[Pages H7412-H7436]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF STATE AUTHORIZATION ACT OF 2019
Mr. ENGEL. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 3352) to provide for certain authorities of the Department of
State, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3352
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 2019''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE
Sec. 101. Sense of Congress on importance of Department of State's
work.
Sec. 102. Bureau of Democracy, Human Rights, and Labor.
Sec. 103. Assistant Secretary for International Narcotics and Law
Enforcement Affairs.
Sec. 104. Bureau of Consular Affairs; Bureau of Population, Refugees,
and Migration.
Sec. 105. Office of International Disability Rights.
Sec. 106. Office of Global Women's Issues.
Sec. 107. Special appointments.
Sec. 108. Anti-piracy information sharing.
Sec. 109. Importance of foreign affairs training to national security.
Sec. 110. Classification and assignment of Foreign Service officers.
Sec. 111. Energy diplomacy and security within the Department of State.
Sec. 112. Passport fees.
Sec. 113. United States diplomacy center.
Sec. 114. 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. 115. Art in embassies.
Sec. 116. Amendment or repeal of reporting requirements.
Sec. 117. Reporting on implementation of GAO recommendations.
Sec. 118. Office of Global Criminal Justice.
TITLE II--EMBASSY CONSTRUCTION
Sec. 201. Embassy security, construction, and maintenance.
Sec. 202. Standard design in capital construction.
Sec. 203. Capital construction transparency.
Sec. 204. Contractor performance information.
Sec. 205. Growth projections for new embassies and consulates.
Sec. 206. Long-range planning process.
Sec. 207. Value engineering and risk assessment.
Sec. 208. Business volume.
Sec. 209. Embassy security requests and deficiencies.
Sec. 210. Overseas security briefings.
Sec. 211. Contracting methods in capital construction.
Sec. 212. Competition in embassy construction.
Sec. 213. Statement of policy.
Sec. 214. Definitions.
TITLE III--PERSONNEL ISSUES
Sec. 301. Defense Base Act insurance waivers.
Sec. 302. Study on Foreign Service allowances.
Sec. 303. Science and technology fellowships.
Sec. 304. Travel for separated families.
Sec. 305. Home leave travel for separated families.
Sec. 306. Sense of Congress regarding certain fellowship programs.
Sec. 307. Technical correction.
Sec. 308. Foreign Service awards.
Sec. 309. Diplomatic programs.
Sec. 310. Sense of Congress regarding veterans employment at the
Department of State.
Sec. 311. Employee assignment restrictions and preclusions.
Sec. 312. Recall and reemployment of career members.
Sec. 313. Strategic staffing plan for the Department.
Sec. 314. Consulting services.
Sec. 315. Incentives for critical posts.
Sec. 316. Extension of authority for certain accountability review
boards.
Sec. 317. Foreign service suspension without pay.
Sec. 318. Foreign Affairs Manual and Foreign Affairs Handbook changes.
Sec. 319. Waiver authority for individual occupational requirements of
certain positions.
Sec. 320. Standardizing Department parental leave policies.
Sec. 321. Appointment of employees to the Global Engagement Center.
Sec. 322. Rest and recuperation and overseas operations leave for
Federal employees.
TITLE IV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION
Sec. 401. Definitions.
Sec. 402. Collection, analysis, and dissemination of workforce data.
Sec. 403. Exit interviews for workforce.
Sec. 404. Recruitment and retention.
Sec. 405. Leadership engagement and accountability.
Sec. 406. Professional development opportunities and tools.
Sec. 407. Examination and oral assessment for the Foreign Service.
Sec. 408. Payne fellowship authorization.
Sec. 409. Voluntary participation.
TITLE V--INFORMATION SECURITY
Sec. 501. Definitions.
Sec. 502. Information system security.
Sec. 503. Prohibition on contracting with certain telecommunications
providers.
Sec. 504. Preserving records of electronic communications conducted
related to official duties of positions in the public
trust of the American people.
Sec. 505. Foreign Relations of the United States (FRUS) series and
declassification.
Sec. 506. Vulnerability Disclosure Policy and Bug Bounty Pilot Program.
TITLE VI--PUBLIC DIPLOMACY
Sec. 601. Short title.
Sec. 602. Avoiding duplication of programs and efforts.
Sec. 603. Improving research and evaluation of public diplomacy.
Sec. 604. Permanent reauthorization of the United States Advisory
Commission on Public Diplomacy.
Sec. 605. Streamlining of support functions.
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Sec. 606. Guidance for closure of public diplomacy facilities.
Sec. 607. Definitions.
TITLE VII--COMBATING PUBLIC CORRUPTION
Sec. 701. Sense of Congress.
Sec. 702. Annual assessment.
Sec. 703. Transparency and accountability.
Sec. 704. Designation of embassy anti-corruption points of contact.
Sec. 705. Reporting requirements.
Sec. 706. Foreign investments and national security.
TITLE VIII--MATTERS RELATING TO INTERNATIONAL SECURITY
Sec. 801. Short title.
Sec. 802. Security assistance defined.
Subtitle A--Reform Relating to Security Assistance
Sec. 811. Organizational reform.
Sec. 812. Workforce development.
Sec. 813. Security assistance planning.
Sec. 814. Interagency coordination of security assistance, transfers,
and security cooperation.
Sec. 815. Rule of construction.
Subtitle B--Foreign Military Assistance
Sec. 821. Strategic allocation of excess defense articles.
Sec. 822. Modification of purposes for which military sales by the
United States are authorized.
Sec. 823. Return of defense articles.
Sec. 824. Requirements relating to exemptions for licensing of defense
items.
Sec. 825. Amendment to general provisions.
Sec. 826. Technical amendments to Arms Export Control Act.
Sec. 827. Sense of Congress on licensing under United States arms
export control programs.
Sec. 828. Extension of war reserve stockpile authority.
Sec. 829. Peacekeeping operations and other national security programs.
Sec. 830. Other amendments to military assistance authorities.
Sec. 831. Repeal of reports.
Sec. 832. Defense trade controls registration fees.
Sec. 833. Withholding of assistance to units of foreign security forces
that engaged in sexual exploitation or abuse in
peacekeeping operations.
Sec. 834. Modification to limitations on assistance relating to human
rights.
Subtitle C--Studies on Authorities and Programs
Sec. 841. Requirement for study by Bureau of International Narcotics
and Law Enforcement Affairs.
Sec. 842. Requirement for independent study of existing security
assistance authorities.
TITLE IX--MISCELLANEOUS
Sec. 901. Case-Zablocki Act reform.
Sec. 902. Limitation on assistance to countries in default.
Sec. 903. Prohibition on assistance to governments supporting
international terrorism.
Sec. 904. Establishing a coordinator for ISIS detainee issues.
Sec. 905. Sean and David Goldman Child Abduction Prevention and Return
Act of 2014 amendment.
Sec. 906. Modification of authorities of Commission for the
Preservation of America's Heritage Abroad.
TITLE X--BUDGETARY EFFECTS
Sec. 1001. Determination of budgetary effects.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--Unless otherwise
specified, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(2) Department.--Unless otherwise specified, the term
``Department'' means the Department of State.
(3) Secretary.--Unless otherwise specified, the term
``Secretary'' means the Secretary of State.
TITLE I--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE
SEC. 101. 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 the 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, our 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. 102. 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.'';
(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) Efficiency.--The Assistant Secretary for Democracy,
Human Rights, and Labor shall take whatever actions may be
necessary to minimize the duplication of efforts within the
Bureau of Democracy, Human Rights, and Labor.
``(E) Local oversight.--United States missions, 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. 103. 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--
[[Page H7414]]
(1) by redesignating paragraph (3) as paragraph (4); 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, all forms of transnational organized
crime, including illicit trafficking in human beings, 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.''.
(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 (8) the following new paragraph:
``(9) 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. 104. 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) as subsection (i); 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. 105. OFFICE OF INTERNATIONAL DISABILITY RIGHTS.
(a) Establishment.--There should be established in the
Department 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 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; and
(7) advise the Bureau of Human Resources Development of 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.
(c) Supervision.--The Office may be headed by--
(1) a senior advisor to the appropriate Assistant
Secretary; or
(2) an officer exercising significant authority who reports
to the President or Secretary, appointed by and with the
advice and consent of the Senate.
(d) Consultation.--The Secretary 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. 106. OFFICE OF GLOBAL WOMEN'S ISSUES.
(a) In General.--There should be established an Office of
Global Women's Issues (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) Purpose.--The Office should coordinate efforts of the
United States Government, as directed by the Secretary,
regarding gender equality and advancing the status of women
and girls in United States foreign policy.
(c) Duties.--The Office should--
(1) serve as the principal advisor to the Secretary
regarding gender equality, women's and girls' empowerment,
and violence against women and girls as a priority of United
States foreign policy;
(2) represent the United States in diplomatic and
multilateral fora on matters relevant to the status of women
and girls;
(3) advise the Secretary and provide input on all
activities, policies, programs, and funding relating to
gender equality and the advancement of women and girls
internationally for all bureaus and offices of the Department
and in the international programs of all other Federal
agencies;
(4) work to ensure that efforts to advance gender equality
and women's and girls' empowerment are fully integrated into
the programs, structures, processes, and capacities of all
bureaus and offices of the Department and in the
international programs of other Federal agencies; and
(5) conduct regular consultation with civil society
organizations working to advance gender equality and empower
women and girls internationally.
(d) Supervision.--The Office should be headed by an
Ambassador-at-large for Global Women's Issues.
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall provide to the
appropriate congressional committees a report or briefing
regarding this section.
SEC. 107. SPECIAL APPOINTMENTS.
(a) Report on Positions.--Not later than 30 days after the
date of the enactment of this Act, the Secretary shall submit
to the appropriate congressional committees a report that
includes the following:
(1) A description of the duties, responsibilities, and
number of staff of each existing Special Envoy, Special
Representative, Special Coordinator, Special Negotiator,
Envoy, Representative, Coordinator, Special Advisor, and
other similar position at the Department.
(2) Recommendations regarding whether to maintain in the
Department each such position, including those listed in the
report submitted by the Secretary to the Committee
[[Page H7415]]
on Foreign Relations of the Senate on April 14, 2017,
pursuant to section 418 of the Department of State
Authorities Act, Fiscal Year 2017 (Public Law 114-323), that
are not expressly authorized by a provision of law enacted by
Congress.
(3) Justifications supporting each of the Secretary's
recommendations under paragraph (2).
(b) Advice and Consent.--Not later than 90 days after the
submission of the report required under subsection (a), the
President shall submit the name of each Special Envoy,
Special Representative, Special Coordinator, Special
Negotiator, Envoy, Representative, Coordinator, Special
Advisor, or other person occupying a similar position at the
Department exercising significant authority pursuant to the
laws of the United States that is not expressly authorized by
a provision of law enacted by Congress who is included in
such report to the Committee on Foreign Relations of the
Senate to seek the advice and consent of the Senate.
(c) Rule of Construction Regarding Establishment of
Positions.--Nothing in this section may be construed as
prohibiting the establishment or maintenance of any Special
Envoy, Special Representative, Special Coordinator, Special
Negotiator, Envoy, Representative, Coordinator, Special
Advisor, or other similar position at the Department
exercising significant authority pursuant to the laws of the
United States if the name of the appointee for each such
position is submitted to the Committee on Foreign Relations
of the Senate, to seek the advice and consent of the Senate,
not later than 90 days after each such appointment.
(d) Limited Exception for Temporary Appointments.--The
Secretary may maintain or establish a position with the title
of Special Envoy, Special Representative, Special
Coordinator, Special Negotiator, Special Advisor, or a
similar position not exercising significant authority
pursuant to the laws of the United States for not longer than
180 days if the Secretary, not later than 15 days before the
appointment of a person to such a position, submits to the
appropriate congressional committees a notification that
includes the following:
(1) A certification that the position is not expected to
demand the exercise of significant authority pursuant to the
laws of the United States.
(2) A description of the duties and purpose of the
position.
(3) The rationale for giving the specific title to the
position.
(e) Renewal of Temporary Appointment.--Nothing in this
section may be construed as prohibiting the Secretary from
renewing for a period not to exceed 180 days any position
maintained or established under subsection (d) if the
Secretary complies with the notification requirements
contained in such subsection.
(f) Funding Restrictions.--
(1) Positions not submitted for advice and consent.--No
funds may be authorized to be appropriated for--
(A) any Special Envoy, Special Representative, Special
Coordinator, Special Negotiator, Envoy, Representative,
Coordinator, Special Advisor, or other similar position at
the Department exercising significant authority pursuant to
the laws of the United States if the name of the person
appointed to such position has not been submitted to the
Committee on Foreign Relations of the Senate for the advice
and consent of the Senate in accordance with subsection (b);
or
(B) any staff or resources related to such a position until
the person appointed to such position has been submitted to
the Committee on Foreign Relations of the Senate for the
advice and consent of the Senate.
(2) Temporary positions.--No funds may be authorized to be
appropriated for any position described in subsection (d) or
for any staff or resources related to such position unless
the Secretary has complied with the notification requirements
under such subsection.
(3) Fiscal year 2020.--The restrictions described in this
subsection shall not apply in fiscal year 2020 to positions
or associated staff and resources for which funding is
expressly appropriated for such fiscal year in an Act of
Congress.
(g) Confirmation for Authorized Positions.--
(1) In general.--No Special Envoy, Special Representative,
Special Coordinator, Special Negotiator, Envoy,
Representative, Coordinator, Special Advisor, or other
similar position at the Department exercising significant
authority pursuant to the laws of the United States that is
authorized by an Act of Congress (except the position
authorized by section 621 of the Tibetan Policy Act of 2002
(subtitle B of title VI of Public Law 107-228; 22 U.S.C. 6901
note)) may be appointed without the advice and consent of the
Senate.
(2) Fiscal year 2020.--The restriction described in
paragraph (1) shall not apply in fiscal year 2020 to
positions or associated staff and resources for which funding
is expressly appropriated for such fiscal year in an Act of
Congress.
(h) Elimination of Special Representative and Policy
Coordinator for Burma.--
(1) Findings.--Congress finds the following:
(A) Congress established the Special Representative and
Policy Coordinator for Burma in July 2008 at a time when the
United States did not maintain full diplomatic relations with
Burma and had not appointed an Ambassador to Burma in 18
years.
(B) In 2012, the United States re-established full
diplomatic relations with Burma and appointed a United States
Ambassador to Burma who, along with the Secretary of State,
Assistant Secretary of State for East Asia and the Pacific,
and other United States Government officials, represents the
United States' interests in Burma.
(2) Repeal.--Section 7 of the Tom Lantos Block Burmese Jade
(Junta's Anti-Democratic Efforts) Act of 2008 (Public Law
110-286; 50 U.S.C. 1701 note; relating to the establishment
of a Special Representative and Policy Coordinator for Burma)
is hereby repealed.
SEC. 108. 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. 109. IMPORTANCE OF FOREIGN AFFAIRS TRAINING TO NATIONAL
SECURITY.
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 Secretary should explore establishing a ``training
float'' requiring that a certain percentage of the Foreign
Service shall be in long-term training at any given time;
(3) the Department's Foreign Service Institute 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
(4) consistent with existing Department gift acceptance
authority and other applicable laws, the Department and
Foreign Service Institute should seek and accept funds and
other resources from foundations, not-for-profit
corporations, and other appropriate sources to help the
Department and the Institute accomplish the goals specified
in paragraph (3).
SEC. 110. 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. 111. ENERGY DIPLOMACY AND SECURITY WITHIN THE DEPARTMENT
OF STATE.
(a) In General.--Subsection (c) of section 1 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a),
as amended by section 103 of this Act, is further amended--
(1) by redesignating paragraph (4) (as redesignated
pursuant to such section 103) as paragraph (5); and
(2) by inserting after paragraph (3) 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.--The Secretary of State shall ensure that
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; and
``(v) 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;
[[Page H7416]]
``(VI) leading the United States commitment to the
Extractive Industries Transparency Initiative;
``(VII) coordinating within the Department and with
relevant Federal departments and agencies on developing and
implementing international energy-related sanctions; and
``(VIII) 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.''.
(b) Conforming Amendment.--Section 931 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17371) is
amended--
(1) by striking subsections (a) and (b); and
(2) by redesignating subsections (c) and (d) as subsections
(a) and (b), respectively.
SEC. 112. PASSPORT FEES.
Paragraph (2) of section 1(b) of the Passport Act of June
4, 1920 (22 U.S.C. 214(b)) is amended by striking ``not'' and
all that follows through the period at the end and inserting
the following: ``be exercised beginning on the date of the
enactment of the Department of State Authorization Act of
2019.''.
SEC. 113. UNITED STATES DIPLOMACY CENTER.
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. UNITED STATES DIPLOMACY CENTER.
``(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 center for United States 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 a center for United States
diplomacy. Any such revenues may be retained as a recovery of
the costs of operating the Center.
``(b) Disposition of United States Diplomacy Center
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 center for United States 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 center for
United States diplomacy and may not be used for any purpose
other than the acquisition and direct care of the collections
of the center.
``(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 center for United
States diplomacy as set forth in the collections management
policy of the center;
``(B) the sale, trade, or transfer of such document,
artifact, or other article would serve to maintain the
standards of the collection of the center; 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
center for United States diplomacy to the Smithsonian
Institution or a similar institution for repair, study, or
exhibition.''.
SEC. 114. 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 shall--
(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. 115. 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 $50,000, 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 shall submit to the
appropriate congressional committees a report on the costs of
the Art in Embassies Program for each of fiscal years 2012,
2013, and 2014.
(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. 116. 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 members of ASEAN and other likeminded
countries, a comprehensive, multilateral strategy to bring
about further democratic consolidation in Burma and improve
human rights practices and the quality of life in Burma,
including the development of a dialogue leading to 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) Section 406 of Public Law 101-246 (22 U.S.C. 2414a).
(4) Subsection (c) of section 702 of Public Law 96-465 (22
U.S.C. 4022).
SEC. 117. 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) Comptroller General Report.--Not later than 30 days
after the Secretary submits the report under subsection (a),
the Comptroller General of the United States shall submit to
the appropriate congressional committees a report that
identifies any discrepancies between the list of
recommendations included in such report and the Government
Accountability Office's list of outstanding recommendations
for the Department.
(c) Implementation Report.--
(1) In general.--Not later than 120 days after the date of
the submission of the Comptroller General's report under
subsection (b), 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 the report
submitted under subsection (a).
(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;
[[Page H7417]]
(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).
(d) 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. 118. OFFICE OF GLOBAL CRIMINAL JUSTICE.
(a) In General.--There should be established within the
Department 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 and other relevant senior
officials on issues related to war crimes, crimes against
humanity, and genocide.
(2) Assist in formulating United States policy on the
prevention of, responses to, and accountability for mass
atrocities.
(3) Coordinate United States Government positions relating
to the international and hybrid courts currently prosecuting
persons responsible for genocide, war crimes, and crimes
against humanity anywhere in 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
in every region of the globe.
(5) Coordinate the deployment of diplomatic, legal,
economic, military, and other tools to help expose the truth,
judge those responsible, protect and assist victims, enable
reconciliation, deter atrocities, and build the rule of law.
(6) Provide advice and expertise on transitional justice to
United States personnel operating in conflict and post-
conflict environments.
(7) Act as a point of contact for international, hybrid,
and mixed tribunals exercising jurisdiction over war crimes,
crimes against humanity, and genocide committed around the
world.
(8) Represent the Department on any interagency whole-of-
government coordinating entities addressing genocide and
other mass atrocities.
(9) Perform any additional duties and exercise such powers
as the Secretary of State may prescribe.
(c) Supervision.--The Office should be led by an
Ambassador-at-Large for Global Criminal Justice.
TITLE II--EMBASSY CONSTRUCTION
SEC. 201. EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE.
For ``Embassy Security, Construction, and Maintenance'',
there is authorized to be appropriated $1,987,211,000 for
fiscal year 2020.
SEC. 202. 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 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 four years after the
date of the enactment of this Act.
SEC. 203. 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 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) Initial Report.--The first report required under
subsection (a) of section 118 of the Department of State
Authorities Act, Fiscal Year 2017 (as amended by this
section) shall include an annex regarding all overseas
capital construction projects and major embassy security
upgrade projects completed during the 10-year period ending
on December 31, 2018, including, for each such project, the
elements specified in subsection (b) of such section 118.
SEC. 204. CONTRACTOR PERFORMANCE INFORMATION.
(a) Deadline for Completion.--The Secretary shall complete
all contractor performance evaluations required by subpart
42.15 of the Federal Acquisition Regulation for those
contractors engaged in construction of new embassy or new
consulate compounds by October 1, 2021.
(b) Prioritization System.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary 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 October 1, 2021, 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. 205. 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 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
[[Page H7418]]
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 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. 206. 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 five
years, the Secretary shall develop--
(A) a comprehensive six-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 six-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. 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.
(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 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'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 on average over the 36 months
prior to the date of the enactment of this Act.
SEC. 207. 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.--The proposed
allocation of capital construction and maintenance funds that
is required by the Committees on Appropriations of the Senate
and the House of Representatives 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 shall also 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
studies described in subsection (a).
(c) Reporting and Briefing Requirements.--The Secretary
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. 208. 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. 209. EMBASSY SECURITY REQUESTS AND DEFICIENCIES.
The Secretary shall provide to the appropriate
congressional committees upon request information on 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. 210. OVERSEAS SECURITY BRIEFINGS.
Not later than one year after the date of the enactment of
this Act, the Secretary 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. 211. CONTRACTING METHODS IN CAPITAL CONSTRUCTION.
(a) Delivery.--Unless the Secretary 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 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 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. 212. COMPETITION IN EMBASSY CONSTRUCTION.
Not later than 45 days after the date of the enactment of
this Act, the Secretary shall submit to the appropriate
congressional committee a report detailing steps the
Department is taking to expand the embassy construction
contractor base in order to increase competition and maximize
value.
SEC. 213. 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. 214. 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. 301. DEFENSE BASE ACT INSURANCE WAIVERS.
(a) Application for Waivers.--Not later than 30 days after
the date of the enactment
[[Page H7419]]
of this Act, the Secretary 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
shall certify to the appropriate congressional committees
that the requirement in subsection (a) has been met.
SEC. 302. STUDY ON FOREIGN SERVICE ALLOWANCES.
(a) Report Required.--
(1) In general.--Not later than 270 days after date of the
enactment of this Act, the Secretary 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
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 and such
federally-funded research and development center.
(c) Availability of Information.--
(1) In general.--The Secretary 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
from eligible bidders on their bid decision-making.
(2) Cooperation.--The Secretary 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 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 120 days
after the date of the enactment of this Act.
SEC. 303. 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 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. 304. 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, 1 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. 305. 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 the family members of a
member of the Service reside apart from the member at
authorized locations outside the United States because they
are prevented by official order from residing with the member
at post, 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. 306. SENSE OF CONGRESS REGARDING CERTAIN FELLOWSHIP
PROGRAMS.
It is the sense of Congress that--
(1) 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; and
(2) the Secretary of State and the Administrator of the
United States Agency for International Development should
fulfill the terms of their fellowship agreements with each
participant in the Fellowship Programs referred to in
paragraph (1), as specified in the original contractual
agreements with each such participant.
SEC. 307. 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. 308. 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. 309. DIPLOMATIC PROGRAMS.
(a) Sense of Congress on Workforce Recruitment.--It is the
sense of Congress that the Secretary 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 will lack experienced, qualified personnel in the
short, medium, and long terms.
(b) Limitation.--The Secretary may not implement any
reduction-in-force action under section 3502 or 3595 of title
5, United States Code, or for any incentive payments
[[Page H7420]]
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'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 five-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. 310. SENSE OF CONGRESS REGARDING VETERANS EMPLOYMENT AT
THE DEPARTMENT OF STATE.
It is the sense of Congress that--
(1) the Department 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 405 of this Act, including those veterans belonging
to traditionally underrepresented 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. 311. EMPLOYEE ASSIGNMENT RESTRICTIONS AND PRECLUSIONS.
(a) Sense of Congress.--It is the sense of Congress that
the Department should expand the appeal process it makes
available to employees related to assignment preclusions and
restrictions.
(b) Appeal of Assignment Restriction or Preclusion.--
Section 502(a)(2) of the Foreign Service Act of 1980 (22
U.S.C. 3982(a)(2)), as amended by section 111 of this Act, is
further amended by adding at the end the following new
sentences: ``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 shall
revise, and certify to the appropriate congressional
committees 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. 312. RECALL AND REEMPLOYMENT OF CAREER MEMBERS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) career Department 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) re-employment 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) Reemployment.--Subsection (b) of section 308 of the
Foreign Service Act of 1980 (22 U.S.C. 3948) is amended by
adding at the end the following new sentence: ``Former career
tenured members of the Service seeking reappointment, if
separated for other than cause for up to three years prior to
the date of the enactment of this sentence, shall be eligible
to participate in the regular assignment bidding process
without restriction and shall not be required to accept a
directed first assignment upon reappointment.''.
(c) Notice of Employment Opportunities.--
(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
``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 sections for subpart
I of title 5, United States Code, is amended by adding at the
end the following:
``10301. Notice of employment opportunities for Department of State and
USAID positions''.
SEC. 313. STRATEGIC STAFFING PLAN FOR THE DEPARTMENT.
(a) In General.--Not later than 18 months after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a comprehensive five-
year strategic staffing plan for the Department 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; and
(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.
(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 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'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's plan to implement recommendations
described in GAO-19-220.
SEC. 314. CONSULTING SERVICES.
(a) In General.--Chapter 103 of title 5, United States
Code, as added by section 313 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 subpart
I of title 5, United States Code, is amended by adding after
the item relating to section 10302 the following new item:
``10302. Consulting services for the Department of State''.
SEC. 315. 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. 316. 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, 2019, and ending on September 30,
2022''.
SEC. 317. FOREIGN SERVICE SUSPENSION WITHOUT PAY.
Subsection (c) of section 610 of the Foreign Service Act of
1980 (22 U.S.C. 4010) is amended--
[[Page H7421]]
(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) Any member of the Service suspended from duties under
this subsection may be suspended without pay only after a
final written decision is provided to such member under
paragraph (2).
``(6) If no final written decision under paragraph (2) has
been provided within one calendar year of the date the
suspension at issue was proposed, not later than 30 days
thereafter 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 for such delay.''; 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 striking subparagraph (B) (relating to the
definition of ``suspend'' and ``suspension''); and
(D) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively; and moving such subparagraphs two
ems to the left.
SEC. 318. FOREIGN AFFAIRS MANUAL AND FOREIGN AFFAIRS HANDBOOK
CHANGES.
(a) 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 shall submit to the appropriate
congressional committees a report detailing all changes made
to the Foreign Affairs Manual or the Foreign Affairs
Handbook.
(b) Covered Periods.--The first report required under
subsection (a) shall cover the five year period preceding the
submission of such report. Each subsequent report shall cover
the 180 day period preceding submission.
(c) Contents.--Each report required under subsection (a)
shall contain the following:
(1) The location within the Foreign Affairs Manual or the
Foreign Affairs Handbook where a change has been made.
(2) The statutory basis for each such change.
(3) A side-by-side comparison of the Foreign Affairs Manual
or Foreign Affairs Handbook before and after such change.
(4) A summary of such changes displayed in spreadsheet
form.
SEC. 319. 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. 320. STANDARDIZING DEPARTMENT PARENTAL LEAVE POLICIES.
(a) Purpose.--The purpose of this section is to--
(1) afford every employee at the Department equal access to
leave and workplace flexibilities for childbirth, adoption,
and foster care;
(2) encourage the Department to work towards a parental
leave policy that will help recruit and retain a dynamic,
multi-talented, and diverse workforce capable of meeting the
national security and foreign policy goals of the United
States; and
(3) determine the impacts of flexible leave policies on
recruitment and retention rates.
(b) Establishing Standard Parental Leave Policies.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary shall establish and
implement a standard parental leave policy applicable to
Department employees across all bureaus and offices within
the Department and Missions abroad. Nothing in this section
shall be construed to provide any new category of leave not
otherwise provided by law.
(2) Reports.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report describing--
(A) the steps taken to implement the policy required under
paragraph (1) across all bureaus and offices within the
Department and Missions abroad; and
(B) any costs associated with such policy.
SEC. 321. APPOINTMENT OF EMPLOYEES TO THE GLOBAL ENGAGEMENT
CENTER.
The Secretary may appoint, for a three 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 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. 322. 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.''.
TITLE IV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION
SEC. 401. 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 defined in section 2101 of title 5, United States Code);
(B) individuals who are members of the Foreign Service (as
defined in section 103 of the Foreign Service Act of 1980 (22
U.S.C. 3902));
[[Page H7422]]
(C) all individuals serving under a personal services
agreement or personal services contract;
(D) all individuals serving under a Foreign Service Limited
appointment under section 309 of the Foreign Service Act of
1980; or
(E) individuals working in the Department of State under
any other authority.
SEC. 402. 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 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 posted 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.
(b) Data.--The report under subsection (a) shall include
the following data:
(1) Demographic data on each element of the workforce of
the Department, 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 2-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 on applicable selection boards.
(E) Members of any external advisory committee or board who
are subject to appointment by individuals at senior positions
in the Department.
(F) 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.
(G) Individuals participating in mentorship or retention
programs.
(H) Individuals who separated from the agency during the 2-
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 listed in section 401(4), and
the percentages corresponding to each rank, grade, or grade-
equivalent.
(c) Recommendation.--The Secretary 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
should 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).
(d) Other Contents.--The report under subsection (a) shall
also describe and assess the effectiveness of the efforts of
the Department--
(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 illegal 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 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 minority representation
in international affairs;
(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; and
(H) support recruiting and hiring opportunities through--
(i) the Charles B. Rangel International Affairs Fellowship
Program;
(ii) the Thomas R. Pickering Foreign Affairs Fellowship
Program;
(iii) the Donald M. Payne International Development
Fellowship Program; and
(iv) 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 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 relating to the
workforce and information on the status of diversity and
inclusion efforts of the Department;
(2) an analysis of applicant flow data; 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. 403. EXIT INTERVIEWS FOR WORKFORCE.
(a) Retained Members.--The Director General of the Foreign
Service and the Director of Human Resources of the Department
should conduct periodic interviews with a representative and
diverse cross-section of the workforce of the Department--
(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 Human Resources shall provide an
opportunity for an exit interview to each individual in the
workforce of the Department 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 Human Resources
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 402 relating to the determination reached
pursuant to paragraph (1).
(d) Tracking Data.--The Department 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. 404. RECRUITMENT AND RETENTION.
(a) In General.--The Secretary should--
(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 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) should 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; and
(5) 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 shall, through the Foreign
Service Institute and
[[Page H7423]]
other educational and training opportunities--
(A) ensure the provision of training on anti-harassment and
anti-discrimination information and policies to all
individuals in the workforce;
(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 shall give special
attention to ensuring the continuous incorporation of
research-based best practices in training provided under this
subsection.
SEC. 405. LEADERSHIP ENGAGEMENT AND ACCOUNTABILITY.
(a) Reward and Recognize Efforts to Promote Diversity and
Inclusion.--
(1) In general.--The Secretary shall implement performance
and advancement requirements that reward and recognize the
efforts of individuals in senior positions and supervisors in
the Department 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 shall create
opportunities for individuals in senior positions and
supervisors in the Department 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 appoint members, the
Secretary 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. 406. PROFESSIONAL DEVELOPMENT OPPORTUNITIES AND TOOLS.
(a) Expand Provision of Professional Development and Career
Advancement Opportunities.--
(1) In general.--The Secretary is authorized to expand
professional development opportunities that support the
mission needs of the Department, 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 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.
(B) Requirements.--In determining which members of the
workforce are granted professional development or career
advancement opportunities under subparagraph (A), the
Secretary shall--
(i) ensure any program offered or sponsored by the
Department 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. 407. EXAMINATION AND ORAL ASSESSMENT FOR THE FOREIGN
SERVICE.
(a) Sense of Congress.--It is the sense of Congress that
the Department 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. 408. 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 shall review
past programs designed to increase minority representation in
international affairs positions.
SEC. 409. 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
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. 501. DEFINITIONS.
In this title:
(1) Information system.--The term ``information system''
has the meaning given such term in section 3502 of title 44,
United States Code.
(2) 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)).
(3) 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. 502. INFORMATION SYSTEM SECURITY.
(a) Definitions.--In this section:
(1) Incident.--The term ``incident'' has the meaning given
such term in section 3552(b) of title 44, United States Code.
(2) Penetration test.--The term ``penetration test'' means
a test methodology in which assessors attempt to circumvent
or defeat the security features of an information system.
(b) Consultations Process.--Not later than 60 days after
the date of the enactment of this Act, the Secretary shall
establish a process for conducting semiannual consultations
with the Secretary of Defense, the Director of National
Intelligence, the Secretary of Homeland Security, and any
other department or agency representative who the Secretary
determines to be appropriate regarding the security of United
States Government and nongovernmental information systems
used or operated by the Department, a contractor of the
Department, or another organization on behalf of the
Department, including any such systems or networks
facilitating the use of sensitive or classified information.
(c) Independent Penetration Testing of Information
Systems.--In coordination with the consultations under
subsection (b), the Secretary shall commission independent,
semiannual penetration tests, which shall be carried out by
an appropriate Federal department or agency other than the
Department, such as the Department of Homeland Security or
the National Security Agency, to ensure that adequate
policies and protections are implemented to detect and
prevent penetrations or compromises of such information
systems, including malicious intrusions by any unauthorized
individual, state actor, or other entity.
(d) Waiver.--The Secretary may waive the requirement under
subsection (c) for up to one year if the Secretary--
(1) determines that such requirement would have adverse
effects on national security or the diplomatic mission of the
Department; and
(2) not later than 30 days after the commencement of such a
determination, submits to the relevant congressional
committees a written justification that describes how such
penetration tests would undermine national security or the
diplomatic mission of the Department.
(e) Incident Reporting.--Not later than 180 days after the
date of the enactment of this Act and annually thereafter for
three years, the Secretary, in consultation with the
Secretary of Defense, the Director of the National
Intelligence, the Secretary of Homeland Security, and any
other department or agency representative who the Secretary
determines to be appropriate, shall securely submit to the
relevant congressional committees a classified report that
describes in detail the following:
(1) For the first reporting period, all known and suspected
incidents affecting the information systems specified in
subsection (b) that occurred during the 180-day period
immediately preceding the date of the enactment of this Act.
(2) For all subsequent reporting periods, all known and
suspected incidents affecting the information systems
specified in subsection (b) that occurred since the
submission of the most recent report.
[[Page H7424]]
(f) Contents.--Each report under subsection (e) shall
include, for the relevant reporting period, a summary
overview addressing the following:
(1) A description of the relevant information system, as
specified in subsection (b), that experienced a known or
suspected incident.
(2) An assessment of the date and time each such incident
occurred or was suspected to have occurred.
(3) An assessment of the duration over which each such
incident took place or is suspected of having taken place,
including whether such incident is ongoing.
(4) An assessment of the volume and sensitivity of
information accessed, compromised, or potentially compromised
by each incident, including any such information contained on
information systems owned, operated, managed, or utilized by
any other Federal department or agency.
(5) An assessment of whether such information system was
compromised by such incident, including an assessment of the
following:
(A) The known or suspected perpetrators, including state
actors.
(B) The methods used to carry out the incident.
(C) The known or suspected intent of the actors in
accessing the information system.
(6) A description of the actions the Department has taken
or plans to take, including timelines and descriptions of any
progress on plans described in prior reports, to prevent
future, similar incidents affecting such information systems.
SEC. 503. PROHIBITION ON CONTRACTING WITH CERTAIN
TELECOMMUNICATIONS PROVIDERS.
(a) List of Covered Contractors.--Not later than 30 days
after the date of the enactment of this Act, the Secretary,
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 prohibition
specified in subsection (b) shall apply. 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) Prohibition on Contracts.--The Secretary may not enter
into a contract with a covered contractor on the list
described in subsection (a).
(c) Removal From List.--To be removed from the list
described in subsection (a), a covered contractor may submit
a request to the Secretary in such manner as the Secretary
determines appropriate. The Secretary, in consultation with
the Director of National Intelligence, shall determine a
process for removing covered contractors from the list, as
appropriate, and publicly disclose such process.
(d) Waivers.--
(1) In general.--The President or the Secretary may waive
the prohibition specified in subsection (b) if the President
or the Secretary determines that such waiver is justified for
national security reasons.
(2) Waiver for overseas operations.--The Secretary may
waive the prohibition specified in subsection (b) for United
States diplomatic posts or diplomatic personnel overseas if
the Secretary, in consultation with the Director of National
Intelligence, determines that no suitable alternatives are
available.
(e) 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.
(f) Effective Date.--This section shall apply with respect
to contracts of a covered contractor entered into on or after
the date of the enactment of this Act.
SEC. 504. 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,
as a matter of rule of law and transparency in a democratic
government, all officers and employees of the Department and
the United States Agency for International Development must
preserve all records of communications conducted in their
official capacities or related to their official duties with
entities outside of the United States Government. It is
further the sense of Congress that such practice should
include foreign government officials or other foreign
entities which may seek to influence United States Government
policies and actions.
(b) Publication.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall publish in the
Foreign Affairs Manual guidance implementing chapter 31 of
title 44, United States Code (commonly referred to as the
``Federal Records Act''), to treat electronic messaging
systems, software, and applications as equivalent to
electronic mail for the purpose of identifying Federal
records, and shall also publish in the Foreign Affairs Manual
the statutory penalties for failure to comply with such
guidance. No funds are authorized to be appropriated or made
available to the Department of State under any Act to support
the use or establishment of accounts on third-party messaging
applications or other non-Government online communication
tools if the Secretary does not certify to the relevant
congressional committees that the Secretary has carried out
this section.
SEC. 505. FOREIGN RELATIONS OF THE UNITED STATES (FRUS)
SERIES AND DECLASSIFICATION.
The State Department Basic Authorities Act of 1956 is
amended--
(1) in section 401(c) (22 U.S.C. 4351(c)), by striking
``30'' and inserting ``25'';
(2) in section 402(a)(2) (22 U.S.C. 4352(a)(2)), by
striking ``26'' and inserting ``20''; and
(3) 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. 506. 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 in exchange for
compensation.
(2) Department.--The term ``Department'' means the
Department of State.
(3) Information technology.--The term ``information
technology'' has the meaning given such term in section 11101
of title 40, United States Code.
(4) Secretary.--The term ``Secretary'' means the Secretary
of State.
(b) Department of State Vulnerability Disclosure Process.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall design,
establish, and make publicly known a Vulnerability Disclosure
Process (VDP) to improve Department 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 shall--
(A) identify which Department 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 six 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, in accordance with the
National Vulnerabilities Database of the National Institute
of Standards and Technology, of security vulnerabilities
reported.
[[Page H7425]]
(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) Department of State Bug Bounty Pilot Program.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary shall establish a
bug bounty pilot program to minimize security vulnerabilities
of internet-facing information technology of the Department.
(2) Requirements.--In establishing the pilot program
described in paragraph (1), the Secretary shall--
(A) provide compensation for reports of previously
unidentified security vulnerabilities within the websites,
applications, and other internet-facing information
technology of the Department 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 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, 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-15-
01.
(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 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, in accordance with the
National Vulnerabilities Database of the National Institute
of Standards and Technology, of 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.
TITLE VI--PUBLIC DIPLOMACY
SEC. 601. SHORT TITLE.
This title may be cited as the ``Public Diplomacy
Modernization Act of 2019''.
SEC. 602. AVOIDING DUPLICATION OF PROGRAMS AND EFFORTS.
The Secretary shall--
(1) identify opportunities for greater efficiency of
operations, including through improved coordination of
efforts across public diplomacy bureaus and offices of the
Department; 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. 603. IMPROVING RESEARCH AND EVALUATION OF PUBLIC
DIPLOMACY.
(a) Research and Evaluation Activities.--The Secretary,
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 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.
(3) Responsibilities.--The Director shall--
(A) report to the Director of Policy Planning of the Office
of Policy, Planning, and Resources for Public Diplomacy and
Public Affairs of the Department;
(B) coordinate and oversee the research and evaluation of
public diplomacy programs and activities of the Department
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;
(C) routinely organize and oversee audience research,
digital analytics, and impact evaluations across all public
diplomacy bureaus and offices of the Department;
(D) support United States diplomatic posts' public affairs
sections;
(E) share appropriate public diplomacy research and
evaluation information within the Department and with other
appropriate Federal departments and agencies;
(F) 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
(G) 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 Director of Policy Planning of the
Office of Policy, Planning, and Resources for Public
Diplomacy and Public Affairs of the Department 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 pursuant to
subsection (b) shall be made available to be disbursed at the
direction of the Director 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 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 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 United States Information and Educational Exchange
Act of 1948 (22 U.S.C. 1431 et seq.).
(2) The Mutual Educational and Cultural Exchange Act of
1961 (22 U.S.C. 2451 et seq.).
(3) Section 1287 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 22 U.S.C. 2656
note).
[[Page H7426]]
(4) 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 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 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. 604. PERMANENT REAUTHORIZATION OF THE UNITED STATES
ADVISORY COMMISSION ON PUBLIC DIPLOMACY.
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, 2020''.
SEC. 605. STREAMLINING OF SUPPORT FUNCTIONS.
(a) Working Group Established.--Not later than 90 days
after the date of the enactment of this Act, the Secretary
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 one year after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a plan to implement any
such findings of the working group established under
subsection (a).
SEC. 606. 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 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 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. 607. 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. 701. 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;
(3) the Department should 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
(4) the Department should identify areas in which United
States efforts to help other countries promote good
governance and combat public corruption could be enhanced.
SEC. 702. ANNUAL ASSESSMENT.
(a) In General.--For each of fiscal years 2020 through
2026, the Secretary shall assess the capacity and commitment
of foreign countries 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,
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; and
(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;
(E) the extent to which such government--
[[Page H7427]]
(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
(F) contain such other information relating to public
corruption as the Secretary considers appropriate.
(b) Identification.--After conducting each assessment under
subsection (a), the Secretary shall identify the countries
described in paragraph (1) of such subsection that are--
(1) meeting minimum standards to combat public corruption;
(2) not meeting such minimum standards but making
significant efforts to do so; and
(3) neither meeting such minimum standards nor making
significant efforts to do so.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act and annually thereafter through fiscal
year 2026, the Secretary shall submit to the appropriate
congressional committees and make publicly available a report
that identifies the countries described in subsection (a)(1)
and paragraphs (2) and (3) of subsection (b), including a
description of the methodology and data utilized in the
assessments under subsection (a) and the reasons for such
identifications.
(d) Briefing in Lieu of Report.--The Secretary 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 a briefing to the appropriate congressional
committees that identifies the countries described in
subsection (a)(1) and paragraphs (2) and (3) of subsection
(b), including a description of the methodology and data
utilized in the assessment under subsection (a) and the
reasons for such identifications.
SEC. 703. TRANSPARENCY AND ACCOUNTABILITY.
For each country identified under paragraphs (2) and (3) of
section 702(b), the Secretary, 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 or the Agency 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
and the Agency 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 or Agency; and
(D) the establishment of mechanisms for investigating
allegations of misappropriated resources and equipment.
SEC. 704. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF
CONTACT.
(a) In General.--The Secretary 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 702(b), or which the Secretary
otherwise determines is in need of such a point of contact.
(b) Responsibilities.--Each designated anti-corruption
point of contact under subsection (a) shall be responsible
for coordinating and overseeing implementation of a whole-of-
government approach among the relevant Federal departments
and agencies that operate programs that promote good
governance in foreign countries and enhance such countries'
ability to combat public corruption in order to accomplish
such objectives in the country to which such point of contact
is posted, including through the development and
implementation of corruption risk assessment tools and
mitigation strategies.
(c) Training.--The Secretary shall implement appropriate
training for designated anti-corruption points of contact
under subsection (a).
SEC. 705. REPORTING REQUIREMENTS.
(a) Annual Report.--
(1) In general.--The Secretary shall, for each of fiscal
years 2020 through 2026, submit to the appropriate
congressional committees a report on implementation of this
title, including a description of the following:
(A) The offices within the Department and the United States
Agency for International Development that are engaging in
significant anti-corruption activities.
(B) The findings and actions of designated anti-corruption
points of contact to develop and implement risk mitigation
strategies and ensure compliance with section 703.
(C) The training implemented under section 704(c).
(D) Management of the whole-of-government effort referred
to in section 704(b) to combat corruption within the
countries identified in section 702 and efforts to improve
coordination across Federal departments and agencies.
(E) The risk assessment tools and mitigation strategies
utilized by the Department and the Agency.
(F) Other information determined by the Secretary to be
necessary and appropriate.
(2) Form of report.--Each report under this subsection
shall be submitted in an unclassified format but may include
a classified annex.
(b) Online Platform.--The Secretary shall consolidate
existing reports with anti-corruption components into one
online, public platform, which should--
(1) include--
(A) the annual Country Reports on Human Rights Practices;
(B) the annual Fiscal Transparency Report;
(C) the annual Investment Climate Statements;
(D) the annual International Narcotics Control Strategy
Report;
(E) the Country Scorecards of the Millennium Challenge
Corporation; and
(F) any other relevant public reports; and
(2) link to third-party indicators and compliance
mechanisms used by the United States Government to inform
policy and programming, such as--
(A) the International Finance Corporation's Doing Business
surveys;
(B) the International Budget Partnership's Open Budget
Index; and
(C) multilateral peer review anti-corruption compliance
mechanisms, such as the Organization for Economic Co-
operation and Development's Working Group on Bribery in
International Business Transactions and the United Nations
Convention Against Corruption, done at New York October 31,
2003, to further highlight expert international views on
country challenges and country efforts.
(c) Training.--The Secretary and the Administrator of the
United States Agency for International Development shall
incorporate anti-corruption components into existing Foreign
Service and Civil Service training courses to--
(1) increase the ability of Department and Agency personnel
to support anti-corruption as a foreign policy priority; and
(2) strengthen the ability of such personnel to design,
implement, and evaluate more effective anti-corruption
programming around the world, including enhancing skills to
better evaluate and mitigate public corruption risks in
assistance programs.
SEC. 706. FOREIGN INVESTMENTS AND NATIONAL SECURITY.
(a) In General.--Not later than one year after the date of
the enactment of this Act and biennially thereafter for the
following six years, the Secretary, in consultation with the
Secretary of the Treasury, the Director of National
Intelligence, and the heads of other agencies, as
appropriate, shall submit to Congress an interagency strategy
to work with foreign governments and multilateral
institutions to guard against the risks of certain
transactions involving foreign investments.
(b) Contents.--Each interagency strategy under paragraph
(1) shall include plans relating to the following:
(1) Information sharing with foreign governments and
multilateral institutions regarding risks associated with
potential foreign investments.
(2) Promoting American and other alternatives to foreign
investments identified as presenting substantial risk to the
national security or sovereignty of a country.
(3) Providing technical assistance to foreign governments
or multilateral institutions regarding screening foreign
investments.
(4) Designating points of contact at each United States
mission to foreign governments and multilateral institutions,
and in associated regional bureaus, to coordinate efforts
described in this paragraph.
(c) Coordination.--If the Secretary determines such is
appropriate, the designated points of contact referred to in
subsection (b)(4) may be the same individual designated under
section 704(a).
TITLE VIII--MATTERS RELATING TO INTERNATIONAL SECURITY
SEC. 801. SHORT TITLE.
This title may be cited as the ``International Security
Assistance Act of 2019''.
SEC. 802. SECURITY ASSISTANCE DEFINED.
In this title, the term ``security assistance'' means--
(1) assistance under chapter 8 (relating to international
narcotics control) of part I of the Foreign Assistance Act of
1961;
(2) assistance under chapter 2 (military assistance),
chapter 5 (international military education and training),
chapter 6 (peacekeeping operations), chapter 8 (antiterrorism
[[Page H7428]]
assistance), and chapter 9 (nonproliferation and export
control assistance) of part II of the Foreign Assistance Act
of 1961;
(3) assistance under section 23 of the Arms Export Control
Act (relating to the Foreign Military Financing program); and
(4) sales of defense articles or defense services,
extensions of credits (including participations in credits),
and guaranties of loans under the Arms Export Control Act.
Subtitle A--Reform Relating to Security Assistance
SEC. 811. ORGANIZATIONAL REFORM.
(a) Working Group.--
(1) Establishment.--The Secretary shall establish a Working
Group on matters relating to security assistance (in this
subtitle referred to as the ``Working Group'').
(2) Membership.--
(A) In general.--The Working Group shall be composed of--
(i) the Deputy Secretary of State; and
(ii) each Under Secretary of State responsible for matters
relating to security assistance.
(B) Chair.--The Deputy Secretary shall serve as the chair
of the Working Group.
(3) Meetings.--The Working Group shall meet not later than
90 days after the date of the enactment of this Act and on a
quarterly basis thereafter.
(4) Duties.--The duties of the Working Group shall
include--
(A) within the Department and across United States
diplomatic posts--
(i) providing strategic policy guidance on objectives and
priorities for security assistance;
(ii) ensuring strategic integration of budgets and planning
for security assistance; and
(iii) advising the Secretary on all budgets, programs, and
activities for security assistance; and
(B) overseeing Department of State coordination with the
Secretary of Defense, the Administrator of the United States
Agency for International Development (USAID), and the heads
of other relevant Federal departments and agencies on all
matters relating to security assistance.
(b) Office of Security Assistance.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary shall designate an
existing office or establish a new office to be the Office of
Security Assistance (in this subtitle referred to as the
``Office''), which shall report to an Under Secretary who is
a member of the Working Group.
(2) Coordinator.--The head of the Office shall be the
Coordinator for Security Assistance (in this subtitle
referred to as the ``Coordinator''), who shall be an
individual of demonstrated competency in the fields of
security assistance and international diplomacy.
(3) Duties.--The duties of the Coordinator shall include--
(A) within the Department and across United States
diplomatic posts--
(i) guiding and supporting security assistance;
(ii) advising the Working Group on all matters relating to
security assistance;
(iii) establishing the framework described in section
813(a);
(iv) coordinating the assessment, monitoring, and
evaluation program established under section 813(c); and
(v) maintaining the common database described in section
814(a); and
(B) acting as a Department of State point of contact with
the Department of Defense, the United States Agency for
International Development (USAID), and other relevant Federal
departments and agencies on all matters relating to security
assistance.
(c) Coordination Within Department.--
(1) Designation.--Not later than one year after the date of
the enactment of this Act, and subject to paragraph (2), the
head of each bureau of the Department that is involved in
directing or implementing security assistance shall designate
an officer of such bureau to be responsible for coordinating
the responsibilities of such bureau with respect to security
assistance.
(2) Non-eligibility.--An officer of a bureau of the
Department shall not be eligible to be designated pursuant to
paragraph (1) if the officer is responsible for conducting
human rights vetting pursuant to 620M of the Foreign
Assistance Act of 1961 (22 U.S.C. 2378d).
(3) Training.--Each individual designated pursuant to
paragraph (1) shall successfully complete the training
described in section 812.
(d) Coordination Within United States Diplomatic Posts.--
(1) Designation.--Not later than one year after the date of
the enactment of this Act, the chief of mission of the United
States in a foreign country that receives security assistance
shall designate a senior diplomatic officer at the embassy or
highest ranking diplomatic post if no embassy exists in the
foreign country to be responsible for coordinating security
assistance for the foreign country.
(2) Duties.--The senior diplomatic officer designated
pursuant to paragraph (1) shall be responsible for--
(A) overseeing personnel and activities of Federal
departments and agencies at the relevant embassy or
diplomatic post with respect to the provision of security
assistance for the country; and
(B) ensuring implementation of section 620M of the Foreign
Assistance Act of 1961 (22 U.S.C. 2378d) and section 362 of
title 10, United States Code, with respect to the country.
(3) Training.--Each individual designated pursuant to
paragraph (1) shall successfully complete the training
described in section 812
(e) Plan for Organizational Structure.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate a plan
for the organizational structure of the Department relating
to security assistance programs.
(2) Matters to be included.--The plan required under
paragraph (1) shall include the following:
(A) An identification of each bureau and office of the
Department that carries out functions relating to planning,
coordination, integration, implementation, or evaluation of
security assistance, a description of the organizational
hierarchy and decision-making processes used to coordinate
across such bureaus and offices and with United States
diplomatic posts and other Federal departments and agencies,
and a description of how the Working Group and the
Coordinator will facilitate coordination among each such
bureau and office.
(B) A description of--
(i) the reasons for--
(I) designating an existing office or establishing a new
office to serve as the Office; and
(II) selecting the Under Secretary to which the Office will
report;
(ii) the organizational structure of the Office;
(iii) the specific mechanisms through which the Working
Group and Coordinator could improve coordination among
bureaus and offices of the Department involved in the
planning or implementation of security assistance programs
and activities; and
(iv) the process by which the requirement for training
described in section 812 will be fulfilled.
(C) The benefits, feasibility, and steps necessary to
detail personnel--
(i) on a reimbursable basis from the relevant bureaus and
offices of the Department to provide staff to the Office; and
(ii) from USAID, the Department of Defense, and other
relevant Federal departments and agencies to provide staff to
the Office.
(D) An identification of lessons learned from the Security
Governance Initiative (SGI), an assessment of the utility of
expanding the SGI or a similar initiative globally, and a
description of where best to locate the SGI or similar
initiative within the Department.
(E) An identification of an appropriate bureau or office of
the Department, whose head does not report to the Under
Secretary described in subsection (b)(1), to select and
retain the independent research entity described in section
813(c)(4).
(F) A list of recommendations for any additional
legislative measures necessary to improve the capacity and
capabilities of the Department to plan and implement security
assistance programs and activities.
(3) Form.--The plan required under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex if necessary.
(4) Consultation.--Not later than 90 days after the date of
the enactment of this Act, the Secretary 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 and implementation of the
plan required under paragraph (1).
SEC. 812. WORKFORCE DEVELOPMENT.
Not later than 180 days after the date of the enactment of
this Act, the Secretary shall carry out the following: --
(1) Establish curriculum at the Department's Foreign
Service Institute to provide employees of the Department of
State with specialized training with respect to security
assistance. The training should be aligned with the Security
Cooperation Workforce Development Program and developed in
coordination with the Defense Security Cooperation Agency,
including through an agreement under section 1535(a) of title
31, United States Code (commonly referred to as the ``Economy
Act'') or any other appropriate agency-specific authority.
The training shall include the following:
(A) Awareness of the full range of agencies, offices,
personnel, statutory authorities, funds, and programs
involved in security assistance and transfers and the
respective decision-making timelines.
(B) Familiarity with relevant military and police security
force systems and structures and institutions at the time
such training is occurring.
(C) Familiarity with security assistance reform, research
regarding options for improvement, and United States
interagency and external resources and experts.
(D) Familiarity with planning, implementation, and
monitoring and evaluation for programmatic activities.
(E) Familiarity with implementation of--
(i) section 620M of the Foreign Assistance Act of 1961 (22
U.S.C. 2378d) and section 362 of title 10, United States
Code;
(ii) arms transfer requirements under the Arms Export
Control Act (22 U.S.C. 2751 et seq.); and
(iii) best practices related to human rights and civilian
protection.
[[Page H7429]]
(F) Awareness of common risks to effectiveness of security
assistance, including corruption, political instability, and
challenges relating to absorptive capacity, partner
commitment, and transparency.
(2) Coordinate with the Secretary of Defense, to the extent
feasible, to ensure that, in addition to the training
described paragraph (1), individuals who serve in priority
recipient countries or countries that do not meet baseline
norms of governance, as determined by the Under Secretary for
purposes of subsections (d)(1) and (d)(4) of section 813,
obtain higher-level certification through the Defense
Security Cooperation Agency's Defense Institute of Security
Cooperation Studies or through a commensurate program
developed at the Department's Foreign Service Institute prior
to serving at the United States diplomatic post in such
country.
SEC. 813. SECURITY ASSISTANCE PLANNING.
(a) Framework and Standards for Security Assistance.--Not
later than 18 months after the date of the enactment of this
Act, the Coordinator shall create and submit to the Committee
on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate a framework to
be used by relevant bureaus and diplomatic posts to guide
regional and country-specific planning, such as joint
regional strategies or integrated country strategies, with
respect to security assistance. Such framework shall include
the following:
(1) Identification and prioritization of overall goals and
objectives for security assistance, in accordance with the
relevant National Security Strategy.
(2) Criteria for--
(A) determining the commitment and political will of
countries receiving assistance to use such assistance in a
manner that achieves United States objectives;
(B) identifying opportunities and risks created by the
provision of security assistance; and
(C) tailoring and sequencing such assistance accordingly.
(3) Guidance for--
(A) incorporating the assessment, monitoring, and
evaluation program described in subsection (c) into the
strategic planning cycle;
(B) increasing coordination, as appropriate, with other
major international donors to maximize resources and unity of
efforts;
(C) aligning the security assistance programs, projects,
and activities of the Department with other United States
goals of engagement with foreign countries, such as the
promotion of democracy, human rights, governance, and
economic growth, as well as with other United States
assistance authorities, resources, programmatic capabilities,
and activities; and
(D) assessing the impact on Department security assistance
objectives, programs, and activities of United States
military activities in the country or region covered by
country or regional strategy, including the number of United
States forces deployed, the duration of deployment, the
purpose for which they were deployed, and the authority under
which they are operating.
(4) Metrics for assessing the effectiveness of security
assistance in--
(A) increasing the operational access and influence of the
United States;
(B) improving partner capacity and commitment to countering
shared threats and increased burden sharing, including in
ways that enable reallocation of United States military
deployments to other high priority missions;
(C) reducing the underlying drivers of state fragility; and
(D) contributing to the maintenance of existing peace
treaties between recipients of assistance.
(5) A process to ensure that transfers regulated by the
Department that are outside the scope of security assistance,
such as certain direct commercial sales, are factored into--
(A) the implementation of the assessment, monitoring, and
evaluation program described in subsection (c); and
(B) the planning process described in subsection (d).
(b) Definitions Promulgated by the Working Group.--Not
later than 18 months after the date of the enactment of this
Act, the Working Group shall--
(1) in consultation with the Coordinator and bureaus and
offices of the Department that are involved in the planning,
coordination, integration, implementation, or evaluation of
security assistance, develop and promulgate a definition of
the level of security assistance programs, projects, or
activities that mark a country as a recipient of
``significant'' security assistance to merit inclusion in the
assessment, monitoring, and evaluation process described in
subsection (c); and
(2) in consultation with the Coordinator, the Bureau of
Democracy , Human Rights, and Labor, and the heads of other
relevant bureaus of the Department, develop and promulgate a
definition of baseline norms for governance and the rule of
law, including a rubric to assess whether a recipient of
security assistance is abiding by such baseline.
(c) Assessment, Monitoring, and Evaluation.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Coordinator shall develop an
assessment, monitoring, and evaluation program to be
conducted for any country receiving significant security
assistance, as defined in accordance with subsection (b)(1).
(2) Elements.--The program described in paragraph (1) shall
include each of the following elements:
(A) Baseline assessments that consider factors, including--
(i) recipient country threat perceptions and the manner in
which such perceptions may inform the use of security
assistance;
(ii) the recipient's approach to governance and commitment
to rule of law, including the transparency and accountability
of security forces, and the manner in which such approach is
likely to be influenced by security assistance;
(iii) the recipient's capacity to absorb the security
assistance given and to achieve the objectives of such
assistance;
(iv) the human rights record of the recipient, including
for purposes of section 620M of the Foreign Assistance Act of
1961 (22 U.S.C. 2378d) and section 362 of title 10, United
States Code, and any relevant attempts by such recipient to
remedy such record;
(v) country- or region-specific opportunities and risks
that could enhance or impair the outcomes associated with
providing security assistance; and
(vi) indicators of efficacy for security assistance
programs, projects, and activities, for purposes of planning,
monitoring, and evaluation.
(B) Monitoring implementation of security assistance
programs, projects, and activities to measure progress toward
achieving specific targets, metrics, or indicators, as well
as desired outcomes.
(C) Evaluation of the efficiency and effectiveness of
security assistance in achieving desired outcomes.
(D) Identification of lessons learned in carrying out
security assistance and recommendations for improving future
assistance.
(3) Oversight and framework.--The Coordinator shall guide
and support, in coordination with relevant regional and
functional bureaus, the assessment and monitoring described
in paragraph (1) and shall create a common evaluation
framework.
(4) Independent research entity.--Not later than 18 months
after the date of the enactment of this Act, the Secretary
shall enter into a contract with an independent research
entity, such as a federally funded research and development
center or other non-profit entity, that demonstrates
appropriate expertise and analytical capability to evaluate
the capacity of security assistance to achieve desired
outcomes in accordance with the framework created pursuant to
paragraph (3).
(5) Sense of congress.--It is the sense of Congress that
the ability of the Department to measure and assess the
effects of United States security assistance programs and
activities on governance, rule of law, professionalism of
recipient security forces, and institutional capacity
weaknesses of recipient security forces would benefit from
the increased availability of independent research and data.
(d) Security Assistance Planning.--
(1) Prioritization.--Not later than two years after the
date of the enactment of this Act, and annually thereafter,
the Working Group shall develop a list of priority recipient
countries to receive security assistance, on the basis of
policy objectives determined by the Department, and submit
such information in accordance with subsection (f).
(2) Inclusion in regional and country strategies.--Any
comprehensive regional strategy, such as a joint regional
strategy or its equivalent, and any country strategy, such as
an integrated country strategy or its equivalent, that is
produced on or after the date that is 2 years after the date
of the enactment of this Act, and each successor strategy to
such strategy, shall integrate security assistance planning
in a manner that incorporates the elements of the framework
created pursuant to subsection (a) and include an annex
relating to security assistance, which shall include--
(A) the assessment, monitoring, and evaluation metrics
described in subsection (c);
(B) requests to allocate security assistance with respect
to the area covered by the strategy; and
(C) a description of the manner in which such resources
will be used.
(3) Coordination of resources.--In developing annexes
relating to security assistance for inclusion in
comprehensive regional strategies or country strategies in
accordance with paragraph (2), the relevant bureau, office,
or diplomatic post shall coordinate with--
(A) the Office;
(B) the Office of Foreign Assistance Resources, or an
equivalent entity in the Department, regarding the allocation
of resources in line with priorities of the Department of
State for security assistance; and
(C) the Department of Defense and other Federal departments
and agencies that provide security assistance, security
cooperation, or other forms of foreign assistance.
(4) Security assistance, governance, and rule of law.--Not
later than two years after the date of the enactment of this
Act, any annex relating to security assistance described in
paragraph (2) that is included in a country strategy shall
include an assessment by the Under Secretary responsible for
civilian security, democracy, and human rights whether such
country abides by baseline norms for governance and the rule
of law using the rubric promulgated in accordance with
subsection (b)(2). A security assistance
[[Page H7430]]
annex developed in accordance with paragraph (2) for a
country receiving a negative determination shall also include
the following:
(A) Reforms the recipient could undertake, where
practicable, to improve governance and rule of law in order
to create more effective security.
(B) Conditions, which may also be included in the compacts
described in subsection (e), under which the United States
might--
(i) expand or increase security assistance upon verifiable
progress made toward such reforms; and
(ii) restrict or end security assistance as a result of
lack of progress toward such reforms or further deterioration
of norms for governance or the rule of law.
(C) An assessment of the benefits and likelihood of
reaching agreement with the recipient country to devote 1
percent of the total value of all security assistance to such
country for training in-country civilian professionals on
methods to evaluate the fiscal and functional effectiveness
of the security institutions in such country.
(D) The manner in which security assistance will be used to
improve governance, rule of law, and human rights reforms in
such country.
(E) Steps to ensure consultation with the national
legislature and with civil society groups that operate in
such country on the provision of security assistance,
including for the formulation of a compact in accordance with
subsection (e)(2).
(e) Security Assistance Compacts.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Secretary shall seek to enter
into multi-year compacts where appropriate with the
governments of countries that receive security assistance.
Such compacts should include the following elements:
(A) A joint diagnosis of the strengths and challenges of
the recipient country's security institutions, including
priority capacity and capability requirements.
(B) A plan for bilateral security assistance and
cooperation that includes--
(i) a commitment by the recipient specifying the manner in
which security assistance will be used, within a defined
timeframe;
(ii) plans for sustainment by the recipient of any capacity
or capabilities built as a result of such assistance; and
(iii) mutually agreed oversight mechanisms for security
assistance and metrics, to determine whether such assistance
is accomplishing the agreed-upon objectives.
(2) Special provisions.--If the Under Secretary described
in subsection (d)(3) assesses that a country is not abiding
by baseline norms for governance or the rule of law, a
compact under this subsection with such country should, where
practicable, be formulated in consultation with the national
legislature and domestic civil society groups and include
mutually agreed upon reforms and conditions based on those
established as a result of such determination in accordance
with subsection (d)(4).
(f) Reporting Requirements.--Beginning three years after
the date of the enactment of this Act and annually
thereafter, the Secretary shall include with any materials
submitted in support of the budget for that fiscal year that
is submitted to Congress by the President under section
1105(a) of title 31 an unclassified report, that may include
a classified annex, with the following:
(1) A list of priority security assistance recipients,
along with descriptions of the policy objectives that the
Secretary seeks to achieve by providing such assistance to
such recipients, developed pursuant to subsection (d)(1).
(2) A description of the results of the evaluations
conducted pursuant to subsection (c)(4).
(3) A description of the manner in which the Department
will allocate, monitor, and evaluate all security assistance
pursuant to the program described in subsection (c) and the
planning process described in subsection (d).
(4) A description of any updates made during the previous
year to the framework described in subsection (d)(1) and
annex relating to security assistance required under
subsection (d)(2).
(5) The status and impact on United States objectives of
any compacts entered into in accordance with subsection (e)
and of any ongoing efforts to enter into new compacts in
accordance with such subsection.
SEC. 814. INTERAGENCY COORDINATION OF SECURITY ASSISTANCE,
TRANSFERS, AND SECURITY COOPERATION.
(a) Creation of a Common Database.--Not later than two
years after the date of the enactment of this Act, the
Secretary, in coordination with the Secretary of Defense and
other appropriate Federal departments and agencies, shall
maintain a common database of information to permit the
identification of security assistance programs, funding, and
transfers by recipient country.
(b) Coordination With the Department of Defense.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary, in coordination
with the Secretary of Defense, shall submit a report to the
appropriate congressional committees that assesses existing
mechanisms, including provisions under title 10, United
States Code, that require the concurrence of the Secretary of
State, and other applicable provisions of law that provide
for coordination between security assistance programs,
projects, and activities of the Department of State and
security cooperation programs, projects, and activities of
the Department of Defense that includes the following:
(A) An identification of existing coordination mechanisms
for planning, executing, and overseeing security assistance
and security cooperation programs, projects, and activities,
the purpose of such mechanisms, and their efficacy in
practice.
(B) An identification of additional measures that would
improve the speed, simplicity, or agility of each identified
mechanism, with a focus on mechanisms requiring the
concurrence of the Secretary.
(C) An identification of any programs, authorities, or
resources that do not require coordination under existing
law.
(D) An identification of the specific mechanisms to improve
coordination between Department of State bureaus and offices
involved in planning, executing, or overseeing security
assistance programs and activities and the United States
combatant command or commands relevant to such bureaus and
offices.
(E) An assessment of the advisability and feasibility of
expanding existing mechanisms or establishing new mechanisms
to detail employees from Department of State bureaus and
offices involved in planning, executing, or overseeing
security assistance programs and activities to United States
combatant commands and from the Department of Defense to such
Department of State bureaus and offices for the purpose of
improving coordination on security assistance planning and
implementation.
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate.
(c) Sense of Congress.--It is the sense of Congress that
the Secretary of State and the Secretary of Defense should
jointly establish a pilot program to evaluate the
advisability and feasibility of a joint entity to conduct
collaborative planning of security assistance and security
cooperation. The pilot program should--
(1) establish one or more joint planning cells to conduct
collaborative planning between the Department of State and
the Department of Defense for security assistance and
security cooperation programs, projects, and activities in a
specific region or regions;
(2) assign personnel from relevant offices and agencies
within each Department to staff the joint planning cell or
cells; and
(3) assess the advantages and disadvantages of
collaborative interagency planning of security assistance,
and determine whether there are organizational, legal,
policy, or resource barriers to broader adoption of such a
model.
SEC. 815. RULE OF CONSTRUCTION.
Nothing in this subtitle shall affect the implementation of
subsection (h) of section 36 of the Arms Export Control Act
(22 U.S.C. 2776).
Subtitle B--Foreign Military Assistance
SEC. 821. STRATEGIC ALLOCATION OF EXCESS DEFENSE ARTICLES.
(a) In General.--Section 516 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2321j), is amended--
(1) in subsection (b)--
(A) by striking ``(1) The President'' and inserting ``The
President'';
(B) by redesignating subparagraphs (A) through (F) as
paragraphs (1) through (6), respectively, and moving the
margins of each such paragraph two ems to the left; and
(C) by striking ``(2) Accordingly,'' and all that follows
through ``1990.'' ;
(2) in subsection (c)--
(A) by striking paragraph (2) and inserting the following:
``(2) Priority.--Notwithstanding any other provision of
law, excess defense articles under this section shall be
transferred in accordance with United States foreign policy,
including national security priorities as jointly determined
by the Secretary of State, in consultation with the Secretary
of Defense, to the maximum extent feasible.''; and
(B) by adding at the end the following:
``(3) Supporting costs.--The Department of State is
authorized to expend funds available for security assistance
for the refurbishment or upgrade of excess defense articles
transferred under the authority of this section and for
training of foreign security forces directly in relation to
excess defense articles transferred under the authority of
this section, if--
``(A) such assistance is necessary to advance the national
security objectives of the United States in relation to the
recipient country or countries; and
``(B) such costs do not exceed $10 million in relation to a
single transfer of excess defense articles under this
section.'';
(3) in subsection (f)(1), by striking ``$7,000,000'' and
inserting ``$25,000,000''; and
(4) in subsection (g)(1), by striking ``$500,000,000'' and
inserting ``$600,000,000''.
[[Page H7431]]
SEC. 822. MODIFICATION OF PURPOSES FOR WHICH MILITARY SALES
BY THE UNITED STATES ARE AUTHORIZED.
Section 4 of the Arms Export Control Act (22 U.S.C. 2754)
is amended in the first sentence by striking ``internal
security'' and inserting ``legitimate internal security
(including for anti-terrorism purposes)''.
SEC. 823. RETURN OF DEFENSE ARTICLES.
Section 21(m)(1)(B) of the Arms Export Control Act (22
U.S.C. 2761(m)(1)(B)) is amended--
(1) by striking ``(B) is not'' and inserting ``(B)(i) is
not'';
(2) by striking ``; and'' and inserting ``; or''; and
(3) by adding at the end the following:
``(ii) is significant military equipment (as defined in
section 47(9) of this Act) and the Secretary of State has
provided prior approval of the return of such defense article
from the foreign country or international organization;
and''.
SEC. 824. REQUIREMENTS RELATING TO EXEMPTIONS FOR LICENSING
OF DEFENSE ITEMS.
Section 38(j) of the Arms Export Control Act (22 U.S.C.
2778(j)) is amended--
(1) in the subsection heading--
(A) by striking ``Country''; and
(B) by striking ``to Foreign Countries'';
(2) in paragraph (1)(A)--
(A) in the matter preceding clause (i)--
(i) by striking ``a foreign country'' and inserting ``the
North Atlantic Treaty Organization, any member country of
that Organization, the Republic of Korea, Australia, New
Zealand, Japan, or Israel'';
(ii) by inserting ``(except that the President may not so
exempt such Organization, member country, or other country
that is not eligible to acquire defense items under any other
provision of law)'' after ``with respect to exports of
defense items''; and
(iii) by striking ``the foreign country'' and inserting
``such Organization, member country, or other country''; and
(B) in clause (ii)--
(i) by striking ``the foreign country'' and inserting
``such Organization, member country, or other country''; and
(ii) by striking ``under their domestic laws'';
(3) in paragraph (2)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i)--
(I) by striking ``, at a minimum,'';
(II) by striking ``the foreign country'' and inserting
``the Organization, member country, or other country referred
to in paragraph (1)''; and
(III) by striking ``to revise its policies and practices,
and promulgate or enact necessary modifications to its laws
and regulations to establish'' and inserting ``to establish
and maintain'';
(ii) in clause (i), by striking ``the foreign country'' and
inserting ``such Organization, member country, or other
country''; and
(iii) in clause (ii), by striking ``retransfer control
commitments, including securing'' and inserting ``retransfer
controls that secure'';
(B) in subparagraph (B)--
(i) in the matter preceding clause (i)--
(I) by striking ``, at a minimum,'';
(II) by striking ``the foreign country'' and inserting
``the Organization, member country, or other country referred
to in paragraph (1)''; and
(III) by striking ``to revise its policies and practices,
and promulgate or enact necessary modifications to its laws
and regulations''; and
(ii) in clause (iv), by striking ``the foreign country''
and inserting ``the member country or other country''; and
(4) in paragraph (3)--
(A) in the matter preceding subparagraph (A), by striking
``a foreign country'' and inserting ``the Organization,
member country, or other country referred to in paragraph
(1)'';
(B) in subparagraph (A), by striking ``that foreign
country'' and inserting ``such Organization, member country,
or other country'';
(C) in subparagraph (B)--
(i) by striking ``the foreign country'' and inserting
``such Organization, member country, or other country''; and
(ii) by striking ``has promulgated or enacted all necessary
modifications to its laws and regulations to comply'' and
inserting ``has taken such actions to comply''; and
(D) in subparagraph (C)--
(i) by striking ``a foreign country'' and inserting ``such
Organization, member country, or other country''; and
(ii) by striking ``that country'' and inserting ``such
Organization, member country, or other country''.
SEC. 825. AMENDMENT TO GENERAL PROVISIONS.
Section 42(a) of the Arms Export Control Act (22 U.S.C.
2791(a)) is amended in the first sentence by inserting ``on a
competitive basis'' after ``procurement in the United
States''.
SEC. 826. TECHNICAL AMENDMENTS TO ARMS EXPORT CONTROL ACT.
Section 36(b)(6) of the Arms Export Control Act (22 U.S.C.
2776(b)(6)) is amended by inserting ``the North Atlantic
Treaty Organization or'' before ``a member country''.
SEC. 827. SENSE OF CONGRESS ON LICENSING UNDER UNITED STATES
ARMS EXPORT CONTROL PROGRAMS.
It is the sense of Congress that, in implementing reforms
of United States arms export licensing regimes, the President
should prioritize the development of a new framework to
improve and streamline licensing, including by seeking to
revise the Special Comprehensive Export Authorizations for
exports to the North Atlantic Treaty Organization, any member
country of that Organization, Sweden, or any other country
described in section 36(c)(2)(A) of the Arms Export Control
Act (22 U.S.C. 2776(c)(2)(A)) under section 126.14 of title
15, Code of Federal Regulations (relating to the
International Traffic in Arms Regulations).
SEC. 828. EXTENSION OF WAR RESERVE STOCKPILE AUTHORITY.
(a) Department of Defense Appropriations Act, 2005.--
Section 12001(d) of the Department of Defense Appropriations
Act, 2005 (Public Law 108-287; 118 Stat. 1011) is amended by
striking ``2020'' and inserting ``2021''.
(b) Stockpiling of Defense Articles for Foreign
Countries.--Section 514(b)(2)(A) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by striking
``and 2020'' and inserting ``2020, and 2021''.
SEC. 829. PEACEKEEPING OPERATIONS AND OTHER NATIONAL SECURITY
PROGRAMS.
(a) Authority.--
(1) In general.--Section 551 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2348) is amended--
(A) in the first sentence, by striking ``The President''
and inserting ``(a) The President''; and
(B) by adding at the end the following:
``(b) Funds authorized to be appropriated under this
chapter may also be used to provide assistance to enhance the
capacity of foreign civilian security forces (as such term is
defined in section 841(c) of the International Security
Assistance Act of 2019) to participate in peacekeeping and
counterterrorism operations, and to promote greater
participation of women in such peacekeeping operations.
``(c) Funds authorized to be appropriated under this
chapter to provide assistance to friendly foreign countries
for purposes other than support for multilateral peacekeeping
operations shall be subject to the certification requirements
of section 36 of the Arms Export Control Act (22 U.S.C.
2776).''.
(2) Disarmament and reintegration.--
(A) In general.--Notwithstanding any other provision of
law, funds authorized to be appropriated under any provision
of law for peacekeeping operations may be made available to
support programs to disarm, demobilize, and reintegrate into
civilian society former members of foreign terrorist
organizations, and to promote greater participation of women
in such programs.
(B) Consultation.--The Secretary shall consult 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 prior to obligating funds
described in subparagraph (A).
(C) Definition.--In this paragraph, the term ``foreign
terrorist organization'' means an organization designated as
a terrorist organization under section 219(a) of the
Immigration and Nationality Act (8 U.S.C. 1189(a)).
(b) Notification.--The Secretary shall notify 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
at least 15 days prior to obligating funds under any
provision of law for peacekeeping operations.
(c) Conforming Amendment.--The heading for chapter 6 of
part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2348
et seq.) is amended by adding at the end the following: ``and
Other National Security Programs''.
SEC. 830. OTHER AMENDMENTS TO MILITARY ASSISTANCE
AUTHORITIES.
The Foreign Assistance Act of 1961 is amended as follows:
(1) In section 516 (22 U.S.C. 2321j)--
(A) in subsection (a), by striking ``countries'' and
inserting ``countries, regional organizations, and
international organizations'';
(B) in subsection (b)(5), as redesignated by section
821(a)(1)(B), by striking ``countries'' and inserting
``countries, regional organizations, and international
organizations'';
(C) in subsection (c)(1), by striking ``recipient country''
and inserting ``recipient country or organization'';
(D) in subsection (f)(2)--
(i) in subparagraph (A), by striking ``country'' each place
it appears and inserting ``country or organization''; and
(ii) in subparagraph (C), by striking ``countries'' and
inserting ``countries or organizations''; and
(E) in subsection (h), by striking ``country'' and
inserting ``country and organization''.
(2) In section 620M (22 U.S.C. 2378d)--
(A) in subsection (d)(7), by striking ``to the maximum
extent practicable'' and inserting ``unless such disclosure
would endanger the safety of human sources or reveal
sensitive intelligence sources and methods''; and
(B) by adding at the end the following:
``(e) Report.--
``(1) In general.--Not later than January 31 of each year,
the Secretary of State shall submit to 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,
a report on the vetting process of units of security forces
of foreign countries established to comply with this section.
[[Page H7432]]
``(2) Matters to be included.--The report required under
paragraph (1) shall include the following:
``(A) The total number of units submitted for vetting
during the prior calendar year, and the number of such units
that were approved, suspended, or rejected for human rights
reasons.
``(B) The name of such units rejected during the prior
calendar year and a description of the steps taken to assist
the government of the foreign country in bringing the
responsible members of such units to justice, in accordance
with subsection (c).
``(C) An updated list of the units with respect to which no
assistance is to be furnished pursuant to subsection (a).''.
(3) In section 622(c) (22 U.S.C. 2382(c)), by inserting
``law enforcement and justice sector assistance,'' before
``military assistance,''.
(4) In section 656(a)(1) (22 U.S.C. 2416(a)(1)), by
striking ``January 31'' and inserting ``March 1''.
SEC. 831. REPEAL OF REPORTS.
(a) Repeal of Annual Report on World Military Expenditures
and Arms Transfers.--Section 404 of the Arms Control and
Disarmament Act (22 U.S.C. 2593b) is hereby repealed.
(b) Repeal of Annual Report Relating to the Commission on
Security and Cooperation in Europe.--Section 5 of Public Law
94-304 (22 U.S.C. 3005) is hereby repealed.
(c) Repeal of Report on Assistance Relating to
International Terrorism.--Section 502 of the International
Security and Development Cooperation Act of 1985 (22 U.S.C.
2349aa-7) is amended--
(1) by striking subsection (b); and
(2) by redesignating subsection (c) as subsection (b).
SEC. 832. DEFENSE TRADE CONTROLS REGISTRATION FEES.
Section 45 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2717) is amended--
(1) in the first sentence--
(A) by inserting ``defense trade controls'' after ``100
percent of the''; and
(B) by striking ``the Office of Defense Trade Controls
of''; and
(2) in the second sentence--
(A) in the matter preceding paragraph (1), by inserting
``management, licensing, compliance, and policy activities in
the defense trade controls function, including'' after
``incurred for'';
(B) in paragraph (1), by striking ``contract personnel to
assist in'';
(C) in paragraph (2), by striking ``and'' at the end;
(D) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(E) by adding at the end the following:
``(4) the facilitation of defense trade policy development
and implementation, review of commodity jurisdiction
determinations, public outreach to industry and foreign
parties, and analysis of scientific and technological
developments as they relate to the exercise of defense trade
control authorities; and
``(5) contract personnel to assist in such activities.''.
SEC. 833. WITHHOLDING OF ASSISTANCE TO UNITS OF FOREIGN
SECURITY FORCES THAT ENGAGED IN SEXUAL
EXPLOITATION OR ABUSE IN PEACEKEEPING
OPERATIONS.
The Foreign Assistance Act of 1961 is amended by inserting
after section 554 the following:
``SEC. 555. WITHHOLDING OF ASSISTANCE TO UNITS OF FOREIGN
SECURITY FORCES THAT ENGAGED IN SEXUAL
EXPLOITATION OR ABUSE IN PEACEKEEPING
OPERATIONS.
``(a) In General.--The Secretary of State should withhold
assistance to any unit of the security forces of a foreign
country if the Secretary has credible information that such
unit has engaged in sexual exploitation or abuse, including
while serving in a United Nations peacekeeping operation,
until the Secretary determines that the government of such
country is taking effective steps to hold the responsible
members of such unit accountable and to prevent future
incidents.
``(b) Notice.--The Secretary of State--
``(1) shall promptly notify the government of each country
subject to any withholding of assistance pursuant to this
section; and
``(2) shall notify the appropriate congressional committees
of such withholding not later than 10 days after a
determination to withhold such assistance is made.
``(c) Assistance.--The Secretary of State shall, to the
maximum extent practicable, assist the government of each
country subject to any withholding of assistance pursuant to
this section in bringing the responsible members of such unit
of the security forces of the country to justice.
``(d) Appropriate Congressional Committees Defined.--In
this section, the term `appropriate congressional committees'
means--
``(1) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives; and
``(2) the Committee on Foreign Relations and the Committee
on Appropriations of the Senate.''.
SEC. 834. MODIFICATION TO LIMITATIONS ON ASSISTANCE RELATING
TO HUMAN RIGHTS.
(a) Modification to the Limitation on Assistance to
Security Forces.--Subsection (a) of section 620M of the
Foreign Assistance Act of 1961 (22 U.S.C. 2378d) is amended--
(1) by inserting ``, including any combined security
activities or operations with any such unit,'' after ``of a
foreign country''; and
(2) by inserting ``, including any act that constitutes a
war crime, as such term is defined in section 2441 of title
18, United States Code'' after ``gross violation of human
rights''.
(b) Modification to Limitation on Security Assistance.--
Subsection (d)(1) of section 502B of the Foreign Assistance
Act of 1961 (22 U.S.C. 2304) is amended by inserting ``any
act that constitutes a war crime, as such term is defined in
section 2441 of title 18, United States Code,'' after ``the
abduction and clandestine detention of those persons,''.
Subtitle C--Studies on Authorities and Programs
SEC. 841. REQUIREMENT FOR STUDY BY BUREAU OF INTERNATIONAL
NARCOTICS AND LAW ENFORCEMENT AFFAIRS.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Assistant Secretary for the Bureau
of International Narcotics and Law Enforcement, in
consultation with the heads of other relevant bureaus of the
Department, shall submit to the Committee on Foreign Affairs
of the House of Representatives and the Committee on Foreign
Relations of the Senate a report detailing all existing
programs, and their statutory authorities, that provide
training, advice, equipment, and other support to eligible
foreign civilian security forces and institutions.
(b) Matters to Be Included.--Such a report shall assess the
following:
(1) The benefits and costs of consolidating the number of
such programs and expanding the scope of such programs, as
appropriate.
(2) The prospects for improving coordination among such
programs.
(3) The impact of repealing section 660 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2420), including--
(A) the potential opportunities such repeal would create
for expanding existing programs or establishing new programs
to improve the capacity, capabilities, and professionalism of
such civilian security forces and institutions, including
with respect to pay and promotions, benefits, leadership, and
administration; and
(B) the required elements necessary to ensure that any such
program would enhance rule of law and safeguard human rights.
(c) Civilian Security Forces.--In this section, the term
``civilian security forces'' includes non-military security
forces at the national, state, district, or local level that
are responsible for internal security, do not report to a
defense ministry or similar or related defense or military
entity of a foreign government, and are assigned
responsibility for one or more of the following:
(1) Law enforcement.
(2) Border security.
(3) Maritime and port security.
(4) Customs law enforcement.
(5) Sanctions monitoring and enforcement.
(6) Counterterrorism.
(7) Counter-narcotics.
(8) Counterproliferation.
(9) Counter-transnational organized crime.
(10) Improving the administration of justice.
(11) Promoting respect for human rights.
(12) Promoting the rule of law.
SEC. 842. REQUIREMENT FOR INDEPENDENT STUDY OF EXISTING
SECURITY ASSISTANCE AUTHORITIES.
(a) In General.--Not later than 60 days after the date of
the enactment of this Act, the Secretary shall enter into a
contract with a federally funded research and development
center with appropriate expertise and analytical capability
to carry out the study described in subsection (b).
(b) Study.--The study required by subsection (a) shall
provide for a comprehensive examination of--
(1) the history and evolution of existing security
assistance authorities and the original intent of such
authorities;
(2) areas in which--
(A) such authorities have deviated from such original
intent and explanations why; and
(B) such authorities overlap or compete with one another;
and
(3) recommendations for consolidating, replacing, or
otherwise adapting such authorities, as well as for
establishing new ones, to include recommendations for
differentiating authorities based on the capacity and
capabilities they build as opposed to by issue or purpose.
(c) Report.--
(1) To the secretary.--Not later than one year after the
date on which , the Secretary enters into a contract pursuant
to subsection (a), the independent research entity that has
entered into a contract with the Secretary shall submit to
the Secretary a report containing--
(A) the results of the study required by subsection (a);
and
(B) such recommendations to improve the effectiveness of
existing security assistance authorities as the entity
considers to be appropriate.
(2) To congress.--Not later than 30 days after receipt of
the report under paragraph (1), the Secretary shall submit
such report, together with any additional views or
recommendations of the Secretary, to the Committee on Foreign
Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate.
TITLE IX--MISCELLANEOUS
SEC. 901. CASE-ZABLOCKI ACT REFORM.
Section 112b of title 1, United States Code, is amended--
[[Page H7433]]
(1) in subsection (a), 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 not later than 20 days
after such agreement has been signed.''.
SEC. 902. 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. 903. PROHIBITION ON ASSISTANCE TO GOVERNMENTS SUPPORTING
INTERNATIONAL TERRORISM.
(a) Prohibition.--Subsection (a) of section 620A of the
Foreign Assistance Act of 1961 (22 U.S.C. 2371) is amended by
striking ``that the government of that country'' and all that
follows and inserting ``that the government of that country--
``(1) has repeatedly provided support for acts of
international terrorism;
``(2) grants sanctuary from prosecution to any individual
or group which has committed an act of international
terrorism;
``(3) otherwise supports international terrorism; or
``(4) is controlled by an organization designated as a
foreign terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).''.
(b) Rescission.--Subsection (c) of such section is amended
by striking ``and the Chairman of the Committee on Foreign
Relations of the Senate'' and inserting ``, the Committee on
Foreign Affairs of the House of Representatives, the
Committee on Foreign Relations of the Senate, and the
Committees on Appropriations of the House of Representatives
and the Senate''.
(c) Waiver.--Subsection (d)(2) of such section is amended
by striking ``and the chairman of the Committee on Foreign
Relations of the Senate'' and inserting ``, the Committee on
Foreign Affairs of the House of Representatives, the
Committee on Foreign Relations of the Senate, and the
Committees on Appropriations of the House of Representatives
and the Senate''.
(d) Prohibition on Lethal Military Equipment Exports.--Such
section, as so amended, is further amended by adding at the
end the following:
``(e) Prohibition on Lethal Military Equipment Exports.--
``(1) Prohibition.--
``(A) In general.--The United States shall not provide any
assistance under this Act or section 23 of the Arms Export
Control Act to any foreign government that provides lethal
military equipment to a country the government of which the
Secretary of State has determined supports international
terrorism for purposes of section 1754(c) of the Export
Control Reform Act of 2018.
``(B) Termination.--The prohibition on assistance under
subparagraph (A) with respect to a foreign government shall
terminate 12 months after such government ceases to provide
the lethal military equipment described in such subparagraph.
``(C) Applicability.--This subsection applies with respect
to lethal military equipment provided under a contract
entered into after October 1, 1997.
``(2) Waiver.--The President may waive the prohibition on
assistance under paragraph (1) with respect to a foreign
government if the President determines that to do so is
important to the national interest of the United States.
``(3) Report.--Upon the exercise of the waiver authority
pursuant to paragraph (2), the President shall submit to the
appropriate congressional committees a report with respect to
the furnishing of assistance under the waiver authority,
including--
``(A) a detailed explanation of the assistance to be
provided;
``(B) the estimated dollar amount of such assistance; and
``(C) an explanation of how the assistance furthers the
national interest of the United States.
``(4) Appropriate congressional committees defined.--In
this subsection, the term `appropriate congressional
committees' means--
``(A) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives; and
``(B) the Committee on Foreign Relations and the Committee
on Appropriations of the Senate.''.
SEC. 904. ESTABLISHING A COORDINATOR FOR ISIS DETAINEE
ISSUES.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the President, acting through the
Secretary, may designate an existing official within the
Department to serve as senior-level coordinator to
coordinate, in conjunction with other relevant Federal
departments and agencies, all matters for the United States
Government relating to the long-term disposition of ISIS
detainees, including all matters in connection with--
(1) repatriation, transfer, prosecution, and intelligence-
gathering;
(2) coordinating a whole-of-government approach with other
countries and international organizations, including
INTERPOL, to ensure secure chains of custody and locations of
ISIS detainees;
(3) coordinating the provision of technical and evidentiary
assistance to foreign countries to aid in the successful
prosecution of ISIS detainees; and
(4) all multilateral and international engagements led by
the Department and other relevant Federal departments and
agencies that are related to the current and future handling,
detention, or prosecution of ISIS detainees.
(b) Retention of Existing Authority.--The appointment of a
senior-level coordinator pursuant to subsection (a) shall not
deprive any Federal department or agency of any existing
authority to independently perform the functions of that
agency relating to ISIS detainees.
(c) ISIS Detainee Defined.--In this section, the term
``ISIS detainee'' means a captured individual--
(1) who allegedly fought for or supported the Islamic State
of Iraq and Syria; and
(2) who is a national of a country other than Iraq or
Syria.
SEC. 905. 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. 906. 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
[[Page H7434]]
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.
TITLE X--BUDGETARY EFFECTS
SEC. 1001. 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Engel) and the gentleman from Texas (Mr. McCaul) each will
control 20 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. ENGEL. Mr. Speaker, I ask unanimous consent that all Members have
5 legislative days in which to revise and extend their remarks and
include extraneous material on H.R. 3352.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. ENGEL. Mr. Speaker, I yield myself such time as I may consume.
Let me first of all thank our ranking member on the Foreign Affairs
Committee, Mr. McCaul of Texas, for working with me closely to bring
this bipartisan piece of legislation forward.
Mr. Speaker, one of our top priorities on the Foreign Affairs
Committee is making sure that diplomacy is a pillar of American foreign
policy. Diplomacy is the tool, Mr. Speaker, that we use around the
world to defuse crises, to prevent conflicts, and to help build peace,
stability, and prosperity. We use diplomacy, along with development, to
strengthen friendships and to bridge divides.
We invest in these efforts because they help us project our values
around the world, support democracy, human rights, and our country's
spirit of compassion and generosity. We invest in diplomacy and
development because they enhance our security.
Countries in regions that are more stable and governments that are
more transparent and accountable mean that we have better partners on
the world stage; they mean fewer places where conflict may erupt or
extremism may take root.
The violence we can forestall through diplomacy means one less place
where we may need to put American servicemembers in harm's way. So you
would think, Mr. Speaker, with all the tremendous dividends we see from
diplomacy and development, that the Congress would make sure that our
agencies and our personnel responsible for this work always have the
support and resources they need and that we are working constantly to
provide the tools needed to meet 21st century global challenges. That
is why it is so amazing, Mr. Speaker, that the last time a State
Department authorization was signed into law was the year 2002.
Just think of all the issues we are grappling with around the world
that we could not have envisioned 17 years ago. We are asking the State
Department to counter terrorist propaganda on social media. But the
last time Congress gave the State Department its legislative due was 2
years before Facebook was invented, right around the time the first
smartphones were coming on the market.
Let me be clear. Our diplomats have done a great job dealing with the
challenges America faces, and our inability to get a State Department
authorization signed into law is not for lack of trying. The Foreign
Affairs Committee and the House have passed a number of bills that just
did not make it across the finish line.
With the bill we are considering today, I hope we are starting a new
trend. It contains a wealth of good provisions. I view it as an
important start in breathing new life into the comprehensive, regular
authorizing work Congress should do to support America's diplomacy and
development efforts.
It will help the Department recruit and retain a diverse workforce so
that our diplomats--our face to the world--look like the country they
are representing.
It will enhance our Embassy and information security to keep these
dedicated public servants safe. It authorizes absolutely essential
investments in Embassy security, construction, and maintenance.
It will help to streamline the Department's management structure,
strip out duplication, and cut away the deadwood from outdated reports.
This will make sure the agency is flexible and nimble in a rapidly
changing world.
It will focus on smart planning and rigorous evaluation so we know we
are being effective in our diplomatic efforts.
Beyond what is in the bill, Mr. Speaker, I am especially proud of
what this bill stands for. I have tremendous respect for our colleagues
on the Armed Services Committee and the Permanent Select Committee on
Intelligence. I salute their work in regularly passing authorizing
legislation for the agencies they oversee.
If we are serious about diplomacy and development as critical parts
of our foreign policy and essential to our national security, then
there is absolutely no reason that a State Department authorization
bill should not be part of Congress' regular work.
{time} 1545
Our committee has shown again and again that we can work together in
a bipartisan way to advance our country's security. We pass a lot of
legislation, often small fixes around the edges to get at a particular
challenge.
With an authorization bill, we are sending a stronger message to our
diplomats: As you carry out your critical and often dangerous work, we
are going to have your backs.
Mr. Speaker, I am pleased that we are advancing this bill today, and
I reserve the balance of my time.
Mr. McCAUL. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of the State Department
Authorization Act of 2019, which I was proud to draft with the
gentleman from New York (Mr. Engel), my friend and chairman of the
Committee on Foreign Affairs, and I thank him for his strong
bipartisanship.
The last State Department reauthorization was signed into law in
2002. Imagine that, 2002, 1 year after 9/11.
In the 16 years since that authority lapsed, we have seen too many
taxpayer dollars wasted on inefficient hiring and procurements, an
expanding bureaucracy, and an outdated IT system that left us
vulnerable to cyberattacks from foreign nations, states, and hackers.
It is the fundamental duty of the House Committee on Foreign Affairs
to pass an annual authorization bill. This is necessary to fulfill our
constitutional Article I oversight responsibilities and our obligation
to be good stewards of the people's money.
For these reasons, I am proud of this bipartisan bill that our
committee has produced. It will address numerous longstanding
difficulties. It will also fortify the Department and our diplomats
with the tools they need to fulfill their missions to promote America
overseas and enhance our national security.
Among other important reforms, the bill before us will modernize the
workforce, eliminate outdated reports and special offices, prohibit
expensive and unnecessary construction practices, impose rigorous
monitoring and evaluation metrics, save taxpayer dollars, and reassert,
as I mentioned before, our Article I prerogatives of Congress.
As the United States faces growing challenges from nation-states
around the world, like Russia, China, Iran, and North Korea, we need
our Secretary and our diplomats to know that Congress fully supports
them, and this bill does just that.
Mr. Speaker, I thank Chairman Engel, again, and his team for working
with my staff and our members to ensure that this is a strongly
bipartisan product; otherwise, it could not pass the House, Senate, and
be signed into law. The chairman knows that, and I want to thank him,
again, for working with me on this important legislation that we really
haven't seen in over a decade.
This type of collaboration has been a hallmark of our work in this
committee. I, for one, am very proud of
[[Page H7435]]
that work, and I know Chairman Engel is as well.
Mr. Speaker, I ask my colleagues to vote in favor of this long
overdue bill, which deserves our unanimous support, and I reserve the
balance of my time.
Mr. ENGEL. Mr. Speaker, I thank the gentleman from Texas (Mr. McCaul)
for his kind words and his hard work.
Mr. Speaker, I yield 2 minutes to the gentlewoman from Virginia (Ms.
Spanberger), a valued member of the House Committee on Foreign Affairs.
Ms. SPANBERGER. Mr. Speaker, I rise today in support of H.R. 3352,
the Department of State Authorization Act.
I would like to first take a moment to thank Chairman Engel and
Ranking Member McCaul for their leadership on this authorization, the
first in more than a decade. Truly, we are overdue.
As a former intelligence officer who has served abroad, I can attest
to the vital contributions of the State Department and its workforce in
keeping our American families safe and secure.
We need to give our diplomatic corps, civil service officers, and
support staff the tools, resources, and training they deserve as they
protect and uphold U.S. interests and values around the world.
Among this bill's strong provisions, I am proud to see my amendment
pass committee to keep the State Department workforce safe from sexual
harassment and assault.
Additionally, I urge my colleagues to approve my amendment to approve
the security assistance coordination between the Department of State
and the Department of Defense. This amendment would help Congress and
the American people better understand how our military deployments
support our diplomatic priorities.
I encourage my colleagues to support this important bill and to
recognize and reinforce our appreciation for the tireless work of our
diplomatic and civil service corps.
Mr. McCAUL. Mr. Speaker, I yield 3 minutes to the gentleman from
Florida (Mr. Yoho), ranking member of the Foreign Affairs Subcommittee
on Asia, the Pacific, and Nonproliferation.
Mr. YOHO. Mr. Speaker, I would like to thank the gentleman from New
York (Mr. Engel), chairman of the House Committee on Foreign Affairs,
for bringing this bill up, and the gentleman from Texas (Mr. McCaul),
my good friend and colleague, the lead Republican on the House
Committee on Foreign Affairs.
I can't tell you how important this bill is, and I rise today in
support of H.R. 3352, the Department of State Authorization Act of
2019.
You heard how long it has been since we have passed this. It recently
passed out of the Foreign Affairs Committee with wide bipartisan
support. This is the hallmark of the Foreign Affairs Committee, and it
shows the good work that is done and how important this is, and that is
why the Foreign Affairs Committee is the most important committee in
the House.
This legislation helps support the important work that the State
Department does and its diplomats do to protect our national security.
I have had the honor to travel on codels that are so important, and I
encourage Members to do that, because it strengthens America's foreign
policy, our engagement, and it leaves a belief in those other countries
that America is here to be allies.
What I am always amazed at is the hard work of our State Department
employees; and not reauthorizing a bill that gives them the ability to
work, it kind of affects their attitude. So this is a critical bill to
be approved at this time.
Despite the essential need for a fully functioning, operational
Department, this is the first time in 6 years that there has been a
comprehensive Department of State authorization bill.
It is the duty of the House Foreign Affairs Committee and the
Congress as a whole to provide our departments with the necessary tools
to advance the United States' foreign policy.
Again, I thank Chairman Engel and Ranking Member McCaul for including
the language from my bill, H.R. 1677, which repeals certain foreign
affairs reporting requirements within the State Department. This
provision will repeal, again, the unnecessary, redundant requirements
that are outdated and no longer needed.
I would also like to commend my colleagues in the House Committee on
Foreign Affairs, the staff for coming together and supporting a
bipartisan bill that will protect America's national security. We must
not let partisan divide continue to handicap our diplomats and their
mission.
Mr. Speaker, I urge my colleagues on both sides of the aisle to
support the passage of this bill.
Mr. ENGEL. Mr. Speaker, I yield 2 minutes to the gentleman from
Virginia (Mr. Connolly).
Mr. CONNOLLY. Mr. Speaker, I thank the chairman for yielding.
Mr. Speaker, I rise today in support of H.R. 3352, the Department of
State Authorization Act of 2019. This legislation helps put our
diplomacy and development missions on firm footing by updating long-
neglected authorities to reflect facts on the ground and strengthening
the State Department's operations and workforce.
Diversity is a unique source of that strength and for our economy and
national security. We must ensure that our Federal workforce reflects
the American people it serves. That is why I am grateful that this bill
includes the bulk of my National Security Diversity and Inclusion
Workforce Act, H.R. 2979, promoting diversity in Federal national
security offices.
That bill and the authorization bill before us today require regular
reporting on demographic data related to State Department's workforce
and diversity efforts and encourages State to expand recruitment and
retention programs to facilitate a diverse workforce that looks like
America.
I want to thank the chairman, in particular, and the ranking member
for including this amendment as part of the bill to incentivize senior
leaders to foster an inclusive environment and offer a career
advancement program for senior positions, also encouraging a diverse
participation.
I have collaborated with Federal employee groups to promote diversity
within Federal agencies, and I welcome the opportunity to take a
comprehensive approach in this bill.
Mr. Speaker, I was a staff member on the Senate Foreign Relations
Committee for 10 years, and I helped write the last foreign aid bill,
and that was in 1985. As the ranking member noted, it has been 17 years
since we have brought a State Department authorization bill to full
force in the law.
Credit goes to Chairman Engel and Ranking Member McCaul and their
respective staffs for bringing us to this point and, frankly, without
any kind of adversity. It was the smoothest markup of a State
Department bill I ever recall, and my hat is off to them. Mr. Speaker,
they deserve a lot of congratulations. It is a good model for this
bill.
Mr. McCAUL. Mr. Speaker, I yield 3 minutes to the gentleman from
Texas (Mr. Wright), a member of the House Committee on Foreign Affairs.
Mr. WRIGHT. Mr. Speaker, I rise today in support of the Department of
State Authorization Act of 2019.
For our government to function as efficiently and effectively as
possible, it is critical for us to revisit the resources and
responsibilities of each department from time to time. As everyone has
noted, but it is worth repeating, it has been 17 years since we enacted
a comprehensive authorization bill for the State Department.
H.R. 3352, which enjoys broad bipartisan support, will bring our
diplomacy into the future and save valuable taxpayer dollars by
reasserting congressional authority, streamlining programs, eliminating
duplicative reporting, and requiring measurements of programs' success.
Mr. Speaker, I thank Chairman Engel and lead Republican McCaul for
including my bill, the Energy Diplomacy Act, in H.R. 3352.
Since 1977, when Congress formally gave the Secretary of State
primary authority over energy-related foreign policy, there have been
significant changes in the global energy landscape:
The United States is now the world's top producer of petroleum
natural gas;
We have also seen increased weaponization of energy by Russia against
our EU and NATO allies, transforming energy into a critical national
security issue.
This new challenge requires reaffirmed dedication and focus. The
Energy Diplomacy Act does just that by
[[Page H7436]]
authorizing an Assistant Secretary of State for Energy Resources and
defining our energy security and diplomatic priorities.
This will ensure the State Department has adequate personnel to carry
out its mandate and protect and advance the energy security interests
of the United States, as well as those of our allies abroad.
Finally, this will advance U.S. energy exports by instructing our
diplomats to work in tandem with U.S. energy companies operating
abroad.
Combating Russia's maligned influence in Europe has been at the
forefront of the House Committee on Foreign Affairs' agenda this year,
and I firmly believe pushing back on Russia's energy dominance in
Europe must be part of our strategy.
Mr. Speaker, I want to thank, again, the gentleman from New York (Mr.
Engel), the chair, and the gentleman from Texas (Mr. McCaul), the lead
Republican, for including the Energy Diplomacy Act in this bill, and I
urge my colleagues to support the Department of State Authorization
Act.
Mr. ENGEL. Mr. Speaker, I reserve the balance of my time.
Mr. McCAUL. Mr. Speaker, I yield myself such time as I may consume to
close.
I just want to say, as I said at the beginning, how proud I am to
work with Chairman Engel, to draft this critical and overdue
authorization bill.
I think it was mentioned previously, I think this is the most
bipartisan committee on the Hill, and it should be, because we
shouldn't bring partisanship to this body on issues of importance like
this.
I want to thank the staff on the majority side for working with my
staff on the minority side, and particularly, I want to thank Grant
Mullins on my staff for his excellent work on this bill.
This doesn't happen by accident. It happens by design, and it happens
when the staff can work together because the chair and the ranking
member send a message, a message of leadership, in a tone that we want
to get this done in a bipartisan way. And the beauty of that is, Mr.
Speaker, that will give this bill, this authorization, the first one we
have seen since 2002, the best opportunity to pass the Senate and be
signed into law.
And, Mr. Speaker, this will be a hallmark of this Congress, I
believe, when that fine event happens. It is exercising our
constitutional prerogatives under Article I and our oversight role on
the House Committee on Foreign Affairs.
Mr. Speaker, I yield back the balance of my time.
Mr. ENGEL. Mr. Speaker, I yield myself such time as I may consume for
purposes of closing.
Mr. Speaker, once again, let me thank the gentleman from Texas (Mr.
McCaul), my friend and partner, for his partnership.
This legislation really does represent the product of close
bipartisan work on this committee since the start of this Congress. So
I wish to thank the gentleman from Texas (Mr. McCaul) and other members
of the committee, both Democrats and Republicans.
And, again, I hope with this bill's passage today, the House is
turning over a new leaf. Mr. Speaker, I am committed to making sure
authorizing legislation for the State Department is something we do
regularly and is something that this body considers as a must pass.
I am proud of our work on this bill. I want to thank my staff. I want
to thank the staff on the minority side, as well. I am very proud of
all of us working together as a team.
I urge all Members to support this, and, again, I thank the gentleman
from Texas (Mr. McCaul).
Mr. Speaker, I yield back the balance of my time.
{time} 1600
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. Engel) that the House suspend the rules
and pass the bill, H.R. 3352, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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