[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1157 Referred in Senate (RFS)]
<DOC>
117th CONGRESS
1st Session
H. R. 1157
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 19, 2021
Received; read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
AN ACT
To provide for certain authorities of the Department of State, 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 Authorization Act of 2021''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Determination of budgetary effects.
TITLE I--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE
Sec. 1001. Diplomatic Programs.
Sec. 1002. Sense of Congress on importance of Department of State's
work.
Sec. 1003. Bureau of Democracy, Human Rights, and Labor.
Sec. 1004. Assistant Secretary for International Narcotics and Law
Enforcement Affairs.
Sec. 1005. Bureau of Consular Affairs; Bureau of Population, Refugees,
and Migration.
Sec. 1006. Office of International Disability Rights.
Sec. 1007. Anti-piracy information sharing.
Sec. 1008. Importance of foreign affairs training to national security.
Sec. 1009. Classification and assignment of Foreign Service officers.
Sec. 1010. Energy diplomacy and security within the Department of
State.
Sec. 1011. National Museum of American Diplomacy.
Sec. 1012. Extension of period for reimbursement of fishermen for costs
incurred from the illegal seizure and
detention of U.S.-flag fishing vessels by
foreign governments.
Sec. 1013. Art in embassies.
Sec. 1014. Amendment or repeal of reporting requirements.
Sec. 1015. Reporting on implementation of GAO recommendations.
Sec. 1016. Office of Global Criminal Justice.
TITLE II--EMBASSY CONSTRUCTION
Sec. 1201. Embassy security, construction, and maintenance.
Sec. 1202. Standard design in capital construction.
Sec. 1203. Capital construction transparency.
Sec. 1204. Contractor performance information.
Sec. 1205. Growth projections for new embassies and consulates.
Sec. 1206. Long-range planning process.
Sec. 1207. Value engineering and risk assessment.
Sec. 1208. Business volume.
Sec. 1209. Embassy security requests and deficiencies.
Sec. 1210. Overseas security briefings.
Sec. 1211. Contracting methods in capital construction.
Sec. 1212. Competition in embassy construction.
Sec. 1213. Statement of policy.
Sec. 1214. Definitions.
TITLE III--PERSONNEL ISSUES
Sec. 1301. Defense Base Act insurance waivers.
Sec. 1302. Study on Foreign Service allowances.
Sec. 1303. Science and technology fellowships.
Sec. 1304. Travel for separated families.
Sec. 1305. Home leave travel for separated families.
Sec. 1306. Sense of Congress regarding certain fellowship programs.
Sec. 1307. Technical correction.
Sec. 1308. Foreign Service awards.
Sec. 1309. Workforce actions.
Sec. 1310. Sense of Congress regarding veterans employment at the
Department of State.
Sec. 1311. Employee assignment restrictions and preclusions.
Sec. 1312. Recall and reemployment of career members.
Sec. 1313. Strategic staffing plan for the Department of State.
Sec. 1314. Consulting services.
Sec. 1315. Incentives for critical posts.
Sec. 1316. Extension of authority for certain accountability review
boards.
Sec. 1317. Foreign Service suspension without pay.
Sec. 1318. Foreign Affairs Manual and Foreign Affairs Handbook changes.
Sec. 1319. Waiver authority for individual occupational requirements of
certain positions.
Sec. 1320. Appointment of employees to the Global Engagement Center.
Sec. 1321. Rest and recuperation and overseas operations leave for
Federal employees.
Sec. 1322. Emergency medical services authority.
Sec. 1323. Department of State Student Internship Program.
Sec. 1324. Competitive status for certain employees hired by Inspectors
General to support the lead IG mission.
Sec. 1325. Cooperation with Office of the Inspector General.
Sec. 1326. Information on educational opportunities for children with
special educational needs consistent with
the Individuals With Disabilities Education
Act.
Sec. 1327. Implementation of gap memorandum in selection board process.
TITLE IV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION
Sec. 1401. Definitions.
Sec. 1402. Collection, analysis, and dissemination of workforce data.
Sec. 1403. Exit interviews for workforce.
Sec. 1404. Recruitment and retention.
Sec. 1405. Promoting diversity and inclusion in the national security
workforce.
Sec. 1406. Leadership engagement and accountability.
Sec. 1407. Professional development opportunities and tools.
Sec. 1408. Examination and oral assessment for the Foreign Service.
Sec. 1409. Payne fellowship authorization.
Sec. 1410. Voluntary participation.
TITLE V--INFORMATION SECURITY
Sec. 1501. Definitions.
Sec. 1502. List of certain telecommunications providers.
Sec. 1503. Preserving records of electronic communications conducted
related to official duties of positions in
the public trust of the American people.
Sec. 1504. Foreign Relations of the United States (FRUS) series and
declassification.
Sec. 1505. Vulnerability Disclosure Policy and Bug Bounty Pilot
Program.
TITLE VI--PUBLIC DIPLOMACY
Sec. 1601. Short title.
Sec. 1602. Avoiding duplication of programs and efforts.
Sec. 1603. Improving research and evaluation of public diplomacy.
Sec. 1604. Permanent reauthorization of the United States Advisory
Commission on Public Diplomacy.
Sec. 1605. Streamlining of support functions.
Sec. 1606. Guidance for closure of public diplomacy facilities.
Sec. 1607. Definitions.
TITLE VII--COMBATING PUBLIC CORRUPTION
Sec. 1701. Sense of congress.
Sec. 1702. Annual assessment.
Sec. 1703. Transparency and accountability.
Sec. 1704. Designation of embassy anti-corruption points of contact.
TITLE VIII--OTHER MATTERS
Sec. 1801. Case-Zablocki Act Reform.
Sec. 1802. Limitation on assistance to countries in default.
Sec. 1803. Sean and David Goldman Child Abduction Prevention and Return
Act of 2014 amendment.
Sec. 1804. Modification of authorities of Commission for the
Preservation of America's Heritage Abroad.
Sec. 1805. Chief of mission concurrence.
Sec. 1806. Report on efforts of the Coronavirus Repatriation Task
Force.
SEC. 2. DEFINITIONS.
In this Act:
(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) Department.--If not otherwise specified, the term
``Department'' means the Department of State.
(3) Secretary.--If not otherwise specified, the term
``Secretary'' means the Secretary of State.
SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
TITLE I--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE
SEC. 1001. DIPLOMATIC PROGRAMS.
For ``Diplomatic Programs'', there is authorized to be appropriated
$9,170,013,000 for fiscal year 2022.
SEC. 1002. SENSE OF CONGRESS ON IMPORTANCE OF DEPARTMENT OF STATE'S
WORK.
It is the sense of Congress that--
(1) United States global engagement is key to a stable and
prosperous world;
(2) United States leadership is indispensable in light of
the many complex and interconnected threats facing the United
States and the world;
(3) diplomacy and development are critical tools of
national power, and full deployment of these tools is vital to
United States national security;
(4) challenges such as the global refugee and migration
crises, terrorism, historic famine and food insecurity, and
fragile or repressive societies cannot be addressed without
sustained and robust United States diplomatic and development
leadership;
(5) the United States Government must use all of the
instruments of national security and foreign policy at its
disposal to protect United States citizens, promote United
States interests and values, and support global stability and
prosperity;
(6) United States security and prosperity depend on having
partners and allies that share our interests and values, and
these partnerships are nurtured and our shared interests and
values are promoted through United States diplomatic
engagement, security cooperation, economic statecraft, and
assistance that helps further economic development, good
governance, including the rule of law and democratic
institutions, and the development of shared responses to
natural and humanitarian disasters;
(7) as the United States Government agencies primarily
charged with conducting diplomacy and development, the
Department and the United States Agency for International
Development (USAID) require sustained and robust funding to
carry out this important work, which is essential to our
ability to project United States leadership and values and to
advance United States interests around the world;
(8) the work of the Department and USAID makes the United
States and the world safer and more prosperous by alleviating
global poverty and hunger, fighting HIV/AIDS and other
infectious diseases, strengthening alliances, expanding
educational opportunities for women and girls, promoting good
governance and democracy, supporting anti-corruption efforts,
driving economic development and trade, preventing armed
conflicts and humanitarian crises, and creating American jobs
and export opportunities;
(9) the Department and USAID are vital national security
agencies, whose work is critical to the projection of United
States power and leadership worldwide, and without which
Americans would be less safe, United States economic power
would be diminished, and global stability and prosperity would
suffer;
(10) investing in diplomacy and development before
conflicts break out saves American lives while also being cost-
effective; and
(11) the contributions of personnel working at the
Department and USAID are extraordinarily valuable and allow the
United States to maintain its leadership around the world.
SEC. 1003. BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR.
Paragraph (2) of section 1(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a) is amended--
(1) in subparagraph (A), by adding at the end the following
new sentence: ``All special envoys, ambassadors, and
coordinators located within the Bureau of Democracy, Human
Rights, and Labor shall report directly to the Assistant
Secretary unless otherwise provided by law.'';
(2) in subparagraph (B)(ii)--
(A) by striking ``section'' and inserting
``sections 116 and''; and
(B) by inserting before the period at the end the
following: ``(commonly referred to as the annual
`Country Reports on Human Rights Practices')''; and
(3) by adding at the end the following new subparagraphs:
``(C) Authorities.--In addition to the duties,
functions, and responsibilities specified in this
paragraph, the Assistant Secretary of State for
Democracy, Human Rights, and Labor is authorized to--
``(i) promote democracy and actively
support human rights throughout the world;
``(ii) promote the rule of law and good
governance throughout the world;
``(iii) strengthen, empower, and protect
civil society representatives, programs, and
organizations, and facilitate their ability to
engage in dialogue with governments and other
civil society entities;
``(iv) work with regional bureaus to ensure
adequate personnel at diplomatic posts are
assigned responsibilities relating to advancing
democracy, human rights, labor rights, women's
equal participation in society, and the rule of
law, with particular attention paid to adequate
oversight and engagement on such issues by
senior officials at such posts;
``(v) review and, as appropriate, make
recommendations to the Secretary of State
regarding the proposed transfer of--
``(I) defense articles and defense
services authorized under the Foreign
Assistance Act of 1961 (22 U.S.C. 2151
et seq.) or the Arms Export Control Act
(22 U.S.C. 2751 et seq.); and
``(II) military items listed on the
`600 series' of the Commerce Control
List contained in Supplement No. 1 to
part 774 of subtitle B of title 15,
Code of Federal Regulations;
``(vi) coordinate programs and activities
that protect and advance the exercise of human
rights and internet freedom in cyberspace; and
``(vii) implement other relevant policies
and provisions of law.
``(D) Local oversight.--United States missions,
when executing DRL programming, to the extent
practicable, should assist in exercising oversight
authority and coordinate with the Bureau of Democracy,
Human Rights, and Labor to ensure that funds are
appropriately used and comply with anti-corruption
practices.''.
SEC. 1004. ASSISTANT SECRETARY FOR INTERNATIONAL NARCOTICS AND LAW
ENFORCEMENT AFFAIRS.
(a) In General.--Section 1(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(c)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Assistant secretary for international narcotics and
law enforcement affairs.--
``(A) In general.--There is authorized to be in the
Department of State an Assistant Secretary for
International Narcotics and Law Enforcement Affairs,
who shall be responsible to the Secretary of State for
all matters, programs, and related activities
pertaining to international narcotics, anti-crime, and
law enforcement affairs in the conduct of foreign
policy by the Department, including, as appropriate,
leading the coordination of programs carried out by
United States Government agencies abroad, and such
other related duties as the Secretary may from time to
time designate.
``(B) Areas of responsibility.--The Assistant
Secretary for International Narcotics and Law
Enforcement Affairs shall maintain continuous
observation and coordination of all matters pertaining
to international narcotics, anti-crime, and law
enforcement affairs in the conduct of foreign policy,
including programs carried out by other United States
Government agencies when such programs pertain to the
following matters:
``(i) Combating international narcotics
production and trafficking.
``(ii) Strengthening foreign justice
systems, including judicial and prosecutorial
capacity, appeals systems, law enforcement
agencies, prison systems, and the sharing of
recovered assets.
``(iii) Training and equipping foreign
police, border control, other government
officials, and other civilian law enforcement
authorities for anti-crime purposes, including
ensuring that no foreign security unit or
member of such unit shall receive such
assistance from the United States Government
absent appropriate vetting.
``(iv) Ensuring the inclusion of human
rights and women's participation issues in law
enforcement programs, in consultation with the
Assistant Secretary for Democracy, Human
Rights, and Labor, and other senior officials
in regional and thematic bureaus and offices.
``(v) Combating, in conjunction with other
relevant bureaus of the Department of State and
other United States Government agencies, all
forms of transnational organized crime,
including human trafficking, illicit
trafficking in arms, wildlife, and cultural
property, migrant smuggling, corruption, money
laundering, the illicit smuggling of bulk cash,
the licit use of financial systems for malign
purposes, and other new and emerging forms of
crime.
``(vi) Identifying and responding to global
corruption, including strengthening the
capacity of foreign government institutions
responsible for addressing financial crimes and
engaging with multilateral organizations
responsible for monitoring and supporting
foreign governments' anti-corruption efforts.
``(C) Additional duties.--In addition to the
responsibilities specified in subparagraph (B), the
Assistant Secretary for International Narcotics and Law
Enforcement Affairs shall also--
``(i) carry out timely and substantive
consultation with chiefs of mission and, as
appropriate, the heads of other United States
Government agencies to ensure effective
coordination of all international narcotics and
law enforcement programs carried out overseas
by the Department and such other agencies;
``(ii) coordinate with the Office of
National Drug Control Policy to ensure lessons
learned from other United States Government
agencies are available to the Bureau of
International Narcotics and Law Enforcement
Affairs of the Department;
``(iii) develop standard requirements for
monitoring and evaluation of Bureau programs,
including metrics for success that do not rely
solely on the amounts of illegal drugs that are
produced or seized;
``(iv) in coordination with the Secretary
of State, annually certify in writing to the
Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign
Relations of the Senate that United States law
enforcement personnel posted abroad whose
activities are funded to any extent by the
Bureau of International Narcotics and Law
Enforcement Affairs are complying with section
207 of the Foreign Service Act of 1980 (22
U.S.C. 3927); and
``(v) carry out such other relevant duties
as the Secretary may assign.
``(D) Rule of construction.--Nothing in this
paragraph may be construed to limit or impair the
authority or responsibility of any other Federal agency
with respect to law enforcement, domestic security
operations, or intelligence activities as defined in
Executive Order 12333.''.
(b) Modification of Annual International Narcotics Control Strategy
Report.--Subsection (a) of section 489 of the Foreign Assistance Act of
1961 (22 U.S.C. 2291h) is amended by inserting after paragraph (9) the
following new paragraph:
``(10) A separate section that contains an identification
of all United States Government-supported units funded by the
Bureau of International Narcotics and Law Enforcement Affairs
and any Bureau-funded operations by such units in which United
States law enforcement personnel have been physically
present.''.
SEC. 1005. BUREAU OF CONSULAR AFFAIRS; BUREAU OF POPULATION, REFUGEES,
AND MIGRATION.
Section 1 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a) is amended--
(1) by redesignating subsection (g) and (h) as subsections
(i) and (j), respectively; and
(2) by inserting after subsection (f) the following new
subsections:
``(g) Bureau of Consular Affairs.--There is in the Department of
State the Bureau of Consular Affairs, which shall be headed by the
Assistant Secretary of State for Consular Affairs.
``(h) Bureau of Population, Refugees, and Migration.--There is in
the Department of State the Bureau of Population, Refugees, and
Migration, which shall be headed by the Assistant Secretary of State
for Population, Refugees, and Migration.''.
SEC. 1006. OFFICE OF INTERNATIONAL DISABILITY RIGHTS.
(a) Establishment.--There should be established in the Department
of State an Office of International Disability Rights (referred to in
this section as the ``Office'').
(b) Duties.--The Office should--
(1) seek to ensure that all United States foreign
operations are accessible to, and inclusive of, persons with
disabilities;
(2) promote the human rights and full participation in
international development activities of all persons with
disabilities;
(3) promote disability inclusive practices and the training
of Department of State staff on soliciting quality programs
that are fully inclusive of people with disabilities;
(4) represent the United States in diplomatic and
multilateral fora on matters relevant to the rights of persons
with disabilities, and work to raise the profile of disability
across a broader range of organizations contributing to
international development efforts;
(5) conduct regular consultation with civil society
organizations working to advance international disability
rights and empower persons with disabilities internationally;
(6) consult with other relevant offices at the Department
that are responsible for drafting annual reports documenting
progress on human rights, including, wherever applicable,
references to instances of discrimination, prejudice, or abuses
of persons with disabilities;
(7) advise the Bureau of Human Resources or its equivalent
within the Department regarding the hiring and recruitment and
overseas practices of civil service employees and Foreign
Service officers with disabilities and their family members
with chronic medical conditions or disabilities; and
(8) carry out such other relevant duties as the Secretary
of State may assign.
(c) Supervision.--The Office may be headed by--
(1) a senior advisor to the appropriate Assistant Secretary
of State; or
(2) an officer exercising significant authority who reports
to the President or Secretary of State, appointed by and with
the advice and consent of the Senate.
(d) Consultation.--The Secretary of State should direct Ambassadors
at Large, Representatives, Special Envoys, and coordinators working on
human rights to consult with the Office to promote the human rights and
full participation in international development activities of all
persons with disabilities.
SEC. 1007. ANTI-PIRACY INFORMATION SHARING.
The Secretary is authorized to provide for the participation by the
United States in the Information Sharing Centre located in Singapore,
as established by the Regional Cooperation Agreement on Combating
Piracy and Armed Robbery against Ships in Asia (ReCAAP).
SEC. 1008. IMPORTANCE OF FOREIGN AFFAIRS TRAINING TO NATIONAL SECURITY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Department is a crucial national security agency,
whose employees, both Foreign and Civil Service, require the
best possible training at every stage of their careers to
prepare them to promote and defend United States national
interests and the health and safety of United States citizens
abroad;
(2) the Department of State's investment of time and
resources with respect to the training and education of its
personnel is considerably below the level of other Federal
departments and agencies in the national security field, and
falls well below the investments many allied and adversarial
countries make in the development of their diplomats;
(3) the Department faces increasingly complex and rapidly
evolving challenges, many of which are science and technology-
driven, and which demand the continual, high-quality training
and education of its personnel;
(4) the Department must move beyond reliance on ``on-the-
job training'' and other informal mentorship practices, which
lead to an inequality in skillset development and career
advancement opportunities, often particularly for minority
personnel, and towards a robust professional tradecraft
training continuum that will provide for greater equality in
career advancement and increase minority participation in the
senior ranks;
(5) the Department's Foreign Service Institute and other
training facilities should seek to substantially increase its
educational and training offerings to Department personnel,
including developing new and innovative educational and
training courses, methods, programs, and opportunities; and
(6) consistent with existing Department gift acceptance
authority and other applicable laws, the Department and Foreign
Service Institute may accept funds and other resources from
foundations, not-for-profit corporations, and other appropriate
sources to help the Department and the Institute enhance the
quantity and quality of training offerings, especially in the
introduction of new, innovative, and pilot model courses.
(b) Training Float.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall develop and submit
to the appropriate congressional committees a strategy to establish a
``training float'' to allow for up to 15 percent of the Civil and
Foreign Service to participate in long-term training at any given time.
The strategy should identify steps necessary to ensure implementation
of the training priorities identified in subsection (c), sufficient
training capacity and opportunities are available to Civil and Foreign
Service officers, equitable distribution of long-term training
opportunities to Civil and Foreign Service officers, and any additional
resources or authorities necessary to facilitate such a training float,
including programs at the George P. Schultz National Foreign Affairs
Training Center, the Foreign Service Institute, the Foreign Affairs
Security Training Center, and other facilities or programs operated by
the Department of State. The strategy shall identify which types of
training would be prioritized, the extent (if any) to which such
training is already being provided to Civil and Foreign Service
officers by the Department of State, any factors incentivizing or
disincentivizing such training, and why such training cannot be
achieved without Civil and Foreign Service officers leaving the
workforce. In addition to training opportunities provided by the
Department, the strategy shall consider training that could be provided
by the other United States Government training institutions, as well as
non-governmental educational institutions. The strategy shall consider
approaches to overcome disincentives to pursuing long-term training.
(c) Prioritization.--In order to provide the Civil and Foreign
Service with the level of education and training needed to effectively
advance United States interests across the globe, the Department of
State should--
(1) increase its offerings--
(A) of virtual instruction to make training more
accessible to personnel deployed throughout the world;
or
(B) at partner organizations to provide useful
outside perspectives to Department personnel;
(2) offer courses utilizing computer-based or assisted
simulations, allowing civilian officers to lead decision-making
in a crisis environment; and
(3) consider increasing the duration and expanding the
focus of certain training courses, including--
(A) the A-100 orientation course for Foreign
Service officers, and
(B) the chief of mission course to more accurately
reflect the significant responsibilities accompanying
such role.
(d) Other Agency Responsibilities.--Other national security
agencies should increase the enrollment of their personnel in courses
at the Foreign Service Institute and other Department of State training
facilities to promote a whole-of-government approach to mitigating
national security challenges.
SEC. 1009. CLASSIFICATION AND ASSIGNMENT OF FOREIGN SERVICE OFFICERS.
The Foreign Service Act of 1980 is amended--
(1) in section 501 (22 U.S.C. 3981), by inserting ``If a
position designated under this section is unfilled for more
than 365 calendar days, such position may be filled, as
appropriate, on a temporary basis, in accordance with section
309.'' after ``Positions designated under this section are
excepted from the competitive service.''; and
(2) in paragraph (2) of section 502(a) (22 U.S.C. 3982(a)),
by inserting ``, or domestically, in a position working on
issues relating to a particular country or geographic area,''
after ``geographic area''.
SEC. 1010. ENERGY DIPLOMACY AND SECURITY WITHIN THE DEPARTMENT OF
STATE.
Section 1(c) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2651a), as amended by section 1004 of this Act, is further
amended--
(1) by redesignating paragraphs (4) and (5) (as
redesignated pursuant to such section 1004) as paragraphs (5)
and (6); and
(2) by inserting after paragraph (3) (as added pursuant to
such section 1004) the following new paragraph:
``(4) Energy resources.--
``(A) Authorization for assistant secretary.--
Subject to the numerical limitation specified in
paragraph (1), there is authorized to be established in
the Department of State an Assistant Secretary of State
for Energy Resources.
``(B) Personnel.--If the Department establishes an
Assistant Secretary of State for Energy Resources in
accordance with the authorization provided in
subparagraph (A), the Secretary of State shall ensure
there are sufficient personnel dedicated to energy
matters within the Department of State whose
responsibilities shall include--
``(i) formulating and implementing
international policies aimed at protecting and
advancing United States energy security
interests by effectively managing United States
bilateral and multilateral relations;
``(ii) ensuring that analyses of the
national security implications of global energy
and environmental developments are reflected in
the decision making process within the
Department;
``(iii) incorporating energy security
priorities into the activities of the
Department;
``(iv) coordinating energy activities of
the Department with relevant Federal
departments and agencies;
``(v) coordinating with the Office of
Sanctions Coordination on economic sanctions
pertaining to the international energy sector;
and
``(vi) working internationally to--
``(I) support the development of
energy resources and the distribution
of such resources for the benefit of
the United States and United States
allies and trading partners for their
energy security and economic
development needs;
``(II) promote availability of
diversified energy supplies and a well-
functioning global market for energy
resources, technologies, and expertise
for the benefit of the United States
and United States allies and trading
partners;
``(III) resolve international
disputes regarding the exploration,
development, production, or
distribution of energy resources;
``(IV) support the economic and
commercial interests of United States
persons operating in the energy markets
of foreign countries;
``(V) support and coordinate
international efforts to alleviate
energy poverty;
``(VI) leading the United States
commitment to the Extractive Industries
Transparency Initiative; and
``(VII) coordinating energy
security and other relevant functions
within the Department currently
undertaken by--
``(aa) the Bureau of
Economic and Business Affairs;
``(bb) the Bureau of Oceans
and International Environmental
and Scientific Affairs; and
``(cc) other offices within
the Department of State.''.
SEC. 1011. NATIONAL MUSEUM OF AMERICAN DIPLOMACY.
Title I of the State Department Basic Authorities Act of 1956 is
amended by adding after section 63 (22 U.S.C. 2735) the following new
section:
``SEC. 64. NATIONAL MUSEUM OF AMERICAN DIPLOMACY.
``(a) Activities.--
``(1) Support authorized.--The Secretary of State is
authorized to provide, by contract, grant, or otherwise, for
the performance of appropriate museum visitor and educational
outreach services and related events, including organizing
programs and conference activities, museum shop services and
food services in the public exhibition and related space
utilized by the National Museum of American Diplomacy.
``(2) Recovery of costs.--The Secretary of State is
authorized to recover any revenues generated under the
authority of paragraph (1) for visitor and outreach services
and related events referred to in such paragraph, including
fees for use of facilities at the National Museum for American
Diplomacy. Any such revenues may be retained as a recovery of
the costs of operating the museum.
``(b) Disposition of National Museum of American Diplomacy
Documents, Artifacts, and Other Articles.--
``(1) Property.--All historic documents, artifacts, or
other articles permanently acquired by the Department of State
and determined by the Secretary of State to be suitable for
display by the National Museum of American Diplomacy shall be
considered to be the property of the United States Government
and shall be subject to disposition solely in accordance with
this subsection.
``(2) Sale, trade, or transfer.--Whenever the Secretary of
State makes the determination described in paragraph (3) with
respect to a document, artifact, or other article under
paragraph (1), the Secretary may sell at fair market value,
trade, or transfer such document, artifact, or other article
without regard to the requirements of subtitle I of title 40,
United States Code. The proceeds of any such sale may be used
solely for the advancement of the mission of the National
Museum of American Diplomacy and may not be used for any
purpose other than the acquisition and direct care of the
collections of the museum.
``(3) Determinations prior to sale, trade, or transfer.--
The determination described in this paragraph with respect to a
document, artifact, or other article under paragraph (1), is a
determination that--
``(A) such document, artifact, or other article no
longer serves to further the purposes of the National
Museum of American Diplomacy as set forth in the
collections management policy of the museum;
``(B) the sale, trade, or transfer of such
document, artifact, or other article would serve to
maintain the standards of the collection of the museum;
or
``(C) sale, trade, or transfer of such document,
artifact, or other article would be in the best
interests of the United States.
``(4) Loans.--In addition to the authorization under
paragraph (2) relating to the sale, trade, or transfer of
documents, artifacts, or other articles under paragraph (1),
the Secretary of State may loan such documents, artifacts, or
other articles, when not needed for use or display by the
National Museum of American Diplomacy to the Smithsonian
Institution or a similar institution for repair, study, or
exhibition.''.
SEC. 1012. EXTENSION OF PERIOD FOR REIMBURSEMENT OF FISHERMEN FOR COSTS
INCURRED FROM THE ILLEGAL SEIZURE AND DETENTION OF U.S.-
FLAG FISHING VESSELS BY FOREIGN GOVERNMENTS.
(a) In General.--Subsection (e) of section 7 of the Fishermen's
Protective Act of 1967 (22 U.S.C. 1977) is amended to read as follows:
``(e) Amounts.--Payments may be made under this section only to
such extent and in such amounts as are provided in advance in
appropriation Acts.''.
(b) Retroactive Applicability.--
(1) Effective date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act and
apply as if the date specified in subsection (e) of section 7
of the Fishermen's Protective Act of 1967, as in effect on the
day before the date of the enactment of this Act, were the day
after such date of enactment.
(2) Agreements and payments.--The Secretary of State is
authorized to--
(A) enter into agreements pursuant to section 7 of
the Fishermen's Protective Act of 1967 for any claims
to which such section would otherwise apply but for the
date specified in subsection (e) of such section, as in
effect on the day before the date of the enactment of
this Act; and
(B) make payments in accordance with agreements
entered into pursuant to such section if any such
payments have not been made as a result of the
expiration of the date specified in such section, as in
effect on the day before the date of the enactment of
this Act.
SEC. 1013. ART IN EMBASSIES.
(a) In General.--No funds are authorized to be appropriated for the
purchase of any piece of art for the purposes of installation or
display in any embassy, consulate, or other foreign mission of the
United States if the purchase price of such piece of art is in excess
of $25,000, unless such purchase is subject to prior consultation with,
and the regular notification procedures of, the appropriate
congressional committees.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of State shall submit to the appropriate
congressional committees a report on the costs of the Art in Embassies
Program for fiscal years 2012 through 2020.
(c) Sunset.--This section shall terminate on the date that is two
years after the date of the enactment of this Act.
(d) Definition.--In this section, the term ``art'' includes
paintings, sculptures, photographs, industrial design, and craft art.
SEC. 1014. AMENDMENT OR REPEAL OF REPORTING REQUIREMENTS.
(a) Burma.--
(1) In general.--Section 570 of Public Law 104-208 is
amended--
(A) by amending subsection (c) to read as follows:
``(c) Multilateral Strategy.--The President shall develop, in
coordination with like-minded countries, a comprehensive, multilateral
strategy to--
``(1) assist Burma in addressing corrosive malign influence
of the People's Republic of China; and
``(2) support democratic, constitutional, economic, and
security sector reforms in Burma designed to--
``(A) advance democratic development and improve
human rights practices and the quality of life; and
``(B) promote genuine national reconciliation.'';
and
(B) in subsection (d)--
(i) in the matter preceding paragraph (1),
by striking ``six months'' and inserting
``year'';
(ii) by redesignating paragraph (3) as
paragraph (7); and
(iii) by inserting after paragraph (2) the
following new paragraphs:
``(3) improvements in human rights practices;
``(4) progress toward broad-based and inclusive economic
growth;
``(5) progress toward genuine national reconciliation;
``(6) progress on improving the quality of life of the
Burmese people, including progress relating to market reforms,
living standards, labor standards, use of forced labor in the
tourism industry, and environmental quality; and''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date of the enactment of this Act and
apply with respect to the first report required under
subsection (d) of section 570 of Public Law 104-208 that is
required after the date of the enactment of this Act.
(b) Repeals.--The following provisions of law are hereby repealed:
(1) Subsection (b) of section 804 of Public Law 101-246.
(2) Section 6 of Public Law 104-45.
(3) Subsection (c) of section 702 of Public Law 96-465 (22
U.S.C. 4022).
(4) Section 404 of the Arms Control and Disarmament Act (22
U.S.C. 2593b).
(5) Section 5 of Public Law 94-304 (22 U.S.C. 3005).
(6) Subsection (b) of section 502 of the International
Security and Development Cooperation Act of 1985 (22 U.S.C.
2349aa-7).
(c) Technical and Conforming Amendment.--Section 502 of the
International Security and Development Cooperation Act of 1985 (22
U.S.C. 2349aa-7) is amended by redesignating subsection (c) as
subsection (b).
SEC. 1015. REPORTING ON IMPLEMENTATION OF GAO RECOMMENDATIONS.
(a) Initial Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a report that lists all of the Government
Accountability Office's recommendations relating to the Department that
have not been fully implemented.
(b) Implementation Report.--
(1) In general.--Not later than 120 days after the date of
the submission of the report required under subsection (a), the
Secretary shall submit to the appropriate congressional
committees a report that describes the implementation status of
each recommendation from the Government Accountability Office
included in such report.
(2) Justification.--The report under paragraph (1) shall
include--
(A) a detailed justification for each decision not
to fully implement a recommendation or to implement a
recommendation in a different manner than specified by
the Government Accountability Office;
(B) a timeline for the full implementation of any
recommendation the Secretary has decided to adopt, but
has not yet fully implemented; and
(C) an explanation for any discrepancies included
in the Comptroller General report submitted under
subsection (b).
(c) Form.--The information required in each report under this
section shall be submitted in unclassified form, to the maximum extent
practicable, but may be included in a classified annex to the extent
necessary.
SEC. 1016. OFFICE OF GLOBAL CRIMINAL JUSTICE.
(a) In General.--There should be established within the Department
of State an Office of Global Criminal Justice (referred to in this
section as the ``Office''), which may be placed within the
organizational structure of the Department at the discretion of the
Secretary.
(b) Duties.--The Office should carry out the following:
(1) Advise the Secretary of State and other relevant senior
officials on issues related to atrocities, including war
crimes, crimes against humanity, and genocide.
(2) Assist in formulating United States policy on the
prevention of, responses to, and accountability for atrocities.
(3) Coordinate, as appropriate and with other relevant
Federal departments and agencies, United States Government
positions relating to the international and hybrid courts
currently prosecuting persons suspected of atrocities around
the world.
(4) Work with other governments, international
organizations, and nongovernmental organizations, as
appropriate, to establish and assist international and domestic
commissions of inquiry, fact-finding missions, and tribunals to
investigate, document, and prosecute atrocities around the
world.
(5) Coordinate, as appropriate and with other relevant
Federal departments and agencies, the deployment of diplomatic,
legal, economic, military, and other tools to help collect
evidence of atrocities, judge those responsible, protect and
assist victims, enable reconciliation, prevent and deter
atrocities, and promote the rule of law.
(6) Provide advice and expertise on transitional justice
mechanisms to United States personnel operating in conflict and
post-conflict environments.
(7) Act as a point of contact for international, hybrid,
and domestic tribunals exercising jurisdiction over atrocities
committed around the world.
(8) Represent the Department on any interagency whole-of-
government coordinating entities addressing genocide and other
atrocities.
(9) Perform any additional duties and exercise such powers
as the Secretary of State may prescribe.
(c) Supervision.--If established, the Office shall be led by an
Ambassador-at-Large for Global Criminal Justice who is nominated by the
President and appointed by and with the advice and consent of the
Senate.
TITLE II--EMBASSY CONSTRUCTION
SEC. 1201. EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE.
For ``Embassy Security, Construction, and Maintenance'', there is
authorized to be appropriated $1,950,449,000 for fiscal year 2022.
SEC. 1202. STANDARD DESIGN IN CAPITAL CONSTRUCTION.
(a) Sense of Congress.--It is the sense of Congress that the
Department's Bureau of Overseas Building Operations (OBO) or successor
office should give appropriate consideration to standardization in
construction, in which each new United States embassy and consulate
starts with a standard design and keeps customization to a minimum.
(b) Consultation.--The Secretary of State shall carry out any new
United States embassy compound or new consulate compound project that
utilizes a non-standard design, including those projects that are in
the design or pre-design phase as of the date of the enactment of this
Act, only in consultation with the appropriate congressional
committees. The Secretary shall provide the appropriate congressional
committees, for each such project, the following documentation:
(1) A comparison of the estimated full lifecycle costs of
the project to the estimated full lifecycle costs of such
project if it were to use a standard design.
(2) A comparison of the estimated completion date of such
project to the estimated completion date of such project if it
were to use a standard design.
(3) A comparison of the security of the completed project
to the security of such completed project if it were to use a
standard design.
(4) A justification for the Secretary's selection of a non-
standard design over a standard design for such project.
(5) A written explanation if any of the documentation
necessary to support the comparisons and justification, as the
case may be, described in paragraphs (1) through (4) cannot be
provided.
(c) Sunset.--The consultation requirement under subsection (b)
shall expire on the date that is 4 years after the date of the
enactment of this Act.
SEC. 1203. CAPITAL CONSTRUCTION TRANSPARENCY.
(a) In General.--Section 118 of the Department of State Authorities
Act, Fiscal Year 2017 (22 U.S.C. 304) is amended--
(1) in the section heading, by striking ``annual report on
embassy construction costs'' and inserting ``biannual report on
overseas capital construction projects''; and
(2) by striking subsections (a) and (b) and inserting the
following new subsections:
``(a) In General.--Not later than 180 days after the date of the
enactment of this subsection and every 180 days thereafter until the
date that is four years after such date of enactment, the Secretary of
State shall submit to the appropriate congressional committees a
comprehensive report regarding all ongoing overseas capital
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 overseas capital
construction project and major embassy security upgrade project:
``(1) The initial cost estimate as specified in the
proposed allocation of capital construction and maintenance
funds required by the Committees on Appropriations for Acts
making appropriations for the Department of State, foreign
operations, and related programs.
``(2) The current cost estimate.
``(3) The value of each request for equitable adjustment
received by the Department to date.
``(4) The value of each certified claim received by the
Department to date.
``(5) The value of any usage of the project's contingency
fund to date and the value of the remainder of the project's
contingency fund.
``(6) An enumerated list of each request for adjustment and
certified claim that remains outstanding or unresolved.
``(7) An enumerated list of each request for equitable
adjustment and certified claim that has been fully adjudicated
or that the Department has settled, and the final dollar amount
of each adjudication or settlement.
``(8) The date of estimated completion specified in the
proposed allocation of capital construction and maintenance
funds required by the Committees on Appropriations not later
than 45 days after the date of the enactment of an Act making
appropriations for the Department of State, foreign operations,
and related programs.
``(9) The current date of estimated completion.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Department of State Authorities Act, Fiscal Year 2017 is amended by
amending the item relating to section 118 to read as follows:
``Sec. 118. Biannual report on overseas capital construction
projects.''.
SEC. 1204. CONTRACTOR PERFORMANCE INFORMATION.
(a) Deadline for Completion.--The Secretary of State shall complete
all contractor performance evaluations outstanding as of the date of
the enactment of this Act required by subpart 42.15 of the Federal
Acquisition Regulation for those contractors engaged in construction of
new embassy or new consulate compounds by April 1, 2022.
(b) Prioritization System.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall develop
a prioritization system for clearing the current backlog of
required evaluations referred to in subsection (a).
(2) Elements.--The system required under paragraph (1)
should prioritize the evaluations as follows:
(A) Project completion evaluations should be
prioritized over annual evaluations.
(B) Evaluations for relatively large contracts
should have priority.
(C) Evaluations that would be particularly
informative for the awarding of government contracts
should have priority.
(c) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall brief the
appropriate congressional committees on the Department's plan for
completing all evaluations by April 1, 2022, in accordance with
subsection (a) and the prioritization system developed pursuant to
subsection (b).
(d) Sense of Congress.--It is the sense of Congress that--
(1) contractors deciding whether to bid on Department
contracts would benefit from greater understanding of the
Department as a client; and
(2) the Department should develop a forum where contractors
can comment on the Department's project management performance.
SEC. 1205. GROWTH PROJECTIONS FOR NEW EMBASSIES AND CONSULATES.
(a) In General.--For each new United States embassy compound (NEC)
and new consulate compound project (NCC) in or not yet in the design
phase as of the date of the enactment of this Act, the Department of
State shall project growth over the estimated life of the facility
using all available and relevant data, including the following:
(1) Relevant historical trends for Department personnel and
personnel from other agencies represented at the NEC or NCC
that is to be constructed.
(2) An analysis of the tradeoffs between risk and the needs
of United States Government policy conducted as part of the
most recent Vital Presence Validation Process, if applicable.
(3) Reasonable assumptions about the strategic importance
of the NEC or NCC, as the case may be, over the life of the
building at issue.
(4) Any other data that would be helpful in projecting the
future growth of NEC or NCC.
(b) Other Federal Agencies.--The head of each Federal agency
represented at a United States embassy or consulate shall provide to
the Secretary, upon request, growth projections for the personnel of
each such agency over the estimated life of each embassy or consulate,
as the case may be.
(c) Basis for Estimates.--The Department of State shall base its
growth assumption for all NECs and NCCs on the estimates required under
subsections (a) and (b).
(d) Congressional Notification.--Any congressional notification of
site selection for a NEC or NCC submitted after the date of the
enactment of this Act shall include the growth assumption used pursuant
to subsection (c).
SEC. 1206. LONG-RANGE PLANNING PROCESS.
(a) Plans Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act and annually thereafter for the next
five years as the Secretary of State considers appropriate, the
Secretary shall develop--
(A) a comprehensive 6-year plan documenting the
Department's overseas building program for the
replacement of overseas diplomatic posts taking into
account security factors under the Secure Embassy
Construction and Counterterrorism Act of 1999 and other
relevant statutes and regulations, as well as
occupational safety and health factors pursuant to the
Occupational Safety and Health Act of 1970 and other
relevant statutes and regulations, including
environmental factors such as indoor air quality that
impact employee health and safety; and
(B) a comprehensive 6-year plan detailing the
Department's long-term planning for the maintenance and
sustainment of completed diplomatic posts, which takes
into account security factors under the Secure Embassy
Construction and Counterterrorism Act of 1999 and other
relevant statutes and regulations, as well as
occupational safety and health factors pursuant to the
Occupational Safety and Health Act of 1970 and other
relevant statutes and regulations, including
environmental factors such as indoor air quality that
impact employee health and safety.
(2) Initial report.--The first plan developed pursuant to
paragraph (1)(A) shall also include a one-time status report on
existing small diplomatic posts and a strategy for establishing
a physical diplomatic presence in countries in which there is
no current physical diplomatic presence and with which the
United States maintains diplomatic relations. Such report,
which may include a classified annex, shall include the
following:
(A) A description of the extent to which each small
diplomatic post furthers the national interest of the
United States.
(B) A description of how each small diplomatic post
provides American Citizen Services, including data on
specific services provided and the number of Americans
receiving services over the previous year.
(C) A description of whether each small diplomatic
post meets current security requirements.
(D) A description of the full financial cost of
maintaining each small diplomatic post.
(E) Input from the relevant chiefs of mission on
any unique operational or policy value the small
diplomatic post provides.
(F) A recommendation of whether any small
diplomatic posts should be closed.
(3) Updated information.--The annual updates of each of the
plans developed pursuant to paragraph (1) shall highlight any
changes from the previous year's plan to the ordering of
construction and maintenance projects.
(b) Reporting Requirements.--
(1) Submission of plans to congress.--Not later than 60
days after the completion of each plan required under
subsection (a), the Secretary of State shall submit the plans
to the appropriate congressional committees.
(2) Reference in budget justification materials.--In the
budget justification materials submitted to the appropriate
congressional committees in support of the Department of
State's budget for any fiscal year (as submitted with the
budget of the President under section 1105(a) of title 31,
United States Code), the plans required under subsection (a)
shall be referenced to justify funding requested for building
and maintenance projects overseas.
(3) Form of report.--Each report required under paragraph
(1) shall be submitted in unclassified form but may include a
classified annex.
(c) Small Diplomatic Post Defined.--In this section, the term
``small diplomatic post'' means any United States embassy or consulate
that has employed five or fewer United States Government employees or
contractors on average over the 36 months prior to the date of the
enactment of this Act.
SEC. 1207. VALUE ENGINEERING AND RISK ASSESSMENT.
(a) Findings.--Congress makes the following findings:
(1) Federal departments and agencies are required to use
value engineering (VE) as a management tool, where appropriate,
to reduce program and acquisition costs pursuant to OMB
Circular A-131, Value Engineering, dated December 31, 2013.
(2) OBO has a Policy Directive and Standard Operation
Procedure, dated May 24, 2017, on conducting risk management
studies on all international construction projects.
(b) Notification Requirements.--
(1) Submission to authorizing committees.--Any notification
that includes the allocation of capital construction and
maintenance funds shall be submitted to the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives.
(2) Requirement to confirm completion of value engineering
and risk assessment studies.--The notifications required under
paragraph (1) shall include confirmation that the Department
has completed the requisite VE and risk management process
described in subsection (a), or applicable successor process.
(c) Reporting and Briefing Requirements.--The Secretary of State
shall provide to the appropriate congressional committees upon
request--
(1) a description of each risk management study referred to
in subsection (a)(2) and a table detailing which
recommendations related to each such study were accepted and
which were rejected; and
(2) a report or briefing detailing the rationale for not
implementing any such recommendations that may otherwise yield
significant cost savings to the Department if implemented.
SEC. 1208. BUSINESS VOLUME.
Section 402(c)(2)(E) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4852(c)(2)(E)) is amended by
striking ``in 3 years'' and inserting ``cumulatively over 3 years''.
SEC. 1209. EMBASSY SECURITY REQUESTS AND DEFICIENCIES.
The Secretary of State shall provide to the appropriate
congressional committees, the Committee on Armed Services of the House
of Representatives, and the Committee on Armed Services of the Senate
upon request information on physical security deficiencies at United
States diplomatic posts, including relating to the following:
(1) Requests made over the previous year by United States
diplomatic posts for security upgrades.
(2) Significant security deficiencies at United States
diplomatic posts that are not operating out of a new embassy
compound or new consulate compound.
SEC. 1210. OVERSEAS SECURITY BRIEFINGS.
Not later than one year after the date of the enactment of this
Act, the Secretary of State shall revise the Foreign Affairs Manual to
stipulate that information on the current threat environment shall be
provided to all United States Government employees under chief of
mission authority traveling to a foreign country on official business.
To the extent practicable, such material shall be provided to such
employees prior to their arrival at a United States diplomatic post or
as soon as possible thereafter.
SEC. 1211. CONTRACTING METHODS IN CAPITAL CONSTRUCTION.
(a) Delivery.--Unless the Secretary of State notifies the
appropriate congressional committees that the use of the design-build
project delivery method would not be appropriate, the Secretary shall
make use of such method at United States diplomatic posts that have not
yet received design or capital construction contracts as of the date of
the enactment of this Act.
(b) Notification.--Before executing a contract for a delivery
method other than design-build in accordance with subsection (a), the
Secretary of State shall notify the appropriate congressional
committees in writing of the decision, including the reasons therefor.
The notification required by this subsection may be included in any
other report regarding a new United States diplomatic post that is
required to be submitted to the appropriate congressional committees.
(c) Performance Evaluation.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State shall report to
the appropriate congressional committees regarding performance
evaluation measures in accordance with GAO's ``Standards for Internal
Control in the Federal Government'' that will be applicable to design
and construction, lifecycle cost, and building maintenance programs of
the Bureau of Overseas Building Operations of the Department.
SEC. 1212. COMPETITION IN EMBASSY CONSTRUCTION.
Not later than 45 days after the date of the enactment of this Act,
the Secretary of State shall submit to the appropriate congressional
committee a report detailing steps the Department of State is taking to
expand the embassy construction contractor base in order to increase
competition and maximize value.
SEC. 1213. STATEMENT OF POLICY.
It is the policy of the United States that the Bureau of Overseas
Building Operations of the Department or its successor office shall
continue to balance functionality and security with accessibility, as
defined by guidelines established by the United States Access Board in
constructing embassies and consulates, and shall ensure compliance with
the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) to the
fullest extent possible.
SEC. 1214. DEFINITIONS.
In this title:
(1) Design-build.--The term ``design-build'' means a method
of project delivery in which one entity works under a single
contract with the Department to provide design and construction
services.
(2) Non-standard design.--The term ``non-standard design''
means a design for a new embassy compound project or new
consulate compound project that does not utilize a standardized
design for the structural, spatial, or security requirements of
such embassy compound or consulate compound, as the case may
be.
TITLE III--PERSONNEL ISSUES
SEC. 1301. DEFENSE BASE ACT INSURANCE WAIVERS.
(a) Application for Waivers.--Not later than 30 days after the date
of the enactment of this Act, the Secretary of State shall apply to the
Department of Labor for a waiver from insurance requirements under the
Defense Base Act (42 U.S.C. 1651 et seq.) for all countries with
respect to which the requirement was waived prior to January 2017, and
for which there is not currently a waiver.
(b) Certification Requirement.--Not later than 45 days after the
date of the enactment of this Act, the Secretary of State shall certify
to the appropriate congressional committees that the requirement in
subsection (a) has been met.
SEC. 1302. STUDY ON FOREIGN SERVICE ALLOWANCES.
(a) Report Required.--
(1) In general.--Not later than one year after date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report detailing an
empirical analysis on the effect of overseas allowances on the
foreign assignment of Foreign Service officers (FSOs), to be
conducted by a federally-funded research and development center
with appropriate expertise in labor economics and military
compensation.
(2) Contents.--The analysis required under paragraph (1)
shall--
(A) identify all allowances paid to FSOs assigned
permanently or on temporary duty to foreign areas;
(B) examine the efficiency of the Foreign Service
bidding system in determining foreign assignments;
(C) examine the factors that incentivize FSOs to
bid on particular assignments, including danger levels
and hardship conditions;
(D) examine the Department's strategy and process
for incentivizing FSOs to bid on assignments that are
historically in lower demand, including with monetary
compensation, and whether monetary compensation is
necessary for assignments in higher demand;
(E) make any relevant comparisons to military
compensation and allowances, noting which allowances
are shared or based on the same regulations;
(F) recommend options for restructuring allowances
to improve the efficiency of the assignments system and
better align FSO incentives with the needs of the
Foreign Service, including any cost savings associated
with such restructuring;
(G) recommend any statutory changes necessary to
implement subparagraph (F), such as consolidating
existing legal authorities for the provision of
hardship and danger pay; and
(H) detail any effects of recommendations made
pursuant to subparagraphs (F) and (G) on other United
States Government departments and agencies with
civilian employees permanently assigned or on temporary
duty in foreign areas, following consultation with such
departments and agencies.
(b) Briefing Requirement.--Before initiating the analysis required
under subsection (a)(1), and not later than 60 days after the date of
the enactment of this Act, the Secretary of State shall provide to the
Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs in the House of Representatives a briefing on the
implementation of this section that includes the following:
(1) The name of the federally funded research and
development center that will conduct such analysis.
(2) The scope of such analysis and terms of reference for
such analysis as specified between the Department of State and
such federally funded research and development center.
(c) Availability of Information.--
(1) In general.--The Secretary of State shall make
available to the federally-funded research and development
center carrying out the analysis required under subsection
(a)(1) all necessary and relevant information to allow such
center to conduct such analysis in a quantitative and
analytical manner, including historical data on the number of
bids for each foreign assignment and any survey data collected
by the Department of State from eligible bidders on their bid
decision-making.
(2) Cooperation.--The Secretary of State shall work with
the heads of other relevant United States Government
departments and agencies to ensure such departments and
agencies provide all necessary and relevant information to the
federally-funded research and development center carrying out
the analysis required under subsection (a)(1).
(d) Interim Report to Congress.--The Secretary of State shall
require that the chief executive officer of the federally-funded
research and development center that carries out the analysis required
under subsection (a)(1) submit to the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs of the House of
Representatives an interim report on such analysis not later than 180
days after the date of the enactment of this Act.
SEC. 1303. SCIENCE AND TECHNOLOGY FELLOWSHIPS.
Section 504 of the Foreign Relations Authorization Act, Fiscal Year
1979 (22 U.S.C. 2656d) is amended by adding at the end the following
new subsection:
``(e) Grants and Cooperative Agreements Related to Science and
Technology Fellowship Programs.--
``(1) In general.--The Secretary of State is authorized to
make grants or enter into cooperative agreements related to
Department of State science and technology fellowship programs,
including for assistance in recruiting fellows and the payment
of stipends, travel, and other appropriate expenses to fellows.
``(2) Exclusion from consideration as compensation.--
Stipends under paragraph (1) shall not be considered
compensation for purposes of section 209 of title 18, United
States Code.
``(3) Maximum annual amount.--The total amount of grants
made pursuant to this subsection may not exceed $500,000 in any
fiscal year.''.
SEC. 1304. TRAVEL FOR SEPARATED FAMILIES.
Section 901(15) of the Foreign Service Act of 1980 (22 U.S.C.
4081(15)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``1 round-trip per year for each child below age 21 of a member
of the Service assigned abroad'' and inserting ``in the case of
one or more children below age 21 of a member of the Service
assigned abroad, one round-trip per year'';
(2) in subparagraph (A)--
(A) by inserting ``for each child'' before ``to
visit the member abroad''; and
(B) by striking ``; or'' and inserting a comma;
(3) in subparagraph (B)--
(A) by inserting ``for each child'' before ``to
visit the other parent''; and
(B) by inserting ``or'' after ``resides,'';
(4) by inserting after subparagraph (B) the following new
subparagraph:
``(C) for one of the child's parents to visit the
child or children abroad if the child or children do
not regularly reside with that parent and that parent
is not receiving an education allowance or educational
travel allowance for the child or children under
section 5924(4) of title 5, United States Code,''; and
(5) in the matter following subparagraph (C), as added by
paragraph (4) of this section, by striking ``a payment'' and
inserting ``the cost of round-trip travel''.
SEC. 1305. HOME LEAVE TRAVEL FOR SEPARATED FAMILIES.
Section 903(b) of the Foreign Service Act of 1980 (22 U.S.C.
4083(b)) is amended by adding at the end the following new sentence:
``In cases in which a member of the Service has official orders to an
unaccompanied post and in which the family members of the member reside
apart from the member at authorized locations outside the United
States, the member may take the leave ordered under this section where
that member's family members reside, notwithstanding section 6305 of
title 5, United States Code.''.
SEC. 1306. SENSE OF CONGRESS REGARDING CERTAIN FELLOWSHIP PROGRAMS.
It is the sense of Congress that Department fellowships that
promote the employment of candidates belonging to under-represented
groups, including the Charles B. Rangel International Affairs Graduate
Fellowship Program, the Thomas R. Pickering Foreign Affairs Fellowship
Program, and the Donald M. Payne International Development Fellowship
Program, represent smart investments vital for building a strong,
capable, and representative national security workforce.
SEC. 1307. TECHNICAL CORRECTION.
Subparagraph (A) of section 601(c)(6) of the Foreign Service Act of
1980 (22 U.S.C. 4001(c)(6)) is amended, in the matter preceding clause
(i), by--
(1) striking ``promotion'' and inserting ``promotion, on or
after January 1, 2017,''; and
(2) striking ``individual joining the Service on or after
January 1, 2017,'' and inserting ``Foreign Service officer,
appointed under section 302(a)(1), who has general
responsibility for carrying out the functions of the Service''.
SEC. 1308. FOREIGN SERVICE AWARDS.
(a) In General.--Section 614 of the Foreign Service Act of 1980 (22
U.S.C. 4013) is amended--
(1) by amending the section heading to read as follows:
``department awards''; and
(2) in the first sentence, by inserting ``or Civil
Service'' after ``the Service''.
(b) Conforming Amendment.--The item relating to section 614 in the
table of contents of the Foreign Service Act of 1980 is amended to read
as follows:
``Sec. 614. Department awards.''.
SEC. 1309. WORKFORCE ACTIONS.
(a) Sense of Congress on Workforce Recruitment.--It is the sense of
Congress that the Secretary of State should continue to hold entry-
level classes for Foreign Service officers and specialists and continue
to recruit civil servants through programs such as the Presidential
Management Fellows Program and Pathways Internship Programs in a manner
and at a frequency consistent with prior years and consistent with the
need to maintain a pool of experienced personnel effectively
distributed across skill codes and ranks. It is further the sense of
Congress that absent continuous recruitment and training of Foreign
Service officers and civil servants, the Department of State will lack
experienced, qualified personnel in the short, medium, and long terms.
(b) Limitation.--The Secretary of State should not implement any
reduction-in-force action under section 3502 or 3595 of title 5, United
States Code, or for any incentive payments for early separation or
retirement under any other provision of law unless--
(1) the appropriate congressional committees are notified
not less than 15 days in advance of such obligation or
expenditure; and
(2) the Secretary has provided to the appropriate
congressional committees a detailed report that describes the
Department of State's strategic staffing goals, including--
(A) a justification that describes how any proposed
workforce reduction enhances the effectiveness of the
Department;
(B) a certification that such workforce reduction
is in the national interest of the United States;
(C) a comprehensive strategic staffing plan for the
Department, including 5-year workforce forecasting and
a description of the anticipated impact of any proposed
workforce reduction; and
(D) a dataset displaying comprehensive workforce
data for all current and planned employees of the
Department, disaggregated by--
(i) Foreign Service officer and Foreign
Service specialist rank;
(ii) civil service job skill code, grade
level, and bureau of assignment;
(iii) contracted employees, including the
equivalent job skill code and bureau of
assignment; and
(iv) employees hired under schedule C of
subpart C of part 213 of title 5, Code of
Federal Regulations, including their equivalent
grade and job skill code and bureau of
assignment.
SEC. 1310. SENSE OF CONGRESS REGARDING VETERANS EMPLOYMENT AT THE
DEPARTMENT OF STATE.
It is the sense of Congress that--
(1) the Department of State should continue to promote the
employment of veterans, in accordance with section 301 of the
Foreign Service Act of 1980 (22 U.S.C. 3941), as amended by
section 1407 of this Act, including those veterans belonging to
traditionally under-represented groups at the Department;
(2) veterans employed by the Department have made
significant contributions to United States foreign policy in a
variety of regional and global affairs bureaus and diplomatic
posts overseas; and
(3) the Department should continue to encourage veteran
employment and facilitate their participation in the workforce.
SEC. 1311. EMPLOYEE ASSIGNMENT RESTRICTIONS AND PRECLUSIONS.
(a) Sense of Congress.--It is the sense of Congress that the
Department of State should expand the appeal process it makes available
to employees related to assignment preclusions and restrictions.
(b) Appeal of Assignment Restriction or Preclusion.--Subsection (a)
of section 414 of the Department of State Authorities Act, Fiscal Year
2017 (22 U.S.C. 2734c(a)) is amended by adding at the end the following
new sentences: ``Such right and process shall ensure that any employee
subjected to an assignment restriction or preclusion shall have the
same appeal rights as provided by the Department regarding denial or
revocation of a security clearance. Any such appeal shall be resolved
not later than 60 days after such appeal is filed.''.
(c) Notice and Certification.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of State shall revise,
and certify to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the Senate
regarding such revision, the Foreign Affairs Manual guidance regarding
denial or revocation of a security clearance to expressly state that
all review and appeal rights relating thereto shall also apply to any
recommendation or decision to impose an assignment restriction or
preclusion to an employee.
SEC. 1312. RECALL AND REEMPLOYMENT OF CAREER MEMBERS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) career Department of State employees provide invaluable
service to the United States as nonpartisan professionals who
contribute subject matter expertise and professional skills to
the successful development and execution of United States
foreign policy; and
(2) reemployment of skilled former members of the Foreign
and civil service who have voluntarily separated from the
Foreign or civil service due to family reasons or to obtain
professional skills outside government is of benefit to the
Department.
(b) Notice of Employment Opportunities for Department of State and
USAID Positions.--
(1) In general.--Title 5, United States Code, is amended by
inserting after chapter 102 the following new chapter:
``CHAPTER 103--NOTICE OF EMPLOYMENT OPPORTUNITIES FOR DEPARTMENT OF
STATE AND USAID POSITIONS
``Sec.
``10301. Notice of employment opportunities for Department of State and
USAID positions.
``Sec. 10301. Notice of employment opportunities for Department of
State and USAID positions
``To ensure that individuals who have separated from the Department
of State or the United States Agency for International Development and
who are eligible for reappointment are aware of such opportunities, the
Department of State and the United States Agency for International
Development shall publicize notice of all employment opportunities,
including positions for which the relevant agency is accepting
applications from individuals within the agency's workforce under merit
promotion procedures, on publicly accessible sites, including
www.usajobs.gov. If using merit promotion procedures, the notice shall
expressly state that former employees eligible for reinstatement may
apply.''.
(2) Clerical amendment.--The table of chapters at the
beginning of part III of title 5, United States Code, is
amended by adding at the end of subpart I the following:
``103. Notice of employment opportunities for Department of 10301''.
State and USAID positions.
SEC. 1313. STRATEGIC STAFFING PLAN FOR THE DEPARTMENT OF STATE.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a comprehensive 5-year strategic
staffing plan for the Department of State that is aligned with and
furthers the objectives of the National Security Strategy of the United
States of America issued in December 2017, or any subsequent strategy
issued not later than 18 months after the date of the enactment of this
Act, which shall include the following:
(1) A dataset displaying comprehensive workforce data,
including all shortages in bureaus described in GAO report GAO-
19-220, for all current and planned employees of the
Department, disaggregated by--
(A) Foreign Service officer and Foreign Service
specialist rank;
(B) civil service job skill code, grade level, and
bureau of assignment;
(C) contracted employees, including the equivalent
job skill code and bureau of assignment;
(D) employees hired under schedule C of subpart C
of part 213 of title 5, Code of Federal Regulations,
including the equivalent grade and job skill code and
bureau of assignment of such employee; and
(E) overseas region.
(2) Recommendations on the number of Foreign Service
officers disaggregated by service cone that should be posted at
each United States diplomatic post and in the District of
Columbia, with a detailed basis for such recommendations.
(3) Recommendations on the number of civil service officers
that should be employed by the Department, with a detailed
basis for such recommendations.
(b) Maintenance.--The dataset required under subsection (a)(1)
shall be maintained and updated on a regular basis.
(c) Consultation.--The Secretary of State shall lead the
development of the plan required under subsection (a) but may consult
or partner with private sector entities with expertise in labor
economics, management, or human resources, as well as organizations
familiar with the demands and needs of the Department of State's
workforce.
(d) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a report regarding root causes of
Foreign Service and civil service shortages, the effect of such
shortages on national security objectives, and the Department of
State's plan to implement recommendations described in GAO-19-220.
SEC. 1314. CONSULTING SERVICES.
(a) In General.--Chapter 103 of title 5, United States Code, as
added by section 1312(b) of this Act, is amended by adding at the end
the following:
``Sec. 10302. Consulting services for the Department of State
``Any consulting service obtained by the Department of State
through procurement contract pursuant to section 3109 of title 5,
United States Code, shall be limited to those contracts with respect to
which expenditures are a matter of public record and available for
public inspection, except if otherwise provided under existing law, or
under existing Executive order issued pursuant to existing law.''.
(b) Clerical Amendment.--The table of sections for chapter 103 of
title 5, United States Code, as added by section 1312(b) of this Act,
is amended by adding after the item relating to section 10301 the
following new item:
``10302. Consulting services for the Department of State''.
SEC. 1315. INCENTIVES FOR CRITICAL POSTS.
Section 1115(d) of the Supplemental Appropriations Act, 2009
(Public Law 111-32) is amended by striking the last sentence.
SEC. 1316. EXTENSION OF AUTHORITY FOR CERTAIN ACCOUNTABILITY REVIEW
BOARDS.
Section 301(a)(3) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) is amended--
(1) in the heading, by striking ``afghanistan and'' and
inserting ``afghanistan, yemen, syria, and''; and
(2) in subparagraph (A)--
(A) in clause (i), by striking ``Afghanistan or''
and inserting ``Afghanistan, Yemen, Syria, or''; and
(B) in clause (ii), by striking ``beginning on
October 1, 2005, and ending on September 30, 2009'' and
inserting ``beginning on October 1, 2020, and ending on
September 30, 2022''.
SEC. 1317. FOREIGN SERVICE SUSPENSION WITHOUT PAY.
Subsection (c) of section 610 of the Foreign Service Act of 1980
(22 U.S.C. 4010) is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``suspend'' and inserting ``indefinitely
suspend without duties'';
(2) by redesignating paragraph (5) as paragraph (7);
(3) by inserting after paragraph (4) the following new
paragraphs:
``(5) For each member of the Service suspended under paragraph
(1)(A) whose security clearance remains suspended for more than one
calendar year, not later than 30 days after the end of such calendar
year the Secretary of State shall report to the Committee on Foreign
Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate in writing regarding the specific reasons
relating to the duration of each such suspension.
``(6) Any member of the Service suspended under paragraph (1)(B)
may be suspended without pay only after a final written decision is
provided to such member pursuant to paragraph (2).''; and
(4) in paragraph (7), as so redesignated--
(A) by striking ``(7) In this subsection:'';
(B) in subparagraph (A), by striking ``(A) The
term'' and inserting the following:
``(7) In this subsection, the term--'';
(C) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively, and moving
such subparagraphs 2 ems to the left; and
(D) by striking subparagraph (B) (relating to the
definition of ``suspend'' and ``suspension'').
SEC. 1318. FOREIGN AFFAIRS MANUAL AND FOREIGN AFFAIRS HANDBOOK CHANGES.
(a) Applicability.--The Foreign Affairs Manual and the Foreign
Affairs Handbook apply with equal force and effect and without
exception to all Department of State personnel, including the Secretary
of State, Department employees, and political appointees, regardless of
an individual's status as a Foreign Service officer, Civil Service
employee, or political appointee hired under any legal authority.
(b) Certification.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a certification in unclassified
form that the applicability described in subsection (a) has been
communicated to all Department personnel, including the personnel
referred to in such subsection.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act and every 180 days thereafter for
five years, the Secretary of State shall submit to the
appropriate congressional committees a report detailing all
significant changes made to the Foreign Affairs Manual or the
Foreign Affairs Handbook.
(2) Covered periods.--The first report required under
paragraph (1) shall cover the 5-year period preceding the
submission of such report. Each subsequent report shall cover
the 180-day period preceding submission.
(3) Contents.--Each report required under paragraph (1)
shall contain the following:
(A) The location within the Foreign Affairs Manual
or the Foreign Affairs Handbook where a change has been
made.
(B) The statutory basis for each such change, as
applicable.
(C) A side-by-side comparison of the Foreign
Affairs Manual or Foreign Affairs Handbook before and
after such change.
(D) A summary of such changes displayed in
spreadsheet form.
SEC. 1319. WAIVER AUTHORITY FOR INDIVIDUAL OCCUPATIONAL REQUIREMENTS OF
CERTAIN POSITIONS.
The Secretary of State may waive any or all of the individual
occupational requirements with respect to an employee or prospective
employee of the Department of State for a civilian position categorized
under the GS-0130 occupational series if the Secretary determines that
the individual possesses significant scientific, technological,
engineering, or mathematical expertise that is integral to performing
the duties of the applicable position, based on demonstrated job
performance and qualifying experience. With respect to each waiver
granted under this subsection, the Secretary shall set forth in a
written document that is transmitted to the Director of the Office of
Personnel Management the rationale for the decision of the Secretary to
waive such requirements.
SEC. 1320. APPOINTMENT OF EMPLOYEES TO THE GLOBAL ENGAGEMENT CENTER.
The Secretary of State may appoint, for a 3-year period that may be
extended for up to an additional two years, solely to carry out the
functions of the Global Engagement Center, employees of the Department
of State without regard to the provisions of title 5, United States
Code, governing appointment in the competitive service, and may fix the
basic compensation of such employees without regard to chapter 51 and
subchapter III of chapter 53 of such title.
SEC. 1321. REST AND RECUPERATION AND OVERSEAS OPERATIONS LEAVE FOR
FEDERAL EMPLOYEES.
(a) In General.--Subchapter II of chapter 63 of title 5, United
States Code, is amended by adding at the end the following new
sections:
``Sec. 6329d. Rest and recuperation leave
``(a) Definitions.--In this section--
``(1) the term `agency' means an Executive agency (as that
term is defined in section 105), but does not include the
Government Accountability Office;
``(2) the term `combat zone' means a geographic area
designated by an Executive order of the President as an area in
which the Armed Forces are engaging or have engaged in combat,
an area designated by law to be treated as a combat zone, or a
location the Department of Defense has certified for combat
zone tax benefits due to its direct support of military
operations;
``(3) the term `employee' has the meaning given that term
in section 6301;
``(4) the term `high risk, high threat post' has the
meaning given that term in section 104 of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C.
4803); and
``(5) the term `leave year' means the period beginning on
the first day of the first complete pay period in a calendar
year and ending on the day immediately before the first day of
the first complete pay period in the following calendar year.
``(b) Leave for Rest and Recuperation.--The head of an agency may
prescribe regulations to grant up to 20 days of paid leave, per leave
year, for the purposes of rest and recuperation to an employee of the
agency serving in a combat zone, any other high risk, high threat post,
or any other location presenting significant security or operational
challenges.
``(c) Discretionary Authority of Agency Head.--Use of the authority
under subsection (b) is at the sole and exclusive discretion of the
head of the agency concerned.
``(d) Records.--An agency shall record leave provided under this
section separately from leave authorized under any other provision of
law.
``Sec. 6329e. Overseas operations leave
``(a) Definitions.--In this section--
``(1) the term `agency' means an Executive agency (as that
term is defined in section 105), but does not include the
Government Accountability Office;
``(2) the term `employee' has the meaning given that term
in section 6301; and
``(3) the term `leave year' means the period beginning with
the first day of the first complete pay period in a calendar
year and ending with the day immediately before the first day
of the first complete pay period in the following calendar
year.
``(b) Leave for Overseas Operations.--The head of an agency may
prescribe regulations to grant up to 10 days of paid leave, per leave
year, to an employee of the agency serving abroad where the conduct of
business could pose potential security or safety related risks or would
be inconsistent with host-country practice. Such regulations may
provide that additional leave days may be granted during such leave
year if the head of the agency determines that to do so is necessary to
advance the national security or foreign policy interests of the United
States.
``(c) Discretionary Authority of Agency Head.--Use of the authority
under subsection (b) is at the sole and exclusive discretion of the
head of the agency concerned.
``(d) Records.--An agency shall record leave provided under this
section separately from leave authorized under any other provision of
law.''.
(b) Clerical Amendments.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
6329c the following new items:
``6329d. Rest and recuperation leave
``6329e. Overseas operations leave''.
SEC. 1322. EMERGENCY MEDICAL SERVICES AUTHORITY.
Section 3 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2670) is amended--
(1) in subsection (l), by striking ``and'' after the
semicolon;
(2) in subsection (m), by striking the period and inserting
``; and''; and
(3) by adding at the end the following new subsection:
``(n) in exigent circumstances, as determined by the
Secretary, provide emergency medical services or related
support for private United States citizens, nationals, and
permanent resident aliens abroad, or third country nationals
connected to such persons or to the diplomatic or development
missions of the United States abroad, who are unable to obtain
such services or support otherwise, with such assistance
provided on a reimbursable basis to the extent feasible.''.
SEC. 1323. DEPARTMENT OF STATE STUDENT INTERNSHIP PROGRAM.
(a) In General.--The Secretary of State shall establish the
Department of State Student Internship Program (in this section
referred to as the ``Program'') to offer internship opportunities at
the Department of State to eligible students to raise awareness of the
essential role of diplomacy in the conduct of United States foreign
policy and the realization of United States foreign policy objectives.
(b) Eligibility.--To be eligible to participate in the Program, an
applicant shall--
(1) be enrolled, not less than half-time, at--
(A) an institution of higher education (as such
term is defined section 102 of the Higher Education Act
of 1965 (20 U.S.C. 1002)); or
(B) an institution of higher education based
outside the United States, as determined by the
Secretary of State;
(2) be able to receive and hold an appropriate security
clearance; and
(3) satisfy such other criteria as established by the
Secretary.
(c) Selection.--The Secretary of State shall establish selection
criteria for students to be admitted into the Program that includes the
following:
(1) Demonstrable interest in a career in foreign affairs.
(2) Academic performance.
(3) Such other criteria as determined by the Secretary.
(d) Outreach.--The Secretary of State shall advertise the Program
widely, including on the internet, through the Department of State's
Diplomats in Residence program, and through other outreach and
recruiting initiatives targeting undergraduate and graduate students.
The Secretary shall actively encourage people belonging to
traditionally under-represented groups in terms of racial, ethnic,
geographic, and gender diversity, and disability status to apply to the
Program, including by conducting targeted outreach at minority serving
institutions (as such term is described in section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)).
(e) Compensation.--
(1) In general.--Students participating in the Program
shall be paid at least--
(A) the amount specified in section 6(a)(1) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)),
or
(B) the minimum wage of the jurisdiction in which
the internship is located,
whichever is greater.
(2) Housing assistance.--
(A) Abroad.--The Secretary of State shall provide
housing assistance to a student participating in the
Program whose permanent address is within the United
States if the location of the internship in which such
student is participating is outside the United States.
(B) Domestic.--The Secretary of State is authorized
to provide housing assistance to a student
participating in the Program whose permanent address is
within the United States if the location of the
internship in which such student is participating is
more than 50 miles away from such student's permanent
address.
(3) Travel assistance.--The Secretary of State shall
provide a student participating in the Program whose permanent
address is within the United States financial assistance to
cover the costs of travel once to and once from the location of
the internship in which such student is participating,
including travel by air, train, bus, or other transit as
appropriate, if the location of such internship is--
(A) more than 50 miles from such student's
permanent address; or
(B) outside the United States.
(f) Working With Institutions of Higher Education.--The Secretary
of State is authorized to enter into agreements with institutions of
higher education to structure internships to ensure such internships
satisfy criteria for academic programs in which participants in such
internships are enrolled.
(g) Transition Period.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Secretary of State shall
transition all unpaid internship programs of the Department,
including the Foreign Service Internship Program, to internship
programs that offer compensation. Upon selection as a candidate
for entry into an internship program of the Department after
such date, a participant in such internship program shall be
afforded the opportunity to forgo compensation, including if
doing so allows such participant to receive college or
university curricular credit.
(2) Exception.--The transition required under paragraph (1)
shall not apply in the case of unpaid internship programs of
the Department of State that are part of the Virtual Student
Federal Service internship program.
(3) Waiver.--
(A) In general.--The Secretary may waive the
requirement under this subsection to transition an
unpaid internship program of the Department to an
internship program that offers compensation if the
Secretary determines and not later than 30 days after
any such determination submits to the appropriate
congressional committees a report that to do so would
not be consistent with effective management goals.
(B) Report.--The report required under subparagraph
(A) shall describe the reason why transitioning an
unpaid internship program of the Department to an
internship program that offers compensation would not
be consistent with effective management goals,
including any justification for maintaining such unpaid
status indefinitely, or any additional authorities or
resources necessary to transition such unpaid program
to offer compensation in the future.
(h) Reports.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of State shall submit to the
Committee on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of a Senate a report that includes the
following:
(1) Data, to the extent collection of such information is
permissible by law, regarding the number of students,
disaggregated by race, ethnicity, gender, institution of higher
learning, home State, State where each student graduated from
high school, and disability status, who applied to the Program,
were offered a position, and participated.
(2) Data on the number of security clearance investigations
started for such students and the timeline for such
investigations, including whether such investigations were
completed or if, and when, an interim security clearance was
granted.
(3) Information on expenditures on the Program.
(4) Information regarding the Department of State's
compliance with subsection (g).
(i) Voluntary Participation.--
(1) In general.--Nothing in this section may be construed
to compel any student who is a participant in an internship
program of the Department of State to participate in the
collection of the data or divulge any personal information.
Such students shall be informed that their participation in the
data collection contemplated by this section is voluntary.
(2) Privacy protection.--Any data collected under this
section shall be subject to the relevant privacy protection
statutes and regulations applicable to Federal employees.
(j) Special Hiring Authority.--The Department of State may offer
compensated internships for not more than 52 weeks, and select,
appoint, employ, and remove individuals in such compensated internships
without regard to the provisions of law governing appointments in the
competitive service.
(k) Use of Funds.--Internships offered and compensated by the
Department subject to this section shall be funded by amounts
appropriated pursuant to--
(1) the authorization of appropriations under section 1001;
and
(2) any other Act.
SEC. 1324. COMPETITIVE STATUS FOR CERTAIN EMPLOYEES HIRED BY INSPECTORS
GENERAL TO SUPPORT THE LEAD IG MISSION.
Subparagraph (A) of section 8L(d)(5) of the Inspector General Act
of 1978 (5 U.S.C. App.) is amended by striking ``a lead Inspector
General for'' and inserting ``any of the Inspectors General specified
in subsection (c) for oversight of''.
SEC. 1325. COOPERATION WITH OFFICE OF THE INSPECTOR GENERAL.
(a) Administrative Discipline.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of State shall make
explicit in writing to all Department of State personnel, including the
Secretary of State, Department employees, contractors, and political
appointees, and shall consider updating the Foreign Affairs Manual and
the Foreign Affairs Handbook to explicitly specify, that if any of such
personnel does not comply within 60 days with a request for an
interview or access to documents from the Office of the Inspector
General of the Department such personnel may be subject to appropriate
administrative discipline including, when circumstances warrant,
suspension without pay or removal.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act and on a quarterly basis thereafter,
the Office of the Inspector General of the Department of State
and the United States Agency for Global Media shall submit to
the appropriate congressional committees and the Secretary of
State a report in unclassified form detailing the following:
(A) The number of individuals who have failed to
comply within 60 days with a request for an interview
or access to documents from the Office of the Inspector
General pertaining to a non-criminal matter.
(B) The date on which such requests were initially
made.
(C) Any extension of time that was voluntarily
granted to such individual by the Office of the
Inspector General.
(D) The general subject matters regarding which the
Office of the Inspector General has requested of such
individuals.
(2) Form.--Additional information pertaining solely to the
subject matter of a request described in paragraph (1) may be
provided in a supplemental classified annex, if necessary, but
all other information required by the reports required under
such paragraph shall be provided in unclassified form.
SEC. 1326. INFORMATION ON EDUCATIONAL OPPORTUNITIES FOR CHILDREN WITH
SPECIAL EDUCATIONAL NEEDS CONSISTENT WITH THE INDIVIDUALS
WITH DISABILITIES EDUCATION ACT.
Not later than March 31, 2022, and annually thereafter, the
Director of the Office of Overseas Schools of the Department of State
shall maintain and update a list of overseas schools receiving
assistance from the Office and detailing the extent to which each such
school provides special education and related services to children with
disabilities in accordance with part B of the Individuals with
Disabilities Education Act (20 U.S.C. 1411 et seq.). Each list required
under this section shall be posted on the public website of the Office
for access by members of the Foreign Service, Senior Foreign Service,
and their eligible family members.
SEC. 1327. IMPLEMENTATION OF GAP MEMORANDUM IN SELECTION BOARD PROCESS.
(a) In General.--Section 603 of the Foreign Service Act of 1980 (22
U.S.C. 4003) is amended by adding at the end the following new
subsection:
``(c)(1) A member of the Service or member of the Senior Foreign
Service whose performance will be evaluated by a selection board may
submit to such selection board a gap memo in advance of such
evaluation.
``(2) Members of a selection board may not consider as negative the
submission of a gap memo by a member described in paragraph (1) when
evaluating the performance of such member.
``(3) In this subsection, the term `gap memo' means a written
record, submitted to a selection board in a standard format established
by the Director General of the Foreign Service, which indicates and
explains a gap in the record of a member of the Service or member of
the Senior Foreign Service whose performance will be evaluated by such
selection board, which gap is due to personal circumstances, including
for health, family, or other reason as determined by the Director
General in consultation with the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign Relations of the
Senate.''.
(b) Consultation and Guidance.--
(1) Consultation.--Not later than 30 days after the date of
the enactment of this Act, the Director General of the Foreign
Service shall consult with the Committee on Foreign Affairs of
the House of Representatives and the Committee on Foreign
Relations of the Senate regarding the development of the gap
memo under subsection (c) of section 603 of the Foreign Service
Act of 1980, as added by subsection (a).
(2) Definition.--In this subsection, the term ``gap memo''
has the meaning given such term in subsection (c) of section
603 of the Foreign Service Act of 1980.
TITLE IV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION
SEC. 1401. DEFINITIONS.
In this title:
(1) Applicant flow data.--The term ``applicant flow data''
means data that tracks the rate of applications for job
positions among demographic categories.
(2) Demographic data.--The term ``demographic data'' means
facts or statistics relating to the demographic categories
specified in the Office of Management and Budget statistical
policy directive entitled ``Standards for Maintaining,
Collecting, and Presenting Federal Data on Race and Ethnicity''
(81 Fed. Reg. 67398).
(3) Diversity.--The term ``diversity'' means those classes
of persons protected under the Civil Rights Act of 1964 (42
U.S.C. 2000a et seq.) and the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.).
(4) Workforce.--The term ``workforce'' means--
(A) individuals serving in a position in the civil
service (as such term is defined in section 2101 of
title 5, United States Code);
(B) individuals who are members of the Foreign
Service (as such term defined in section 103 of the
Foreign Service Act of 1980 (22 U.S.C. 3902));
(C) all individuals serving under a personal
services contract;
(D) all individuals serving under a Foreign Service
limited appointment under section 309 of the Foreign
Service Act of 1980 (22 U.S.C. 3949); or
(E) individuals other than Locally Employed Staff
working in the Department of State under any other
authority.
SEC. 1402. COLLECTION, ANALYSIS, AND DISSEMINATION OF WORKFORCE DATA.
(a) Initial Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall, in consultation
with the Director of the Office of Personnel Management and the
Director of the Office of Management and Budget, submit to the
appropriate congressional committees a report, which shall also be
published on a publicly available website of the Department in a
searchable database format, that includes disaggregated demographic
data and other information regarding the diversity of the workforce of
the Department of State.
(b) Data.--The report under subsection (a) shall include the
following data to the maximum extent collection of such data is
permissible by law:
(1) Demographic data on each element of the workforce of
the Department of State, disaggregated by rank and grade or
grade-equivalent, with respect to the following groups:
(A) Applicants for positions in the Department.
(B) Individuals hired to join the workforce.
(C) Individuals promoted during the 5-year period
ending on the date of the enactment of this Act,
including promotions to and within the Senior Executive
Service or the Senior Foreign Service.
(D) Individuals serving during the 5-year period
ending on the date of the enactment of this Act as
special assistants in any of the offices of the
Secretary of State, the Deputy Secretary of State, the
Counselor of the Department of State, the Secretary's
Policy Planning Staff, the Under Secretary for Arms
Control and International Security, the Under Secretary
for Civilian Security, Democracy, and Human Rights, the
Under Secretary for Economic Growth, Energy, and the
Environment, the Undersecretary for Management, the
Undersecretary of State for Political Affairs, and the
Undersecretary for Public Diplomacy and Public Affairs.
(E) Individuals serving in the 5-year period ending
on the date of the enactment of this Act in each
bureau's front office.
(F) Individuals serving in the 5-year period ending
on the date of the enactment of this Act as detailees
to the National Security Council.
(G) Individuals serving on applicable selection
boards.
(H) Members of any external advisory committee or
board who are subject to appointment by individuals at
senior positions in the Department.
(I) Individuals participating in professional
development programs of the Department, and the extent
to which such participants have been placed into senior
positions within the Department after such
participation.
(J) Individuals participating in mentorship or
retention programs.
(K) Individuals who separated from the agency
during the 5-year period ending on the date of the
enactment of this Act, including individuals in the
Senior Executive Service or the Senior Foreign Service.
(2) An assessment of agency compliance with the essential
elements identified in Equal Employment Opportunity Commission
Management Directive 715, effective October 1, 2003.
(3) Data on the overall number of individuals who are part
of the workforce, the percentages of such workforce
corresponding to each element specified in section 1401(4), and
the percentages corresponding to each rank, grade, or grade-
equivalent.
(c) Recommendation.--The Secretary of State may include in the
report under subsection (a) a recommendation to the Director of Office
of Management and Budget and to the appropriate congressional
committees regarding whether the Department of State should be
permitted to collect more detailed data on demographic categories in
addition to the race and ethnicity categories specified in the Office
of Management and Budget statistical policy directive entitled
``Standards for Maintaining, Collecting, and Presenting Federal Data on
Race and Ethnicity'' (81 Fed. Reg. 67398), in order to comply with the
intent and requirements of this Act.
(d) Other Contents.--The report under subsection (a) shall also
describe and assess the effectiveness of the efforts of the Department
of State--
(1) to propagate fairness, impartiality, and inclusion in
the work environment, both domestically and abroad;
(2) to enforce anti-harassment and anti-discrimination
policies, both domestically and at posts overseas;
(3) to refrain from engaging in unlawful discrimination in
any phase of the employment process, including recruitment,
hiring, evaluation, assignments, promotion, retention, and
training;
(4) to prevent retaliation against employees for
participating in a protected equal employment opportunity
activity or for reporting sexual harassment or sexual assault;
(5) to provide reasonable accommodation for qualified
employees and applicants with disabilities; and
(6) to recruit a representative workforce by--
(A) recruiting women, persons with disabilities,
and minorities;
(B) recruiting at women's colleges, historically
Black colleges and universities, minority-serving
institutions, and other institutions serving a
significant percentage of minority students;
(C) placing job advertisements in newspapers,
magazines, and job sites oriented toward women and
minorities;
(D) sponsoring and recruiting at job fairs in urban
and rural communities and land-grant colleges or
universities;
(E) providing opportunities through the Foreign
Service Internship Program under chapter 12 of the
Foreign Service Act of 1980 (22 U.S.C. 4141 et seq.)
and other hiring initiatives;
(F) recruiting mid-level and senior-level
professionals through programs designed to increase
representation in international affairs of people
belonging to traditionally under-represented groups;
(G) offering the Foreign Service written and oral
assessment examinations in several locations throughout
the United States to reduce the burden of applicants
having to travel at their own expense to take either or
both such examinations;
(H) expanding the use of paid internships; and
(I) supporting recruiting and hiring opportunities
through--
(i) the Charles B. Rangel International
Affairs Fellowship Program;
(ii) the Thomas R. Pickering Foreign
Affairs Fellowship Program; and
(iii) other initiatives, including agency-
wide policy initiatives.
(e) Annual Updates.--Not later than one year after the publication
of the report required under subsection (a) and annually thereafter for
the following five years, the Secretary of State shall work with the
Director of the Office of Personnel Management and the Director of the
Office of Management and Budget to provide a report to the appropriate
congressional committees, which shall be posted on the Department's
website, which may be included in another annual report required under
another provision of law, that includes--
(1) disaggregated demographic data, to the maximum extent
collection of such data is permissible by law, relating to the
workforce and information on the status of diversity and
inclusion efforts of the Department;
(2) an analysis of applicant flow data, to the maximum
extent collection of such data is permissible by law,; and
(3) disaggregated demographic data relating to participants
in professional development programs of the Department and the
rate of placement into senior positions for participants in
such programs.
SEC. 1403. EXIT INTERVIEWS FOR WORKFORCE.
(a) Retained Members.--The Director General of the Foreign Service
and the Director of the Bureau of Human Resources or its equivalent
shall conduct periodic interviews with a representative and diverse
cross-section of the workforce of the Department of State--
(1) to understand the reasons of individuals in such
workforce for remaining in a position in the Department; and
(2) to receive feedback on workplace policies, professional
development opportunities, and other issues affecting the
decision of individuals in the workforce to remain in the
Department.
(b) Departing Members.--The Director General of the Foreign Service
and the Director of the Bureau of Human Resources or its equivalent
shall provide an opportunity for an exit interview to each individual
in the workforce of the Department of State who separates from service
with the Department to better understand the reasons of such individual
for leaving such service.
(c) Use of Analysis From Interviews.--The Director General of the
Foreign Service and the Director of the Bureau of Human Resources or
its equivalent shall analyze demographic data and other information
obtained through interviews under subsections (a) and (b) to
determine--
(1) to what extent, if any, the diversity of those
participating in such interviews impacts the results; and
(2) whether to implement any policy changes or include any
recommendations in a report required under subsection (a) or
(e) of section 1402 relating to the determination reached
pursuant to paragraph (1).
(d) Tracking Data.--The Department of State shall--
(1) track demographic data relating to participants in
professional development programs and the rate of placement
into senior positions for participants in such programs;
(2) annually evaluate such data--
(A) to identify ways to improve outreach and
recruitment for such programs, consistent with merit
system principles; and
(B) to understand the extent to which participation
in any professional development program offered or
sponsored by the Department differs among the
demographic categories of the workforce; and
(3) actively encourage participation from a range of
demographic categories, especially from categories with
consistently low participation, in such professional
development programs.
SEC. 1404. RECRUITMENT AND RETENTION.
(a) In General.--The Secretary of State shall--
(1) continue to seek a diverse and talented pool of
applicants; and
(2) instruct the Director General of the Foreign Service
and the Director of the Bureau of Human Resources of the
Department of State to have a recruitment plan of action for
the recruitment of people belonging to traditionally under-
represented groups, which should include outreach at
appropriate colleges, universities, affinity groups, and
professional associations.
(b) Scope.--The diversity recruitment initiatives described in
subsection (a) shall include--
(1) recruiting at women's colleges, historically Black
colleges and universities, minority-serving institutions, and
other institutions serving a significant percentage of minority
students;
(2) placing job advertisements in newspapers, magazines,
and job sites oriented toward diverse groups;
(3) sponsoring and recruiting at job fairs in urban and
rural communities and land-grant colleges or universities;
(4) providing opportunities through highly respected,
international leadership programs, that focus on diversity
recruitment and retention;
(5) expanding the use of paid internships; and
(6) cultivating partnerships with organizations dedicated
to the advancement of the profession of international affairs
and national security to advance shared diversity goals.
(c) Expand Training on Anti-harassment and Anti-discrimination.--
(1) In general.--The Secretary of State shall, through the
Foreign Service Institute and other educational and training
opportunities--
(A) ensure the provision to all individuals in the
workforce of training on anti-harassment and anti-
discrimination information and policies, including in
existing Foreign Service Institute courses or modules
prioritized in the Department of State's Diversity and
Inclusion Strategic Plan for 2016-2020 to promote
diversity in Bureau awards or mitigate unconscious
bias;
(B) expand the provision of training on workplace
rights and responsibilities to focus on anti-harassment
and anti-discrimination information and policies,
including policies relating to sexual assault
prevention and response; and
(C) make such expanded training mandatory for--
(i) individuals in senior and supervisory
positions;
(ii) individuals having responsibilities
related to recruitment, retention, or promotion
of employees; and
(iii) any other individual determined by
the Department who needs such training based on
analysis by the Department or OPM analysis.
(2) Best practices.--The Department of State shall give
special attention to ensuring the continuous incorporation of
research-based best practices in training provided under this
subsection.
SEC. 1405. PROMOTING DIVERSITY AND INCLUSION IN THE NATIONAL SECURITY
WORKFORCE.
(a) In General.--The Secretary of State shall ensure that
individuals in senior and supervisory positions of the Department of
State, or Department individuals having responsibilities related to
recruitment, retention, or promotion of employees, should have a
demonstrated commitment to equal opportunity, diversity, and inclusion.
(b) Consideration.--In making any recommendations on nominations,
conducting interviews, identifying or selecting candidates, or
appointing acting individuals for positions equivalent to an Assistant
Secretary or above, the Secretary of State shall use best efforts to
consider at least one individual reflective of diversity.
(c) Establishment.--
(1) In general.--The Secretary of State shall establish a
mechanism to ensure that appointments or details of Department
of State employees to staff positions in the Offices of the
Secretary, the Deputy Secretary, the Counselor of the
Department, the Secretary's Policy Planning Staff, or any of
the Undersecretaries of State, and details to the National
Security Council, are transparent, competitive, equitable, and
inclusive, and made without regard to an individual's race,
color, religion, sex (including pregnancy, transgender status,
or sexual orientation), national origin, age (if 40 or older),
disability, or genetic information.
(2) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report regarding the
mechanism required under paragraph (1).
(d) Availability.--The Secretary of State shall use best efforts to
consider at least one individual reflective of diversity for the staff
positions specified in subsection (c)(1) and ensure such positions are
equitably available to employees of the civil service and Foreign
Service.
SEC. 1406. LEADERSHIP ENGAGEMENT AND ACCOUNTABILITY.
(a) Reward and Recognize Efforts to Promote Diversity and
Inclusion.--
(1) In general.--The Secretary of State shall implement
performance and advancement requirements that reward and
recognize the efforts of individuals in senior positions and
supervisors in the Department of State in fostering an
inclusive environment and cultivating talent consistent with
merit system principles, such as through participation in
mentoring programs or sponsorship initiatives, recruitment
events, and other similar opportunities.
(2) Outreach events.--The Secretary of State shall create
opportunities for individuals in senior positions and
supervisors in the Department of State to participate in
outreach events and to discuss issues relating to diversity and
inclusion with the workforce on a regular basis, including with
employee resource groups.
(b) External Advisory Committees and Boards.--For each external
advisory committee or board to which individuals in senior positions in
the Department of State appoint members, the Secretary of State is
strongly encouraged by Congress to ensure such external advisory
committee or board is developed, reviewed, and carried out by qualified
teams that represent the diversity of the organization.
SEC. 1407. PROFESSIONAL DEVELOPMENT OPPORTUNITIES AND TOOLS.
(a) Expand Provision of Professional Development and Career
Advancement Opportunities.--
(1) In general.--The Secretary of State is authorized to
expand professional development opportunities that support the
mission needs of the Department of State, such as--
(A) academic programs;
(B) private-public exchanges; and
(C) detail assignments to relevant positions in--
(i) private or international organizations;
(ii) State, local, and Tribal governments;
(iii) other branches of the Federal
Government; or
(iv) professional schools of international
affairs.
(2) Training for senior positions.--
(A) In general.--The Secretary of State shall
offer, or sponsor members of the workforce to
participate in, a Senior Executive Service candidate
development program or other program that trains
members on the skills required for appointment to
senior positions in the Department of State.
(B) Requirements.--In determining which members of
the workforce are granted professional development or
career advancement opportunities under subparagraph
(A), the Secretary of State shall--
(i) ensure any program offered or sponsored
by the Department of State under such
subparagraph comports with the requirements of
subpart C of part 412 of title 5, Code of
Federal Regulations, or any successor thereto,
including merit staffing and assessment
requirements;
(ii) consider the number of expected
vacancies in senior positions as a factor in
determining the number of candidates to select
for such programs;
(iii) understand how participation in any
program offered or sponsored by the Department
under such subparagraph differs by gender,
race, national origin, disability status, or
other demographic categories; and
(iv) actively encourage participation from
a range of demographic categories, especially
from categories with consistently low
participation.
SEC. 1408. EXAMINATION AND ORAL ASSESSMENT FOR THE FOREIGN SERVICE.
(a) Sense of Congress.--It is the sense of Congress that the
Department of State should offer both the Foreign Service written
examination and oral assessment in more locations throughout the United
States. Doing so would ease the financial burden on potential
candidates who do not currently reside in and must travel at their own
expense to one of the few locations where these assessments are
offered.
(b) Foreign Service Examinations.--Section 301(b) of the Foreign
Service Act of 1980 (22 U.S.C. 3941) is amended--
(1) by striking ``The Secretary'' and inserting: ``(1) The
Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary shall ensure that the Board of Examiners for
the Foreign Service annually offers the oral assessment examinations
described in paragraph (1) in cities, chosen on a rotating basis,
located in at least three different time zones across the United
States.''.
SEC. 1409. PAYNE FELLOWSHIP AUTHORIZATION.
(a) In General.--Undergraduate and graduate components of the
Donald M. Payne International Development Fellowship Program may
conduct outreach to attract outstanding students with an interest in
pursuing a Foreign Service career who represent diverse ethnic and
socioeconomic backgrounds.
(b) Review of Past Programs.--The Secretary of State shall review
past programs designed to increase minority representation in
international affairs positions.
SEC. 1410. VOLUNTARY PARTICIPATION.
(a) In General.--Nothing in this title should be construed so as to
compel any employee to participate in the collection of the data or
divulge any personal information. Department of State employees shall
be informed that their participation in the data collection
contemplated by this title is voluntary.
(b) Privacy Protection.--Any data collected under this title shall
be subject to the relevant privacy protection statutes and regulations
applicable to Federal employees.
TITLE V--INFORMATION SECURITY
SEC. 1501. DEFINITIONS.
In this title:
(1) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
(2) Relevant congressional committees.--The term ``relevant
congressional committees'' means--
(A) the appropriate congressional committees;
(B) the Select Committee on Intelligence of the
Senate; and
(C) the Permanent Select Committee on Intelligence
of the House of Representatives.
SEC. 1502. LIST OF CERTAIN TELECOMMUNICATIONS PROVIDERS.
(a) List of Covered Contractors.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of State, in
consultation with the Director of National Intelligence, shall develop
or maintain, as the case may be, and update as frequently as the
Secretary determines appropriate, a list of covered contractors with
respect to which the Department should seek to avoid entering into
contracts. Not later than 30 days after the initial development of the
list under this subsection, any update thereto, and annually thereafter
for five years after such initial 30 day period, the Secretary shall
submit to the appropriate congressional committees a copy of such list.
(b) Covered Contractor Defined.--In this section, the term
``covered contractor'' means a provider of telecommunications,
telecommunications equipment, or information technology equipment,
including hardware, software, or services, that has knowingly assisted
or facilitated a cyber attack or conducted surveillance, including
passive or active monitoring, carried out against--
(1) the United States by, or on behalf of, any government,
or persons associated with such government, listed as a cyber
threat actor in the intelligence community's 2017 assessment of
worldwide threats to United States national security or any
subsequent worldwide threat assessment of the intelligence
community; or
(2) individuals, including activists, journalists,
opposition politicians, or other individuals for the purposes
of suppressing dissent or intimidating critics, on behalf of a
country included in the annual country reports on human rights
practices of the Department for systematic acts of political
repression, including arbitrary arrest or detention, torture,
extrajudicial or politically motivated killing, or other gross
violations of human rights.
SEC. 1503. PRESERVING RECORDS OF ELECTRONIC COMMUNICATIONS CONDUCTED
RELATED TO OFFICIAL DUTIES OF POSITIONS IN THE PUBLIC
TRUST OF THE AMERICAN PEOPLE.
(a) Sense of Congress.--It is the sense of Congress that all
officers and employees of the Department and the United States Agency
for International Development are obligated under chapter 31 of title
44, United States Code (popularly referred to as the Federal Records
Act of 1950), to create and preserve records containing adequate and
proper documentation of the organization, functions, policies,
decisions, procedures, and essential transactions or operations of the
Department and United States embassies, consulates, and missions
abroad, including records of official communications with foreign
government officials or other foreign entities.
(b) Certification.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a certification in unclassified form that
Secretary has communicated to all Department personnel, including the
Secretary of State and all political appointees, that such personnel
are obligated under chapter 31 of title 44, United States Code, to
treat electronic messaging systems, software, and applications as
equivalent to electronic mail for the purpose of identifying Federal
records.
SEC. 1504. FOREIGN RELATIONS OF THE UNITED STATES (FRUS) SERIES AND
DECLASSIFICATION.
The State Department Basic Authorities Act of 1956 is amended--
(1) in section 402(a)(2) (22 U.S.C. 4352(a)(2)), by
striking ``26'' and inserting ``20''; and
(2) in section 404 (22 U.S.C. 4354)--
(A) in subsection (a)(1), by striking ``30''and
inserting ``25''; and
(B) in subsection (c)(1)(C), by striking ``30'' and
inserting ``25''.
SEC. 1505. VULNERABILITY DISCLOSURE POLICY AND BUG BOUNTY PILOT
PROGRAM.
(a) Definitions.--In this section:
(1) Bug bounty program.--The term ``bug bounty program''
means a program under which an approved individual,
organization, or company is temporarily authorized to identify
and report vulnerabilities of internet-facing information
technology of the Department of State in exchange for
compensation.
(2) Information technology.--The term ``information
technology'' has the meaning given such term in section 11101
of title 40, United States Code.
(b) Vulnerability Disclosure Process.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall design,
establish, and make publicly known a Vulnerability Disclosure
Process (VDP) to improve Department of State cybersecurity by--
(A) providing security researchers with clear
guidelines for--
(i) conducting vulnerability discovery
activities directed at Department information
technology; and
(ii) submitting discovered security
vulnerabilities to the Department; and
(B) creating Department procedures and
infrastructure to receive and fix discovered
vulnerabilities.
(2) Requirements.--In establishing the VDP pursuant to
paragraph (1), the Secretary of State shall--
(A) identify which Department of State information
technology should be included in the process;
(B) determine whether the process should
differentiate among and specify the types of security
vulnerabilities that may be targeted;
(C) provide a readily available means of reporting
discovered security vulnerabilities and the form in
which such vulnerabilities should be reported;
(D) identify which Department offices and positions
will be responsible for receiving, prioritizing, and
addressing security vulnerability disclosure reports;
(E) consult with the Attorney General regarding how
to ensure that individuals, organizations, and
companies that comply with the requirements of the
process are protected from prosecution under section
1030 of title 18, United States Code, and similar
provisions of law for specific activities authorized
under the process;
(F) consult with the relevant offices at the
Department of Defense that were responsible for
launching the 2016 Vulnerability Disclosure Program,
``Hack the Pentagon'', and subsequent Department of
Defense bug bounty programs;
(G) engage qualified interested persons, including
nongovernmental sector representatives, about the
structure of the process as constructive and to the
extent practicable; and
(H) award contracts to entities, as necessary, to
manage the process and implement the remediation of
discovered security vulnerabilities.
(3) Annual reports.--Not later than 180 days after the
establishment of the VDP under paragraph (1) and annually
thereafter for the next five years, the Secretary of State
shall submit to the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign Relations of
the Senate a report on the VDP, including information relating
to the following:
(A) The number and severity of all security
vulnerabilities reported.
(B) The number of previously unidentified security
vulnerabilities remediated as a result.
(C) The current number of outstanding previously
unidentified security vulnerabilities and Department of
State remediation plans.
(D) The average length of time between the
reporting of security vulnerabilities and remediation
of such vulnerabilities.
(E) The resources, surge staffing, roles, and
responsibilities within the Department used to
implement the VDP and complete security vulnerability
remediation.
(F) Any other information the Secretary determines
relevant.
(c) Bug Bounty Pilot Program.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of State shall
establish a bug bounty pilot program to minimize security
vulnerabilities of internet-facing information technology of
the Department of State.
(2) Requirements.--In establishing the pilot program
described in paragraph (1), the Secretary of State shall--
(A) provide compensation for reports of previously
unidentified security vulnerabilities within the
websites, applications, and other internet-facing
information technology of the Department of State that
are accessible to the public;
(B) award contracts to entities, as necessary, to
manage such pilot program and for executing the
remediation of security vulnerabilities identified
pursuant to subparagraph (A);
(C) identify which Department of State information
technology should be included in such pilot program;
(D) consult with the Attorney General on how to
ensure that individuals, organizations, or companies
that comply with the requirements of such pilot program
are protected from prosecution under section 1030 of
title 18, United States Code, and similar provisions of
law for specific activities authorized under such pilot
program;
(E) consult with the relevant offices at the
Department of Defense that were responsible for
launching the 2016 ``Hack the Pentagon'' pilot program
and subsequent Department of Defense bug bounty
programs;
(F) develop a process by which an approved
individual, organization, or company can register with
the entity referred to in subparagraph (B), submit to a
background check as determined by the Department of
State, and receive a determination as to eligibility
for participation in such pilot program;
(G) engage qualified interested persons, including
nongovernmental sector representatives, about the
structure of such pilot program as constructive and to
the extent practicable; and
(H) consult with relevant United States Government
officials to ensure that such pilot program complements
persistent network and vulnerability scans of the
Department of State's internet-accessible systems, such
as the scans conducted pursuant to Binding Operational
Directive BOD-19-02 or successor directive.
(3) Duration.--The pilot program established under
paragraph (1) should be short-term in duration and not last
longer than one year.
(4) Report.--Not later than 180 days after the date on
which the bug bounty pilot program under subsection (a) is
completed, the Secretary of State 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 such pilot
program, including information relating to--
(A) the number of approved individuals,
organizations, or companies involved in such pilot
program, broken down by the number of approved
individuals, organizations, or companies that--
(i) registered;
(ii) were approved;
(iii) submitted security vulnerabilities;
and
(iv) received compensation;
(B) the number and severity of all security
vulnerabilities reported as part of such pilot program;
(C) the number of previously unidentified security
vulnerabilities remediated as a result of such pilot
program;
(D) the current number of outstanding previously
unidentified security vulnerabilities and Department
remediation plans;
(E) the average length of time between the
reporting of security vulnerabilities and remediation
of such vulnerabilities;
(F) the types of compensation provided under such
pilot program; and
(G) the lessons learned from such pilot program.
(d) Use of Funds.--Compensation offered by the Department subject
to this section shall be funded by amounts appropriated pursuant to--
(1) the authorization of appropriations under section 1001;
and
(2) any other Act.
TITLE VI--PUBLIC DIPLOMACY
SEC. 1601. SHORT TITLE.
This title may be cited as the ``Public Diplomacy Modernization Act
of 2021''.
SEC. 1602. AVOIDING DUPLICATION OF PROGRAMS AND EFFORTS.
The Secretary of State shall--
(1) identify opportunities for greater efficiency of
operations, including through improved coordination of efforts
across public diplomacy bureaus and offices of the Department
of State; and
(2) maximize shared use of resources between, and within,
such public diplomacy bureaus and offices in cases in which
programs, facilities, or administrative functions are
duplicative or substantially overlapping.
SEC. 1603. IMPROVING RESEARCH AND EVALUATION OF PUBLIC DIPLOMACY.
(a) Research and Evaluation Activities.--The Secretary of State,
acting through the Director of Research and Evaluation appointed
pursuant to subsection (b), shall--
(1) conduct regular research and evaluation of public
diplomacy programs and activities of the Department, including
through the routine use of audience research, digital
analytics, and impact evaluations, to plan and execute such
programs and activities; and
(2) make available to Congress the findings of the research
and evaluations conducted under paragraph (1).
(b) Director of Research and Evaluation.--
(1) Appointment.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall appoint
a Director of Research and Evaluation (referred to in this
subsection as the ``Director'') in the Office of Policy,
Planning, and Resources for Public Diplomacy and Public Affairs
of the Department.
(2) Limitation on appointment.--The appointment of the
Director pursuant to paragraph (1) shall not result in an
increase in the overall full-time equivalent positions within
the Department of State.
(3) Responsibilities.--The Director shall--
(A) coordinate and oversee the research and
evaluation of public diplomacy programs and activities
of the Department of State in order to--
(i) improve public diplomacy strategies and
tactics; and
(ii) ensure that such programs and
activities are increasing the knowledge,
understanding, and trust of the United States
by relevant target audiences;
(B) routinely organize and oversee audience
research, digital analytics, and impact evaluations
across all public diplomacy bureaus and offices of the
Department;
(C) support United States diplomatic posts' public
affairs sections;
(D) share appropriate public diplomacy research and
evaluation information within the Department and with
other appropriate Federal departments and agencies;
(E) regularly design and coordinate standardized
research questions, methodologies, and procedures to
ensure that public diplomacy programs and activities
across all public diplomacy bureaus and offices are
designed to meet appropriate foreign policy objectives;
and
(F) report biannually to the United States Advisory
Commission on Public Diplomacy, through the
Subcommittee on Research and Evaluation established
pursuant to subsection (f), regarding the research and
evaluation of all public diplomacy bureaus and offices.
(4) Guidance and training.--Not later than one year after
the appointment of the Director pursuant to paragraph (1), the
Director shall develop guidance and training, including
curriculum for use by the Foreign Service Institute, for all
public diplomacy officers of the Department regarding the
reading and interpretation of public diplomacy program and
activity evaluation findings to ensure that such findings and
related lessons learned are implemented in the planning and
evaluation of all public diplomacy programs and activities of
the Department.
(c) Prioritizing Research and Evaluation.--
(1) In general.--The head of the Office of Policy,
Planning, and Resources for Public Diplomacy and Public Affairs
of the Department of State shall ensure that research and
evaluation of public diplomacy and activities of the
Department, as coordinated and overseen by the Director
pursuant to subsection (b), supports strategic planning and
resource allocation across all public diplomacy bureaus and
offices of the Department.
(2) Allocation of resources.--Amounts allocated for the
purpose of research and evaluation of public diplomacy programs
and activities of the Department of State pursuant to
subsection (b) shall be made available to be disbursed at the
direction of the Director of Research and Evaluation among the
research and evaluation staff across all public diplomacy
bureaus and offices of the Department.
(3) Sense of congress.--It is the sense of Congress that
the Department of State should gradually increase its
allocation of funds made available under the headings
``Educational and Cultural Exchange Programs'' and ``Diplomatic
Programs'' for research and evaluation of public diplomacy
programs and activities of the Department pursuant to
subsection (b) to a percentage of program funds that is
commensurate with Federal Government best practices.
(d) Limited Exemption Relating to the Paperwork Reduction Act.--
Chapter 35 of title 44, United States Code (commonly known as the
``Paperwork Reduction Act'') shall not apply to the collection of
information directed at any individuals conducted by, or on behalf of,
the Department of State for the purpose of audience research,
monitoring, and evaluations, and in connection with the Department's
activities conducted pursuant to any of the following:
(1) The Mutual Educational and Cultural Exchange Act of
1961 (22 U.S.C. 2451 et seq.).
(2) Section 1287 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 22 U.S.C. 2656 note).
(3) The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.).
(e) Limited Exemption Relating to the Privacy Act.--
(1) In general.--The Department of State shall maintain,
collect, use, and disseminate records (as such term is defined
in section 552a(a)(4) of title 5, United States Code) for
audience research, digital analytics, and impact evaluation of
communications related to public diplomacy efforts intended for
foreign audiences.
(2) Conditions.--Audience research, digital analytics, and
impact evaluations under paragraph (1) shall be--
(A) reasonably tailored to meet the purposes of
this subsection; and
(B) carried out with due regard for privacy and
civil liberties guidance and oversight.
(f) United States Advisory Commission on Public Diplomacy.--
(1) Subcommittee for research and evaluation.--The United
States Advisory Commission on Public Diplomacy shall establish
a Subcommittee on Research and Evaluation to monitor and advise
regarding audience research, digital analytics, and impact
evaluations carried out by the Department of State and the
United States Agency for Global Media.
(2) Annual report.--The Subcommittee on Research and
Evaluation established pursuant to paragraph (1) shall submit
to the appropriate congressional committees an annual report,
in conjunction with the United States Advisory Commission on
Public Diplomacy's Comprehensive Annual Report on the
performance of the Department and the United States Agency for
Global Media, describing all actions taken by the Subcommittee
pursuant to paragraph (1) and any findings made as a result of
such actions.
SEC. 1604. PERMANENT REAUTHORIZATION OF THE 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--
(1) in the section heading, by striking ``sunset'' and
inserting ``continuation''; and
(2) by striking ``until October 1, 2021''.
(b) Clerical Amendment.--The table of contents in section 1002(b)
of the Foreign Affairs Reform and Restructuring Act of 1998 is amended
by amending the item relating to section 1334 to read as follows:
``Sec. 1334. Continuation of United States Advisory Commission on
Public Diplomacy.''.
SEC. 1605. STREAMLINING OF SUPPORT FUNCTIONS.
(a) Working Group Established.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of State shall
establish a working group to explore the possibilities and cost-benefit
analysis of transitioning to a shared services model as such pertains
to human resources, travel, purchasing, budgetary planning, and all
other executive support functions for all bureaus of the Department
that report to the Under Secretary for Public Diplomacy of the
Department.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a plan to implement any such
findings of the working group established under subsection (a).
SEC. 1606. GUIDANCE FOR CLOSURE OF PUBLIC DIPLOMACY FACILITIES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall adopt, and include
in the Foreign Affairs Manual, guidelines to collect and utilize
information from each diplomatic post at which the construction of a
new embassy compound or new consulate compound would result in the
closure or co-location of an American Space, American Center, American
Corner, or any other public diplomacy facility under the Secure Embassy
Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 et seq.).
(b) Requirements.--The guidelines required by subsection (a) shall
include the following:
(1) Standardized notification to each chief of mission at a
diplomatic post describing the requirements of the Secure
Embassy Construction and Counterterrorism Act of 1999 and the
impact on the mission footprint of such requirements.
(2) An assessment and recommendations from each chief of
mission of potential impacts to public diplomacy programming at
such diplomatic post if any public diplomacy facility referred
to in subsection (a) is closed or staff is co-located in
accordance with such Act.
(3) A process by which assessments and recommendations
under paragraph (2) are considered by the Secretary of State
and the appropriate Under Secretaries and Assistant Secretaries
of the Department.
(4) Notification to the appropriate congressional
committees, prior to the initiation of a new embassy compound
or new consulate compound design, of the intent to close any
such public diplomacy facility or co-locate public diplomacy
staff in accordance with such Act.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a report containing the guidelines
required under subsection (a) and any recommendations for any
modifications to such guidelines.
SEC. 1607. DEFINITIONS.
In this title:
(1) Audience research.--The term ``audience research''
means research conducted at the outset of a public diplomacy
program or the outset of campaign planning and design regarding
specific audience segments to understand the attitudes,
interests, knowledge, and behaviors of such audience segments.
(2) Digital analytics.--The term ``digital analytics''
means the analysis of qualitative and quantitative data,
accumulated in digital format, to indicate the outputs and
outcomes of a public diplomacy program or campaign.
(3) Impact evaluation.--The term ``impact evaluation''
means an assessment of the changes in the audience targeted by
a public diplomacy program or campaign that can be attributed
to such program or campaign.
(4) Public diplomacy bureaus and offices.--The term
``public diplomacy bureaus and offices'' means, with respect to
the Department, the following:
(A) The Bureau of Educational and Cultural Affairs.
(B) The Bureau of Global Public Affairs.
(C) The Office of Policy, Planning, and Resources
for Public Diplomacy and Public Affairs.
(D) The Global Engagement Center.
(E) The public diplomacy functions within the
regional and functional bureaus.
TITLE VII--COMBATING PUBLIC CORRUPTION
SEC. 1701. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) it is in the foreign policy interest of the United
States to help foreign countries promote good governance and
combat public corruption;
(2) multiple Federal departments and agencies operate
programs that promote good governance in foreign countries and
enhance such countries' ability to combat public corruption;
and
(3) the Department of State should--
(A) promote coordination among the Federal
departments and agencies implementing programs to
promote good governance and combat public corruption in
foreign countries in order to improve effectiveness and
efficiency; and
(B) identify areas in which United States efforts
to help other countries promote good governance and
combat public corruption could be enhanced.
SEC. 1702. ANNUAL ASSESSMENT.
(a) In General.--For each of fiscal years 2022 through 2027, the
Secretary of State shall assess the capacity and commitment of foreign
governments to which the United States provides foreign assistance
under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or
the Arms Export Control Act (22 U.S.C. 2751 et seq.) to combat public
corruption. Each such assessment shall--
(1) utilize independent, third party indicators that
measure transparency, accountability, and corruption in the
public sector in such countries, including the extent to which
public power is exercised for private gain, to identify those
countries that are most vulnerable to public corruption;
(2) consider, to the extent reliable information is
available, whether the government of a country identified under
paragraph (1)--
(A) has adopted measures to prevent public
corruption, such as measures to inform and educate the
public, including potential victims, about the causes
and consequences of public corruption;
(B) has enacted laws and established government
structures, policies, and practices that prohibit
public corruption;
(C) enforces such laws through a fair judicial
process;
(D) vigorously investigates, prosecutes, convicts,
and sentences public officials who participate in or
facilitate public corruption, including nationals of
such country who are deployed in foreign military
assignments, trade delegations abroad, or other similar
missions who engage in or facilitate public corruption;
(E) prescribes appropriate punishment for serious
and significant corruption that is commensurate with
the punishment prescribed for serious crimes;
(F) prescribes appropriate punishment for
significant corruption that provides a sufficiently
stringent deterrent and adequately reflects the nature
of the offense;
(G) convicts and sentences persons responsible for
such acts that take place wholly or partly within the
country of such government, including, as appropriate,
requiring the incarceration of individuals convicted of
such acts;
(H) holds private sector representatives
accountable for their role in public corruption; and
(I) addresses threats for civil society to monitor
anti-corruption efforts;
(3) further consider--
(A) verifiable measures taken by the government of
a country identified under paragraph (1) to prohibit
government officials from participating in,
facilitating, or condoning public corruption, including
the investigation, prosecution, and conviction of such
officials;
(B) the extent to which such government provides
access, or, as appropriate, makes adequate resources
available, to civil society organizations and other
institutions to combat public corruption, including
reporting, investigating, and monitoring;
(C) the extent to which an independent judiciary or
judicial body in such country is responsible for, and
effectively capable of, deciding public corruption
cases impartially, on the basis of facts and in
accordance with law, without any improper restrictions,
influences, inducements, pressures, threats, or
interferences, whether direct or indirect, from any
source or for any reason;
(D) the extent to which such government cooperates
meaningfully with the United States to strengthen
government and judicial institutions and the rule of
law to prevent, prohibit, and punish public corruption;
and
(E) the extent to which such government--
(i) is assisting in international
investigations of transnational public
corruption networks and in other cooperative
efforts to combat serious, significant
corruption, including cooperating with the
governments of other countries to extradite
corrupt actors;
(ii) recognizes the rights of victims of
public corruption, ensures their access to
justice, and takes steps to prevent such
victims from being further victimized or
persecuted by corrupt actors, government
officials, or others; and
(iii) refrains from prosecuting legitimate
victims of public corruption or whistleblowers
due to such persons having assisted in exposing
public corruption, and refrains from other
discriminatory treatment of such persons; and
(4) contain such other information relating to public
corruption as the Secretary of State considers appropriate.
(b) Identification.--After conducting each assessment under
subsection (a), the Secretary of State shall identify, of the countries
described in subsection (a)(1)--
(1) which countries are meeting minimum standards to combat
public corruption;
(2) which countries are not meeting such minimum standards
but are making significant efforts to do so; and
(3) which countries are not meeting such minimum standards
and are not making significant efforts to do so.
(c) Report.--Except as provided in subsection (d), not later than
180 days after the date of the enactment of this Act and annually
thereafter through fiscal year 2027, the Secretary of State shall
submit to the appropriate congressional committees, the Committee on
Appropriations of the House of Representatives, and the Committee on
Appropriations of the Senate a report, and make such report publicly
available, that--
(1) identifies the countries described in subsection (a)(1)
and paragraphs (2) and (3) of subsection (b);
(2) describes the methodology and data utilized in the
assessments under subsection (a); and
(3) identifies the reasons for the identifications referred
to in paragraph (1).
(d) Briefing in Lieu of Report.--The Secretary of State may waive
the requirement to submit and make publicly available a written report
under subsection (c) if the Secretary--
(1) determines that publication of such report would--
(A) undermine existing United States anti-
corruption efforts in one or more countries; or
(B) threaten the national interests of the United
States; and
(2) provides to the appropriate congressional committees a
briefing that--
(A) identifies the countries described in
subsection (a)(1) and paragraphs (2) and (3) of
subsection (b);
(B) describes the methodology and data utilized in
the assessment under subsection (a); and
(C) identifies the reasons for the identifications
referred to in subparagraph (A).
SEC. 1703. TRANSPARENCY AND ACCOUNTABILITY.
For each country identified under paragraphs (2) and (3) of section
1702(b), the Secretary of State, in coordination with the Administrator
of the United States Agency for International Development, as
appropriate, shall--
(1) ensure that a corruption risk assessment and mitigation
strategy is included in the integrated country strategy for
such country; and
(2) utilize appropriate mechanisms to combat corruption in
such countries, including by ensuring--
(A) the inclusion of anti-corruption clauses in
contracts, grants, and cooperative agreements entered
into by the Department of State or the United States
Agency for International Development for or in such
countries, which allow for the termination of such
contracts, grants, or cooperative agreements, as the
case may be, without penalty if credible indicators of
public corruption are discovered;
(B) the inclusion of appropriate clawback or
flowdown clauses within the procurement instruments of
the Department of State and the United States Agency
for International Development that provide for the
recovery of funds misappropriated through corruption;
(C) the appropriate disclosure to the United States
Government, in confidential form, if necessary, of the
beneficial ownership of contractors, subcontractors,
grantees, cooperative agreement participants, and other
organizations implementing programs on behalf of the
Department of State or the United States Agency for
International Development; and
(D) the establishment of mechanisms for
investigating allegations of misappropriated resources
and equipment.
SEC. 1704. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF CONTACT.
(a) In General.--The Secretary of State shall annually designate an
anti-corruption point of contact at the United States diplomatic post
to each country identified under paragraphs (2) and (3) of section
1702(b), or which the Secretary otherwise determines is in need of such
a point of contact. The point of contact shall be the chief of mission
or the chief of mission's designee.
(b) Responsibilities.--Each anti-corruption point of contact
designated under subsection (a) shall be responsible for coordinating
and overseeing the implementation of a whole-of-government approach
among the relevant Federal departments and agencies operating programs
that--
(1) promote good governance in foreign countries; and
(2) enhance the ability of such countries to--
(A) combat public corruption; and
(B) develop and implement corruption risk
assessment tools and mitigation strategies.
(c) Training.--The Secretary of State shall implement appropriate
training for anti-corruption points of contact designated under
subsection (a).
TITLE VIII--OTHER MATTERS
SEC. 1801. CASE-ZABLOCKI ACT REFORM.
Section 112b of title 1, United States Code, is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``sixty''
and inserting ``30''; and
(B) in the second sentence, by striking ``Committee
on International Relations'' and inserting ``Committee
on Foreign Affairs''; and
(2) by amending subsection (b) to read as follows:
``(b) Each department or agency of the United States Government
that enters into any international agreement described in subsection
(a) on behalf of the United States, shall designate a Chief
International Agreements Officer, who--
``(1) shall be a current employee of such department or
agency;
``(2) shall serve concurrently as Chief International
Agreements Officer; and
``(3) subject to the authority of the head of such
department or agency, shall have department or agency-wide
responsibility for efficient and appropriate compliance with
subsection (a) to transmit the text of any international
agreement to the Department of State expeditiously after such
agreement has been signed.''.
SEC. 1802. LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT.
Section 620(q) of the Foreign Assistance Act of 1961 (22 U.S.C.
2370(q)) is amended--
(1) by striking ``No assistance'' and inserting the
following ``(1) No assistance'';
(2) by inserting ``the government of'' before ``any
country'';
(3) by inserting ``the government of'' before ``such
country'' each place it appears;
(4) by striking ``determines'' and all that follows and
inserting ``determines, after consultation with the Committee
on Foreign Affairs and the Committee on Appropriations of the
House of Representatives and the Committee on Foreign Relations
and the Committee on Appropriations of the Senate, that
assistance for such country is in the national interest of the
United States.''; and
(5) by adding at the end the following:
``(2) No assistance shall be furnished under this Act, the Peace
Corps Act, the Millennium Challenge Act of 2003, the African
Development Foundation Act, the BUILD Act of 2018, section 504 of the
FREEDOM Support Act, or section 23 of the Arms Export Control Act to
the government of any country which is in default during a period in
excess of 1 calendar year in payment to the United States of principal
or interest or any loan made to the government of such country by the
United States unless the President determines, following consultation
with the congressional committees specified in paragraph (1), that
assistance for such country is in the national interest of the United
States.''.
SEC. 1803. SEAN AND DAVID GOLDMAN CHILD ABDUCTION PREVENTION AND RETURN
ACT OF 2014 AMENDMENT.
Subsection (b) of section 101 of the Sean and David Goldman
International Child Abduction Prevention and Return Act of 2014 (22
U.S.C. 9111; Public Law 113-150) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) by inserting ``, respectively,'' after
``access cases''; and
(ii) by inserting ``and the number of
children involved'' before the semicolon at the
end;
(B) in subparagraph (D), by inserting
``respectively, the number of children involved,''
after ``access cases,'';
(2) in paragraph (7), by inserting ``, and number of
children involved in such cases'' before the semicolon at the
end;
(3) in paragraph (8), by striking ``and'' after the
semicolon at the end;
(4) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(5) by adding at the end the following new paragraph:
``(10) the total number of pending cases the Department of
State has assigned to case officers and number of children
involved for each country and as a total for all countries.''.
SEC. 1804. MODIFICATION OF AUTHORITIES OF COMMISSION FOR THE
PRESERVATION OF AMERICA'S HERITAGE ABROAD.
(a) In General.--Chapter 3123 of title 54, United States Code, is
amended as follows:
(1) In section 312302, by inserting ``, and unimpeded
access to those sites,'' after ``and historic buildings''.
(2) In section 312304(a)--
(A) in paragraph (2)--
(i) by striking ``and historic buildings''
and inserting ``and historic buildings, and
unimpeded access to those sites''; and
(ii) by striking ``and protected'' and
inserting ``, protected, and made accessible'';
and
(B) in paragraph (3), by striking ``and
protecting'' and inserting ``, protecting, and making
accessible''.
(3) In section 312305, by inserting ``and to the Committee
on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate'' after
``President''.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Commission for the Preservation of America's Heritage
Abroad shall submit to the President and to the Committee on Foreign
Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate a report that contains an evaluation of the
extent to which the Commission is prepared to continue its activities
and accomplishments with respect to the foreign heritage of United
States citizens from eastern and central Europe, were the Commission's
duties and powers extended to include other regions, including the
Middle East and North Africa, and any additional resources or personnel
the Commission would require.
SEC. 1805. CHIEF OF MISSION CONCURRENCE.
In the course of providing concurrence to the exercise of the
authority pursuant to section 127e of title 10, United State Code, or
section 1202 of the National Defense Authorization Act for Fiscal Year
2018--
(1) each relevant chief of mission shall inform and consult
in a timely manner with relevant individuals at relevant
missions or bureaus of the Department of State; and
(2) the Secretary of State shall take such steps as may be
necessary to ensure that such relevant individuals have the
security clearances necessary and access to relevant
compartmented and special programs to so consult in a timely
manner with respect to such concurrence.
SEC. 1806. REPORT ON EFFORTS OF THE CORONAVIRUS REPATRIATION TASK
FORCE.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of State shall submit to the appropriate congressional
committees, the Committee on Armed Services of the House of
Representatives, and the Committee on Armed Services of the Senate a
report evaluating the efforts of the Coronavirus Repatriation Task
Force of the Department of State to repatriate United States citizens
and legal permanent residents in response to the 2020 coronavirus
outbreak. The report shall identify--
(1) the most significant impediments to repatriating such
persons;
(2) the lessons learned from such repatriations; and
(3) any changes planned to future repatriation efforts of
the Department of State to incorporate such lessons learned.
Passed the House of Representatives May 18, 2021.
Attest:
CHERYL L. JOHNSON,
Clerk.