[Congressional Record Volume 167, Number 86 (Tuesday, May 18, 2021)]
[House]
[Pages H2432-H2450]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF STATE AUTHORIZATION ACT OF 2021
Mr. MEEKS. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 1157) 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. 1157
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Department
of State Authorization Act of 2021''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Determination of budgetary effects.
TITLE I--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE
Sec. 1001. Diplomatic Programs.
Sec. 1002. Sense of Congress on importance of Department of State's
work.
Sec. 1003. Bureau of Democracy, Human Rights, and Labor.
Sec. 1004. Assistant Secretary for International Narcotics and Law
Enforcement Affairs.
Sec. 1005. Bureau of Consular Affairs; Bureau of Population, Refugees,
and Migration.
Sec. 1006. Office of International Disability Rights.
Sec. 1007. Anti-piracy information sharing.
Sec. 1008. Importance of foreign affairs training to national security.
Sec. 1009. Classification and assignment of Foreign Service officers.
Sec. 1010. Energy diplomacy and security within the Department of
State.
Sec. 1011. National Museum of American Diplomacy.
Sec. 1012. Extension of period for reimbursement of fishermen for costs
incurred from the illegal seizure and detention of U.S.-
flag fishing vessels by foreign governments.
Sec. 1013. Art in embassies.
Sec. 1014. Amendment or repeal of reporting requirements.
Sec. 1015. Reporting on implementation of GAO recommendations.
Sec. 1016. Office of Global Criminal Justice.
TITLE II--EMBASSY CONSTRUCTION
Sec. 1201. Embassy security, construction, and maintenance.
Sec. 1202. Standard design in capital construction.
Sec. 1203. Capital construction transparency.
Sec. 1204. Contractor performance information.
Sec. 1205. Growth projections for new embassies and consulates.
Sec. 1206. Long-range planning process.
Sec. 1207. Value engineering and risk assessment.
Sec. 1208. Business volume.
Sec. 1209. Embassy security requests and deficiencies.
Sec. 1210. Overseas security briefings.
Sec. 1211. Contracting methods in capital construction.
Sec. 1212. Competition in embassy construction.
Sec. 1213. Statement of policy.
Sec. 1214. Definitions.
TITLE III--PERSONNEL ISSUES
Sec. 1301. Defense Base Act insurance waivers.
Sec. 1302. Study on Foreign Service allowances.
Sec. 1303. Science and technology fellowships.
Sec. 1304. Travel for separated families.
Sec. 1305. Home leave travel for separated families.
Sec. 1306. Sense of Congress regarding certain fellowship programs.
Sec. 1307. Technical correction.
Sec. 1308. Foreign Service awards.
Sec. 1309. Workforce actions.
Sec. 1310. Sense of Congress regarding veterans employment at the
Department of State.
Sec. 1311. Employee assignment restrictions and preclusions.
Sec. 1312. Recall and reemployment of career members.
Sec. 1313. Strategic staffing plan for the Department of State.
Sec. 1314. Consulting services.
Sec. 1315. Incentives for critical posts.
Sec. 1316. Extension of authority for certain accountability review
boards.
Sec. 1317. Foreign Service suspension without pay.
Sec. 1318. Foreign Affairs Manual and Foreign Affairs Handbook changes.
Sec. 1319. Waiver authority for individual occupational requirements of
certain positions.
Sec. 1320. Appointment of employees to the Global Engagement Center.
Sec. 1321. Rest and recuperation and overseas operations leave for
Federal employees.
Sec. 1322. Emergency medical services authority.
Sec. 1323. Department of State Student Internship Program.
Sec. 1324. Competitive status for certain employees hired by Inspectors
General to support the lead IG mission.
Sec. 1325. Cooperation with Office of the Inspector General.
Sec. 1326. Information on educational opportunities for children with
special educational needs consistent with the Individuals
With Disabilities Education Act.
Sec. 1327. Implementation of gap memorandum in selection board process.
TITLE IV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION
Sec. 1401. Definitions.
Sec. 1402. Collection, analysis, and dissemination of workforce data.
Sec. 1403. Exit interviews for workforce.
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Sec. 1404. Recruitment and retention.
Sec. 1405. Promoting diversity and inclusion in the national security
workforce.
Sec. 1406. Leadership engagement and accountability.
Sec. 1407. Professional development opportunities and tools.
Sec. 1408. Examination and oral assessment for the Foreign Service.
Sec. 1409. Payne fellowship authorization.
Sec. 1410. Voluntary participation.
TITLE V--INFORMATION SECURITY
Sec. 1501. Definitions.
Sec. 1502. List of certain telecommunications providers.
Sec. 1503. Preserving records of electronic communications conducted
related to official duties of positions in the public
trust of the American people.
Sec. 1504. Foreign Relations of the United States (FRUS) series and
declassification.
Sec. 1505. Vulnerability Disclosure Policy and Bug Bounty Pilot
Program.
TITLE VI--PUBLIC DIPLOMACY
Sec. 1601. Short title.
Sec. 1602. Avoiding duplication of programs and efforts.
Sec. 1603. Improving research and evaluation of public diplomacy.
Sec. 1604. Permanent reauthorization of the United States Advisory
Commission on Public Diplomacy.
Sec. 1605. Streamlining of support functions.
Sec. 1606. Guidance for closure of public diplomacy facilities.
Sec. 1607. Definitions.
TITLE VII--COMBATING PUBLIC CORRUPTION
Sec. 1701. Sense of congress.
Sec. 1702. Annual assessment.
Sec. 1703. Transparency and accountability.
Sec. 1704. Designation of embassy anti-corruption points of contact.
TITLE VIII--OTHER MATTERS
Sec. 1801. Case-Zablocki Act Reform.
Sec. 1802. Limitation on assistance to countries in default.
Sec. 1803. Sean and David Goldman Child Abduction Prevention and Return
Act of 2014 amendment.
Sec. 1804. Modification of authorities of Commission for the
Preservation of America's Heritage Abroad.
Sec. 1805. Chief of mission concurrence.
Sec. 1806. Report on efforts of the Coronavirus Repatriation Task
Force.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(2) Department.--If not otherwise specified, the term
``Department'' means the Department of State.
(3) Secretary.--If not otherwise specified, the term
``Secretary'' means the Secretary of State.
SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
TITLE I--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE
SEC. 1001. DIPLOMATIC PROGRAMS.
For ``Diplomatic Programs'', there is authorized to be
appropriated $9,170,013,000 for fiscal year 2022.
SEC. 1002. SENSE OF CONGRESS ON IMPORTANCE OF DEPARTMENT OF
STATE'S WORK.
It is the sense of Congress that--
(1) United States global engagement is key to a stable and
prosperous world;
(2) United States leadership is indispensable in light of
the many complex and interconnected threats facing the United
States and the world;
(3) diplomacy and development are critical tools of
national power, and full deployment of these tools is vital
to United States national security;
(4) challenges such as the global refugee and migration
crises, terrorism, historic famine and food insecurity, and
fragile or repressive societies cannot be addressed without
sustained and robust United States diplomatic and development
leadership;
(5) the United States Government must use all of the
instruments of national security and foreign policy at its
disposal to protect United States citizens, promote United
States interests and values, and support global stability and
prosperity;
(6) United States security and prosperity depend on having
partners and allies that share our interests and values, and
these partnerships are nurtured and our shared interests and
values are promoted through United States diplomatic
engagement, security cooperation, economic statecraft, and
assistance that helps further economic development, good
governance, including the rule of law and democratic
institutions, and the development of shared responses to
natural and humanitarian disasters;
(7) as the United States Government agencies primarily
charged with conducting diplomacy and development, the
Department and the United States Agency for International
Development (USAID) require sustained and robust funding to
carry out this important work, which is essential to our
ability to project United States leadership and values and to
advance United States interests around the world;
(8) the work of the Department and USAID makes the United
States and the world safer and more prosperous by alleviating
global poverty and hunger, fighting HIV/AIDS and other
infectious diseases, strengthening alliances, expanding
educational opportunities for women and girls, promoting good
governance and democracy, supporting anti-corruption efforts,
driving economic development and trade, preventing armed
conflicts and humanitarian crises, and creating American jobs
and export opportunities;
(9) the Department and USAID are vital national security
agencies, whose work is critical to the projection of United
States power and leadership worldwide, and without which
Americans would be less safe, United States economic power
would be diminished, and global stability and prosperity
would suffer;
(10) investing in diplomacy and development before
conflicts break out saves American lives while also being
cost-effective; and
(11) the contributions of personnel working at the
Department and USAID are extraordinarily valuable and allow
the United States to maintain its leadership around the
world.
SEC. 1003. BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR.
Paragraph (2) of section 1(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a) is amended--
(1) in subparagraph (A), by adding at the end the following
new sentence: ``All special envoys, ambassadors, and
coordinators located within the Bureau of Democracy, Human
Rights, and Labor shall report directly to the Assistant
Secretary unless otherwise provided by law.'';
(2) in subparagraph (B)(ii)--
(A) by striking ``section'' and inserting ``sections 116
and''; and
(B) by inserting before the period at the end the
following: ``(commonly referred to as the annual `Country
Reports on Human Rights Practices')''; and
(3) by adding at the end the following new subparagraphs:
``(C) Authorities.--In addition to the duties, functions,
and responsibilities specified in this paragraph, the
Assistant Secretary of State for Democracy, Human Rights, and
Labor is authorized to--
``(i) promote democracy and actively support human rights
throughout the world;
``(ii) promote the rule of law and good governance
throughout the world;
``(iii) strengthen, empower, and protect civil society
representatives, programs, and organizations, and facilitate
their ability to engage in dialogue with governments and
other civil society entities;
``(iv) work with regional bureaus to ensure adequate
personnel at diplomatic posts are assigned responsibilities
relating to advancing democracy, human rights, labor rights,
women's equal participation in society, and the rule of law,
with particular attention paid to adequate oversight and
engagement on such issues by senior officials at such posts;
``(v) review and, as appropriate, make recommendations to
the Secretary of State regarding the proposed transfer of--
``(I) defense articles and defense services authorized
under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.) or the Arms Export Control Act (22 U.S.C. 2751 et
seq.); and
``(II) military items listed on the `600 series' of the
Commerce Control List contained in Supplement No. 1 to part
774 of subtitle B of title 15, Code of Federal Regulations;
``(vi) coordinate programs and activities that protect and
advance the exercise of human rights and internet freedom in
cyberspace; and
``(vii) implement other relevant policies and provisions of
law.
``(D) Local oversight.--United States missions, when
executing DRL programming, to the extent practicable, should
assist in exercising oversight authority and coordinate with
the Bureau of Democracy, Human Rights, and Labor to ensure
that funds are appropriately used and comply with anti-
corruption practices.''.
SEC. 1004. ASSISTANT SECRETARY FOR INTERNATIONAL NARCOTICS
AND LAW ENFORCEMENT AFFAIRS.
(a) In General.--Section 1(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(c)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Assistant secretary for international narcotics and
law enforcement affairs.--
``(A) In general.--There is authorized to be in the
Department of State an Assistant Secretary for International
Narcotics and Law Enforcement Affairs, who shall be
responsible to the Secretary of State for all matters,
programs, and related activities pertaining to international
narcotics, anti-crime, and law enforcement affairs in the
conduct of foreign policy by the Department, including, as
appropriate, leading the coordination of programs carried out
by United
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States Government agencies abroad, and such other related
duties as the Secretary may from time to time designate.
``(B) Areas of responsibility.--The Assistant Secretary for
International Narcotics and Law Enforcement Affairs shall
maintain continuous observation and coordination of all
matters pertaining to international narcotics, anti-crime,
and law enforcement affairs in the conduct of foreign policy,
including programs carried out by other United States
Government agencies when such programs pertain to the
following matters:
``(i) Combating international narcotics production and
trafficking.
``(ii) Strengthening foreign justice systems, including
judicial and prosecutorial capacity, appeals systems, law
enforcement agencies, prison systems, and the sharing of
recovered assets.
``(iii) Training and equipping foreign police, border
control, other government officials, and other civilian law
enforcement authorities for anti-crime purposes, including
ensuring that no foreign security unit or member of such unit
shall receive such assistance from the United States
Government absent appropriate vetting.
``(iv) Ensuring the inclusion of human rights and women's
participation issues in law enforcement programs, in
consultation with the Assistant Secretary for Democracy,
Human Rights, and Labor, and other senior officials in
regional and thematic bureaus and offices.
``(v) Combating, in conjunction with other relevant bureaus
of the Department of State and other United States Government
agencies, all forms of transnational organized crime,
including human trafficking, illicit trafficking in arms,
wildlife, and cultural property, migrant smuggling,
corruption, money laundering, the illicit smuggling of bulk
cash, the licit use of financial systems for malign purposes,
and other new and emerging forms of crime.
``(vi) Identifying and responding to global corruption,
including strengthening the capacity of foreign government
institutions responsible for addressing financial crimes and
engaging with multilateral organizations responsible for
monitoring and supporting foreign governments' anti-
corruption efforts.
``(C) Additional duties.--In addition to the
responsibilities specified in subparagraph (B), the Assistant
Secretary for International Narcotics and Law Enforcement
Affairs shall also--
``(i) carry out timely and substantive consultation with
chiefs of mission and, as appropriate, the heads of other
United States Government agencies to ensure effective
coordination of all international narcotics and law
enforcement programs carried out overseas by the Department
and such other agencies;
``(ii) coordinate with the Office of National Drug Control
Policy to ensure lessons learned from other United States
Government agencies are available to the Bureau of
International Narcotics and Law Enforcement Affairs of the
Department;
``(iii) develop standard requirements for monitoring and
evaluation of Bureau programs, including metrics for success
that do not rely solely on the amounts of illegal drugs that
are produced or seized;
``(iv) in coordination with the Secretary of State,
annually certify in writing to the Committee on Foreign
Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate that United States law
enforcement personnel posted abroad whose activities are
funded to any extent by the Bureau of International Narcotics
and Law Enforcement Affairs are complying with section 207 of
the Foreign Service Act of 1980 (22 U.S.C. 3927); and
``(v) carry out such other relevant duties as the Secretary
may assign.
``(D) Rule of construction.--Nothing in this paragraph may
be construed to limit or impair the authority or
responsibility of any other Federal agency with respect to
law enforcement, domestic security operations, or
intelligence activities as defined in Executive Order
12333.''.
(b) Modification of Annual International Narcotics Control
Strategy Report.--Subsection (a) of section 489 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2291h) is amended
by inserting after paragraph (9) the following new paragraph:
``(10) A separate section that contains an identification
of all United States Government-supported units funded by the
Bureau of International Narcotics and Law Enforcement Affairs
and any Bureau-funded operations by such units in which
United States law enforcement personnel have been physically
present.''.
SEC. 1005. BUREAU OF CONSULAR AFFAIRS; BUREAU OF POPULATION,
REFUGEES, AND MIGRATION.
Section 1 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a) is amended--
(1) by redesignating subsection (g) and (h) as subsections
(i) and (j), respectively; and
(2) by inserting after subsection (f) the following new
subsections:
``(g) Bureau of Consular Affairs.--There is in the
Department of State the Bureau of Consular Affairs, which
shall be headed by the Assistant Secretary of State for
Consular Affairs.
``(h) Bureau of Population, Refugees, and Migration.--There
is in the Department of State the Bureau of Population,
Refugees, and Migration, which shall be headed by the
Assistant Secretary of State for Population, Refugees, and
Migration.''.
SEC. 1006. OFFICE OF INTERNATIONAL DISABILITY RIGHTS.
(a) Establishment.--There should be established in the
Department of State an Office of International Disability
Rights (referred to in this section as the ``Office'').
(b) Duties.--The Office should--
(1) seek to ensure that all United States foreign
operations are accessible to, and inclusive of, persons with
disabilities;
(2) promote the human rights and full participation in
international development activities of all persons with
disabilities;
(3) promote disability inclusive practices and the training
of Department of State staff on soliciting quality programs
that are fully inclusive of people with disabilities;
(4) represent the United States in diplomatic and
multilateral fora on matters relevant to the rights of
persons with disabilities, and work to raise the profile of
disability across a broader range of organizations
contributing to international development efforts;
(5) conduct regular consultation with civil society
organizations working to advance international disability
rights and empower persons with disabilities internationally;
(6) consult with other relevant offices at the Department
that are responsible for drafting annual reports documenting
progress on human rights, including, wherever applicable,
references to instances of discrimination, prejudice, or
abuses of persons with disabilities;
(7) advise the Bureau of Human Resources or its equivalent
within the Department regarding the hiring and recruitment
and overseas practices of civil service employees and Foreign
Service officers with disabilities and their family members
with chronic medical conditions or disabilities; and
(8) carry out such other relevant duties as the Secretary
of State may assign.
(c) Supervision.--The Office may be headed by--
(1) a senior advisor to the appropriate Assistant Secretary
of State; or
(2) an officer exercising significant authority who reports
to the President or Secretary of State, appointed by and with
the advice and consent of the Senate.
(d) Consultation.--The Secretary of State should direct
Ambassadors at Large, Representatives, Special Envoys, and
coordinators working on human rights to consult with the
Office to promote the human rights and full participation in
international development activities of all persons with
disabilities.
SEC. 1007. ANTI-PIRACY INFORMATION SHARING.
The Secretary is authorized to provide for the
participation by the United States in the Information Sharing
Centre located in Singapore, as established by the Regional
Cooperation Agreement on Combating Piracy and Armed Robbery
against Ships in Asia (ReCAAP).
SEC. 1008. IMPORTANCE OF FOREIGN AFFAIRS TRAINING TO NATIONAL
SECURITY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Department is a crucial national security agency,
whose employees, both Foreign and Civil Service, require the
best possible training at every stage of their careers to
prepare them to promote and defend United States national
interests and the health and safety of United States citizens
abroad;
(2) the Department of State's investment of time and
resources with respect to the training and education of its
personnel is considerably below the level of other Federal
departments and agencies in the national security field, and
falls well below the investments many allied and adversarial
countries make in the development of their diplomats;
(3) the Department faces increasingly complex and rapidly
evolving challenges, many of which are science and
technology-driven, and which demand the continual, high-
quality training and education of its personnel;
(4) the Department must move beyond reliance on ``on-the-
job training'' and other informal mentorship practices, which
lead to an inequality in skillset development and career
advancement opportunities, often particularly for minority
personnel, and towards a robust professional tradecraft
training continuum that will provide for greater equality in
career advancement and increase minority participation in the
senior ranks;
(5) the Department's Foreign Service Institute and other
training facilities should seek to substantially increase its
educational and training offerings to Department personnel,
including developing new and innovative educational and
training courses, methods, programs, and opportunities; and
(6) consistent with existing Department gift acceptance
authority and other applicable laws, the Department and
Foreign Service Institute may accept funds and other
resources from foundations, not-for-profit corporations, and
other appropriate sources to help the Department and the
Institute enhance the quantity and quality of training
offerings, especially in the introduction of new, innovative,
and pilot model courses.
(b) Training Float.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of State shall
develop and submit to the appropriate congressional
committees a strategy to establish a ``training float'' to
allow for up to 15 percent of the Civil and Foreign Service
to participate in long-term training at any given time. The
strategy should identify steps necessary to ensure
implementation of the training priorities identified in
subsection (c), sufficient
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training capacity and opportunities are available to Civil
and Foreign Service officers, equitable distribution of long-
term training opportunities to Civil and Foreign Service
officers, and any additional resources or authorities
necessary to facilitate such a training float, including
programs at the George P. Schultz National Foreign Affairs
Training Center, the Foreign Service Institute, the Foreign
Affairs Security Training Center, and other facilities or
programs operated by the Department of State. The strategy
shall identify which types of training would be prioritized,
the extent (if any) to which such training is already being
provided to Civil and Foreign Service officers by the
Department of State, any factors incentivizing or
disincentivizing such training, and why such training cannot
be achieved without Civil and Foreign Service officers
leaving the workforce. In addition to training opportunities
provided by the Department, the strategy shall consider
training that could be provided by the other United States
Government training institutions, as well as non-governmental
educational institutions. The strategy shall consider
approaches to overcome disincentives to pursuing long-term
training.
(c) Prioritization.--In order to provide the Civil and
Foreign Service with the level of education and training
needed to effectively advance United States interests across
the globe, the Department of State should--
(1) increase its offerings--
(A) of virtual instruction to make training more accessible
to personnel deployed throughout the world; or
(B) at partner organizations to provide useful outside
perspectives to Department personnel;
(2) offer courses utilizing computer-based or assisted
simulations, allowing civilian officers to lead decision-
making in a crisis environment; and
(3) consider increasing the duration and expanding the
focus of certain training courses, including--
(A) the A-100 orientation course for Foreign Service
officers, and
(B) the chief of mission course to more accurately reflect
the significant responsibilities accompanying such role.
(d) Other Agency Responsibilities.--Other national security
agencies should increase the enrollment of their personnel in
courses at the Foreign Service Institute and other Department
of State training facilities to promote a whole-of-government
approach to mitigating national security challenges.
SEC. 1009. CLASSIFICATION AND ASSIGNMENT OF FOREIGN SERVICE
OFFICERS.
The Foreign Service Act of 1980 is amended--
(1) in section 501 (22 U.S.C. 3981), by inserting ``If a
position designated under this section is unfilled for more
than 365 calendar days, such position may be filled, as
appropriate, on a temporary basis, in accordance with section
309.'' after ``Positions designated under this section are
excepted from the competitive service.''; and
(2) in paragraph (2) of section 502(a) (22 U.S.C. 3982(a)),
by inserting ``, or domestically, in a position working on
issues relating to a particular country or geographic area,''
after ``geographic area''.
SEC. 1010. ENERGY DIPLOMACY AND SECURITY WITHIN THE
DEPARTMENT OF STATE.
Section 1(c) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2651a), as amended by section 1004 of this
Act, is further amended--
(1) by redesignating paragraphs (4) and (5) (as
redesignated pursuant to such section 1004) as paragraphs (5)
and (6); and
(2) by inserting after paragraph (3) (as added pursuant to
such section 1004) the following new paragraph:
``(4) Energy resources.--
``(A) Authorization for assistant secretary.--Subject to
the numerical limitation specified in paragraph (1), there is
authorized to be established in the Department of State an
Assistant Secretary of State for Energy Resources.
``(B) Personnel.--If the Department establishes an
Assistant Secretary of State for Energy Resources in
accordance with the authorization provided in subparagraph
(A), the Secretary of State shall ensure there are sufficient
personnel dedicated to energy matters within the Department
of State whose responsibilities shall include--
``(i) formulating and implementing international policies
aimed at protecting and advancing United States energy
security interests by effectively managing United States
bilateral and multilateral relations;
``(ii) ensuring that analyses of the national security
implications of global energy and environmental developments
are reflected in the decision making process within the
Department;
``(iii) incorporating energy security priorities into the
activities of the Department;
``(iv) coordinating energy activities of the Department
with relevant Federal departments and agencies;
``(v) coordinating with the Office of Sanctions
Coordination on economic sanctions pertaining to the
international energy sector; and
``(vi) working internationally to--
``(I) support the development of energy resources and the
distribution of such resources for the benefit of the United
States and United States allies and trading partners for
their energy security and economic development needs;
``(II) promote availability of diversified energy supplies
and a well-functioning global market for energy resources,
technologies, and expertise for the benefit of the United
States and United States allies and trading partners;
``(III) resolve international disputes regarding the
exploration, development, production, or distribution of
energy resources;
``(IV) support the economic and commercial interests of
United States persons operating in the energy markets of
foreign countries;
``(V) support and coordinate international efforts to
alleviate energy poverty;
``(VI) leading the United States commitment to the
Extractive Industries Transparency Initiative; and
``(VII) coordinating energy security and other relevant
functions within the Department currently undertaken by--
``(aa) the Bureau of Economic and Business Affairs;
``(bb) the Bureau of Oceans and International Environmental
and Scientific Affairs; and
``(cc) other offices within the Department of State.''.
SEC. 1011. NATIONAL MUSEUM OF AMERICAN DIPLOMACY.
Title I of the State Department Basic Authorities Act of
1956 is amended by adding after section 63 (22 U.S.C. 2735)
the following new section:
``SEC. 64. NATIONAL MUSEUM OF AMERICAN DIPLOMACY.
``(a) Activities.--
``(1) Support authorized.--The Secretary of State is
authorized to provide, by contract, grant, or otherwise, for
the performance of appropriate museum visitor and educational
outreach services and related events, including organizing
programs and conference activities, museum shop services and
food services in the public exhibition and related space
utilized by the National Museum of American Diplomacy.
``(2) Recovery of costs.--The Secretary of State is
authorized to recover any revenues generated under the
authority of paragraph (1) for visitor and outreach services
and related events referred to in such paragraph, including
fees for use of facilities at the National Museum for
American Diplomacy. Any such revenues may be retained as a
recovery of the costs of operating the museum.
``(b) Disposition of National Museum of American Diplomacy
Documents, Artifacts, and Other Articles.--
``(1) Property.--All historic documents, artifacts, or
other articles permanently acquired by the Department of
State and determined by the Secretary of State to be suitable
for display by the National Museum of American Diplomacy
shall be considered to be the property of the United States
Government and shall be subject to disposition solely in
accordance with this subsection.
``(2) Sale, trade, or transfer.--Whenever the Secretary of
State makes the determination described in paragraph (3) with
respect to a document, artifact, or other article under
paragraph (1), the Secretary may sell at fair market value,
trade, or transfer such document, artifact, or other article
without regard to the requirements of subtitle I of title 40,
United States Code. The proceeds of any such sale may be used
solely for the advancement of the mission of the National
Museum of American Diplomacy and may not be used for any
purpose other than the acquisition and direct care of the
collections of the museum.
``(3) Determinations prior to sale, trade, or transfer.--
The determination described in this paragraph with respect to
a document, artifact, or other article under paragraph (1),
is a determination that--
``(A) such document, artifact, or other article no longer
serves to further the purposes of the National Museum of
American Diplomacy as set forth in the collections management
policy of the museum;
``(B) the sale, trade, or transfer of such document,
artifact, or other article would serve to maintain the
standards of the collection of the museum; or
``(C) sale, trade, or transfer of such document, artifact,
or other article would be in the best interests of the United
States.
``(4) Loans.--In addition to the authorization under
paragraph (2) relating to the sale, trade, or transfer of
documents, artifacts, or other articles under paragraph (1),
the Secretary of State may loan such documents, artifacts, or
other articles, when not needed for use or display by the
National Museum of American Diplomacy to the Smithsonian
Institution or a similar institution for repair, study, or
exhibition.''.
SEC. 1012. EXTENSION OF PERIOD FOR REIMBURSEMENT OF FISHERMEN
FOR COSTS INCURRED FROM THE ILLEGAL SEIZURE AND
DETENTION OF U.S.-FLAG FISHING VESSELS BY
FOREIGN GOVERNMENTS.
(a) In General.--Subsection (e) of section 7 of the
Fishermen's Protective Act of 1967 (22 U.S.C. 1977) is
amended to read as follows:
``(e) Amounts.--Payments may be made under this section
only to such extent and in such amounts as are provided in
advance in appropriation Acts.''.
(b) Retroactive Applicability.--
(1) Effective date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act
and apply as if the date specified in subsection (e) of
section 7 of the Fishermen's Protective Act of 1967, as in
effect on the day before the date of the enactment of this
Act, were the day after such date of enactment.
[[Page H2436]]
(2) Agreements and payments.--The Secretary of State is
authorized to--
(A) enter into agreements pursuant to section 7 of the
Fishermen's Protective Act of 1967 for any claims to which
such section would otherwise apply but for the date specified
in subsection (e) of such section, as in effect on the day
before the date of the enactment of this Act; and
(B) make payments in accordance with agreements entered
into pursuant to such section if any such payments have not
been made as a result of the expiration of the date specified
in such section, as in effect on the day before the date of
the enactment of this Act.
SEC. 1013. ART IN EMBASSIES.
(a) In General.--No funds are authorized to be appropriated
for the purchase of any piece of art for the purposes of
installation or display in any embassy, consulate, or other
foreign mission of the United States if the purchase price of
such piece of art is in excess of $25,000, unless such
purchase is subject to prior consultation with, and the
regular notification procedures of, the appropriate
congressional committees.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report on the
costs of the Art in Embassies Program for fiscal years 2012
through 2020.
(c) Sunset.--This section shall terminate on the date that
is two years after the date of the enactment of this Act.
(d) Definition.--In this section, the term ``art'' includes
paintings, sculptures, photographs, industrial design, and
craft art.
SEC. 1014. AMENDMENT OR REPEAL OF REPORTING REQUIREMENTS.
(a) Burma.--
(1) In general.--Section 570 of Public Law 104-208 is
amended--
(A) by amending subsection (c) to read as follows:
``(c) Multilateral Strategy.--The President shall develop,
in coordination with like-minded countries, a comprehensive,
multilateral strategy to--
``(1) assist Burma in addressing corrosive malign influence
of the People's Republic of China; and
``(2) support democratic, constitutional, economic, and
security sector reforms in Burma designed to--
``(A) advance democratic development and improve human
rights practices and the quality of life; and
``(B) promote genuine national reconciliation.''; and
(B) in subsection (d)--
(i) in the matter preceding paragraph (1), by striking
``six months'' and inserting ``year'';
(ii) by redesignating paragraph (3) as paragraph (7); and
(iii) by inserting after paragraph (2) the following new
paragraphs:
``(3) improvements in human rights practices;
``(4) progress toward broad-based and inclusive economic
growth;
``(5) progress toward genuine national reconciliation;
``(6) progress on improving the quality of life of the
Burmese people, including progress relating to market
reforms, living standards, labor standards, use of forced
labor in the tourism industry, and environmental quality;
and''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date of the enactment of this Act
and apply with respect to the first report required under
subsection (d) of section 570 of Public Law 104-208 that is
required after the date of the enactment of this Act.
(b) Repeals.--The following provisions of law are hereby
repealed:
(1) Subsection (b) of section 804 of Public Law 101-246.
(2) Section 6 of Public Law 104-45.
(3) Subsection (c) of section 702 of Public Law 96-465 (22
U.S.C. 4022).
(4) Section 404 of the Arms Control and Disarmament Act (22
U.S.C. 2593b).
(5) Section 5 of Public Law 94-304 (22 U.S.C. 3005).
(6) Subsection (b) of section 502 of the International
Security and Development Cooperation Act of 1985 (22 U.S.C.
2349aa-7).
(c) Technical and Conforming Amendment.--Section 502 of the
International Security and Development Cooperation Act of
1985 (22 U.S.C. 2349aa-7) is amended by redesignating
subsection (c) as subsection (b).
SEC. 1015. REPORTING ON IMPLEMENTATION OF GAO
RECOMMENDATIONS.
(a) Initial Report.--Not later than 120 days after the date
of the enactment of this Act, the Secretary shall submit to
the appropriate congressional committees a report that lists
all of the Government Accountability Office's recommendations
relating to the Department that have not been fully
implemented.
(b) Implementation Report.--
(1) In general.--Not later than 120 days after the date of
the submission of the report required under subsection (a),
the Secretary shall submit to the appropriate congressional
committees a report that describes the implementation status
of each recommendation from the Government Accountability
Office included in such report.
(2) Justification.--The report under paragraph (1) shall
include--
(A) a detailed justification for each decision not to fully
implement a recommendation or to implement a recommendation
in a different manner than specified by the Government
Accountability Office;
(B) a timeline for the full implementation of any
recommendation the Secretary has decided to adopt, but has
not yet fully implemented; and
(C) an explanation for any discrepancies included in the
Comptroller General report submitted under subsection (b).
(c) Form.--The information required in each report under
this section shall be submitted in unclassified form, to the
maximum extent practicable, but may be included in a
classified annex to the extent necessary.
SEC. 1016. OFFICE OF GLOBAL CRIMINAL JUSTICE.
(a) In General.--There should be established within the
Department of State an Office of Global Criminal Justice
(referred to in this section as the ``Office''), which may be
placed within the organizational structure of the Department
at the discretion of the Secretary.
(b) Duties.--The Office should carry out the following:
(1) Advise the Secretary of State and other relevant senior
officials on issues related to atrocities, including war
crimes, crimes against humanity, and genocide.
(2) Assist in formulating United States policy on the
prevention of, responses to, and accountability for
atrocities.
(3) Coordinate, as appropriate and with other relevant
Federal departments and agencies, United States Government
positions relating to the international and hybrid courts
currently prosecuting persons suspected of atrocities around
the world.
(4) Work with other governments, international
organizations, and nongovernmental organizations, as
appropriate, to establish and assist international and
domestic commissions of inquiry, fact-finding missions, and
tribunals to investigate, document, and prosecute atrocities
around the world.
(5) Coordinate, as appropriate and with other relevant
Federal departments and agencies, the deployment of
diplomatic, legal, economic, military, and other tools to
help collect evidence of atrocities, judge those responsible,
protect and assist victims, enable reconciliation, prevent
and deter atrocities, and promote the rule of law.
(6) Provide advice and expertise on transitional justice
mechanisms to United States personnel operating in conflict
and post-conflict environments.
(7) Act as a point of contact for international, hybrid,
and domestic tribunals exercising jurisdiction over
atrocities committed around the world.
(8) Represent the Department on any interagency whole-of-
government coordinating entities addressing genocide and
other atrocities.
(9) Perform any additional duties and exercise such powers
as the Secretary of State may prescribe.
(c) Supervision.--If established, the Office shall be led
by an Ambassador-at-Large for Global Criminal Justice who is
nominated by the President and appointed by and with the
advice and consent of the Senate.
TITLE II--EMBASSY CONSTRUCTION
SEC. 1201. EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE.
For ``Embassy Security, Construction, and Maintenance'',
there is authorized to be appropriated $1,950,449,000 for
fiscal year 2022.
SEC. 1202. STANDARD DESIGN IN CAPITAL CONSTRUCTION.
(a) Sense of Congress.--It is the sense of Congress that
the Department's Bureau of Overseas Building Operations (OBO)
or successor office should give appropriate consideration to
standardization in construction, in which each new United
States embassy and consulate starts with a standard design
and keeps customization to a minimum.
(b) Consultation.--The Secretary of State shall carry out
any new United States embassy compound or new consulate
compound project that utilizes a non-standard design,
including those projects that are in the design or pre-design
phase as of the date of the enactment of this Act, only in
consultation with the appropriate congressional committees.
The Secretary shall provide the appropriate congressional
committees, for each such project, the following
documentation:
(1) A comparison of the estimated full lifecycle costs of
the project to the estimated full lifecycle costs of such
project if it were to use a standard design.
(2) A comparison of the estimated completion date of such
project to the estimated completion date of such project if
it were to use a standard design.
(3) A comparison of the security of the completed project
to the security of such completed project if it were to use a
standard design.
(4) A justification for the Secretary's selection of a non-
standard design over a standard design for such project.
(5) A written explanation if any of the documentation
necessary to support the comparisons and justification, as
the case may be, described in paragraphs (1) through (4)
cannot be provided.
(c) Sunset.--The consultation requirement under subsection
(b) shall expire on the date that is 4 years after the date
of the enactment of this Act.
SEC. 1203. CAPITAL CONSTRUCTION TRANSPARENCY.
(a) In General.--Section 118 of the Department of State
Authorities Act, Fiscal Year 2017 (22 U.S.C. 304) is
amended--
(1) in the section heading, by striking ``annual report on
embassy construction
[[Page H2437]]
costs'' and inserting ``biannual report on overseas capital
construction projects''; and
(2) by striking subsections (a) and (b) and inserting the
following new subsections:
``(a) In General.--Not later than 180 days after the date
of the enactment of this subsection and every 180 days
thereafter until the date that is four years after such date
of enactment, the Secretary of State shall submit to the
appropriate congressional committees a comprehensive report
regarding all ongoing overseas capital construction projects
and major embassy security upgrade projects.
``(b) Contents.--Each report required under subsection (a)
shall include the following with respect to each ongoing
overseas capital construction project and major embassy
security upgrade project:
``(1) The initial cost estimate as specified in the
proposed allocation of capital construction and maintenance
funds required by the Committees on Appropriations for Acts
making appropriations for the Department of State, foreign
operations, and related programs.
``(2) The current cost estimate.
``(3) The value of each request for equitable adjustment
received by the Department to date.
``(4) The value of each certified claim received by the
Department to date.
``(5) The value of any usage of the project's contingency
fund to date and the value of the remainder of the project's
contingency fund.
``(6) An enumerated list of each request for adjustment and
certified claim that remains outstanding or unresolved.
``(7) An enumerated list of each request for equitable
adjustment and certified claim that has been fully
adjudicated or that the Department has settled, and the final
dollar amount of each adjudication or settlement.
``(8) The date of estimated completion specified in the
proposed allocation of capital construction and maintenance
funds required by the Committees on Appropriations not later
than 45 days after the date of the enactment of an Act making
appropriations for the Department of State, foreign
operations, and related programs.
``(9) The current date of estimated completion.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Department of State Authorities Act, Fiscal Year
2017 is amended by amending the item relating to section 118
to read as follows:
``Sec. 118. Biannual report on overseas capital construction
projects.''.
SEC. 1204. CONTRACTOR PERFORMANCE INFORMATION.
(a) Deadline for Completion.--The Secretary of State shall
complete all contractor performance evaluations outstanding
as of the date of the enactment of this Act required by
subpart 42.15 of the Federal Acquisition Regulation for those
contractors engaged in construction of new embassy or new
consulate compounds by April 1, 2022.
(b) Prioritization System.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall
develop a prioritization system for clearing the current
backlog of required evaluations referred to in subsection
(a).
(2) Elements.--The system required under paragraph (1)
should prioritize the evaluations as follows:
(A) Project completion evaluations should be prioritized
over annual evaluations.
(B) Evaluations for relatively large contracts should have
priority.
(C) Evaluations that would be particularly informative for
the awarding of government contracts should have priority.
(c) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall brief the
appropriate congressional committees on the Department's plan
for completing all evaluations by April 1, 2022, in
accordance with subsection (a) and the prioritization system
developed pursuant to subsection (b).
(d) Sense of Congress.--It is the sense of Congress that--
(1) contractors deciding whether to bid on Department
contracts would benefit from greater understanding of the
Department as a client; and
(2) the Department should develop a forum where contractors
can comment on the Department's project management
performance.
SEC. 1205. GROWTH PROJECTIONS FOR NEW EMBASSIES AND
CONSULATES.
(a) In General.--For each new United States embassy
compound (NEC) and new consulate compound project (NCC) in or
not yet in the design phase as of the date of the enactment
of this Act, the Department of State shall project growth
over the estimated life of the facility using all available
and relevant data, including the following:
(1) Relevant historical trends for Department personnel and
personnel from other agencies represented at the NEC or NCC
that is to be constructed.
(2) An analysis of the tradeoffs between risk and the needs
of United States Government policy conducted as part of the
most recent Vital Presence Validation Process, if applicable.
(3) Reasonable assumptions about the strategic importance
of the NEC or NCC, as the case may be, over the life of the
building at issue.
(4) Any other data that would be helpful in projecting the
future growth of NEC or NCC.
(b) Other Federal Agencies.--The head of each Federal
agency represented at a United States embassy or consulate
shall provide to the Secretary, upon request, growth
projections for the personnel of each such agency over the
estimated life of each embassy or consulate, as the case may
be.
(c) Basis for Estimates.--The Department of State shall
base its growth assumption for all NECs and NCCs on the
estimates required under subsections (a) and (b).
(d) Congressional Notification.--Any congressional
notification of site selection for a NEC or NCC submitted
after the date of the enactment of this Act shall include the
growth assumption used pursuant to subsection (c).
SEC. 1206. LONG-RANGE PLANNING PROCESS.
(a) Plans Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act and annually thereafter for the
next five years as the Secretary of State considers
appropriate, the Secretary shall develop--
(A) a comprehensive 6-year plan documenting the
Department's overseas building program for the replacement of
overseas diplomatic posts taking into account security
factors under the Secure Embassy Construction and
Counterterrorism Act of 1999 and other relevant statutes and
regulations, as well as occupational safety and health
factors pursuant to the Occupational Safety and Health Act of
1970 and other relevant statutes and regulations, including
environmental factors such as indoor air quality that impact
employee health and safety; and
(B) a comprehensive 6-year plan detailing the Department's
long-term planning for the maintenance and sustainment of
completed diplomatic posts, which takes into account security
factors under the Secure Embassy Construction and
Counterterrorism Act of 1999 and other relevant statutes and
regulations, as well as occupational safety and health
factors pursuant to the Occupational Safety and Health Act of
1970 and other relevant statutes and regulations, including
environmental factors such as indoor air quality that impact
employee health and safety.
(2) Initial report.--The first plan developed pursuant to
paragraph (1)(A) shall also include a one-time status report
on existing small diplomatic posts and a strategy for
establishing a physical diplomatic presence in countries in
which there is no current physical diplomatic presence and
with which the United States maintains diplomatic relations.
Such report, which may include a classified annex, shall
include the following:
(A) A description of the extent to which each small
diplomatic post furthers the national interest of the United
States.
(B) A description of how each small diplomatic post
provides American Citizen Services, including data on
specific services provided and the number of Americans
receiving services over the previous year.
(C) A description of whether each small diplomatic post
meets current security requirements.
(D) A description of the full financial cost of maintaining
each small diplomatic post.
(E) Input from the relevant chiefs of mission on any unique
operational or policy value the small diplomatic post
provides.
(F) A recommendation of whether any small diplomatic posts
should be closed.
(3) Updated information.--The annual updates of each of the
plans developed pursuant to paragraph (1) shall highlight any
changes from the previous year's plan to the ordering of
construction and maintenance projects.
(b) Reporting Requirements.--
(1) Submission of plans to congress.--Not later than 60
days after the completion of each plan required under
subsection (a), the Secretary of State shall submit the plans
to the appropriate congressional committees.
(2) Reference in budget justification materials.--In the
budget justification materials submitted to the appropriate
congressional committees in support of the Department of
State's budget for any fiscal year (as submitted with the
budget of the President under section 1105(a) of title 31,
United States Code), the plans required under subsection (a)
shall be referenced to justify funding requested for building
and maintenance projects overseas.
(3) Form of report.--Each report required under paragraph
(1) shall be submitted in unclassified form but may include a
classified annex.
(c) Small Diplomatic Post Defined.--In this section, the
term ``small diplomatic post'' means any United States
embassy or consulate that has employed five or fewer United
States Government employees or contractors on average over
the 36 months prior to the date of the enactment of this Act.
SEC. 1207. VALUE ENGINEERING AND RISK ASSESSMENT.
(a) Findings.--Congress makes the following findings:
(1) Federal departments and agencies are required to use
value engineering (VE) as a management tool, where
appropriate, to reduce program and acquisition costs pursuant
to OMB Circular A-131, Value Engineering, dated December 31,
2013.
(2) OBO has a Policy Directive and Standard Operation
Procedure, dated May 24, 2017, on conducting risk management
studies on all international construction projects.
(b) Notification Requirements.--
[[Page H2438]]
(1) Submission to authorizing committees.--Any notification
that includes the allocation of capital construction and
maintenance funds shall be submitted to the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives.
(2) Requirement to confirm completion of value engineering
and risk assessment studies.--The notifications required
under paragraph (1) shall include confirmation that the
Department has completed the requisite VE and risk management
process described in subsection (a), or applicable successor
process.
(c) Reporting and Briefing Requirements.--The Secretary of
State shall provide to the appropriate congressional
committees upon request--
(1) a description of each risk management study referred to
in subsection (a)(2) and a table detailing which
recommendations related to each such study were accepted and
which were rejected; and
(2) a report or briefing detailing the rationale for not
implementing any such recommendations that may otherwise
yield significant cost savings to the Department if
implemented.
SEC. 1208. BUSINESS VOLUME.
Section 402(c)(2)(E) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4852(c)(2)(E)) is
amended by striking ``in 3 years'' and inserting
``cumulatively over 3 years''.
SEC. 1209. EMBASSY SECURITY REQUESTS AND DEFICIENCIES.
The Secretary of State shall provide to the appropriate
congressional committees, the Committee on Armed Services of
the House of Representatives, and the Committee on Armed
Services of the Senate upon request information on physical
security deficiencies at United States diplomatic posts,
including relating to the following:
(1) Requests made over the previous year by United States
diplomatic posts for security upgrades.
(2) Significant security deficiencies at United States
diplomatic posts that are not operating out of a new embassy
compound or new consulate compound.
SEC. 1210. OVERSEAS SECURITY BRIEFINGS.
Not later than one year after the date of the enactment of
this Act, the Secretary of State shall revise the Foreign
Affairs Manual to stipulate that information on the current
threat environment shall be provided to all United States
Government employees under chief of mission authority
traveling to a foreign country on official business. To the
extent practicable, such material shall be provided to such
employees prior to their arrival at a United States
diplomatic post or as soon as possible thereafter.
SEC. 1211. CONTRACTING METHODS IN CAPITAL CONSTRUCTION.
(a) Delivery.--Unless the Secretary of State notifies the
appropriate congressional committees that the use of the
design-build project delivery method would not be
appropriate, the Secretary shall make use of such method at
United States diplomatic posts that have not yet received
design or capital construction contracts as of the date of
the enactment of this Act.
(b) Notification.--Before executing a contract for a
delivery method other than design-build in accordance with
subsection (a), the Secretary of State shall notify the
appropriate congressional committees in writing of the
decision, including the reasons therefor. The notification
required by this subsection may be included in any other
report regarding a new United States diplomatic post that is
required to be submitted to the appropriate congressional
committees.
(c) Performance Evaluation.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of State
shall report to the appropriate congressional committees
regarding performance evaluation measures in accordance with
GAO's ``Standards for Internal Control in the Federal
Government'' that will be applicable to design and
construction, lifecycle cost, and building maintenance
programs of the Bureau of Overseas Building Operations of the
Department.
SEC. 1212. COMPETITION IN EMBASSY CONSTRUCTION.
Not later than 45 days after the date of the enactment of
this Act, the Secretary of State shall submit to the
appropriate congressional committee a report detailing steps
the Department of State is taking to expand the embassy
construction contractor base in order to increase competition
and maximize value.
SEC. 1213. STATEMENT OF POLICY.
It is the policy of the United States that the Bureau of
Overseas Building Operations of the Department or its
successor office shall continue to balance functionality and
security with accessibility, as defined by guidelines
established by the United States Access Board in constructing
embassies and consulates, and shall ensure compliance with
the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et
seq.) to the fullest extent possible.
SEC. 1214. DEFINITIONS.
In this title:
(1) Design-build.--The term ``design-build'' means a method
of project delivery in which one entity works under a single
contract with the Department to provide design and
construction services.
(2) Non-standard design.--The term ``non-standard design''
means a design for a new embassy compound project or new
consulate compound project that does not utilize a
standardized design for the structural, spatial, or security
requirements of such embassy compound or consulate compound,
as the case may be.
TITLE III--PERSONNEL ISSUES
SEC. 1301. DEFENSE BASE ACT INSURANCE WAIVERS.
(a) Application for Waivers.--Not later than 30 days after
the date of the enactment of this Act, the Secretary of State
shall apply to the Department of Labor for a waiver from
insurance requirements under the Defense Base Act (42 U.S.C.
1651 et seq.) for all countries with respect to which the
requirement was waived prior to January 2017, and for which
there is not currently a waiver.
(b) Certification Requirement.--Not later than 45 days
after the date of the enactment of this Act, the Secretary of
State shall certify to the appropriate congressional
committees that the requirement in subsection (a) has been
met.
SEC. 1302. STUDY ON FOREIGN SERVICE ALLOWANCES.
(a) Report Required.--
(1) In general.--Not later than one year after date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report detailing
an empirical analysis on the effect of overseas allowances on
the foreign assignment of Foreign Service officers (FSOs), to
be conducted by a federally-funded research and development
center with appropriate expertise in labor economics and
military compensation.
(2) Contents.--The analysis required under paragraph (1)
shall--
(A) identify all allowances paid to FSOs assigned
permanently or on temporary duty to foreign areas;
(B) examine the efficiency of the Foreign Service bidding
system in determining foreign assignments;
(C) examine the factors that incentivize FSOs to bid on
particular assignments, including danger levels and hardship
conditions;
(D) examine the Department's strategy and process for
incentivizing FSOs to bid on assignments that are
historically in lower demand, including with monetary
compensation, and whether monetary compensation is necessary
for assignments in higher demand;
(E) make any relevant comparisons to military compensation
and allowances, noting which allowances are shared or based
on the same regulations;
(F) recommend options for restructuring allowances to
improve the efficiency of the assignments system and better
align FSO incentives with the needs of the Foreign Service,
including any cost savings associated with such
restructuring;
(G) recommend any statutory changes necessary to implement
subparagraph (F), such as consolidating existing legal
authorities for the provision of hardship and danger pay; and
(H) detail any effects of recommendations made pursuant to
subparagraphs (F) and (G) on other United States Government
departments and agencies with civilian employees permanently
assigned or on temporary duty in foreign areas, following
consultation with such departments and agencies.
(b) Briefing Requirement.--Before initiating the analysis
required under subsection (a)(1), and not later than 60 days
after the date of the enactment of this Act, the Secretary of
State shall provide to the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs in the House
of Representatives a briefing on the implementation of this
section that includes the following:
(1) The name of the federally funded research and
development center that will conduct such analysis.
(2) The scope of such analysis and terms of reference for
such analysis as specified between the Department of State
and such federally funded research and development center.
(c) Availability of Information.--
(1) In general.--The Secretary of State shall make
available to the federally-funded research and development
center carrying out the analysis required under subsection
(a)(1) all necessary and relevant information to allow such
center to conduct such analysis in a quantitative and
analytical manner, including historical data on the number of
bids for each foreign assignment and any survey data
collected by the Department of State from eligible bidders on
their bid decision-making.
(2) Cooperation.--The Secretary of State shall work with
the heads of other relevant United States Government
departments and agencies to ensure such departments and
agencies provide all necessary and relevant information to
the federally-funded research and development center carrying
out the analysis required under subsection (a)(1).
(d) Interim Report to Congress.--The Secretary of State
shall require that the chief executive officer of the
federally-funded research and development center that carries
out the analysis required under subsection (a)(1) submit to
the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
an interim report on such analysis not later than 180 days
after the date of the enactment of this Act.
[[Page H2439]]
SEC. 1303. SCIENCE AND TECHNOLOGY FELLOWSHIPS.
Section 504 of the Foreign Relations Authorization Act,
Fiscal Year 1979 (22 U.S.C. 2656d) is amended by adding at
the end the following new subsection:
``(e) Grants and Cooperative Agreements Related to Science
and Technology Fellowship Programs.--
``(1) In general.--The Secretary of State is authorized to
make grants or enter into cooperative agreements related to
Department of State science and technology fellowship
programs, including for assistance in recruiting fellows and
the payment of stipends, travel, and other appropriate
expenses to fellows.
``(2) Exclusion from consideration as compensation.--
Stipends under paragraph (1) shall not be considered
compensation for purposes of section 209 of title 18, United
States Code.
``(3) Maximum annual amount.--The total amount of grants
made pursuant to this subsection may not exceed $500,000 in
any fiscal year.''.
SEC. 1304. TRAVEL FOR SEPARATED FAMILIES.
Section 901(15) of the Foreign Service Act of 1980 (22
U.S.C. 4081(15)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``1 round-trip per year for each child below age 21 of a
member of the Service assigned abroad'' and inserting ``in
the case of one or more children below age 21 of a member of
the Service assigned abroad, one round-trip per year'';
(2) in subparagraph (A)--
(A) by inserting ``for each child'' before ``to visit the
member abroad''; and
(B) by striking ``; or'' and inserting a comma;
(3) in subparagraph (B)--
(A) by inserting ``for each child'' before ``to visit the
other parent''; and
(B) by inserting ``or'' after ``resides,'';
(4) by inserting after subparagraph (B) the following new
subparagraph:
``(C) for one of the child's parents to visit the child or
children abroad if the child or children do not regularly
reside with that parent and that parent is not receiving an
education allowance or educational travel allowance for the
child or children under section 5924(4) of title 5, United
States Code,''; and
(5) in the matter following subparagraph (C), as added by
paragraph (4) of this section, by striking ``a payment'' and
inserting ``the cost of round-trip travel''.
SEC. 1305. HOME LEAVE TRAVEL FOR SEPARATED FAMILIES.
Section 903(b) of the Foreign Service Act of 1980 (22
U.S.C. 4083(b)) is amended by adding at the end the following
new sentence: ``In cases in which a member of the Service has
official orders to an unaccompanied post and in which the
family members of the member reside apart from the member at
authorized locations outside the United States, the member
may take the leave ordered under this section where that
member's family members reside, notwithstanding section 6305
of title 5, United States Code.''.
SEC. 1306. SENSE OF CONGRESS REGARDING CERTAIN FELLOWSHIP
PROGRAMS.
It is the sense of Congress that Department fellowships
that promote the employment of candidates belonging to under-
represented groups, including the Charles B. Rangel
International Affairs Graduate Fellowship Program, the Thomas
R. Pickering Foreign Affairs Fellowship Program, and the
Donald M. Payne International Development Fellowship Program,
represent smart investments vital for building a strong,
capable, and representative national security workforce.
SEC. 1307. TECHNICAL CORRECTION.
Subparagraph (A) of section 601(c)(6) of the Foreign
Service Act of 1980 (22 U.S.C. 4001(c)(6)) is amended, in the
matter preceding clause (i), by--
(1) striking ``promotion'' and inserting ``promotion, on or
after January 1, 2017,''; and
(2) striking ``individual joining the Service on or after
January 1, 2017,'' and inserting ``Foreign Service officer,
appointed under section 302(a)(1), who has general
responsibility for carrying out the functions of the
Service''.
SEC. 1308. FOREIGN SERVICE AWARDS.
(a) In General.--Section 614 of the Foreign Service Act of
1980 (22 U.S.C. 4013) is amended--
(1) by amending the section heading to read as follows:
``department awards''; and
(2) in the first sentence, by inserting ``or Civil
Service'' after ``the Service''.
(b) Conforming Amendment.--The item relating to section 614
in the table of contents of the Foreign Service Act of 1980
is amended to read as follows:
``Sec. 614. Department awards.''.
SEC. 1309. WORKFORCE ACTIONS.
(a) Sense of Congress on Workforce Recruitment.--It is the
sense of Congress that the Secretary of State should continue
to hold entry-level classes for Foreign Service officers and
specialists and continue to recruit civil servants through
programs such as the Presidential Management Fellows Program
and Pathways Internship Programs in a manner and at a
frequency consistent with prior years and consistent with the
need to maintain a pool of experienced personnel effectively
distributed across skill codes and ranks. It is further the
sense of Congress that absent continuous recruitment and
training of Foreign Service officers and civil servants, the
Department of State will lack experienced, qualified
personnel in the short, medium, and long terms.
(b) Limitation.--The Secretary of State should not
implement any reduction-in-force action under section 3502 or
3595 of title 5, United States Code, or for any incentive
payments for early separation or retirement under any other
provision of law unless--
(1) the appropriate congressional committees are notified
not less than 15 days in advance of such obligation or
expenditure; and
(2) the Secretary has provided to the appropriate
congressional committees a detailed report that describes the
Department of State's strategic staffing goals, including--
(A) a justification that describes how any proposed
workforce reduction enhances the effectiveness of the
Department;
(B) a certification that such workforce reduction is in the
national interest of the United States;
(C) a comprehensive strategic staffing plan for the
Department, including 5-year workforce forecasting and a
description of the anticipated impact of any proposed
workforce reduction; and
(D) a dataset displaying comprehensive workforce data for
all current and planned employees of the Department,
disaggregated by--
(i) Foreign Service officer and Foreign Service specialist
rank;
(ii) civil service job skill code, grade level, and bureau
of assignment;
(iii) contracted employees, including the equivalent job
skill code and bureau of assignment; and
(iv) employees hired under schedule C of subpart C of part
213 of title 5, Code of Federal Regulations, including their
equivalent grade and job skill code and bureau of assignment.
SEC. 1310. SENSE OF CONGRESS REGARDING VETERANS EMPLOYMENT AT
THE DEPARTMENT OF STATE.
It is the sense of Congress that--
(1) the Department of State should continue to promote the
employment of veterans, in accordance with section 301 of the
Foreign Service Act of 1980 (22 U.S.C. 3941), as amended by
section 1407 of this Act, including those veterans belonging
to traditionally under-represented groups at the Department;
(2) veterans employed by the Department have made
significant contributions to United States foreign policy in
a variety of regional and global affairs bureaus and
diplomatic posts overseas; and
(3) the Department should continue to encourage veteran
employment and facilitate their participation in the
workforce.
SEC. 1311. EMPLOYEE ASSIGNMENT RESTRICTIONS AND PRECLUSIONS.
(a) Sense of Congress.--It is the sense of Congress that
the Department of State should expand the appeal process it
makes available to employees related to assignment
preclusions and restrictions.
(b) Appeal of Assignment Restriction or Preclusion.--
Subsection (a) of section 414 of the Department of State
Authorities Act, Fiscal Year 2017 (22 U.S.C. 2734c(a)) is
amended by adding at the end the following new sentences:
``Such right and process shall ensure that any employee
subjected to an assignment restriction or preclusion shall
have the same appeal rights as provided by the Department
regarding denial or revocation of a security clearance. Any
such appeal shall be resolved not later than 60 days after
such appeal is filed.''.
(c) Notice and Certification.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of State
shall revise, and certify to the Committee on Foreign Affairs
of the House of Representatives and the Committee on Foreign
Relations of the Senate regarding such revision, the Foreign
Affairs Manual guidance regarding denial or revocation of a
security clearance to expressly state that all review and
appeal rights relating thereto shall also apply to any
recommendation or decision to impose an assignment
restriction or preclusion to an employee.
SEC. 1312. RECALL AND REEMPLOYMENT OF CAREER MEMBERS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) career Department of State employees provide invaluable
service to the United States as nonpartisan professionals who
contribute subject matter expertise and professional skills
to the successful development and execution of United States
foreign policy; and
(2) reemployment of skilled former members of the Foreign
and civil service who have voluntarily separated from the
Foreign or civil service due to family reasons or to obtain
professional skills outside government is of benefit to the
Department.
(b) Notice of Employment Opportunities for Department of
State and USAID Positions.--
(1) In general.--Title 5, United States Code, is amended by
inserting after chapter 102 the following new chapter:
``CHAPTER 103--NOTICE OF EMPLOYMENT OPPORTUNITIES FOR DEPARTMENT OF
STATE AND USAID POSITIONS
``Sec.
``10301. Notice of employment opportunities for Department of State and
USAID positions.
[[Page H2440]]
``Sec. 10301. Notice of employment opportunities for
Department of State and USAID positions
``To ensure that individuals who have separated from the
Department of State or the United States Agency for
International Development and who are eligible for
reappointment are aware of such opportunities, the Department
of State and the United States Agency for International
Development shall publicize notice of all employment
opportunities, including positions for which the relevant
agency is accepting applications from individuals within the
agency's workforce under merit promotion procedures, on
publicly accessible sites, including www.usajobs.gov. If
using merit promotion procedures, the notice shall expressly
state that former employees eligible for reinstatement may
apply.''.
(2) Clerical amendment.--The table of chapters at the
beginning of part III of title 5, United States Code, is
amended by adding at the end of subpart I the following:
``103. Notice of employment opportunities for Department of State and
USAID positions........................................10301''.....
SEC. 1313. STRATEGIC STAFFING PLAN FOR THE DEPARTMENT OF
STATE.
(a) In General.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a
comprehensive 5-year strategic staffing plan for the
Department of State that is aligned with and furthers the
objectives of the National Security Strategy of the United
States of America issued in December 2017, or any subsequent
strategy issued not later than 18 months after the date of
the enactment of this Act, which shall include the following:
(1) A dataset displaying comprehensive workforce data,
including all shortages in bureaus described in GAO report
GAO-19-220, for all current and planned employees of the
Department, disaggregated by--
(A) Foreign Service officer and Foreign Service specialist
rank;
(B) civil service job skill code, grade level, and bureau
of assignment;
(C) contracted employees, including the equivalent job
skill code and bureau of assignment;
(D) employees hired under schedule C of subpart C of part
213 of title 5, Code of Federal Regulations, including the
equivalent grade and job skill code and bureau of assignment
of such employee; and
(E) overseas region.
(2) Recommendations on the number of Foreign Service
officers disaggregated by service cone that should be posted
at each United States diplomatic post and in the District of
Columbia, with a detailed basis for such recommendations.
(3) Recommendations on the number of civil service officers
that should be employed by the Department, with a detailed
basis for such recommendations.
(b) Maintenance.--The dataset required under subsection
(a)(1) shall be maintained and updated on a regular basis.
(c) Consultation.--The Secretary of State shall lead the
development of the plan required under subsection (a) but may
consult or partner with private sector entities with
expertise in labor economics, management, or human resources,
as well as organizations familiar with the demands and needs
of the Department of State's workforce.
(d) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report regarding
root causes of Foreign Service and civil service shortages,
the effect of such shortages on national security objectives,
and the Department of State 's plan to implement
recommendations described in GAO-19-220.
SEC. 1314. CONSULTING SERVICES.
(a) In General.--Chapter 103 of title 5, United States
Code, as added by section 1312(b) of this Act, is amended by
adding at the end the following:
``Sec. 10302. Consulting services for the Department of State
``Any consulting service obtained by the Department of
State through procurement contract pursuant to section 3109
of title 5, United States Code, shall be limited to those
contracts with respect to which expenditures are a matter of
public record and available for public inspection, except if
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.''.
(b) Clerical Amendment.--The table of sections for chapter
103 of title 5, United States Code, as added by section
1312(b) of this Act, is amended by adding after the item
relating to section 10301 the following new item:
``10302. Consulting services for the Department of State''.
SEC. 1315. INCENTIVES FOR CRITICAL POSTS.
Section 1115(d) of the Supplemental Appropriations Act,
2009 (Public Law 111-32) is amended by striking the last
sentence.
SEC. 1316. EXTENSION OF AUTHORITY FOR CERTAIN ACCOUNTABILITY
REVIEW BOARDS.
Section 301(a)(3) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) is amended--
(1) in the heading, by striking ``afghanistan and'' and
inserting ``afghanistan, yemen, syria, and''; and
(2) in subparagraph (A)--
(A) in clause (i), by striking ``Afghanistan or'' and
inserting ``Afghanistan, Yemen, Syria, or''; and
(B) in clause (ii), by striking ``beginning on October 1,
2005, and ending on September 30, 2009'' and inserting
``beginning on October 1, 2020, and ending on September 30,
2022''.
SEC. 1317. FOREIGN SERVICE SUSPENSION WITHOUT PAY.
Subsection (c) of section 610 of the Foreign Service Act of
1980 (22 U.S.C. 4010) is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``suspend'' and inserting ``indefinitely
suspend without duties'';
(2) by redesignating paragraph (5) as paragraph (7);
(3) by inserting after paragraph (4) the following new
paragraphs:
``(5) For each member of the Service suspended under
paragraph (1)(A) whose security clearance remains suspended
for more than one calendar year, not later than 30 days after
the end of such calendar year the Secretary of State shall
report to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate in writing regarding the specific reasons relating to
the duration of each such suspension.
``(6) Any member of the Service suspended under paragraph
(1)(B) may be suspended without pay only after a final
written decision is provided to such member pursuant to
paragraph (2).''; and
(4) in paragraph (7), as so redesignated--
(A) by striking ``(7) In this subsection:'';
(B) in subparagraph (A), by striking ``(A) The term'' and
inserting the following:
``(7) In this subsection, the term--'';
(C) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively, and moving such subparagraphs 2
ems to the left; and
(D) by striking subparagraph (B) (relating to the
definition of ``suspend'' and ``suspension'').
SEC. 1318. FOREIGN AFFAIRS MANUAL AND FOREIGN AFFAIRS
HANDBOOK CHANGES.
(a) Applicability.--The Foreign Affairs Manual and the
Foreign Affairs Handbook apply with equal force and effect
and without exception to all Department of State personnel,
including the Secretary of State, Department employees, and
political appointees, regardless of an individual's status as
a Foreign Service officer, Civil Service employee, or
political appointee hired under any legal authority.
(b) Certification.--Not later than 30 days after the date
of the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a
certification in unclassified form that the applicability
described in subsection (a) has been communicated to all
Department personnel, including the personnel referred to in
such subsection.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act and every 180 days thereafter for
five years, the Secretary of State shall submit to the
appropriate congressional committees a report detailing all
significant changes made to the Foreign Affairs Manual or the
Foreign Affairs Handbook.
(2) Covered periods.--The first report required under
paragraph (1) shall cover the 5-year period preceding the
submission of such report. Each subsequent report shall cover
the 180-day period preceding submission.
(3) Contents.--Each report required under paragraph (1)
shall contain the following:
(A) The location within the Foreign Affairs Manual or the
Foreign Affairs Handbook where a change has been made.
(B) The statutory basis for each such change, as
applicable.
(C) A side-by-side comparison of the Foreign Affairs Manual
or Foreign Affairs Handbook before and after such change.
(D) A summary of such changes displayed in spreadsheet
form.
SEC. 1319. WAIVER AUTHORITY FOR INDIVIDUAL OCCUPATIONAL
REQUIREMENTS OF CERTAIN POSITIONS.
The Secretary of State may waive any or all of the
individual occupational requirements with respect to an
employee or prospective employee of the Department of State
for a civilian position categorized under the GS-0130
occupational series if the Secretary determines that the
individual possesses significant scientific, technological,
engineering, or mathematical expertise that is integral to
performing the duties of the applicable position, based on
demonstrated job performance and qualifying experience. With
respect to each waiver granted under this subsection, the
Secretary shall set forth in a written document that is
transmitted to the Director of the Office of Personnel
Management the rationale for the decision of the Secretary to
waive such requirements.
SEC. 1320. APPOINTMENT OF EMPLOYEES TO THE GLOBAL ENGAGEMENT
CENTER.
The Secretary of State may appoint, for a 3-year period
that may be extended for up to an additional two years,
solely to carry out the functions of the Global Engagement
Center, employees of the Department of State without regard
to the provisions of title 5, United States Code, governing
appointment in the competitive service, and may fix the basic
compensation of such employees without regard to chapter 51
and subchapter III of chapter 53 of such title.
[[Page H2441]]
SEC. 1321. REST AND RECUPERATION AND OVERSEAS OPERATIONS
LEAVE FOR FEDERAL EMPLOYEES.
(a) In General.--Subchapter II of chapter 63 of title 5,
United States Code, is amended by adding at the end the
following new sections:
``Sec. 6329d. Rest and recuperation leave
``(a) Definitions.--In this section--
``(1) the term `agency' means an Executive agency (as that
term is defined in section 105), but does not include the
Government Accountability Office;
``(2) the term `combat zone' means a geographic area
designated by an Executive order of the President as an area
in which the Armed Forces are engaging or have engaged in
combat, an area designated by law to be treated as a combat
zone, or a location the Department of Defense has certified
for combat zone tax benefits due to its direct support of
military operations;
``(3) the term `employee' has the meaning given that term
in section 6301;
``(4) the term `high risk, high threat post' has the
meaning given that term in section 104 of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C.
4803); and
``(5) the term `leave year' means the period beginning on
the first day of the first complete pay period in a calendar
year and ending on the day immediately before the first day
of the first complete pay period in the following calendar
year.
``(b) Leave for Rest and Recuperation.--The head of an
agency may prescribe regulations to grant up to 20 days of
paid leave, per leave year, for the purposes of rest and
recuperation to an employee of the agency serving in a combat
zone, any other high risk, high threat post, or any other
location presenting significant security or operational
challenges.
``(c) Discretionary Authority of Agency Head.--Use of the
authority under subsection (b) is at the sole and exclusive
discretion of the head of the agency concerned.
``(d) Records.--An agency shall record leave provided under
this section separately from leave authorized under any other
provision of law.
``Sec. 6329e. Overseas operations leave
``(a) Definitions.--In this section--
``(1) the term `agency' means an Executive agency (as that
term is defined in section 105), but does not include the
Government Accountability Office;
``(2) the term `employee' has the meaning given that term
in section 6301; and
``(3) the term `leave year' means the period beginning with
the first day of the first complete pay period in a calendar
year and ending with the day immediately before the first day
of the first complete pay period in the following calendar
year.
``(b) Leave for Overseas Operations.--The head of an agency
may prescribe regulations to grant up to 10 days of paid
leave, per leave year, to an employee of the agency serving
abroad where the conduct of business could pose potential
security or safety related risks or would be inconsistent
with host-country practice. Such regulations may provide that
additional leave days may be granted during such leave year
if the head of the agency determines that to do so is
necessary to advance the national security or foreign policy
interests of the United States.
``(c) Discretionary Authority of Agency Head.--Use of the
authority under subsection (b) is at the sole and exclusive
discretion of the head of the agency concerned.
``(d) Records.--An agency shall record leave provided under
this section separately from leave authorized under any other
provision of law.''.
(b) Clerical Amendments.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 6329c the following new items:
``6329d. Rest and recuperation leave
``6329e. Overseas operations leave''.
SEC. 1322. EMERGENCY MEDICAL SERVICES AUTHORITY.
Section 3 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2670) is amended--
(1) in subsection (l), by striking ``and'' after the
semicolon;
(2) in subsection (m), by striking the period and inserting
``; and''; and
(3) by adding at the end the following new subsection:
``(n) in exigent circumstances, as determined by the
Secretary, provide emergency medical services or related
support for private United States citizens, nationals, and
permanent resident aliens abroad, or third country nationals
connected to such persons or to the diplomatic or development
missions of the United States abroad, who are unable to
obtain such services or support otherwise, with such
assistance provided on a reimbursable basis to the extent
feasible.''.
SEC. 1323. DEPARTMENT OF STATE STUDENT INTERNSHIP PROGRAM.
(a) In General.--The Secretary of State shall establish the
Department of State Student Internship Program (in this
section referred to as the ``Program'') to offer internship
opportunities at the Department of State to eligible students
to raise awareness of the essential role of diplomacy in the
conduct of United States foreign policy and the realization
of United States foreign policy objectives.
(b) Eligibility.--To be eligible to participate in the
Program, an applicant shall--
(1) be enrolled, not less than half-time, at--
(A) an institution of higher education (as such term is
defined section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002)); or
(B) an institution of higher education based outside the
United States, as determined by the Secretary of State;
(2) be able to receive and hold an appropriate security
clearance; and
(3) satisfy such other criteria as established by the
Secretary.
(c) Selection.--The Secretary of State shall establish
selection criteria for students to be admitted into the
Program that includes the following:
(1) Demonstrable interest in a career in foreign affairs.
(2) Academic performance.
(3) Such other criteria as determined by the Secretary.
(d) Outreach.--The Secretary of State shall advertise the
Program widely, including on the internet, through the
Department of State's Diplomats in Residence program, and
through other outreach and recruiting initiatives targeting
undergraduate and graduate students. The Secretary shall
actively encourage people belonging to traditionally under-
represented groups in terms of racial, ethnic, geographic,
and gender diversity, and disability status to apply to the
Program, including by conducting targeted outreach at
minority serving institutions (as such term is described in
section 371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
(e) Compensation.--
(1) In general.--Students participating in the Program
shall be paid at least--
(A) the amount specified in section 6(a)(1) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)), or
(B) the minimum wage of the jurisdiction in which the
internship is located,
whichever is greater.
(2) Housing assistance.--
(A) Abroad.--The Secretary of State shall provide housing
assistance to a student participating in the Program whose
permanent address is within the United States if the location
of the internship in which such student is participating is
outside the United States.
(B) Domestic.--The Secretary of State is authorized to
provide housing assistance to a student participating in the
Program whose permanent address is within the United States
if the location of the internship in which such student is
participating is more than 50 miles away from such student's
permanent address.
(3) Travel assistance.--The Secretary of State shall
provide a student participating in the Program whose
permanent address is within the United States financial
assistance to cover the costs of travel once to and once from
the location of the internship in which such student is
participating, including travel by air, train, bus, or other
transit as appropriate, if the location of such internship
is--
(A) more than 50 miles from such student's permanent
address; or
(B) outside the United States.
(f) Working With Institutions of Higher Education.--The
Secretary of State is authorized to enter into agreements
with institutions of higher education to structure
internships to ensure such internships satisfy criteria for
academic programs in which participants in such internships
are enrolled.
(g) Transition Period.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Secretary of State shall
transition all unpaid internship programs of the Department,
including the Foreign Service Internship Program, to
internship programs that offer compensation. Upon selection
as a candidate for entry into an internship program of the
Department after such date, a participant in such internship
program shall be afforded the opportunity to forgo
compensation, including if doing so allows such participant
to receive college or university curricular credit.
(2) Exception.--The transition required under paragraph (1)
shall not apply in the case of unpaid internship programs of
the Department of State that are part of the Virtual Student
Federal Service internship program.
(3) Waiver.--
(A) In general.--The Secretary may waive the requirement
under this subsection to transition an unpaid internship
program of the Department to an internship program that
offers compensation if the Secretary determines and not later
than 30 days after any such determination submits to the
appropriate congressional committees a report that to do so
would not be consistent with effective management goals.
(B) Report.--The report required under subparagraph (A)
shall describe the reason why transitioning an unpaid
internship program of the Department to an internship program
that offers compensation would not be consistent with
effective management goals, including any justification for
maintaining such unpaid status indefinitely, or any
additional authorities or resources necessary to transition
such unpaid program to offer compensation in the future.
(h) Reports.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of State shall
submit to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of a
Senate a report that includes the following:
(1) Data, to the extent collection of such information is
permissible by law, regarding the number of students,
disaggregated by race, ethnicity, gender, institution of
higher
[[Page H2442]]
learning, home State, State where each student graduated from
high school, and disability status, who applied to the
Program, were offered a position, and participated.
(2) Data on the number of security clearance investigations
started for such students and the timeline for such
investigations, including whether such investigations were
completed or if, and when, an interim security clearance was
granted.
(3) Information on expenditures on the Program.
(4) Information regarding the Department of State's
compliance with subsection (g).
(i) Voluntary Participation.--
(1) In general.--Nothing in this section may be construed
to compel any student who is a participant in an internship
program of the Department of State to participate in the
collection of the data or divulge any personal information.
Such students shall be informed that their participation in
the data collection contemplated by this section is
voluntary.
(2) Privacy protection.--Any data collected under this
section shall be subject to the relevant privacy protection
statutes and regulations applicable to Federal employees.
(j) Special Hiring Authority.--The Department of State may
offer compensated internships for not more than 52 weeks, and
select, appoint, employ, and remove individuals in such
compensated internships without regard to the provisions of
law governing appointments in the competitive service.
(k) Use of Funds.--Internships offered and compensated by
the Department subject to this section shall be funded by
amounts appropriated pursuant to--
(1) the authorization of appropriations under section 1001;
and
(2) any other Act.
SEC. 1324. COMPETITIVE STATUS FOR CERTAIN EMPLOYEES HIRED BY
INSPECTORS GENERAL TO SUPPORT THE LEAD IG
MISSION.
Subparagraph (A) of section 8L(d)(5) of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended by striking
``a lead Inspector General for'' and inserting ``any of the
Inspectors General specified in subsection (c) for oversight
of''.
SEC. 1325. COOPERATION WITH OFFICE OF THE INSPECTOR GENERAL.
(a) Administrative Discipline.--Not later than 30 days
after the date of the enactment of this Act, the Secretary of
State shall make explicit in writing to all Department of
State personnel, including the Secretary of State, Department
employees, contractors, and political appointees, and shall
consider updating the Foreign Affairs Manual and the Foreign
Affairs Handbook to explicitly specify, that if any of such
personnel does not comply within 60 days with a request for
an interview or access to documents from the Office of the
Inspector General of the Department such personnel may be
subject to appropriate administrative discipline including,
when circumstances warrant, suspension without pay or
removal.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act and on a quarterly basis
thereafter, the Office of the Inspector General of the
Department of State and the United States Agency for Global
Media shall submit to the appropriate congressional
committees and the Secretary of State a report in
unclassified form detailing the following:
(A) The number of individuals who have failed to comply
within 60 days with a request for an interview or access to
documents from the Office of the Inspector General pertaining
to a non-criminal matter.
(B) The date on which such requests were initially made.
(C) Any extension of time that was voluntarily granted to
such individual by the Office of the Inspector General.
(D) The general subject matters regarding which the Office
of the Inspector General has requested of such individuals.
(2) Form.--Additional information pertaining solely to the
subject matter of a request described in paragraph (1) may be
provided in a supplemental classified annex, if necessary,
but all other information required by the reports required
under such paragraph shall be provided in unclassified form.
SEC. 1326. INFORMATION ON EDUCATIONAL OPPORTUNITIES FOR
CHILDREN WITH SPECIAL EDUCATIONAL NEEDS
CONSISTENT WITH THE INDIVIDUALS WITH
DISABILITIES EDUCATION ACT.
Not later than March 31, 2022, and annually thereafter, the
Director of the Office of Overseas Schools of the Department
of State shall maintain and update a list of overseas schools
receiving assistance from the Office and detailing the extent
to which each such school provides special education and
related services to children with disabilities in accordance
with part B of the Individuals with Disabilities Education
Act (20 U.S.C. 1411 et seq.). Each list required under this
section shall be posted on the public website of the Office
for access by members of the Foreign Service, Senior Foreign
Service, and their eligible family members.
SEC. 1327. IMPLEMENTATION OF GAP MEMORANDUM IN SELECTION
BOARD PROCESS.
(a) In General.--Section 603 of the Foreign Service Act of
1980 (22 U.S.C. 4003) is amended by adding at the end the
following new subsection:
``(c)(1) A member of the Service or member of the Senior
Foreign Service whose performance will be evaluated by a
selection board may submit to such selection board a gap memo
in advance of such evaluation.
``(2) Members of a selection board may not consider as
negative the submission of a gap memo by a member described
in paragraph (1) when evaluating the performance of such
member.
``(3) In this subsection, the term `gap memo' means a
written record, submitted to a selection board in a standard
format established by the Director General of the Foreign
Service, which indicates and explains a gap in the record of
a member of the Service or member of the Senior Foreign
Service whose performance will be evaluated by such selection
board, which gap is due to personal circumstances, including
for health, family, or other reason as determined by the
Director General in consultation with the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate.''.
(b) Consultation and Guidance.--
(1) Consultation.--Not later than 30 days after the date of
the enactment of this Act, the Director General of the
Foreign Service shall consult with the Committee on Foreign
Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate regarding the development of
the gap memo under subsection (c) of section 603 of the
Foreign Service Act of 1980, as added by subsection (a).
(2) Definition.--In this subsection, the term ``gap memo''
has the meaning given such term in subsection (c) of section
603 of the Foreign Service Act of 1980.
TITLE IV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION
SEC. 1401. DEFINITIONS.
In this title:
(1) Applicant flow data.--The term ``applicant flow data''
means data that tracks the rate of applications for job
positions among demographic categories.
(2) Demographic data.--The term ``demographic data'' means
facts or statistics relating to the demographic categories
specified in the Office of Management and Budget statistical
policy directive entitled ``Standards for Maintaining,
Collecting, and Presenting Federal Data on Race and
Ethnicity'' (81 Fed. Reg. 67398).
(3) Diversity.--The term ``diversity'' means those classes
of persons protected under the Civil Rights Act of 1964 (42
U.S.C. 2000a et seq.) and the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.).
(4) Workforce.--The term ``workforce'' means--
(A) individuals serving in a position in the civil service
(as such term is defined in section 2101 of title 5, United
States Code);
(B) individuals who are members of the Foreign Service (as
such term defined in section 103 of the Foreign Service Act
of 1980 (22 U.S.C. 3902));
(C) all individuals serving under a personal services
contract;
(D) all individuals serving under a Foreign Service limited
appointment under section 309 of the Foreign Service Act of
1980 (22 U.S.C. 3949); or
(E) individuals other than Locally Employed Staff working
in the Department of State under any other authority.
SEC. 1402. COLLECTION, ANALYSIS, AND DISSEMINATION OF
WORKFORCE DATA.
(a) Initial Report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State shall,
in consultation with the Director of the Office of Personnel
Management and the Director of the Office of Management and
Budget, submit to the appropriate congressional committees a
report, which shall also be published on a publicly available
website of the Department in a searchable database format,
that includes disaggregated demographic data and other
information regarding the diversity of the workforce of the
Department of State.
(b) Data.--The report under subsection (a) shall include
the following data to the maximum extent collection of such
data is permissible by law:
(1) Demographic data on each element of the workforce of
the Department of State, disaggregated by rank and grade or
grade-equivalent, with respect to the following groups:
(A) Applicants for positions in the Department.
(B) Individuals hired to join the workforce.
(C) Individuals promoted during the 5-year period ending on
the date of the enactment of this Act, including promotions
to and within the Senior Executive Service or the Senior
Foreign Service.
(D) Individuals serving during the 5-year period ending on
the date of the enactment of this Act as special assistants
in any of the offices of the Secretary of State, the Deputy
Secretary of State, the Counselor of the Department of State,
the Secretary's Policy Planning Staff, the Under Secretary
for Arms Control and International Security, the Under
Secretary for Civilian Security, Democracy, and Human Rights,
the Under Secretary for Economic Growth, Energy, and the
Environment, the Undersecretary for Management, the
Undersecretary of State for Political Affairs, and the
Undersecretary for Public Diplomacy and Public Affairs.
(E) Individuals serving in the 5-year period ending on the
date of the enactment of this Act in each bureau's front
office.
(F) Individuals serving in the 5-year period ending on the
date of the enactment of this Act as detailees to the
National Security Council.
[[Page H2443]]
(G) Individuals serving on applicable selection boards.
(H) Members of any external advisory committee or board who
are subject to appointment by individuals at senior positions
in the Department.
(I) Individuals participating in professional development
programs of the Department, and the extent to which such
participants have been placed into senior positions within
the Department after such participation.
(J) Individuals participating in mentorship or retention
programs.
(K) Individuals who separated from the agency during the 5-
year period ending on the date of the enactment of this Act,
including individuals in the Senior Executive Service or the
Senior Foreign Service.
(2) An assessment of agency compliance with the essential
elements identified in Equal Employment Opportunity
Commission Management Directive 715, effective October 1,
2003.
(3) Data on the overall number of individuals who are part
of the workforce, the percentages of such workforce
corresponding to each element specified in section 1401(4),
and the percentages corresponding to each rank, grade, or
grade-equivalent.
(c) Recommendation.--The Secretary of State may include in
the report under subsection (a) a recommendation to the
Director of Office of Management and Budget and to the
appropriate congressional committees regarding whether the
Department of State should be permitted to collect more
detailed data on demographic categories in addition to the
race and ethnicity categories specified in the Office of
Management and Budget statistical policy directive entitled
``Standards for Maintaining, Collecting, and Presenting
Federal Data on Race and Ethnicity'' (81 Fed. Reg. 67398), in
order to comply with the intent and requirements of this Act.
(d) Other Contents.--The report under subsection (a) shall
also describe and assess the effectiveness of the efforts of
the Department of State--
(1) to propagate fairness, impartiality, and inclusion in
the work environment, both domestically and abroad;
(2) to enforce anti-harassment and anti-discrimination
policies, both domestically and at posts overseas;
(3) to refrain from engaging in unlawful discrimination in
any phase of the employment process, including recruitment,
hiring, evaluation, assignments, promotion, retention, and
training;
(4) to prevent retaliation against employees for
participating in a protected equal employment opportunity
activity or for reporting sexual harassment or sexual
assault;
(5) to provide reasonable accommodation for qualified
employees and applicants with disabilities; and
(6) to recruit a representative workforce by--
(A) recruiting women, persons with disabilities, and
minorities;
(B) recruiting at women's colleges, historically Black
colleges and universities, minority-serving institutions, and
other institutions serving a significant percentage of
minority students;
(C) placing job advertisements in newspapers, magazines,
and job sites oriented toward women and minorities;
(D) sponsoring and recruiting at job fairs in urban and
rural communities and land-grant colleges or universities;
(E) providing opportunities through the Foreign Service
Internship Program under chapter 12 of the Foreign Service
Act of 1980 (22 U.S.C. 4141 et seq.) and other hiring
initiatives;
(F) recruiting mid-level and senior-level professionals
through programs designed to increase representation in
international affairs of people belonging to traditionally
under-represented groups;
(G) offering the Foreign Service written and oral
assessment examinations in several locations throughout the
United States to reduce the burden of applicants having to
travel at their own expense to take either or both such
examinations;
(H) expanding the use of paid internships; and
(I) supporting recruiting and hiring opportunities
through--
(i) the Charles B. Rangel International Affairs Fellowship
Program;
(ii) the Thomas R. Pickering Foreign Affairs Fellowship
Program; and
(iii) other initiatives, including agency-wide policy
initiatives.
(e) Annual Updates.--Not later than one year after the
publication of the report required under subsection (a) and
annually thereafter for the following five years, the
Secretary of State shall work with the Director of the Office
of Personnel Management and the Director of the Office of
Management and Budget to provide a report to the appropriate
congressional committees, which shall be posted on the
Department's website, which may be included in another annual
report required under another provision of law, that
includes--
(1) disaggregated demographic data, to the maximum extent
collection of such data is permissible by law, relating to
the workforce and information on the status of diversity and
inclusion efforts of the Department;
(2) an analysis of applicant flow data, to the maximum
extent collection of such data is permissible by law,; and
(3) disaggregated demographic data relating to participants
in professional development programs of the Department and
the rate of placement into senior positions for participants
in such programs.
SEC. 1403. EXIT INTERVIEWS FOR WORKFORCE.
(a) Retained Members.--The Director General of the Foreign
Service and the Director of the Bureau of Human Resources or
its equivalent shall conduct periodic interviews with a
representative and diverse cross-section of the workforce of
the Department of State--
(1) to understand the reasons of individuals in such
workforce for remaining in a position in the Department; and
(2) to receive feedback on workplace policies, professional
development opportunities, and other issues affecting the
decision of individuals in the workforce to remain in the
Department.
(b) Departing Members.--The Director General of the Foreign
Service and the Director of the Bureau of Human Resources or
its equivalent shall provide an opportunity for an exit
interview to each individual in the workforce of the
Department of State who separates from service with the
Department to better understand the reasons of such
individual for leaving such service.
(c) Use of Analysis From Interviews.--The Director General
of the Foreign Service and the Director of the Bureau of
Human Resources or its equivalent shall analyze demographic
data and other information obtained through interviews under
subsections (a) and (b) to determine--
(1) to what extent, if any, the diversity of those
participating in such interviews impacts the results; and
(2) whether to implement any policy changes or include any
recommendations in a report required under subsection (a) or
(e) of section 1402 relating to the determination reached
pursuant to paragraph (1).
(d) Tracking Data.--The Department of State shall--
(1) track demographic data relating to participants in
professional development programs and the rate of placement
into senior positions for participants in such programs;
(2) annually evaluate such data--
(A) to identify ways to improve outreach and recruitment
for such programs, consistent with merit system principles;
and
(B) to understand the extent to which participation in any
professional development program offered or sponsored by the
Department differs among the demographic categories of the
workforce; and
(3) actively encourage participation from a range of
demographic categories, especially from categories with
consistently low participation, in such professional
development programs.
SEC. 1404. RECRUITMENT AND RETENTION.
(a) In General.--The Secretary of State shall--
(1) continue to seek a diverse and talented pool of
applicants; and
(2) instruct the Director General of the Foreign Service
and the Director of the Bureau of Human Resources of the
Department of State to have a recruitment plan of action for
the recruitment of people belonging to traditionally under-
represented groups, which should include outreach at
appropriate colleges, universities, affinity groups, and
professional associations.
(b) Scope.--The diversity recruitment initiatives described
in subsection (a) shall include--
(1) recruiting at women's colleges, historically Black
colleges and universities, minority-serving institutions, and
other institutions serving a significant percentage of
minority students;
(2) placing job advertisements in newspapers, magazines,
and job sites oriented toward diverse groups;
(3) sponsoring and recruiting at job fairs in urban and
rural communities and land-grant colleges or universities;
(4) providing opportunities through highly respected,
international leadership programs, that focus on diversity
recruitment and retention;
(5) expanding the use of paid internships; and
(6) cultivating partnerships with organizations dedicated
to the advancement of the profession of international affairs
and national security to advance shared diversity goals.
(c) Expand Training on Anti-harassment and Anti-
discrimination.--
(1) In general.--The Secretary of State shall, through the
Foreign Service Institute and other educational and training
opportunities--
(A) ensure the provision to all individuals in the
workforce of training on anti-harassment and anti-
discrimination information and policies, including in
existing Foreign Service Institute courses or modules
prioritized in the Department of State's Diversity and
Inclusion Strategic Plan for 2016-2020 to promote diversity
in Bureau awards or mitigate unconscious bias;
(B) expand the provision of training on workplace rights
and responsibilities to focus on anti-harassment and anti-
discrimination information and policies, including policies
relating to sexual assault prevention and response; and
(C) make such expanded training mandatory for--
(i) individuals in senior and supervisory positions;
(ii) individuals having responsibilities related to
recruitment, retention, or promotion of employees; and
(iii) any other individual determined by the Department who
needs such training
[[Page H2444]]
based on analysis by the Department or OPM analysis.
(2) Best practices.--The Department of State shall give
special attention to ensuring the continuous incorporation of
research-based best practices in training provided under this
subsection.
SEC. 1405. PROMOTING DIVERSITY AND INCLUSION IN THE NATIONAL
SECURITY WORKFORCE.
(a) In General.--The Secretary of State shall ensure that
individuals in senior and supervisory positions of the
Department of State, or Department individuals having
responsibilities related to recruitment, retention, or
promotion of employees, should have a demonstrated commitment
to equal opportunity, diversity, and inclusion.
(b) Consideration.--In making any recommendations on
nominations, conducting interviews, identifying or selecting
candidates, or appointing acting individuals for positions
equivalent to an Assistant Secretary or above, the Secretary
of State shall use best efforts to consider at least one
individual reflective of diversity.
(c) Establishment.--
(1) In general.--The Secretary of State shall establish a
mechanism to ensure that appointments or details of
Department of State employees to staff positions in the
Offices of the Secretary, the Deputy Secretary, the Counselor
of the Department, the Secretary's Policy Planning Staff, or
any of the Undersecretaries of State, and details to the
National Security Council, are transparent, competitive,
equitable, and inclusive, and made without regard to an
individual's race, color, religion, sex (including pregnancy,
transgender status, or sexual orientation), national origin,
age (if 40 or older), disability, or genetic information.
(2) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report regarding
the mechanism required under paragraph (1).
(d) Availability.--The Secretary of State shall use best
efforts to consider at least one individual reflective of
diversity for the staff positions specified in subsection
(c)(1) and ensure such positions are equitably available to
employees of the civil service and Foreign Service.
SEC. 1406. LEADERSHIP ENGAGEMENT AND ACCOUNTABILITY.
(a) Reward and Recognize Efforts to Promote Diversity and
Inclusion.--
(1) In general.--The Secretary of State shall implement
performance and advancement requirements that reward and
recognize the efforts of individuals in senior positions and
supervisors in the Department of State in fostering an
inclusive environment and cultivating talent consistent with
merit system principles, such as through participation in
mentoring programs or sponsorship initiatives, recruitment
events, and other similar opportunities.
(2) Outreach events.--The Secretary of State shall create
opportunities for individuals in senior positions and
supervisors in the Department of State to participate in
outreach events and to discuss issues relating to diversity
and inclusion with the workforce on a regular basis,
including with employee resource groups.
(b) External Advisory Committees and Boards.--For each
external advisory committee or board to which individuals in
senior positions in the Department of State appoint members,
the Secretary of State is strongly encouraged by Congress to
ensure such external advisory committee or board is
developed, reviewed, and carried out by qualified teams that
represent the diversity of the organization.
SEC. 1407. PROFESSIONAL DEVELOPMENT OPPORTUNITIES AND TOOLS.
(a) Expand Provision of Professional Development and Career
Advancement Opportunities.--
(1) In general.--The Secretary of State is authorized to
expand professional development opportunities that support
the mission needs of the Department of State, such as--
(A) academic programs;
(B) private-public exchanges; and
(C) detail assignments to relevant positions in--
(i) private or international organizations;
(ii) State, local, and Tribal governments;
(iii) other branches of the Federal Government; or
(iv) professional schools of international affairs.
(2) Training for senior positions.--
(A) In general.--The Secretary of State shall offer, or
sponsor members of the workforce to participate in, a Senior
Executive Service candidate development program or other
program that trains members on the skills required for
appointment to senior positions in the Department of State.
(B) Requirements.--In determining which members of the
workforce are granted professional development or career
advancement opportunities under subparagraph (A), the
Secretary of State shall--
(i) ensure any program offered or sponsored by the
Department of State under such subparagraph comports with the
requirements of subpart C of part 412 of title 5, Code of
Federal Regulations, or any successor thereto, including
merit staffing and assessment requirements;
(ii) consider the number of expected vacancies in senior
positions as a factor in determining the number of candidates
to select for such programs;
(iii) understand how participation in any program offered
or sponsored by the Department under such subparagraph
differs by gender, race, national origin, disability status,
or other demographic categories; and
(iv) actively encourage participation from a range of
demographic categories, especially from categories with
consistently low participation.
SEC. 1408. EXAMINATION AND ORAL ASSESSMENT FOR THE FOREIGN
SERVICE.
(a) Sense of Congress.--It is the sense of Congress that
the Department of State should offer both the Foreign Service
written examination and oral assessment in more locations
throughout the United States. Doing so would ease the
financial burden on potential candidates who do not currently
reside in and must travel at their own expense to one of the
few locations where these assessments are offered.
(b) Foreign Service Examinations.--Section 301(b) of the
Foreign Service Act of 1980 (22 U.S.C. 3941) is amended--
(1) by striking ``The Secretary'' and inserting: ``(1) The
Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary shall ensure that the Board of
Examiners for the Foreign Service annually offers the oral
assessment examinations described in paragraph (1) in cities,
chosen on a rotating basis, located in at least three
different time zones across the United States.''.
SEC. 1409. PAYNE FELLOWSHIP AUTHORIZATION.
(a) In General.--Undergraduate and graduate components of
the Donald M. Payne International Development Fellowship
Program may conduct outreach to attract outstanding students
with an interest in pursuing a Foreign Service career who
represent diverse ethnic and socioeconomic backgrounds.
(b) Review of Past Programs.--The Secretary of State shall
review past programs designed to increase minority
representation in international affairs positions.
SEC. 1410. VOLUNTARY PARTICIPATION.
(a) In General.--Nothing in this title should be construed
so as to compel any employee to participate in the collection
of the data or divulge any personal information. Department
of State employees shall be informed that their participation
in the data collection contemplated by this title is
voluntary.
(b) Privacy Protection.--Any data collected under this
title shall be subject to the relevant privacy protection
statutes and regulations applicable to Federal employees.
TITLE V--INFORMATION SECURITY
SEC. 1501. DEFINITIONS.
In this title:
(1) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3(4)
of the National Security Act of 1947 (50 U.S.C. 3003(4)).
(2) Relevant congressional committees.--The term ``relevant
congressional committees'' means--
(A) the appropriate congressional committees;
(B) the Select Committee on Intelligence of the Senate; and
(C) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 1502. LIST OF CERTAIN TELECOMMUNICATIONS PROVIDERS.
(a) List of Covered Contractors.--Not later than 30 days
after the date of the enactment of this Act, the Secretary of
State, in consultation with the Director of National
Intelligence, shall develop or maintain, as the case may be,
and update as frequently as the Secretary determines
appropriate, a list of covered contractors with respect to
which the Department should seek to avoid entering into
contracts. Not later than 30 days after the initial
development of the list under this subsection, any update
thereto, and annually thereafter for five years after such
initial 30 day period, the Secretary shall submit to the
appropriate congressional committees a copy of such list.
(b) Covered Contractor Defined.--In this section, the term
``covered contractor'' means a provider of
telecommunications, telecommunications equipment, or
information technology equipment, including hardware,
software, or services, that has knowingly assisted or
facilitated a cyber attack or conducted surveillance,
including passive or active monitoring, carried out against--
(1) the United States by, or on behalf of, any government,
or persons associated with such government, listed as a cyber
threat actor in the intelligence community's 2017 assessment
of worldwide threats to United States national security or
any subsequent worldwide threat assessment of the
intelligence community; or
(2) individuals, including activists, journalists,
opposition politicians, or other individuals for the purposes
of suppressing dissent or intimidating critics, on behalf of
a country included in the annual country reports on human
rights practices of the Department for systematic acts of
political repression, including arbitrary arrest or
detention, torture, extrajudicial or politically motivated
killing, or other gross violations of human rights.
SEC. 1503. PRESERVING RECORDS OF ELECTRONIC COMMUNICATIONS
CONDUCTED RELATED TO OFFICIAL DUTIES OF
POSITIONS IN THE PUBLIC TRUST OF THE AMERICAN
PEOPLE.
(a) Sense of Congress.--It is the sense of Congress that
all officers and employees of the Department and the United
States Agency for International Development are obligated
under chapter 31 of title 44, United
[[Page H2445]]
States Code (popularly referred to as the Federal Records Act
of 1950), to create and preserve records containing adequate
and proper documentation of the organization, functions,
policies, decisions, procedures, and essential transactions
or operations of the Department and United States embassies,
consulates, and missions abroad, including records of
official communications with foreign government officials or
other foreign entities.
(b) Certification.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to
the appropriate congressional committees a certification in
unclassified form that Secretary has communicated to all
Department personnel, including the Secretary of State and
all political appointees, that such personnel are obligated
under chapter 31 of title 44, United States Code, to treat
electronic messaging systems, software, and applications as
equivalent to electronic mail for the purpose of identifying
Federal records.
SEC. 1504. FOREIGN RELATIONS OF THE UNITED STATES (FRUS)
SERIES AND DECLASSIFICATION.
The State Department Basic Authorities Act of 1956 is
amended--
(1) in section 402(a)(2) (22 U.S.C. 4352(a)(2)), by
striking ``26'' and inserting ``20''; and
(2) in section 404 (22 U.S.C. 4354)--
(A) in subsection (a)(1), by striking ``30''and inserting
``25''; and
(B) in subsection (c)(1)(C), by striking ``30'' and
inserting ``25''.
SEC. 1505. VULNERABILITY DISCLOSURE POLICY AND BUG BOUNTY
PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Bug bounty program.--The term ``bug bounty program''
means a program under which an approved individual,
organization, or company is temporarily authorized to
identify and report vulnerabilities of internet-facing
information technology of the Department of State in exchange
for compensation.
(2) Information technology.--The term ``information
technology'' has the meaning given such term in section 11101
of title 40, United States Code.
(b) Vulnerability Disclosure Process.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall
design, establish, and make publicly known a Vulnerability
Disclosure Process (VDP) to improve Department of State
cybersecurity by--
(A) providing security researchers with clear guidelines
for--
(i) conducting vulnerability discovery activities directed
at Department information technology; and
(ii) submitting discovered security vulnerabilities to the
Department; and
(B) creating Department procedures and infrastructure to
receive and fix discovered vulnerabilities.
(2) Requirements.--In establishing the VDP pursuant to
paragraph (1), the Secretary of State shall--
(A) identify which Department of State information
technology should be included in the process;
(B) determine whether the process should differentiate
among and specify the types of security vulnerabilities that
may be targeted;
(C) provide a readily available means of reporting
discovered security vulnerabilities and the form in which
such vulnerabilities should be reported;
(D) identify which Department offices and positions will be
responsible for receiving, prioritizing, and addressing
security vulnerability disclosure reports;
(E) consult with the Attorney General regarding how to
ensure that individuals, organizations, and companies that
comply with the requirements of the process are protected
from prosecution under section 1030 of title 18, United
States Code, and similar provisions of law for specific
activities authorized under the process;
(F) consult with the relevant offices at the Department of
Defense that were responsible for launching the 2016
Vulnerability Disclosure Program, ``Hack the Pentagon'', and
subsequent Department of Defense bug bounty programs;
(G) engage qualified interested persons, including
nongovernmental sector representatives, about the structure
of the process as constructive and to the extent practicable;
and
(H) award contracts to entities, as necessary, to manage
the process and implement the remediation of discovered
security vulnerabilities.
(3) Annual reports.--Not later than 180 days after the
establishment of the VDP under paragraph (1) and annually
thereafter for the next five years, the Secretary of State
shall submit to the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign Relations of
the Senate a report on the VDP, including information
relating to the following:
(A) The number and severity of all security vulnerabilities
reported.
(B) The number of previously unidentified security
vulnerabilities remediated as a result.
(C) The current number of outstanding previously
unidentified security vulnerabilities and Department of State
remediation plans.
(D) The average length of time between the reporting of
security vulnerabilities and remediation of such
vulnerabilities.
(E) The resources, surge staffing, roles, and
responsibilities within the Department used to implement the
VDP and complete security vulnerability remediation.
(F) Any other information the Secretary determines
relevant.
(c) Bug Bounty Pilot Program.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of State shall
establish a bug bounty pilot program to minimize security
vulnerabilities of internet-facing information technology of
the Department of State.
(2) Requirements.--In establishing the pilot program
described in paragraph (1), the Secretary of State shall--
(A) provide compensation for reports of previously
unidentified security vulnerabilities within the websites,
applications, and other internet-facing information
technology of the Department of State that are accessible to
the public;
(B) award contracts to entities, as necessary, to manage
such pilot program and for executing the remediation of
security vulnerabilities identified pursuant to subparagraph
(A);
(C) identify which Department of State information
technology should be included in such pilot program;
(D) consult with the Attorney General on how to ensure that
individuals, organizations, or companies that comply with the
requirements of such pilot program are protected from
prosecution under section 1030 of title 18, United States
Code, and similar provisions of law for specific activities
authorized under such pilot program;
(E) consult with the relevant offices at the Department of
Defense that were responsible for launching the 2016 ``Hack
the Pentagon'' pilot program and subsequent Department of
Defense bug bounty programs;
(F) develop a process by which an approved individual,
organization, or company can register with the entity
referred to in subparagraph (B), submit to a background check
as determined by the Department of State, and receive a
determination as to eligibility for participation in such
pilot program;
(G) engage qualified interested persons, including
nongovernmental sector representatives, about the structure
of such pilot program as constructive and to the extent
practicable; and
(H) consult with relevant United States Government
officials to ensure that such pilot program complements
persistent network and vulnerability scans of the Department
of State's internet-accessible systems, such as the scans
conducted pursuant to Binding Operational Directive BOD-19-02
or successor directive.
(3) Duration.--The pilot program established under
paragraph (1) should be short-term in duration and not last
longer than one year.
(4) Report.--Not later than 180 days after the date on
which the bug bounty pilot program under subsection (a) is
completed, the Secretary of State shall submit to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
a report on such pilot program, including information
relating to--
(A) the number of approved individuals, organizations, or
companies involved in such pilot program, broken down by the
number of approved individuals, organizations, or companies
that--
(i) registered;
(ii) were approved;
(iii) submitted security vulnerabilities; and
(iv) received compensation;
(B) the number and severity of all security vulnerabilities
reported as part of such pilot program;
(C) the number of previously unidentified security
vulnerabilities remediated as a result of such pilot program;
(D) the current number of outstanding previously
unidentified security vulnerabilities and Department
remediation plans;
(E) the average length of time between the reporting of
security vulnerabilities and remediation of such
vulnerabilities;
(F) the types of compensation provided under such pilot
program; and
(G) the lessons learned from such pilot program.
(d) Use of Funds.--Compensation offered by the Department
subject to this section shall be funded by amounts
appropriated pursuant to--
(1) the authorization of appropriations under section 1001;
and
(2) any other Act.
TITLE VI--PUBLIC DIPLOMACY
SEC. 1601. SHORT TITLE.
This title may be cited as the ``Public Diplomacy
Modernization Act of 2021''.
SEC. 1602. AVOIDING DUPLICATION OF PROGRAMS AND EFFORTS.
The Secretary of State shall--
(1) identify opportunities for greater efficiency of
operations, including through improved coordination of
efforts across public diplomacy bureaus and offices of the
Department of State; and
(2) maximize shared use of resources between, and within,
such public diplomacy bureaus and offices in cases in which
programs, facilities, or administrative functions are
duplicative or substantially overlapping.
SEC. 1603. IMPROVING RESEARCH AND EVALUATION OF PUBLIC
DIPLOMACY.
(a) Research and Evaluation Activities.--The Secretary of
State, acting through the Director of Research and Evaluation
appointed pursuant to subsection (b), shall--
(1) conduct regular research and evaluation of public
diplomacy programs and activities
[[Page H2446]]
of the Department, including through the routine use of
audience research, digital analytics, and impact evaluations,
to plan and execute such programs and activities; and
(2) make available to Congress the findings of the research
and evaluations conducted under paragraph (1).
(b) Director of Research and Evaluation.--
(1) Appointment.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall
appoint a Director of Research and Evaluation (referred to in
this subsection as the ``Director'') in the Office of Policy,
Planning, and Resources for Public Diplomacy and Public
Affairs of the Department.
(2) Limitation on appointment.--The appointment of the
Director pursuant to paragraph (1) shall not result in an
increase in the overall full-time equivalent positions within
the Department of State.
(3) Responsibilities.--The Director shall--
(A) coordinate and oversee the research and evaluation of
public diplomacy programs and activities of the Department of
State in order to--
(i) improve public diplomacy strategies and tactics; and
(ii) ensure that such programs and activities are
increasing the knowledge, understanding, and trust of the
United States by relevant target audiences;
(B) routinely organize and oversee audience research,
digital analytics, and impact evaluations across all public
diplomacy bureaus and offices of the Department;
(C) support United States diplomatic posts' public affairs
sections;
(D) share appropriate public diplomacy research and
evaluation information within the Department and with other
appropriate Federal departments and agencies;
(E) regularly design and coordinate standardized research
questions, methodologies, and procedures to ensure that
public diplomacy programs and activities across all public
diplomacy bureaus and offices are designed to meet
appropriate foreign policy objectives; and
(F) report biannually to the United States Advisory
Commission on Public Diplomacy, through the Subcommittee on
Research and Evaluation established pursuant to subsection
(f), regarding the research and evaluation of all public
diplomacy bureaus and offices.
(4) Guidance and training.--Not later than one year after
the appointment of the Director pursuant to paragraph (1),
the Director shall develop guidance and training, including
curriculum for use by the Foreign Service Institute, for all
public diplomacy officers of the Department regarding the
reading and interpretation of public diplomacy program and
activity evaluation findings to ensure that such findings and
related lessons learned are implemented in the planning and
evaluation of all public diplomacy programs and activities of
the Department.
(c) Prioritizing Research and Evaluation.--
(1) In general.--The head of the Office of Policy,
Planning, and Resources for Public Diplomacy and Public
Affairs of the Department of State shall ensure that research
and evaluation of public diplomacy and activities of the
Department, as coordinated and overseen by the Director
pursuant to subsection (b), supports strategic planning and
resource allocation across all public diplomacy bureaus and
offices of the Department.
(2) Allocation of resources.--Amounts allocated for the
purpose of research and evaluation of public diplomacy
programs and activities of the Department of State pursuant
to subsection (b) shall be made available to be disbursed at
the direction of the Director of Research and Evaluation
among the research and evaluation staff across all public
diplomacy bureaus and offices of the Department.
(3) Sense of congress.--It is the sense of Congress that
the Department of State should gradually increase its
allocation of funds made available under the headings
``Educational and Cultural Exchange Programs'' and
``Diplomatic Programs'' for research and evaluation of public
diplomacy programs and activities of the Department pursuant
to subsection (b) to a percentage of program funds that is
commensurate with Federal Government best practices.
(d) Limited Exemption Relating to the Paperwork Reduction
Act.--Chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'') shall not apply to
the collection of information directed at any individuals
conducted by, or on behalf of, the Department of State for
the purpose of audience research, monitoring, and
evaluations, and in connection with the Department's
activities conducted pursuant to any of the following:
(1) The Mutual Educational and Cultural Exchange Act of
1961 (22 U.S.C. 2451 et seq.).
(2) Section 1287 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 22 U.S.C. 2656
note).
(3) The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.).
(e) Limited Exemption Relating to the Privacy Act.--
(1) In general.--The Department of State shall maintain,
collect, use, and disseminate records (as such term is
defined in section 552a(a)(4) of title 5, United States Code)
for audience research, digital analytics, and impact
evaluation of communications related to public diplomacy
efforts intended for foreign audiences.
(2) Conditions.--Audience research, digital analytics, and
impact evaluations under paragraph (1) shall be--
(A) reasonably tailored to meet the purposes of this
subsection; and
(B) carried out with due regard for privacy and civil
liberties guidance and oversight.
(f) United States Advisory Commission on Public
Diplomacy.--
(1) Subcommittee for research and evaluation.--The United
States Advisory Commission on Public Diplomacy shall
establish a Subcommittee on Research and Evaluation to
monitor and advise regarding audience research, digital
analytics, and impact evaluations carried out by the
Department of State and the United States Agency for Global
Media.
(2) Annual report.--The Subcommittee on Research and
Evaluation established pursuant to paragraph (1) shall submit
to the appropriate congressional committees an annual report,
in conjunction with the United States Advisory Commission on
Public Diplomacy's Comprehensive Annual Report on the
performance of the Department and the United States Agency
for Global Media, describing all actions taken by the
Subcommittee pursuant to paragraph (1) and any findings made
as a result of such actions.
SEC. 1604. PERMANENT REAUTHORIZATION OF THE UNITED STATES
ADVISORY COMMISSION ON PUBLIC DIPLOMACY.
(a) In General.--Section 1334 of the Foreign Affairs Reform
and Restructuring Act of 1998 (22 U.S.C. 6553) is amended--
(1) in the section heading, by striking ``sunset'' and
inserting ``continuation''; and
(2) by striking ``until October 1, 2021''.
(b) Clerical Amendment.--The table of contents in section
1002(b) of the Foreign Affairs Reform and Restructuring Act
of 1998 is amended by amending the item relating to section
1334 to read as follows:
``Sec. 1334. Continuation of United States Advisory Commission on
Public Diplomacy.''.
SEC. 1605. STREAMLINING OF SUPPORT FUNCTIONS.
(a) Working Group Established.--Not later than 60 days
after the date of the enactment of this Act, the Secretary of
State shall establish a working group to explore the
possibilities and cost-benefit analysis of transitioning to a
shared services model as such pertains to human resources,
travel, purchasing, budgetary planning, and all other
executive support functions for all bureaus of the Department
that report to the Under Secretary for Public Diplomacy of
the Department.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a plan to implement
any such findings of the working group established under
subsection (a).
SEC. 1606. GUIDANCE FOR CLOSURE OF PUBLIC DIPLOMACY
FACILITIES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall
adopt, and include in the Foreign Affairs Manual, guidelines
to collect and utilize information from each diplomatic post
at which the construction of a new embassy compound or new
consulate compound would result in the closure or co-location
of an American Space, American Center, American Corner, or
any other public diplomacy facility under the Secure Embassy
Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865
et seq.).
(b) Requirements.--The guidelines required by subsection
(a) shall include the following:
(1) Standardized notification to each chief of mission at a
diplomatic post describing the requirements of the Secure
Embassy Construction and Counterterrorism Act of 1999 and the
impact on the mission footprint of such requirements.
(2) An assessment and recommendations from each chief of
mission of potential impacts to public diplomacy programming
at such diplomatic post if any public diplomacy facility
referred to in subsection (a) is closed or staff is co-
located in accordance with such Act.
(3) A process by which assessments and recommendations
under paragraph (2) are considered by the Secretary of State
and the appropriate Under Secretaries and Assistant
Secretaries of the Department.
(4) Notification to the appropriate congressional
committees, prior to the initiation of a new embassy compound
or new consulate compound design, of the intent to close any
such public diplomacy facility or co-locate public diplomacy
staff in accordance with such Act.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report containing
the guidelines required under subsection (a) and any
recommendations for any modifications to such guidelines.
SEC. 1607. DEFINITIONS.
In this title:
(1) Audience research.--The term ``audience research''
means research conducted at the outset of a public diplomacy
program or the outset of campaign planning and design
regarding specific audience segments to understand the
attitudes, interests, knowledge, and behaviors of such
audience segments.
(2) Digital analytics.--The term ``digital analytics''
means the analysis of qualitative and quantitative data,
accumulated in digital format, to indicate the outputs and
outcomes of a public diplomacy program or campaign.
[[Page H2447]]
(3) Impact evaluation.--The term ``impact evaluation''
means an assessment of the changes in the audience targeted
by a public diplomacy program or campaign that can be
attributed to such program or campaign.
(4) Public diplomacy bureaus and offices.--The term
``public diplomacy bureaus and offices'' means, with respect
to the Department, the following:
(A) The Bureau of Educational and Cultural Affairs.
(B) The Bureau of Global Public Affairs.
(C) The Office of Policy, Planning, and Resources for
Public Diplomacy and Public Affairs.
(D) The Global Engagement Center.
(E) The public diplomacy functions within the regional and
functional bureaus.
TITLE VII--COMBATING PUBLIC CORRUPTION
SEC. 1701. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) it is in the foreign policy interest of the United
States to help foreign countries promote good governance and
combat public corruption;
(2) multiple Federal departments and agencies operate
programs that promote good governance in foreign countries
and enhance such countries' ability to combat public
corruption; and
(3) the Department of State should--
(A) promote coordination among the Federal departments and
agencies implementing programs to promote good governance and
combat public corruption in foreign countries in order to
improve effectiveness and efficiency; and
(B) identify areas in which United States efforts to help
other countries promote good governance and combat public
corruption could be enhanced.
SEC. 1702. ANNUAL ASSESSMENT.
(a) In General.--For each of fiscal years 2022 through
2027, the Secretary of State shall assess the capacity and
commitment of foreign governments to which the United States
provides foreign assistance under the Foreign Assistance Act
of 1961 (22 U.S.C. 2151 et seq.) or the Arms Export Control
Act (22 U.S.C. 2751 et seq.) to combat public corruption.
Each such assessment shall--
(1) utilize independent, third party indicators that
measure transparency, accountability, and corruption in the
public sector in such countries, including the extent to
which public power is exercised for private gain, to identify
those countries that are most vulnerable to public
corruption;
(2) consider, to the extent reliable information is
available, whether the government of a country identified
under paragraph (1)--
(A) has adopted measures to prevent public corruption, such
as measures to inform and educate the public, including
potential victims, about the causes and consequences of
public corruption;
(B) has enacted laws and established government structures,
policies, and practices that prohibit public corruption;
(C) enforces such laws through a fair judicial process;
(D) vigorously investigates, prosecutes, convicts, and
sentences public officials who participate in or facilitate
public corruption, including nationals of such country who
are deployed in foreign military assignments, trade
delegations abroad, or other similar missions who engage in
or facilitate public corruption;
(E) prescribes appropriate punishment for serious and
significant corruption that is commensurate with the
punishment prescribed for serious crimes;
(F) prescribes appropriate punishment for significant
corruption that provides a sufficiently stringent deterrent
and adequately reflects the nature of the offense;
(G) convicts and sentences persons responsible for such
acts that take place wholly or partly within the country of
such government, including, as appropriate, requiring the
incarceration of individuals convicted of such acts;
(H) holds private sector representatives accountable for
their role in public corruption; and
(I) addresses threats for civil society to monitor anti-
corruption efforts;
(3) further consider--
(A) verifiable measures taken by the government of a
country identified under paragraph (1) to prohibit government
officials from participating in, facilitating, or condoning
public corruption, including the investigation, prosecution,
and conviction of such officials;
(B) the extent to which such government provides access,
or, as appropriate, makes adequate resources available, to
civil society organizations and other institutions to combat
public corruption, including reporting, investigating, and
monitoring;
(C) the extent to which an independent judiciary or
judicial body in such country is responsible for, and
effectively capable of, deciding public corruption cases
impartially, on the basis of facts and in accordance with
law, without any improper restrictions, influences,
inducements, pressures, threats, or interferences, whether
direct or indirect, from any source or for any reason;
(D) the extent to which such government cooperates
meaningfully with the United States to strengthen government
and judicial institutions and the rule of law to prevent,
prohibit, and punish public corruption; and
(E) the extent to which such government--
(i) is assisting in international investigations of
transnational public corruption networks and in other
cooperative efforts to combat serious, significant
corruption, including cooperating with the governments of
other countries to extradite corrupt actors;
(ii) recognizes the rights of victims of public corruption,
ensures their access to justice, and takes steps to prevent
such victims from being further victimized or persecuted by
corrupt actors, government officials, or others; and
(iii) refrains from prosecuting legitimate victims of
public corruption or whistleblowers due to such persons
having assisted in exposing public corruption, and refrains
from other discriminatory treatment of such persons; and
(4) contain such other information relating to public
corruption as the Secretary of State considers appropriate.
(b) Identification.--After conducting each assessment under
subsection (a), the Secretary of State shall identify, of the
countries described in subsection (a)(1)--
(1) which countries are meeting minimum standards to combat
public corruption;
(2) which countries are not meeting such minimum standards
but are making significant efforts to do so; and
(3) which countries are not meeting such minimum standards
and are not making significant efforts to do so.
(c) Report.--Except as provided in subsection (d), not
later than 180 days after the date of the enactment of this
Act and annually thereafter through fiscal year 2027, the
Secretary of State shall submit to the appropriate
congressional committees, the Committee on Appropriations of
the House of Representatives, and the Committee on
Appropriations of the Senate a report, and make such report
publicly available, that--
(1) identifies the countries described in subsection (a)(1)
and paragraphs (2) and (3) of subsection (b);
(2) describes the methodology and data utilized in the
assessments under subsection (a); and
(3) identifies the reasons for the identifications referred
to in paragraph (1).
(d) Briefing in Lieu of Report.--The Secretary of State may
waive the requirement to submit and make publicly available a
written report under subsection (c) if the Secretary--
(1) determines that publication of such report would--
(A) undermine existing United States anti-corruption
efforts in one or more countries; or
(B) threaten the national interests of the United States;
and
(2) provides to the appropriate congressional committees a
briefing that--
(A) identifies the countries described in subsection (a)(1)
and paragraphs (2) and (3) of subsection (b);
(B) describes the methodology and data utilized in the
assessment under subsection (a); and
(C) identifies the reasons for the identifications referred
to in subparagraph (A).
SEC. 1703. TRANSPARENCY AND ACCOUNTABILITY.
For each country identified under paragraphs (2) and (3) of
section 1702(b), the Secretary of State, in coordination with
the Administrator of the United States Agency for
International Development, as appropriate, shall--
(1) ensure that a corruption risk assessment and mitigation
strategy is included in the integrated country strategy for
such country; and
(2) utilize appropriate mechanisms to combat corruption in
such countries, including by ensuring--
(A) the inclusion of anti-corruption clauses in contracts,
grants, and cooperative agreements entered into by the
Department of State or the United States Agency for
International Development for or in such countries, which
allow for the termination of such contracts, grants, or
cooperative agreements, as the case may be, without penalty
if credible indicators of public corruption are discovered;
(B) the inclusion of appropriate clawback or flowdown
clauses within the procurement instruments of the Department
of State and the United States Agency for International
Development that provide for the recovery of funds
misappropriated through corruption;
(C) the appropriate disclosure to the United States
Government, in confidential form, if necessary, of the
beneficial ownership of contractors, subcontractors,
grantees, cooperative agreement participants, and other
organizations implementing programs on behalf of the
Department of State or the United States Agency for
International Development; and
(D) the establishment of mechanisms for investigating
allegations of misappropriated resources and equipment.
SEC. 1704. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF
CONTACT.
(a) In General.--The Secretary of State shall annually
designate an anti-corruption point of contact at the United
States diplomatic post to each country identified under
paragraphs (2) and (3) of section 1702(b), or which the
Secretary otherwise determines is in need of such a point of
contact. The point of contact shall be the chief of mission
or the chief of mission's designee.
(b) Responsibilities.--Each anti-corruption point of
contact designated under subsection (a) shall be responsible
for coordinating and overseeing the implementation of a
whole-of-government approach among the relevant Federal
departments and agencies operating programs that--
[[Page H2448]]
(1) promote good governance in foreign countries; and
(2) enhance the ability of such countries to--
(A) combat public corruption; and
(B) develop and implement corruption risk assessment tools
and mitigation strategies.
(c) Training.--The Secretary of State shall implement
appropriate training for anti-corruption points of contact
designated under subsection (a).
TITLE VIII--OTHER MATTERS
SEC. 1801. CASE-ZABLOCKI ACT REFORM.
Section 112b of title 1, United States Code, is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``sixty'' and
inserting ``30''; and
(B) in the second sentence, by striking ``Committee on
International Relations'' and inserting ``Committee on
Foreign Affairs''; and
(2) by amending subsection (b) to read as follows:
``(b) Each department or agency of the United States
Government that enters into any international agreement
described in subsection (a) on behalf of the United States,
shall designate a Chief International Agreements Officer,
who--
``(1) shall be a current employee of such department or
agency;
``(2) shall serve concurrently as Chief International
Agreements Officer; and
``(3) subject to the authority of the head of such
department or agency, shall have department or agency-wide
responsibility for efficient and appropriate compliance with
subsection (a) to transmit the text of any international
agreement to the Department of State expeditiously after such
agreement has been signed.''.
SEC. 1802. LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT.
Section 620(q) of the Foreign Assistance Act of 1961 (22
U.S.C. 2370(q)) is amended--
(1) by striking ``No assistance'' and inserting the
following ``(1) No assistance'';
(2) by inserting ``the government of'' before ``any
country'';
(3) by inserting ``the government of'' before ``such
country'' each place it appears;
(4) by striking ``determines'' and all that follows and
inserting ``determines, after consultation with the Committee
on Foreign Affairs and the Committee on Appropriations of the
House of Representatives and the Committee on Foreign
Relations and the Committee on Appropriations of the Senate,
that assistance for such country is in the national interest
of the United States.''; and
(5) by adding at the end the following:
``(2) No assistance shall be furnished under this Act, the
Peace Corps Act, the Millennium Challenge Act of 2003, the
African Development Foundation Act, the BUILD Act of 2018,
section 504 of the FREEDOM Support Act, or section 23 of the
Arms Export Control Act to the government of any country
which is in default during a period in excess of 1 calendar
year in payment to the United States of principal or interest
or any loan made to the government of such country by the
United States unless the President determines, following
consultation with the congressional committees specified in
paragraph (1), that assistance for such country is in the
national interest of the United States.''.
SEC. 1803. SEAN AND DAVID GOLDMAN CHILD ABDUCTION PREVENTION
AND RETURN ACT OF 2014 AMENDMENT.
Subsection (b) of section 101 of the Sean and David Goldman
International Child Abduction Prevention and Return Act of
2014 (22 U.S.C. 9111; Public Law 113-150) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) by inserting ``, respectively,'' after ``access
cases''; and
(ii) by inserting ``and the number of children involved''
before the semicolon at the end;
(B) in subparagraph (D), by inserting ``respectively, the
number of children involved,'' after ``access cases,'';
(2) in paragraph (7), by inserting ``, and number of
children involved in such cases'' before the semicolon at the
end;
(3) in paragraph (8), by striking ``and'' after the
semicolon at the end;
(4) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(5) by adding at the end the following new paragraph:
``(10) the total number of pending cases the Department of
State has assigned to case officers and number of children
involved for each country and as a total for all
countries.''.
SEC. 1804. MODIFICATION OF AUTHORITIES OF COMMISSION FOR THE
PRESERVATION OF AMERICA'S HERITAGE ABROAD.
(a) In General.--Chapter 3123 of title 54, United States
Code, is amended as follows:
(1) In section 312302, by inserting ``, and unimpeded
access to those sites,'' after ``and historic buildings''.
(2) In section 312304(a)--
(A) in paragraph (2)--
(i) by striking ``and historic buildings'' and inserting
``and historic buildings, and unimpeded access to those
sites''; and
(ii) by striking ``and protected'' and inserting ``,
protected, and made accessible''; and
(B) in paragraph (3), by striking ``and protecting'' and
inserting ``, protecting, and making accessible''.
(3) In section 312305, by inserting ``and to the Committee
on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate'' after
``President''.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Commission for the Preservation of
America's Heritage Abroad shall submit to the President and
to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report that contains an evaluation of the extent to
which the Commission is prepared to continue its activities
and accomplishments with respect to the foreign heritage of
United States citizens from eastern and central Europe, were
the Commission's duties and powers extended to include other
regions, including the Middle East and North Africa, and any
additional resources or personnel the Commission would
require.
SEC. 1805. CHIEF OF MISSION CONCURRENCE.
In the course of providing concurrence to the exercise of
the authority pursuant to section 127e of title 10, United
State Code, or section 1202 of the National Defense
Authorization Act for Fiscal Year 2018--
(1) each relevant chief of mission shall inform and consult
in a timely manner with relevant individuals at relevant
missions or bureaus of the Department of State; and
(2) the Secretary of State shall take such steps as may be
necessary to ensure that such relevant individuals have the
security clearances necessary and access to relevant
compartmented and special programs to so consult in a timely
manner with respect to such concurrence.
SEC. 1806. REPORT ON EFFORTS OF THE CORONAVIRUS REPATRIATION
TASK FORCE.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of State shall submit to the
appropriate congressional committees, the Committee on Armed
Services of the House of Representatives, and the Committee
on Armed Services of the Senate a report evaluating the
efforts of the Coronavirus Repatriation Task Force of the
Department of State to repatriate United States citizens and
legal permanent residents in response to the 2020 coronavirus
outbreak. The report shall identify--
(1) the most significant impediments to repatriating such
persons;
(2) the lessons learned from such repatriations; and
(3) any changes planned to future repatriation efforts of
the Department of State to incorporate such lessons learned.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Meeks) and the gentleman from Texas (Mr. McCaul) each will
control 20 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. MEEKS. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on H.R. 1157, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. MEEKS. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise today in strong support of H.R. 1157, the
Department of State Authorization Act of 2021, which I have introduced
alongside my good friend and partner, the ranking member of the Foreign
Affairs Committee, Mike McCaul.
H.R. 1157 is a comprehensive, bipartisan measure that builds on the
work of several prior Congresses to broadly authorize the management
and operation of the Department of State. This sort of bill should be a
regular part of our work.
However, it has been nearly two decades since the State Department
authorization bill was enacted into law. With every passing year, this
represents another missed opportunity to ensure the Department of State
and our Nation's diplomats have the comprehensive support they need to
advance America's interests around the world.
While we have made progress over the last couple of years, including
in 2019, when the House passed an earlier version of this bill, we must
finally seize the historic opportunity to do what we have failed to do
in the past 10 Congresses.
{time} 1215
Diplomacy and development are critical tools for advancing the United
States' foreign policy and national security objectives, for protecting
human rights and the rule of law around the world, for deepening
relationships with America's longstanding partners and allies, and for
forging new relationships around the world.
As the COVID-19 pandemic continues to threaten the globe, it has
reminded us once again that diplomacy and development are central to
solving global
[[Page H2449]]
conflicts and emergencies, keeping us safe and healthy, and enabling
our countries and our communities to thrive.
But at the State Department, there are also several vexing management
challenges that have gone unaddressed for too long, and the
politicization, neglect, and slashing of resources we saw during the
previous administration made it harder for our diplomats to do their
jobs. We must not only build the State Department back, as President
Biden says, we must build it back better.
To be clear, diplomacy and development are not just about policy, but
about the brave and dedicated public servants who work tirelessly to
keep our country safe. Yet, while the Department of State represents
the interests of the American people abroad, it has not looked like the
America it serves. So, among the many important management-related
provisions in H.R. 1157, I am particularly proud of those aimed at
ensuring a more diverse, equitable, and inclusive workforce.
This bill mandates disaggregated and transparent data collection and
provides for vital tools to improve the ability of the State Department
to recruit, promote, and retain personnel. It pushes for greater
transparency and inclusivity in filling senior leadership roles and
seeks to address the black box of assignment restrictions accompanying
some State Department employees' security clearances that have
negatively impacted Asian Americans and other people of color.
It also ensures that the Department can pay its interns, exposing
many more young Americans from across our great country to the
important work that the Department does around the world and ensuring a
strong and diverse pipeline of talent over the long term.
By shoring up other institutional accountability and management
safeguards, including to ensure cooperation with the inspector
general's investigations, the bill will also help to prevent the
politicized targeting and impunity that has caused so much harm to the
members of the workforce and their morale.
We can, and we must, move this bipartisan legislation forward and get
Congress back on track to doing right by our great diplomats, our
development professionals, and the American people we all serve.
I urge my colleagues to support this measure so that we can move it
one step closer to the President's desk.
Madam Speaker, I reserve the balance of my time.
Mr. McCAUL. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I want to commend my good friend and colleague,
Chairman Meeks, for his strong bipartisan approach on this measure to
authorize the State Department. As he mentioned, it has been 20 years
since Congress has authorized the State Department. This is our
obligation under Article I of the Constitution, and for 10 Congresses,
we have failed in that mission.
I am very proud today that, working with the chairman, we are going
to get this thing done and send it over to the Senate. 2002 was the
last time. In the nearly 20 years since that authority lapsed, we have
seen too many taxpayer dollars wasted on inefficient hirings and
procurements, an expanding bureaucracy, and an outdated IT system that
left us vulnerable to cyberattacks from our adversaries.
It is a fundamental duty of the Foreign Affairs Committee to pass an
annual authorization bill, just like we pass a national defense
authorization bill. This is necessary to fulfill our constitutional
oversight responsibilities and our obligation to be good stewards of
the people's money.
For these reasons I am proud, again, of this bipartisan effort our
committee has produced, as we often do. It will address numerous
longstanding difficulties. It will fortify the Department and our
diplomats with the tools needed to fulfill their missions to promote
America overseas and enhance our security abroad.
Among other important reforms, the bill before us will modernize the
State Department workforce, eliminate outdated reports, bolster embassy
and information security, strengthen the State Department's diplomacy
and anticorruption efforts, and reassert the Article I prerogatives of
the United States Congress.
As the United States faces growing challenges around the world, we
need our Secretary and diplomats to know that Congress supports them,
and that is precisely what this bill does.
Madam Speaker, I want to thank, again, Chairman Meeks, for his great
leadership and his team and staff for working with mine. This type of
collaboration has been a hallmark of our work on this committee, and I
know that it will continue to be so.
Again, this bill having lapsed for nearly 20 years, it is long
overdue. This bill deserves our unanimous support.
Madam Speaker, I reserve the balance of my time.
Mr. MEEKS. Madam Speaker, I reserve the balance of my time.
Mr. McCAUL. Madam Speaker, I yield 2 minutes to the gentlewoman from
California (Mrs. Kim), an esteemed member of the Committee on Foreign
Affairs.
Mrs. KIM of California. Madam Speaker, I am proud to stand in support
of H.R. 1157, the Department of State Authorization Act of 2021. I want
to thank Chair Meeks and Ranking Member McCaul for their efforts to
reform the State Department, including offering improved job and skills
training opportunities for foreign service officers.
I am honored to have two amendments included in this bill, the first
of which I introduced separately as H.R. 1244. Today many foreign
service officers and State Department staff spend an outsized amount of
their time complying with duplicative and outdated reporting
requirements mandated by Congress.
H.R. 1244 repeals those requirements to streamline the flow of
information from State Department to Congress and allow our foreign
service officers to spend more time working toward accomplishing
America's foreign affairs objectives.
I want to thank Mr. Connolly for also working with me on this
initiative, and I urge all of my colleagues to support H.R. 1157.
Mr. MEEKS. Madam Speaker, I reserve the balance of my time.
Mr. McCAUL. Madam Speaker, I am prepared to close, and I yield myself
such time as I may consume.
Madam Speaker, I think this is a momentous day for the Congress. I
want to thank my friend and colleague, Chairman Meeks, for his great
leadership in bringing this long-overdue authorization bill to the
floor.
I also want to thank former chairman Eliot Engel, who I worked with
very closely to get an authorization bill passed out of the House, just
to see it fail in the Senate. I hope the Senate will not allow that to
happen again. This is really desperately needed. It is a momentous day
for the House. It is critical. It is bipartisan. It reclaims our
constitutional prerogatives of the Congress and the full oversight role
of the Committee on Foreign Affairs. I think it demands our unanimous
support.
I yield back the balance of my time.
Mr. MEEKS. Madam Speaker, I yield myself such time as I may consume
for closing purposes.
Let me thank Ranking Member McCaul for his partnership in bringing
this bipartisan bill to the floor. I join him in also recognizing
former chair Eliot Engel and what they attempted to do in the previous
Congress to make this happen. It would not have happened had we not had
the work and the continuous cooperation of both of our staffs in
putting this bill together, so I am thankful to them.
When we talk about H.R. 1157, the Department of State Authorization
Act of 2021, it is going to make the State Department better prepared
to conduct diplomacy and meet the challenges that we have of the 21st
century.
Congress must make authorizing the Department of State a regular part
of its legislative efforts. As the ranking member said, just as much as
we pass bills for defense and NDAA, we must be sure that we are passing
the State authorization bill.
What happens and will happen by passing this bill, we can ensure that
State has the tools that it needs so that it can be more effective,
more resilient, and more reflective of the America it represents
abroad. This should be, and I hope all of my colleagues join me and
Ranking Member
[[Page H2450]]
McCaul in supporting this bill in a unanimous way.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. Meeks) that the House suspend the rules
and pass the bill, H.R. 1157, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. WEBER of Texas. Madam Speaker, on that I demand the yeas and
nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this motion
are postponed.
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