result of being unable to transfer their
security clearance, including an assessment of whether they
would have been able to port their clearance as a member of the
FSFRC if the program had been fully implemented.
(5) An estimate of the number of individuals who are
eligible to join the FSFRC worldwide and the categories, as
detailed in the Under Secretary for Management's guidance dated
May 3, 2016, under which those individuals would enroll.
(6) An estimate of the number of individuals who are
enrolled in the FSFRC worldwide and the categories, as detailed
in the Under Secretary for Management's guidance dated May 3,
2016, under which those individuals enrolled.
(7) An estimate of the number of individuals who were
enrolled in each phase of the implementation of the FSFRC as
detailed in guidance issued by the Under Secretary for
Management.
(8) An estimate of the number of individuals enrolled in
the FSFRC who have successfully transferred a security
clearance to a new post since implementation of the program
began.
(9) An estimate of the number of individuals enrolled in
the FSFRC who have been unable to successfully transfer a
security clearance to a new post since implementation of the
program began.
(10) An estimate of the number of individuals who have
declined in writing to apply to the FSFRC.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
SEC. 6. TREATMENT OF FAMILY MEMBERS OF FOREIGN SERVICE OFFICERS SEEKING
POSITIONS CUSTOMARILY FILLED BY FOREIGN SERVICE OFFICERS
OR FOREIGN NATIONAL EMPLOYEES.
Section 311 of the Foreign Service Act of 1980 (22 U.S.C. 3951) is
amended by adding at the end the following:
``(e) The Secretary shall hold a family member of a government
employee described in subsection (a) seeking employment in a position
described in that subsection to the same employment standards as those
applicable to Foreign Service officers, Foreign Service personnel, or
foreign national employees seeking the same or a substantially similar
position.''.
SEC. 7. IN-STATE TUITION RATES FOR MEMBERS OF QUALIFYING FEDERAL
SERVICE.
(a) In General.--Section 135 of the Higher Education Act of 1965
(20 U.S.C. 1015d) is amended--
(1) in the section heading, by striking ``the armed forces
on active duty, spouses, and dependent children'' and inserting
``qualifying federal service'';
(2) in subsection (a), by striking ``member of the armed
forces who is on active duty for a period of more than 30 days
and'' and inserting ``member of a qualifying Federal service'';
(3) in subsection (b), by striking ``member of the armed
forces'' and inserting ``member of a qualifying Federal
service''; and
(4) by striking subsection (d) and inserting the following:
``(d) Definitions.--In this section, the term `member of a
qualifying Federal service' means--
``(1) a member of the armed forces (as defined in section
101 of title 10, United States Code) who is on active duty for
a period of more than 30 days (as defined in section 101 of
title 10, United States Code); or
``(2) a member of the Foreign Service (as defined in
section 103 of the Foreign Service Act of 1980 (22 U.S.C.
3903)) who is on active duty for a period of more than 30
days.''.
(b) Effective Date.--The amendments made under subsection (a) shall
take effect at each public institution of higher education in a State
that receives assistance under the Higher Education Act of 1965 (20
U.S.C. 1001 et seq.) for the first period of enrollment at such
institution that begins after July 1, 2021.
SEC. 8. TERMINATION OF RESIDENTIAL OR MOTOR VEHICLE LEASES AND
TELEPHONE SERVICE CONTRACTS FOR CERTAIN MEMBERS OF THE
FOREIGN SERVICE.
(a) In General.--Chapter 9 of title I of the Foreign Service Act of
1980 (22 U.S.C. 4081 et seq.) is amended by adding at the end the
following new section:
``SEC. 907. TERMINATION OF RESIDENTIAL OR MOTOR VEHICLE LEASES AND
TELEPHONE SERVICE CONTRACTS.
``The terms governing the termination of residential or motor
vehicle leases and telephone service contracts described in sections
305 and 305A, respectively of the Servicemembers Civil Relief Act (50
U.S.C. 3955 and 3956) with respect to servicemembers who receive
military orders described in such Act shall apply in the same manner
and to the same extent to members of the Service who are posted abroad
at a Foreign Service post in accordance with this Act.''.
(b) Clerical Amendment.--The table of contents in section 2 of the
Foreign Service Act of 1980 is amended by inserting after the item
relating to section 906 the following new item:
``Sec. 907. Termination of residential or motor vehicle leases and
telephone service contracts.''.
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