[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4026 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4026

To expedite and expand provision of American Citizen Services worldwide 
         during the COVID-19 pandemic, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2020

Mr. Markey (for himself, Mr. Blumenthal, and Mr. Casey) introduced the 
 following bill; which was read twice and referred to the Committee on 
                           Foreign Relations

_______________________________________________________________________

                                 A BILL


 
To expedite and expand provision of American Citizen Services worldwide 
         during the COVID-19 pandemic, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Expanding Vital American Citizen 
Services Overseas (EVACS) Act of 2020''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) There is an unprecedented need for American Citizen 
        Services from the Department of State and its posts globally 
        during the COVID-19 pandemic.
            (2) Consistent intake of new Foreign Service Officers and 
        Foreign Service Specialists is integral to protecting Americans 
        worldwide.
            (3) American Citizen Services include, among other 
        services, emergency passports, consular reports of birth 
        abroad, virtual or in-person welfare visits of United States 
        citizens who are imprisoned or hospitalized, emergency 
        financial assistance, and repatriation of United States 
        citizens, as well as repatriation of remains when deaths occur 
        abroad.
            (4) Consular systems worldwide, as well as previously 
        established crisis management task force procedures, are unable 
        to handle the remote workload and requirements for social 
        distancing simultaneously.
            (5) The Department of State has increased need for personal 
        protective equipment for its staff worldwide as they fulfill 
        the mission to provide American Citizen Services and perform 
        other essential diplomatic duties.
            (6) Current United States laws and regulations are not 
        adequate to meet worldwide needs such as the sudden demand for 
        evacuation of United States citizens, combined with reduced or 
        nonexistent private airline capacity, and the reduced staffing 
        capabilities and remote processing of American Citizen Services 
        requests.

SEC. 3. SENSE OF CONGRESS.

    The Secretary of State should take steps to ensure the expedited 
and expanded provision of American Citizen Services from the Department 
of State during the COVID-19 pandemic and future global emergencies.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) ACS; american citizen services.--The terms ``ACS'' and 
        ``American Citizen Services'' refer to the range of services 
        provided to United States nationals by the Bureau of Consular 
        Affairs of the Department of State, and at the Department's 
        overseas posts.
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations of the 
                Senate; and
                    (B) the Committee on Foreign Affairs of the House 
                of Representatives.
            (3) Covered individual.--The term ``covered individual'' 
        means a United States citizen, United States national, lawful 
        permanent resident, or the immediate family members of a United 
        States citizen, a United States national, or a lawful permanent 
        resident.
            (4) Declared covid-19 pandemic period.--The term ``declared 
        COVID-19 pandemic period'' means the period of the national 
        emergency declared by the President under the National 
        Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the 
        Coronavirus Disease 2019 (COVID-19).

SEC. 5. ASSISTANCE FOR COVERED INDIVIDUALS OVERSEAS.

    (a) Petitioning for Intracountry Travel for United States Persons 
in Certain Countries.--The Secretary of State shall petition the 
government of any country that closes borders and airspace or places 
travel restrictions due to COVID-19 to make provisions with the United 
States embassy, consulate, or other diplomatic mission responsible for 
consular services in that country to assure covered individuals can 
travel intracountry to United States Government evacuation points or to 
access commercial travel when possible.
    (b) Waiver or Reimbursement of Travel Expenses.--
            (1) In general.--The Secretary of State shall waive any 
        travel expenses paid by the Department of State on or after 
        December 31, 2019, for any covered individual who is evacuated 
        from a foreign country and repatriated to the United States due 
        to travel restrictions implemented in response to COVID-19 or 
        any future pandemic or international crisis, as determined by 
        the Secretary.
            (2) Promissory notes.--Any promissory note signed by a 
        covered individual to reimburse the Department of State for 
        travel expenses described in paragraph (1) shall be null and 
        void.
            (3) Conforming amendment.--Section 4 of the State 
        Department Basic Authorities Act of 1956 (22 U.S.C. 2671) is 
        amended by adding at the end the following new subsection:
    ``(e) Exception From Reimbursement Requirement for Certain 
Communicable Disease Related Expenses.--In the case of a communicable 
disease for which the Federal Government has issued a travel alert or 
travel warning, the reimbursement requirements under subsections 
(b)(2)(A)(ii) and (d) shall not apply.''.
            (4) Reimbursement.--
                    (A) Authorization.--The Secretary of State shall 
                reimburse covered individuals who were evacuated from a 
                foreign country on or after December 31, 2019, and 
                repatriated to the United States due to travel 
                restrictions described in paragraph (1) for travel 
                expenses associated with such evacuation and 
                repatriation, including the costs of commercial or 
                charter flights and any ground transportation expenses 
                associated with travel to the foreign airport and from 
                the domestic airport to their homes in the United 
                States.
                    (B) Process.--The Secretary of State shall develop 
                an online process through which United States citizens 
                may submit claims for reimbursement for travel expenses 
                described in subparagraph (A).
    (c) Funding.--The Secretary of State may use amounts appropriated 
or otherwise made available to the Department of State in any 
appropriations Act for paying expenses related to overseas evacuations 
to pay for the travel expenses described in subsection (b)(1).

SEC. 6. CONSULAR AFFAIRS, TASK FORCES, AND REGULATIONS.

    The Secretary of State shall direct the Assistant Secretary of 
State for Consular Affairs to immediately--
            (1) provide United States embassies, consulates, and other 
        diplomatic missions worldwide with explicit guidance to protect 
        covered individuals and use innovative means to empower 
        officers, specialists, and Locally Employed Staff employees to 
        protect American lives during and immediately after the 
        declared COVID-19 pandemic period;
            (2) increase the staffing of Consular Affairs Task Force 2 
        in Washington, DC, to ensure adequate consular response and 
        improved guidance from Washington, DC, to embassies, 
        consulates, and missions overseas, including--
                    (A) augmentation of the Overseas Consular Services 
                (OCS) call center and activation of the National 
                Passport Information Center (NPIC) and the National 
                Visa Center (NVC) to immediately provide improved 
                consular responses; and
                    (B) direct public access to Task Force 2 through 
                the OCS call center; and
            (3) notify Congress of any additional monetary or technical 
        resources needed to carry out the actions described in this 
        subsection.

SEC. 7. PROTECTING RESPONDERS.

    Not later than 15 days after the date of the enactment of this Act, 
the Secretary of State shall submit to the appropriate congressional 
committees a report with a comprehensive plan for COVID-19 infection 
risk mitigation procedures for all persons under chief of mission 
authority at overseas posts, including an assessment of availability 
and adequacy of personal protective equipment at United States 
embassies, consulates, and other diplomatic missions.

SEC. 8. PROGRESS REPORTS; YEARLY REMOTE ACS DRILLS WORLDWIDE.

    (a) Comprehensive Progress Report.--
            (1) In general.--Not later than 60 days after the date of 
        the enactment of this Act, and semiannually until the Global 
        Health Advisory of Level 4: Do Not Travel is rescinded by the 
        Secretary of State, the Secretary shall provide a comprehensive 
        progress report on the Bureau of Consular Affairs response to 
        the COVID-19 pandemic to the appropriate congressional 
        committees, including issues such as, but not exclusively, 
        assessment of consular system failures due to lack of 
        resources--personnel, technical, system design, or capacity--
        and resources needed to improve current and future performance 
        of American Citizen Services during this and future global 
        health crises.
            (2) Form.--The report required under paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex.
    (b) Annual Worldwide Remote ACS Drills.--The Secretary of State 
shall direct the Assistant Secretary of State for Consular Affairs to 
direct an annual worldwide consular test of remote processing 
(including a minimum 80-percent remote consular telework worldwide) and 
systems with reporting of outcomes to Congress within 90 days after 
each test. The first test shall be held not later than 60 days after 
the Secretary of State rescinds the Global Health Advisory of Level 4: 
Do Not Travel.

SEC. 9. FOREIGN SERVICE HIRING.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) there are no legal constraints preventing the 
        Department of State and the United States Agency for 
        International Development from virtual onboarding of new 
        Foreign Service Officers and Foreign Service Specialists;
            (2) hiring of Foreign Service Officers (FSO) and Foreign 
        Service Specialists (FSS) must continue, while taking all 
        necessary steps to ensure personnel safety, at the same pace as 
        determined prior to the COVID-19 pandemic; and
            (3) in-processing of classes of FSOs, FSSs, and Department 
        fellows must resume immediately, remotely as necessary, with 
        the goal of achieving 2020 hiring targets and exceeding those 
        targets as authorized under sections 7062 and 7063(d)(1) of the 
        Department of State, Foreign Operations, and Related Programs 
        Appropriations Act, 2020 (division G of Public Law 116-94).
    (b) Delayed Foreign Service Classes.--The Secretary of State shall 
make immediate efforts to ensure individuals scheduled to enter the 
Foreign Service who have been affected by delays of the swearing-in and 
onboarding process during the COVID-19 pandemic are given the full 
opportunity to join the Foreign Service.
    (c) Report.--Not later than 30 days after the date of the enactment 
of this Act, the Secretary of State shall report to Congress how the 
Department of State will, remotely as necessary, onboard FSO and FSS 
classes that were postponed indefinitely during the COVID-19 pandemic 
after many were already issued orders and inbound to Washington, DC, or 
their training locations.
    (d) Extension of Hiring Registry Time Limits.--To ensure a robust 
Foreign Service Officer and Foreign Service Specialist staffing 
pipeline during the pandemic and more generally, the Secretary of State 
shall immediately extend hiring registry time limits by the entirety of 
the declared COVID-19 pandemic period.
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