[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Pages S8006-S8022]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4515. Mr. MENENDEZ (for himself and Mr. Risch) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end, add the following:

       DIVISION E--DEPARTMENT OF STATE AUTHORIZATION ACT OF 2021

     SEC. 5001. SHORT TITLE.

       This division may be cited as the ``Department of State 
     Authorization Act of 2021''.

     SEC. 5002. DEFINITIONS.

       In this division:
       (1) Appropriate congressional committees.--The term `` 
     `appropriate congressional committees' '' means the Committee 
     on Foreign Relations of the Senate and the Committee on 
     Foreign Affairs of the House of Representatives.
       (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.

    TITLE I--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE

     SEC. 5101. 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. 5102. 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

[[Page S8007]]

     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 that 
     shall be given equal weight to those of other bureaus or 
     offices 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. 5103. 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); and
       (2) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) Assistant secretary for international narcotics and 
     law enforcement affairs.--
       ``(A) In general.--There is authorized to be in the 
     Department of State an Assistant Secretary for International 
     Narcotics and Law Enforcement Affairs, who shall be 
     responsible to the Secretary of State for all matters, 
     programs, and related activities pertaining to international 
     narcotics, anti-crime, and law enforcement affairs in the 
     conduct of foreign policy by the Department, including, as 
     appropriate, leading the coordination of programs carried out 
     by United States Government agencies abroad, and such other 
     related duties as the Secretary may from time to time 
     designate.
       ``(B) Areas of responsibility.--The Assistant Secretary for 
     International Narcotics and Law Enforcement Affairs shall 
     maintain continuous observation and coordination of all 
     matters pertaining to international narcotics, anti-crime, 
     and law enforcement affairs in the conduct of foreign policy, 
     including programs carried out by other United States 
     Government agencies when such programs pertain to the 
     following matters:
       ``(i) Combating international narcotics production and 
     trafficking.
       ``(ii) Strengthening foreign justice systems, including 
     judicial and prosecutorial capacity, appeals systems, law 
     enforcement agencies, prison systems, and the sharing of 
     recovered assets.
       ``(iii) Training and equipping foreign police, border 
     control, other government officials, and other civilian law 
     enforcement authorities for anti-crime purposes, including 
     ensuring that no foreign security unit or member of such unit 
     shall receive such assistance from the United States 
     Government absent appropriate vetting.
       ``(iv) Ensuring the inclusion of human rights and women's 
     participation issues in law enforcement programs, in 
     consultation with the Assistant Secretary for Democracy, 
     Human Rights, and Labor, and other senior officials in 
     regional and thematic bureaus and offices.
       ``(v) Combating, in conjunction with other relevant bureaus 
     of the Department of State and other United States Government 
     agencies, all forms of transnational organized crime, 
     including human trafficking, illicit trafficking in arms, 
     wildlife, and cultural property, migrant smuggling, 
     corruption, money laundering, the illicit smuggling of bulk 
     cash, the licit use of financial systems for malign purposes, 
     and other new and emerging forms of crime.
       ``(vi) Identifying and responding to global corruption, 
     including strengthening the capacity of foreign government 
     institutions responsible for addressing financial crimes and 
     engaging with multilateral organizations responsible for 
     monitoring and supporting foreign governments' anti-
     corruption efforts.
       ``(C) Additional duties.--In addition to the 
     responsibilities specified in subparagraph (B), the Assistant 
     Secretary for International Narcotics and Law Enforcement 
     Affairs shall also--
       ``(i) carry out timely and substantive consultation with 
     chiefs of mission and, as appropriate, the heads of other 
     United States Government agencies to ensure effective 
     coordination of all international narcotics and law 
     enforcement programs carried out overseas by the Department 
     and such other agencies;
       ``(ii) coordinate with the Office of National Drug Control 
     Policy to ensure lessons learned from other United States 
     Government agencies are available to the Bureau of 
     International Narcotics and Law Enforcement Affairs of the 
     Department;
       ``(iii) develop standard requirements for monitoring and 
     evaluation of Bureau programs, including metrics for success 
     that do not rely solely on the amounts of illegal drugs that 
     are produced or seized;
       ``(iv) in coordination with the Secretary of State, 
     annually certify in writing to the Committee on Foreign 
     Relations of the Senate that United States and the Committee 
     on Foreign Affairs of the House of Representatives 
     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. 5104. BUREAU OF CONSULAR AFFAIRS; BUREAU OF POPULATION, 
                   REFUGEES, AND MIGRATION.

       Section 1 of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2651a) is amended--
       (1) by redesignating subsection (g) as subsection (j); 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. 5105. 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. 5106. SPECIAL APPOINTMENT AUTHORITY.

       Section 1 of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2651a), as amended by section 5104 of this 
     Act, is further amended by inserting after subsection (h) the 
     following new subsection:
       ``(i) Special Appointments.--

[[Page S8008]]

       ``(1) Positions exercising significant authority.--The 
     President may, by and with the advice and consent of the 
     Senate, appoint an individual as a Special Envoy, Special 
     Representative, Special Coordinator, Special Negotiator, 
     Envoy, Representative, Coordinator, Special Advisor, or other 
     position performing a similar function, regardless of title, 
     at the Department of State exercising significant authority 
     pursuant to the laws of the United States. Except as provided 
     in paragraph (3) or in clause 3, section 2, article II of the 
     Constitution (relating to recess appointments), an individual 
     may not be designated as a Special Envoy, Special 
     Representative, Special Coordinator, Special Negotiator, 
     Envoy, Representative, Coordinator, Special Advisor, or other 
     position performing a similar function, regardless of title, 
     at the Department exercising significant authority pursuant 
     to the laws of the United States without the advice and 
     consent of the Senate.
       ``(2) Positions not exercising significant authority.--The 
     President or Secretary of State may appoint any Special 
     Envoy, Special Representative, Special Coordinator, Special 
     Negotiator, Special Envoy, Representative, Coordinator, 
     Special Advisor, or other position performing a similar 
     function, regardless of title, at the Department of State not 
     exercising significant authority pursuant to the laws of the 
     United States without the advice and consent of the Senate, 
     if the President or Secretary, not later than 15 days before 
     the appointment of a person to such a position, submits to 
     the appropriate congressional committees a notification that 
     includes the following:
       ``(A) A certification that the position does not require 
     the exercise of significant authority pursuant to the laws of 
     the United States.
       ``(B) A description of the duties and purpose of the 
     position.
       ``(C) The rationale for giving the specific title and 
     function to the position.
       ``(3) Limited exception for temporary appointments 
     exercising significant authority.--The President may maintain 
     or establish a position with the title of Special Envoy, 
     Special Representative, Special Coordinator, Special 
     Negotiator, Envoy, Representative, Coordinator, Special 
     Advisor, or other position performing a similar function, 
     regardless of title, at the Department of State exercising 
     significant authority pursuant to the laws of the United 
     States for not longer than 180 days if the Secretary of 
     State, not later than 15 days after the appointment of a 
     person to such a position, or 30 days after the date of the 
     enactment of this subsection, whichever is earlier, submits 
     to the Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     a notification that includes the following:
       ``(A) The necessity for conferring such title and function.
       ``(B) The dates during which such title and function will 
     be held.
       ``(C) The justification for not submitting the proposed 
     conferral of such title and function to the Senate as a 
     nomination for advice and consent to appointment.
       ``(D) All relevant information concerning any potential 
     conflict of interest which the proposed recipient of such 
     title and function may have with regard to the appointment.
       ``(4) Renewal of temporary appointment.--The President may 
     renew for one period not to exceed 180 days any position 
     maintained or established under paragraph (3) if the 
     President, not later than 15 days before issuing such 
     renewal, submits to the Committee on Foreign Relations of the 
     Senate and the Committee on Foreign Affairs of the House of 
     Representatives a detailed justification on the necessity of 
     such extension, including the dates with respect to which 
     such title will continue to be held and the justification for 
     not submitting such title to the Senate as a nomination for 
     advice and consent.
       ``(5) Exemption.--Paragraphs (1) through (4) shall not 
     apply to a Special Envoy, Special Representative, Special 
     Coordinator, Special Negotiator, Envoy, Representative, 
     Coordinator, Special Advisor, or other person performing a 
     similar function, regardless of title, at the Department of 
     State if the position is expressly mandated by statute.
       ``(6) Effective date.--This subsection shall apply to 
     appointments made on or after January 3, 2023.''.

     SEC. 5107. REPEAL OF AUTHORITY FOR SPECIAL REPRESENTATIVE AND 
                   POLICY COORDINATOR FOR BURMA.

       Section 7 of the Tom Lantos Block Burmese Jade (Junta's 
     Anti-Democratic Efforts) Act of 2008 (Public Law 110-286; 50 
     U.S.C. 1701 note) relating to the establishment of a Special 
     Representative and Policy Coordinator for Burma) is hereby 
     repealed.

     SEC. 5108. 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. 5109. IMPORTANCE OF FOREIGN AFFAIRS TRAINING TO NATIONAL 
                   SECURITY.

       It is the sense of Congress that--
       (1) the Department is a crucial national security agency, 
     whose employees, both Foreign and Civil Service, require the 
     best possible training at every stage of their careers to 
     prepare them to promote and defend United States national 
     interests and the health and safety of United States citizens 
     abroad;
       (2) the Secretary should explore establishing a ``training 
     float'' requiring that a certain percentage of the Foreign 
     Service shall be in long-term training at any given time;
       (3) the Department's Foreign Service Institute should seek 
     to substantially increase its educational and training 
     offerings to Department personnel, including developing new 
     and innovative educational and training courses, methods, 
     programs, and opportunities; and
       (4) consistent with existing Department gift acceptance 
     authority and other applicable laws, the Department and 
     Foreign Service Institute may accept funds and other 
     resources from foundations, not-for-profit corporations, and 
     other appropriate sources to help the Department and the 
     Institute accomplish the goals specified in paragraph (3).

     SEC. 5110. 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. 5111. ENERGY DIPLOMACY AND SECURITY WITHIN THE 
                   DEPARTMENT OF STATE.

       Subsection (c) of section 1 of the State Department Basic 
     Authorities Act of 1956 (22 U.S.C. 2651a), as amended by 
     section 5103 of this Act, is further amended--
       (1) by redesignating paragraph (4) (as redesignated 
     pursuant to such section 5103) as paragraph (5); and
       (2) by inserting after paragraph (3) the following new 
     paragraph:
       ``(4) Energy resources.--
       ``(A) Authorization for assistant secretary.--Subject to 
     the numerical limitation specified in paragraph (1), there is 
     authorized to be established in the Department of State an 
     Assistant Secretary of State for Energy Resources.
       ``(B) Personnel.--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. 5112. THE 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. THE NATIONAL MUSEUM OF AMERICAN DIPLOMACY.

       ``(a) Activities.--

[[Page S8009]]

       ``(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. 5113. EXTENSION OF PERIOD FOR REIMBURSEMENT OF FISHERMEN 
                   FOR COSTS INCURRED FROM THE ILLEGAL SEIZURE AND 
                   DETENTION OF U.S.-FLAG FISHING VESSELS BY 
                   FOREIGN GOVERNMENTS.

       (a) In General.--Subsection (e) of section 7 of the 
     Fishermen's Protective Act of 1967 (22 U.S.C. 1977) is 
     amended to read as follows:
       ``(e) Amounts.--Payments may be made under this section 
     only to such extent and in such amounts as are provided in 
     advance in appropriation Acts.''.
       (b) Retroactive Applicability.--
       (1) Effective date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act 
     and apply as if the date specified in subsection (e) of 
     section 7 of the Fishermen's Protective Act of 1967, as in 
     effect on the day before the date of the enactment of this 
     Act, were the day after such date of enactment.
       (2) Agreements and payments.--The Secretary 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. 5114. ART IN EMBASSIES.

       (a) In General.--No funds are authorized to be appropriated 
     for the purchase of any piece of art for the purposes of 
     installation or display in any embassy, consulate, or other 
     foreign mission of the United States if the purchase price of 
     such piece of art is in excess of $50,000, unless such 
     purchase is subject to prior consultation with, and the 
     regular notification procedures of, the appropriate 
     congressional committees.
       (b) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     appropriate congressional committees a report on the costs of 
     the Art in Embassies Program for each of fiscal years 2012, 
     2013, and 2014.
       (c) Sunset.--This section shall terminate on the date that 
     is 2 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. 5115. 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 likeminded countries, a comprehensive, 
     multilateral strategy to--
       ``(1) assist Burma in addressing corrosive malign influence 
     of the People's Republic of China; and
       ``(2) support a return to democratic governance, and 
     support 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; and
       ``(5) progress toward genuine national reconciliation.''.
       (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) Report to Congress.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of State and 
     the Administrator of the United States Agency for 
     International Development shall submit to the appropriate 
     congressional committees a report that includes each of the 
     following:
       (1) A list of all reports described in subsection (d) 
     required to be submitted by their respective agency.
       (2) For each such report, a citation to the provision of 
     law under which the report is required to be submitted.
       (3) The reporting frequency of each such report.
       (4) The estimated cost of each report, to include personnel 
     time costs.
       (d) Covered Reports.--A report described in this subsection 
     is a recurring report that is required to be submitted to 
     Congress by the Department of State or the United States 
     Agency for International Development, or by any officer, 
     official, component, or element of each entity.
       (e) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means the Committee on Foreign Relations of the Senate and 
     the Committee on Foreign Affairs of the House of 
     Representatives.

     SEC. 5116. REPORTING ON IMPLEMENTATION OF GAO 
                   RECOMMENDATIONS.

       (a) Initial Report.--Not later than 120 days after the date 
     of the enactment of this Act, the Secretary shall submit to 
     the appropriate congressional committees a report that lists 
     all of the Government Accountability Office's recommendations 
     relating to the Department that have not been fully 
     implemented.
       (b) Comptroller General Report.--Not later than 30 days 
     after the Secretary submits the report under subsection (a), 
     the Comptroller General of the United States shall submit to 
     the appropriate congressional committees a report that 
     identifies any discrepancies between the list of 
     recommendations included in such report and the Government 
     Accountability Office's list of outstanding recommendations 
     for the Department.
       (c) Implementation Report.--
       (1) In general.--Not later than 120 days after the date of 
     the submission of the Comptroller General's report under 
     subsection (b), the Secretary shall submit to the appropriate 
     congressional committees a report that describes the 
     implementation status of each recommendation from the 
     Government Accountability Office included in the report 
     submitted under subsection (a).
       (2) Justification.--The report under paragraph (1) shall 
     include--
       (A) a detailed justification for each decision not to fully 
     implement a recommendation or to implement a recommendation 
     in a different manner than specified by the Government 
     Accountability Office;
       (B) a timeline for the full implementation of any 
     recommendation the Secretary has decided to adopt, but has 
     not yet fully implemented; and

[[Page S8010]]

       (C) an explanation for any discrepancies included in the 
     Comptroller General report submitted under subsection (b).
       (d) Form.--The information required in each report under 
     this section shall be submitted in unclassified form, to the 
     maximum extent practicable, but may be included in a 
     classified annex to the extent necessary.

     SEC. 5117. 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 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. 5201. EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE.

       For ``Embassy Security, Construction, and Maintenance'', 
     there is authorized to be appropriated $1,975,449,000 for 
     fiscal year 2022.

     SEC. 5202. STANDARD DESIGN IN CAPITAL CONSTRUCTION.

       (a) Sense of Congress.--It is the sense of Congress that 
     the Department's Bureau of Overseas Building Operations (OBO) 
     or successor office should give appropriate consideration to 
     standardization in construction, in which each new United 
     States embassy and consulate starts with a standard design 
     and keeps customization to a minimum.
       (b) Consultation.--The Secretary shall carry out any new 
     United States embassy compound or new consulate compound 
     project that utilizes a non-standard design, including those 
     projects that are in the design or pre-design phase as of the 
     date of the enactment of this Act, only in consultation with 
     the appropriate congressional committees. The Secretary shall 
     provide the appropriate congressional committees, for each 
     such project, the following documentation:
       (1) A comparison of the estimated full lifecycle costs of 
     the project to the estimated full lifecycle costs of such 
     project if it were to use a standard design.
       (2) A comparison of the estimated completion date of such 
     project to the estimated completion date of such project if 
     it were to use a standard design.
       (3) A comparison of the security of the completed project 
     to the security of such completed project if it were to use a 
     standard design.
       (4) A justification for the Secretary's selection of a non-
     standard design over a standard design for such project.
       (5) A written explanation if any of the documentation 
     necessary to support the comparisons and justification, as 
     the case may be, described in paragraphs (1) through (4) 
     cannot be provided.
       (c) Sunset.--The consultation requirement under subsection 
     (b) shall expire on the date that is 4 years after the date 
     of the enactment of this Act.

     SEC. 5203. CAPITAL CONSTRUCTION TRANSPARENCY.

       Section 118 of the Department of State Authorities Act, 
     Fiscal Year 2017 (22 U.S.C. 304) is amended--
       (1) in the section heading , by striking ``annual report on 
     embassy construction costs'' and inserting ``biannual report 
     on overseas capital construction projects''; and
       (2) by striking subsections (a) and (b) and inserting the 
     following new subsections:
       ``(a) In General.--Not later than 180 days after the date 
     of the enactment of this subsection and every 180 days 
     thereafter until the date that is 4 years after such date of 
     enactment, the Secretary shall submit to the appropriate 
     congressional committees a comprehensive report regarding all 
     ongoing overseas capital construction projects and major 
     embassy security upgrade projects.
       ``(b) Contents.--Each report required under subsection (a) 
     shall include the following with respect to each ongoing 
     overseas capital construction project and major embassy 
     security upgrade project:
       ``(1) The initial cost estimate as specified in the 
     proposed allocation of capital construction and maintenance 
     funds required by the Committees on Appropriations for Acts 
     making appropriations for the Department of State, foreign 
     operations, and related programs.
       ``(2) The current cost estimate.
       ``(3) The value of each request for equitable adjustment 
     received by the Department to date.
       ``(4) The value of each certified claim received by the 
     Department to date.
       ``(5) The value of any usage of the project's contingency 
     fund to date and the value of the remainder of the project's 
     contingency fund.
       ``(6) An enumerated list of each request for adjustment and 
     certified claim that remains outstanding or unresolved.
       ``(7) An enumerated list of each request for equitable 
     adjustment and certified claim that has been fully 
     adjudicated or that the Department has settled, and the final 
     dollar amount of each adjudication or settlement.
       ``(8) The date of estimated completion specified in the 
     proposed allocation of capital construction and maintenance 
     funds required by the Committees on Appropriations not later 
     than 45 days after the date of the enactment of an Act making 
     appropriations for the Department of State, foreign 
     operations, and related programs.
       ``(9) The current date of estimated completion.''.

     SEC. 5204. CONTRACTOR PERFORMANCE INFORMATION.

       (a) Deadline for Completion.--The Secretary 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 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. 5205. GROWTH PROJECTIONS FOR NEW EMBASSIES AND 
                   CONSULATES.

       (a) In General.--For each new United States embassy 
     compound (NEC) and new consulate compound project (NCC) in or 
     not yet in the design phase as of the date of the enactment 
     of this Act, the Department shall project growth over the 
     estimated life of the facility using all available and 
     relevant data, including the following:
       (1) Relevant historical trends for Department personnel and 
     personnel from other agencies represented at the NEC or NCC 
     that is to be constructed.
       (2) An analysis of the tradeoffs between risk and the needs 
     of United States Government policy conducted as part of the 
     most recent Vital Presence Validation Process, if applicable.
       (3) Reasonable assumptions about the strategic importance 
     of the NEC or NCC, as the case may be, over the life of the 
     building at issue.
       (4) Any other data that would be helpful in projecting the 
     future growth of NEC or NCC.
       (b) Other Federal Agencies.--The head of each Federal 
     agency represented at a United States embassy or consulate 
     shall provide to the Secretary, upon request, growth 
     projections for the personnel of each such agency over the 
     estimated life of each embassy or consulate, as the case may 
     be.
       (c) Basis for Estimates.--The Department shall base its 
     growth assumption for all NECs and NCCs on the estimates 
     required under subsections (a) and (b).
       (d) Congressional Notification.--Any congressional 
     notification of site selection

[[Page S8011]]

     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. 5206. 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 shall submit the plans to the 
     appropriate congressional committees.
       (2) Reference in budget justification materials.--In the 
     budget justification materials submitted to the appropriate 
     congressional committees in support of the Department's 
     budget for any fiscal year (as submitted with the budget of 
     the President under section 1105(a) of title 31, United 
     States Code), the plans required under subsection (a) shall 
     be referenced to justify funding requested for building and 
     maintenance projects overseas.
       (3) Form of report.--Each report required under paragraph 
     (1) shall be submitted in unclassified form but may include a 
     classified annex.
       (c) Small Diplomatic Post Defined.--In this section, the 
     term ``small diplomatic post'' means any United States 
     embassy or consulate that has employed five or fewer United 
     States Government employees or contractors on average over 
     the 36 months prior to the date of the enactment of this Act.

     SEC. 5207. VALUE ENGINEERING AND RISK ASSESSMENT.

       (a) Findings.--Congress makes the following findings:
       (1) Federal departments and agencies are required to use 
     value engineering (VE) as a management tool, where 
     appropriate, to reduce program and acquisition costs pursuant 
     to OMB Circular A-131, Value Engineering, dated December 31, 
     2013.
       (2) OBO has a Policy Directive and Standard Operation 
     Procedure, dated May 24, 2017, on conducting risk management 
     studies on all international construction projects.
       (b) Notification Requirements.--
       (1) Submission to authorizing committees.--Any operating 
     plan 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 
     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. 5208. 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. 5209. 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. 5210. 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. 5211. 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. 5212. 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. 5213. 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. 5214. 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. 5301. 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 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

[[Page S8012]]

     was waived prior to January 2017, and for which there is not 
     currently a waiver.
       (b) Certification Requirement.--Not later than 45 days 
     after the date of the enactment of this Act, the Secretary 
     shall certify to the appropriate congressional committees 
     that the requirement in subsection (a) has been met.

     SEC. 5302. 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 shall submit to the 
     appropriate congressional committees a report detailing an 
     empirical analysis on the effect of overseas allowances on 
     the foreign assignment of Foreign Service officers (FSOs), to 
     be conducted by a federally-funded research and development 
     center with appropriate expertise in labor economics and 
     military compensation.
       (2) Contents.--The analysis required under paragraph (1) 
     shall--
       (A) identify all allowances paid to FSOs assigned 
     permanently or on temporary duty to foreign areas;
       (B) examine the efficiency of the Foreign Service bidding 
     system in determining foreign assignments;
       (C) examine the factors that incentivize FSOs to bid on 
     particular assignments, including danger levels and hardship 
     conditions;
       (D) examine the Department's strategy and process for 
     incentivizing FSOs to bid on assignments that are 
     historically in lower demand, including with monetary 
     compensation, and whether monetary compensation is necessary 
     for assignments in higher demand;
       (E) make any relevant comparisons to military compensation 
     and allowances, noting which allowances are shared or based 
     on the same regulations;
       (F) recommend options for restructuring allowances to 
     improve the efficiency of the assignments system and better 
     align FSO incentives with the needs of the Foreign Service, 
     including any cost savings associated with such 
     restructuring;
       (G) recommend any statutory changes necessary to implement 
     subparagraph (F), such as consolidating existing legal 
     authorities for the provision of hardship and danger pay; and
       (H) detail any effects of recommendations made pursuant to 
     subparagraphs (F) and (G) on other United States Government 
     departments and agencies with civilian employees permanently 
     assigned or on temporary duty in foreign areas, following 
     consultation with such departments and agencies.
       (b) Briefing Requirement.--Before initiating the analysis 
     required under subsection (a)(1), and not later than 60 days 
     after the date of the enactment of this Act, the Secretary 
     shall provide to the Committee on Foreign Relations of the 
     Senate and the Committee on Foreign Affairs in the House of 
     Representatives a briefing on the implementation of this 
     section that includes the following:
       (1) The name of the federally funded research and 
     development center that will conduct such analysis.
       (2) The scope of such analysis and terms of reference for 
     such analysis as specified between the Department and such 
     federally funded research and development center.
       (c) Availability of Information.--
       (1) In general.--The Secretary shall make available to the 
     federally-funded research and development center carrying out 
     the analysis required under subsection (a)(1) all necessary 
     and relevant information to allow such center to conduct such 
     analysis in a quantitative and analytical manner, including 
     historical data on the number of bids for each foreign 
     assignment and any survey data collected by the Department 
     from eligible bidders on their bid decision-making.
       (2) Cooperation.--The Secretary shall work with the heads 
     of other relevant United States Government departments and 
     agencies to ensure such departments and agencies provide all 
     necessary and relevant information to the federally-funded 
     research and development center carrying out the analysis 
     required under subsection (a)(1).
       (d) Interim Report to Congress.--The Secretary shall 
     require that the chief executive officer of the federally-
     funded research and development center that carries out the 
     analysis required under subsection (a)(1) submit to the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     an interim report on such analysis not later than 180 days 
     after the date of the enactment of this Act.

     SEC. 5303. SCIENCE AND TECHNOLOGY FELLOWSHIPS.

       Section 504 of the Foreign Relations Authorization Act, 
     Fiscal Year 1979 (22 U.S.C. 2656d) is amended by adding at 
     the end the following new subsection:
       ``(e) Grants and Cooperative Agreements Related to Science 
     and Technology Fellowship Programs.--
       ``(1) In general.--The Secretary is authorized to make 
     grants or enter into cooperative agreements related to 
     Department of State science and technology fellowship 
     programs, including for assistance in recruiting fellows and 
     the payment of stipends, travel, and other appropriate 
     expenses to fellows.
       ``(2) Exclusion from consideration as compensation.--
     Stipends under paragraph (1) shall not be considered 
     compensation for purposes of section 209 of title 18, United 
     States Code.
       ``(3) Maximum annual amount.--The total amount of grants 
     made pursuant to this subsection may not exceed $500,000 in 
     any fiscal year.''.

     SEC. 5304. TRAVEL FOR SEPARATED FAMILIES.

       Section 901(15) of the Foreign Service Act of 1980 (22 
     U.S.C. 4081(15)) is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``1 round-trip per year for each child below age 21 of a 
     member of the Service assigned abroad'' and inserting ``in 
     the case of one or more children below age 21 of a member of 
     the Service assigned abroad, 1 round-trip per year'';
       (2) in subparagraph (A)--
       (A) by inserting ``for each child'' before ``to visit the 
     member abroad''; and
       (B) by striking ``; or'' and inserting a comma;
       (3) in subparagraph (B)--
       (A) by inserting ``for each child'' before ``to visit the 
     other parent''; and
       (B) by inserting ``or'' after ``resides,'';
       (4) by inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) for one of the child's parents to visit the child or 
     children abroad if the child or children do not regularly 
     reside with that parent and that parent is not receiving an 
     education allowance or educational travel allowance for the 
     child or children under section 5924(4) of title 5, United 
     States Code,''; and
       (5) in the matter following subparagraph (C), as added by 
     paragraph (4) of this section, by striking ``a payment'' and 
     inserting ``the cost of round-trip travel''.

     SEC. 5305. 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. 5306. 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. 5307. 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. 5308. 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. 5309. DIPLOMATIC PROGRAMS.

       (a) Sense of Congress on Workforce Recruitment.--It is the 
     sense of Congress that the Secretary should continue to hold 
     entry-level classes for Foreign Service officers and 
     specialists and continue to recruit civil servants through 
     programs such as the Presidential Management Fellows Program 
     and Pathways Internship Programs in a manner and at a 
     frequency consistent with prior years and consistent with the 
     need to maintain a pool of experienced personnel effectively 
     distributed across skill codes and ranks. It is further the 
     sense of Congress that absent continuous recruitment and 
     training of Foreign Service officers and civil servants, the 
     Department will lack experienced, qualified personnel in the 
     short, medium, and long terms.
       (b) Limitation.--The Secretary 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'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;

[[Page S8013]]

       (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. 5310. SENSE OF CONGRESS REGARDING VETERANS EMPLOYMENT AT 
                   THE DEPARTMENT OF STATE.

       It is the sense of Congress that--
       (1) the Department should continue to promote the 
     employment of veterans, in accordance with section 301 of the 
     Foreign Service Act of 1980 (22 U.S.C. 3941), as amended by 
     section 5407 of this Act, including those veterans belonging 
     to traditionally underrepresented groups at the Department;
       (2) veterans employed by the Department have made 
     significant contributions to United States foreign policy in 
     a variety of regional and global affairs bureaus and 
     diplomatic posts overseas; and
       (3) the Department should continue to encourage veteran 
     employment and facilitate their participation in the 
     workforce.

     SEC. 5311. EMPLOYEE ASSIGNMENT RESTRICTIONS AND PRECLUSIONS.

       (a) Sense of Congress.--It is the sense of Congress that 
     the Department should expand the appeal process it makes 
     available to employees related to assignment preclusions and 
     restrictions.
       (b) Appeal of Assignment Restriction or Preclusion.--
     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 shall 
     revise, and certify to the Committee on Foreign Relations of 
     the Senate and the Committee on Foreign Affairs of the House 
     of Representatives 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. 5312. RECALL AND REEMPLOYMENT OF CAREER MEMBERS.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) career Department employees provide invaluable service 
     to the United States as nonpartisan professionals who 
     contribute subject matter expertise and professional skills 
     to the successful development and execution of United States 
     foreign policy; and
       (2) 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.--Title 5, United 
     States Code, is amended by inserting after chapter 102 the 
     following new chapter:

                   ``CHAPTER 103--DEPARTMENT OF STATE

``Sec.
``10301. Notice of employment opportunities for Department of State and 
              USAID positions.
``10302. Consulting services for the Department of State.

     ``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.''.
       (c) Clerical Amendment.--The table of chapters at the 
     beginning of title 5, United States Code, is amended by 
     inserting after the item relating to chapter 102 the 
     following:

``103. Department of State................................10301.''.....

     SEC. 5313. 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 shall submit to the 
     appropriate congressional committees a comprehensive 5-year 
     strategic staffing plan for the Department that is aligned 
     with and furthers the objectives of the National Security 
     Strategy of the United States of America issued in December 
     2017, or any subsequent strategy issued not later than 18 
     months after the date of the enactment of this Act, which 
     shall include the following:
       (1) A dataset displaying comprehensive workforce data, 
     including all shortages in bureaus described in GAO report 
     GAO-19-220, for all current and planned employees of the 
     Department, disaggregated by--
       (A) Foreign Service officer and Foreign Service specialist 
     rank;
       (B) civil service job skill code, grade level, and bureau 
     of assignment;
       (C) contracted employees, including the equivalent job 
     skill code and bureau of assignment; and
       (D) employees hired under schedule C of subpart C of part 
     213 of title 5, Code of Federal Regulations, including the 
     equivalent grade and job skill code and bureau of assignment 
     of such employee.
       (2) Recommendations on the number of Foreign Service 
     officers disaggregated by service cone that should be posted 
     at each United States diplomatic post and in the District of 
     Columbia, with a detailed basis for such recommendations.
       (3) Recommendations on the number of civil service officers 
     that should be employed by the Department, with a detailed 
     basis for such recommendations.
       (b) Maintenance.--The dataset required under subsection 
     (a)(1) shall be maintained and updated on a regular basis.
       (c) Consultation.--The Secretary shall lead the development 
     of the plan required under subsection (a) but may consult or 
     partner with private sector entities with expertise in labor 
     economics, management, or human resources, as well as 
     organizations familiar with the demands and needs of the 
     Department's workforce.
       (d) Report.--Not later than 120 days after the date of the 
     enactment of this Act, the Secretary of State shall submit to 
     the appropriate congressional committees a report regarding 
     root causes of Foreign Service and civil service shortages, 
     the effect of such shortages on national security objectives, 
     and the Department's plan to implement recommendations 
     described in GAO-19-220.

     SEC. 5314. CONSULTING SERVICES.

       Chapter 103 of title 5, United States Code, as added by 
     section 5312, 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.''.

     SEC. 5315. 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. 5316. 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. 5317. 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) Any member of the Service suspended from duties under 
     this subsection may be suspended without pay only after a 
     final written decision is provided to such member under 
     paragraph (2).
       ``(6) If no final written decision under paragraph (2) has 
     been provided within 1 calendar year of the date the 
     suspension at issue was proposed, not later than 30 days 
     thereafter the Secretary of State shall report to the 
     Committee on Foreign Affairs of the House of Representatives 
     and the Committee on Foreign Relations of the Senate in 
     writing regarding the specific reasons for such delay.''; and
       (4) in paragraph (7), as so redesignated--
       (A) by striking ``(7) In this subsection:'';
       (B) in subparagraph (A), by striking ``(A) The term'' and 
     inserting the following:
       ``(7) In this subsection, the term'';
       (C) by striking subparagraph (B) (relating to the 
     definition of ``suspend'' and ``suspension''); and

[[Page S8014]]

       (D) by redesignating clauses (i) and (ii) as subparagraphs 
     (A) and (B), respectively; and moving such subparagraphs 2 
     ems to the left.

     SEC. 5318. FOREIGN AFFAIRS MANUAL AND FOREIGN AFFAIRS 
                   HANDBOOK CHANGES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, and every 180 days thereafter for 
     5 years, the Secretary shall submit to the appropriate 
     congressional committees a report detailing all changes made 
     to the Foreign Affairs Manual or the Foreign Affairs 
     Handbook.
       (b) Covered Periods.--The first report required under 
     subsection (a) shall cover the 5-year period preceding the 
     submission of such report. Each subsequent report shall cover 
     the 180-day period preceding submission.
       (c) Contents.--Each report required under subsection (a) 
     shall contain the following:
       (1) The location within the Foreign Affairs Manual or the 
     Foreign Affairs Handbook where a change has been made.
       (2) The statutory basis for each such change.
       (3) A side-by-side comparison of the Foreign Affairs Manual 
     or Foreign Affairs Handbook before and after such change.
       (4) A summary of such changes displayed in spreadsheet 
     form.

     SEC. 5319. 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. 5320. APPOINTMENT OF EMPLOYEES TO THE GLOBAL ENGAGEMENT 
                   CENTER.

       The Secretary may appoint, for a 3-year period that may be 
     extended for up to an additional 2 years, solely to carry out 
     the functions of the Global Engagement Center, employees of 
     the Department without regard to the provisions of title 5, 
     United States Code, governing appointment in the competitive 
     service, and may fix the basic compensation of such employees 
     without regard to chapter 51 and subchapter III of chapter 53 
     of such title.

     SEC. 5321. 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 of this title;
       ``(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 of this title), but does not 
     include the Government Accountability Office;
       ``(2) the term `employee' has the meaning given that term 
     in section 6301 of this title; 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 Amendment.--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. 5322. EXTENSION OF AUTHORITY FOR CORONAVIRUS RELATED 
                   PAYMENTS.

       (a) In General.--The Secretary of State and the heads of 
     other Federal agencies whose employees are authorized to 
     receive payments of monetary amounts and other allowances 
     under section 5523 of title 5, United States Code, may rely 
     upon the authority of that section, without regard to the 
     time limitations referenced therein, to continue such 
     payments in connection with authorized or ordered departures 
     from foreign areas, to prevent, prepare for, and respond to 
     coronavirus.
       (b) Applicability.--The authority under subsection (a) 
     shall be available to continue the payments described in such 
     subsection for the period beginning on July 21, 2020, through 
     September 30, 2022, when such authority shall expire.

     SEC. 5323. EDUCATION ALLOWANCES DUE TO CORONAVIRUS.

       (a) In General.--The authority under section 5924 of title 
     5, United States Code, may be exercised by the Secretary of 
     State and the heads of other Federal agencies for education 
     allowances to employees who are in the United States with 
     assignment orders to a foreign area and for whom service 
     abroad has been interrupted or delayed because of the 
     coronavirus pandemic without regard to the foreign area 
     limitations referenced therein.
       (b) Termination.--The authority under subsection shall 
     expire on September 30, 2022.

     SEC. 5324. 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. 5325. 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

[[Page S8015]]

     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 
     should 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 greatest.
       (2) Housing assistance.--
       (A) Abroad.--The Secretary of State shall provide housing 
     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 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) 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 Relations of a Senate and 
     the Committee on Foreign Affairs of the House of 
     Representatives a report that includes the following:
       (1) Information regarding the number of students, 
     disaggregated by race, ethnicity, gender, institution of 
     higher learning, home State, State where each student 
     graduated from high school, and disability status, who 
     applied to the Program, were offered a position, and 
     participated.
       (2) Information on the number of security clearance 
     investigations started 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).
       (h) Voluntary Participation.--
       (1) In general.--Nothing in this section may be construed 
     to compel any employee of the Department of State to 
     participate in the collection of the data or divulge any 
     personal information. Department employees shall be informed 
     that their participation in the data collection contemplated 
     by this title is voluntary.
       (2) Privacy protection.--Any data collected under this 
     section shall be subject to the relevant privacy protection 
     statutes and regulations applicable to Federal employees.

     SEC. 5326. COMPETITIVE STATUS FOR CERTAIN EMPLOYEES HIRED BY 
                   INSPECTORS GENERAL TO SUPPORT THE LEAD IG 
                   MISSION.

       Subparagraph (A) of section 8L(d)(5)(A) 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. 5327. REPORT RELATING TO FOREIGN SERVICE OFFICER 
                   TRAINING AND DEVELOPMENT.

       (a) In General.--Not later than 270 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit to the appropriate committees of Congress a report 
     certain fellowship or detail opportunities for Department of 
     State Foreign Service personnel.
       (b) Elements.--The report required by subsection (a) shall 
     include the following elements:
       (1) The number of Senior Foreign Service Officer 
     generalists who, as of the date of the enactment of this Act, 
     have done a tour of at least one year in any of the agencies 
     or congressional committees described in subsection (a).
       (2) The total number of senior Foreign Service Officer 
     generalists as of the date of the enactment of this Act.
       (3) The average number of Senior Foreign Service Officer 
     generalists inducted annually during the 10 years preceding 
     the date of the enactment of this Act.
       (4) The total number of Department advisors stationed in 
     any of the agencies or congressional offices described in 
     subsection (a), including the agencies or offices in which 
     such advisors serve.
       (5) The total number of advisors from other United States 
     Government agencies stationed in the Department of State 
     (excluding defense attaches, senior defense officials, and 
     other Department of Defense personnel stationed in United 
     States missions abroad), the home agency of the advisor, and 
     the offices in which such advisors serve.

     SEC. 5328. INTERNATIONAL FAIRS AND EXPOSITIONS.

       There is authorized to be appropriated $20,000,000 for the 
     Department of State for United States participation in 
     international fairs and expositions abroad, including for 
     construction and the operation of United States pavilions or 
     other major exhibits.

  TITLE IV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION

     SEC. 5401. DEFINITIONS.

       In this title:
       (1) Applicant flow data.--The term ``applicant flow data'' 
     means data that tracks the rate of applications for job 
     positions among demographic categories.
       (2) Demographic data.--The term ``demographic data'' means 
     facts or statistics relating to the demographic categories 
     specified in the Office of Management and Budget statistical 
     policy directive entitled ``Standards for Maintaining, 
     Collecting, and Presenting Federal Data on Race and 
     Ethnicity'' (81 Fed. Reg. 67398).
       (3) Diversity.--The term ``diversity'' means those classes 
     of persons protected under the Civil Rights Act of 1964 (42 
     U.S.C. 2000a et seq.) and the Americans with Disabilities Act 
     of 1990 (42 U.S.C. 12101 et seq.).
       (4) Workforce.--The term ``workforce'' means--
       (A) individuals serving in a position in the civil service 
     (as defined in section 2101 of title 5, United States Code);
       (B) individuals who are members of the Foreign Service (as 
     defined in section 103 of the Foreign Service Act of 1980 (22 
     U.S.C. 3902));
       (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; or
       (E) individuals other than Locally Employed Staff working 
     in the Department of State under any other authority.

     SEC. 5402. COLLECTION, ANALYSIS, AND DISSEMINATION OF 
                   WORKFORCE DATA.

       (a) Initial Report.--Not later than 180 days after the date 
     of the enactment of this Act, the Secretary shall, in 
     consultation with the Director of the Office of Personnel 
     Management and the Director of the Office of Management and 
     Budget, submit to the appropriate congressional committees a 
     report, which shall also be posted on a publicly available 
     website of the Department in a searchable database format, 
     that includes disaggregated demographic data and other 
     information regarding the diversity of the workforce of the 
     Department.
       (b) Data.--The report under subsection (a) shall include 
     the following data:
       (1) Demographic data on each element of the workforce of 
     the Department, disaggregated by rank and grade or grade-
     equivalent, with respect to the following groups:
       (A) Applicants for positions in the Department.
       (B) Individuals hired to join the workforce.
       (C) Individuals promoted during the 2-year period ending on 
     the date of the enactment of this Act, including promotions 
     to and within the Senior Executive Service or the Senior 
     Foreign Service.
       (D) Individuals serving on applicable selection boards.
       (E) Members of any external advisory committee or board who 
     are subject to appointment by individuals at senior positions 
     in the Department.
       (F) Individuals participating in professional development 
     programs of the Department, and the extent to which such 
     participants have been placed into senior positions within 
     the Department after such participation.
       (G) Individuals participating in mentorship or retention 
     programs.
       (H) Individuals who separated from the agency during the 2-
     year period ending on the date of the enactment of this Act, 
     including individuals in the Senior Executive Service or the 
     Senior Foreign Service.
       (2) An assessment of agency compliance with the essential 
     elements identified in Equal Employment Opportunity 
     Commission Management Directive 715, effective October 1, 
     2003.
       (3) Data on the overall number of individuals who are part 
     of the workforce, the percentages of such workforce 
     corresponding to each element listed in section 5401(4), and 
     the percentages corresponding to each rank, grade, or grade-
     equivalent.
       (c) Recommendation.--The Secretary may include in the 
     report under subsection (a) a recommendation to the Director 
     of Office of Management and Budget and to the appropriate 
     congressional committees regarding whether the Department 
     should collect more detailed data on demographic categories 
     in addition to the race and ethnicity categories specified in 
     the Office of Management and Budget statistical policy 
     directive entitled ``Standards for Maintaining, Collecting, 
     and Presenting Federal Data on Race and Ethnicity'' (81 Fed. 
     Reg. 67398).
       (d) Other Contents.--The report under subsection (a) shall 
     also describe and assess the effectiveness of the efforts of 
     the Department--
       (1) to propagate fairness, impartiality, and inclusion in 
     the work environment, both domestically and abroad;

[[Page S8016]]

       (2) to enforce anti-harassment and anti-discrimination 
     policies, both domestically and at posts overseas;
       (3) to refrain from engaging in unlawful discrimination in 
     any phase of the employment process, including recruitment, 
     hiring, evaluation, assignments, promotion, retention, and 
     training;
       (4) to prevent illegal retaliation against employees for 
     participating in a protected equal employment opportunity 
     activity or for reporting sexual harassment or sexual 
     assault;
       (5) to provide reasonable accommodation for qualified 
     employees and applicants with disabilities; and
       (6) to recruit a representative workforce by--
       (A) recruiting women and minorities;
       (B) recruiting at women's colleges, historically Black 
     colleges and universities, minority-serving institutions, and 
     other institutions serving a significant percentage of 
     minority students;
       (C) placing job advertisements in newspapers, magazines, 
     and job sites oriented toward women and minorities;
       (D) sponsoring and recruiting at job fairs in urban and 
     rural communities and land-grant colleges or universities;
       (E) providing opportunities through the Foreign Service 
     Internship Program under chapter 12 of the Foreign Service 
     Act of 1980 (22 U.S.C. 4141 et seq.) and other hiring 
     initiatives;
       (F) recruiting mid-level and senior-level professionals 
     through programs designed to increase minority representation 
     in international affairs;
       (G) offering the Foreign Service written and oral 
     assessment examinations in several locations throughout the 
     United States to reduce the burden of applicants having to 
     travel at their own expense to take either or both such 
     examinations;
       (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 1 year after the 
     publication of the report required under subsection (a) and 
     annually thereafter for the following 5 years, the Secretary 
     shall work with the Director of the Office of Personnel 
     Management and the Director of the Office of Management and 
     Budget to provide a report to the appropriate congressional 
     committees, which shall be posted on the Department's 
     website, which may be included in another annual report 
     required under another provision of law, that includes--
       (1) disaggregated demographic data relating to the 
     workforce and information on the status of diversity and 
     inclusion efforts of the Department;
       (2) an analysis of applicant flow data; and
       (3) disaggregated demographic data relating to participants 
     in professional development programs of the Department and 
     the rate of placement into senior positions for participants 
     in such programs.

     SEC. 5403. 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--
       (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 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 5402 relating to the determination reached 
     pursuant to paragraph (1).
       (d) Tracking Data.--The Department shall--
       (1) track demographic data relating to participants in 
     professional development programs and the rate of placement 
     into senior positions for participants in such programs;
       (2) annually evaluate such data--
       (A) to identify ways to improve outreach and recruitment 
     for such programs, consistent with merit system principles; 
     and
       (B) to understand the extent to which participation in any 
     professional development program offered or sponsored by the 
     Department differs among the demographic categories of the 
     workforce; and
       (3) actively encourage participation from a range of 
     demographic categories, especially from categories with 
     consistently low participation, in such professional 
     development programs.

     SEC. 5404. RECRUITMENT AND RETENTION.

       (a) In General.--The Secretary 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 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 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's Diversity and Inclusion 
     Strategic Plan for 2016-2020 to promote diversity in Bureau 
     awards or mitigate unconscious bias;
       (B) expand the provision of training on workplace rights 
     and responsibilities to focus on anti-harassment and anti-
     discrimination information and policies, including policies 
     relating to sexual assault prevention and response; and
       (C) make such expanded training mandatory for--
       (i) individuals in senior and supervisory positions;
       (ii) individuals having responsibilities related to 
     recruitment, retention, or promotion of employees; and
       (iii) any other individual determined by the Department who 
     needs such training based on analysis by the Department or 
     OPM analysis.
       (2) Best practices.--The Department shall give special 
     attention to ensuring the continuous incorporation of 
     research-based best practices in training provided under this 
     subsection.

     SEC. 5405. LEADERSHIP ENGAGEMENT AND ACCOUNTABILITY.

       (a) Reward and Recognize Efforts To Promote Diversity and 
     Inclusion.--
       (1) In general.--The Secretary shall implement performance 
     and advancement requirements that reward and recognize the 
     efforts of individuals in senior positions and supervisors in 
     the Department in fostering an inclusive environment and 
     cultivating talent consistent with merit system principles, 
     such as through participation in mentoring programs or 
     sponsorship initiatives, recruitment events, and other 
     similar opportunities.
       (2) Outreach events.--The Secretary shall create 
     opportunities for individuals in senior positions and 
     supervisors in the Department to participate in outreach 
     events and to discuss issues relating to diversity and 
     inclusion with the workforce on a regular basis, including 
     with employee resource groups.
       (b) External Advisory Committees and Boards.--For each 
     external advisory committee or board to which individuals in 
     senior positions in the Department appoint members, the 
     Secretary is strongly encouraged by Congress to ensure such 
     external advisory committee or board is developed, reviewed, 
     and carried out by qualified teams that represent the 
     diversity of the organization.

     SEC. 5406. PROFESSIONAL DEVELOPMENT OPPORTUNITIES AND TOOLS.

       (a) Expand Provision of Professional Development and Career 
     Advancement Opportunities.--
       (1) In general.--The Secretary is authorized to expand 
     professional development opportunities that support the 
     mission needs of the Department, such as--
       (A) academic programs;
       (B) private-public exchanges; and
       (C) detail assignments to relevant positions in--
       (i) private or international organizations;
       (ii) State, local, and Tribal governments;
       (iii) other branches of the Federal Government; or
       (iv) professional schools of international affairs.

[[Page S8017]]

       (2) Training for senior positions.--
       (A) In general.--The Secretary shall offer, or sponsor 
     members of the workforce to participate in, a Senior 
     Executive Service candidate development program or other 
     program that trains members on the skills required for 
     appointment to senior positions in the Department.
       (B) Requirements.--In determining which members of the 
     workforce are granted professional development or career 
     advancement opportunities under subparagraph (A), the 
     Secretary shall--
       (i) ensure any program offered or sponsored by the 
     Department under such subparagraph comports with the 
     requirements of subpart C of part 412 of title 5, Code of 
     Federal Regulations, or any successor thereto, including 
     merit staffing and assessment requirements;
       (ii) consider the number of expected vacancies in senior 
     positions as a factor in determining the number of candidates 
     to select for such programs;
       (iii) understand how participation in any program offered 
     or sponsored by the Department under such subparagraph 
     differs by gender, race, national origin, disability status, 
     or other demographic categories; and
       (iv) actively encourage participation from a range of 
     demographic categories, especially from categories with 
     consistently low participation.

     SEC. 5407. EXAMINATION AND ORAL ASSESSMENT FOR THE FOREIGN 
                   SERVICE.

       (a) Sense of Congress.--It is the sense of Congress that 
     the Department should offer both the Foreign Service written 
     examination and oral assessment in more locations throughout 
     the United States. Doing so would ease the financial burden 
     on potential candidates who do not currently reside in and 
     must travel at their own expense to one of the few locations 
     where these assessments are offered.
       (b) Foreign Service Examinations.--Section 301(b) of the 
     Foreign Service Act of 1980 (22 U.S.C. 3941) is amended--
       (1) by striking ``The Secretary'' and inserting: ``(1) The 
     Secretary''; and
       (2) by adding at the end the following new paragraph:
       ``(2) The Secretary shall ensure that the Board of 
     Examiners for the Foreign Service annually offers the oral 
     assessment examinations described in paragraph (1) in cities, 
     chosen on a rotating basis, located in at least five cities 
     in three different time zones across the United States.''.

     SEC. 5408. PAYNE FELLOWSHIP AUTHORIZATION.

       (a) In General.--Undergraduate and graduate components of 
     the Donald M. Payne International Development Fellowship 
     Program may conduct outreach to attract outstanding students 
     with an interest in pursuing a Foreign Service career who 
     represent diverse ethnic and socioeconomic backgrounds.
       (b) Review of Past Programs.--The Secretary shall review 
     past programs designed to increase minority representation in 
     international affairs positions.

     SEC. 5409. VOLUNTARY PARTICIPATION.

       (a) In General.--Nothing in this title should be construed 
     so as to compel any employee to participate in the collection 
     of the data or divulge any personal information. Department 
     employees shall be informed that their participation in the 
     data collection contemplated by this title is voluntary.
       (b) Privacy Protection.--Any data collected under this 
     title shall be subject to the relevant privacy protection 
     statutes and regulations applicable to Federal employees.

                     TITLE V--INFORMATION SECURITY

     SEC. 5501. 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. 5502. 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, 
     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 5 
     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. 5503. PRESERVING RECORDS OF ELECTRONIC COMMUNICATIONS 
                   CONDUCTED RELATED TO OFFICIAL DUTIES OF 
                   POSITIONS IN THE PUBLIC TRUST OF THE AMERICAN 
                   PEOPLE.

       (a) Sense of Congress.--It is the sense of Congress that, 
     as a matter of rule of law and transparency in a democratic 
     government, all officers and employees of the Department and 
     the United States Agency for International Development must 
     preserve all records of communications conducted in their 
     official capacities or related to their official duties with 
     entities outside of the United States Government. It is 
     further the sense of Congress that such practice should 
     include foreign government officials or other foreign 
     entities which may seek to influence United States Government 
     policies and actions.
       (b) Publication.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall publish in the 
     Foreign Affairs Manual guidance implementing chapter 31 of 
     title 44, United States Code (commonly referred to as the 
     ``Federal Records Act''), to treat electronic messaging 
     systems, software, and applications as equivalent to 
     electronic mail for the purpose of identifying Federal 
     records, and shall also publish in the Foreign Affairs Manual 
     the statutory penalties for failure to comply with such 
     guidance. Beginning on the date that is 180 days after the 
     date of the enactment of this Act, no funds are authorized to 
     be appropriated or made available to the Department of State 
     under any Act to support the use or establishment of accounts 
     on third-party messaging applications or other non-Government 
     online communication tools if the Secretary does not certify 
     to the relevant congressional committees that the Secretary 
     has carried out this section. The prohibition described in 
     this subsection shall not apply to warden or embassy security 
     messages.

     SEC. 5504. 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. 5505. VULNERABILITY DISCLOSURE POLICY AND BUG BOUNTY 
                   PILOT PROGRAM.

       (a) Definitions.--In this section:
       (1) Bug bounty program.--The term ``bug bounty program'' 
     means a program under which an approved individual, 
     organization, or company is temporarily authorized to 
     identify and report vulnerabilities of internet-facing 
     information technology of the Department in exchange for 
     compensation.
       (2) Department.--The term ``Department'' means the 
     Department of State.
       (3) Information technology.--The term ``information 
     technology'' has the meaning given such term in section 11101 
     of title 40, United States Code.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of State.
       (b) Department of State Vulnerability Disclosure Process.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall design, 
     establish, and make publicly known a Vulnerability Disclosure 
     Process (VDP) to improve Department cybersecurity by--
       (A) providing security researchers with clear guidelines 
     for--
       (i) conducting vulnerability discovery activities directed 
     at Department information technology; and
       (ii) submitting discovered security vulnerabilities to the 
     Department; and
       (B) creating Department procedures and infrastructure to 
     receive and fix discovered vulnerabilities.
       (2) Requirements.--In establishing the VDP pursuant to 
     paragraph (1), the Secretary shall--
       (A) identify which Department information technology should 
     be included in the process;
       (B) determine whether the process should differentiate 
     among and specify the types of security vulnerabilities that 
     may be targeted;
       (C) provide a readily available means of reporting 
     discovered security vulnerabilities and the form in which 
     such vulnerabilities should be reported;
       (D) identify which Department offices and positions will be 
     responsible for receiving, prioritizing, and addressing 
     security vulnerability disclosure reports;
       (E) consult with the Attorney General regarding how to 
     ensure that individuals, organizations, and companies that 
     comply with the requirements of the process are protected 
     from prosecution under section 1030 of

[[Page S8018]]

     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 5 years, 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 the VDP, including information 
     relating to the following:
       (A) The number and severity, in accordance with the 
     National Vulnerabilities Database of the National Institute 
     of Standards and Technology, of security vulnerabilities 
     reported.
       (B) The number of previously unidentified security 
     vulnerabilities remediated as a result.
       (C) The current number of outstanding previously 
     unidentified security vulnerabilities and Department of State 
     remediation plans.
       (D) The average length of time between the reporting of 
     security vulnerabilities and remediation of such 
     vulnerabilities.
       (E) The resources, surge staffing, roles, and 
     responsibilities within the Department used to implement the 
     VDP and complete security vulnerability remediation.
       (F) Any other information the Secretary determines 
     relevant.
       (c) Department of State Bug Bounty Pilot Program.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary shall establish a 
     bug bounty pilot program to minimize security vulnerabilities 
     of internet-facing information technology of the Department.
       (2) Requirements.--In establishing the pilot program 
     described in paragraph (1), the Secretary shall--
       (A) provide compensation for reports of previously 
     unidentified security vulnerabilities within the websites, 
     applications, and other internet-facing information 
     technology of the Department that are accessible to the 
     public;
       (B) award contracts to entities, as necessary, to manage 
     such pilot program and for executing the remediation of 
     security vulnerabilities identified pursuant to subparagraph 
     (A);
       (C) identify which Department information technology should 
     be included in such pilot program;
       (D) consult with the Attorney General on how to ensure that 
     individuals, organizations, or companies that comply with the 
     requirements of such pilot program are protected from 
     prosecution under section 1030 of title 18, United States 
     Code, and similar provisions of law for specific activities 
     authorized under such pilot program;
       (E) consult with the relevant offices at the Department of 
     Defense that were responsible for launching the 2016 ``Hack 
     the Pentagon'' pilot program and subsequent Department of 
     Defense bug bounty programs;
       (F) develop a process by which an approved individual, 
     organization, or company can register with the entity 
     referred to in subparagraph (B), submit to a background check 
     as determined by the Department, and receive a determination 
     as to eligibility for participation in such pilot program;
       (G) engage qualified interested persons, including 
     nongovernmental sector representatives, about the structure 
     of such pilot program as constructive and to the extent 
     practicable; and
       (H) consult with relevant United States Government 
     officials to ensure that such pilot program complements 
     persistent network and vulnerability scans of the Department 
     of State's internet-accessible systems, such as the scans 
     conducted pursuant to Binding Operational Directive BOD-15-
     01.
       (3) Duration.--The pilot program established under 
     paragraph (1) should be short-term in duration and not last 
     longer than 1 year.
       (4) Report.--Not later than 180 days after the date on 
     which the bug bounty pilot program under subsection (a) is 
     completed, the Secretary shall submit to the Committee on 
     Foreign Relations of the Senate and the Committee on Foreign 
     Affairs of the House of Representatives a report on such 
     pilot program, including information relating to--
       (A) the number of approved individuals, organizations, or 
     companies involved in such pilot program, broken down by the 
     number of approved individuals, organizations, or companies 
     that--
       (i) registered;
       (ii) were approved;
       (iii) submitted security vulnerabilities; and
       (iv) received compensation;
       (B) the number and severity, in accordance with the 
     National Vulnerabilities Database of the National Institute 
     of Standards and Technology, of security vulnerabilities 
     reported as part of such pilot program;
       (C) the number of previously unidentified security 
     vulnerabilities remediated as a result of such pilot program;
       (D) the current number of outstanding previously 
     unidentified security vulnerabilities and Department 
     remediation plans;
       (E) the average length of time between the reporting of 
     security vulnerabilities and remediation of such 
     vulnerabilities;
       (F) the types of compensation provided under such pilot 
     program; and
       (G) the lessons learned from such pilot program.

                       TITLE VI--PUBLIC DIPLOMACY

     SEC. 5601. SHORT TITLE.

       This title may be cited as the ``Public Diplomacy 
     Modernization Act of 2021''.

     SEC. 5602. AVOIDING DUPLICATION OF PROGRAMS AND EFFORTS.

       The Secretary shall--
       (1) identify opportunities for greater efficiency of 
     operations, including through improved coordination of 
     efforts across public diplomacy bureaus and offices of the 
     Department; and
       (2) maximize shared use of resources between, and within, 
     such public diplomacy bureaus and offices in cases in which 
     programs, facilities, or administrative functions are 
     duplicative or substantially overlapping.

     SEC. 5603. IMPROVING RESEARCH AND EVALUATION OF PUBLIC 
                   DIPLOMACY.

       (a) Research and Evaluation Activities.--The Secretary, 
     acting through the Director of Research and Evaluation 
     appointed pursuant to subsection (b), shall--
       (1) conduct regular research and evaluation of public 
     diplomacy programs and activities of the Department, 
     including through the routine use of audience research, 
     digital analytics, and impact evaluations, to plan and 
     execute such programs and activities; and
       (2) make available to Congress the findings of the research 
     and evaluations conducted under paragraph (1).
       (b) Director of Research and Evaluation.--
       (1) Appointment.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary shall appoint a 
     Director of Research and Evaluation (referred to in this 
     subsection as the ``Director'') in the Office of Policy, 
     Planning, and Resources for Public Diplomacy and Public 
     Affairs of the Department.
       (2) Limitation on appointment.--The appointment of the 
     Director pursuant to paragraph (1) shall not result in an 
     increase in the overall full-time equivalent positions within 
     the Department.
       (3) Responsibilities.--The Director shall--
       (A) coordinate and oversee the research and evaluation of 
     public diplomacy programs and activities of the Department 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 1 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 shall ensure that research and 
     evaluation of public diplomacy and activities of the 
     Department, as coordinated and overseen by the Director 
     pursuant to subsection (b), supports strategic planning and 
     resource allocation across all public diplomacy bureaus and 
     offices of the Department.
       (2) Allocation of resources.--Amounts allocated for the 
     purpose of research and evaluation of public diplomacy 
     programs and activities of the Department pursuant to 
     subsection (b) shall be made available to be disbursed at the 
     direction of the Director 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 should gradually increase its allocation of 
     funds made available under the headings ``Educational

[[Page S8019]]

     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 shall maintain, collect, 
     use, and disseminate records (as such term is defined in 
     section 552a(a)(4) of title 5, United States Code) for 
     audience research, digital analytics, and impact evaluation 
     of communications related to public diplomacy efforts 
     intended for foreign audiences.
       (2) Conditions.--Audience research, digital analytics, and 
     impact evaluations under paragraph (1) shall be--
       (A) reasonably tailored to meet the purposes of this 
     subsection; and
       (B) carried out with due regard for privacy and civil 
     liberties guidance and oversight.
       (f) United States Advisory Commission on Public 
     Diplomacy.--
       (1) Subcommittee for research and evaluation.--The United 
     States Advisory Commission on Public Diplomacy shall 
     establish a Subcommittee on Research and Evaluation to 
     monitor and advise regarding audience research, digital 
     analytics, and impact evaluations carried out by the 
     Department and the United States Agency for Global Media.
       (2) Annual report.--The Subcommittee on Research and 
     Evaluation established pursuant to paragraph (1) shall submit 
     to the appropriate congressional committees an annual report, 
     in conjunction with the United States Advisory Commission on 
     Public Diplomacy's Comprehensive Annual Report on the 
     performance of the Department and the United States Agency 
     for Global Media, describing all actions taken by the 
     Subcommittee pursuant to paragraph (1) and any findings made 
     as a result of such actions.

     SEC. 5604. PERMANENT REAUTHORIZATION OF THE UNITED STATES 
                   ADVISORY COMMISSION ON PUBLIC DIPLOMACY.

       Section 1334 of the Foreign Affairs Reform and 
     Restructuring Act of 1998 (22 U.S.C. 6553) is amended--
       (1) in the section heading, by striking ``sunset'' and 
     inserting ``continuation''; and
       (2) by striking ``until October 1, 2021''.

     SEC. 5605. STREAMLINING OF SUPPORT FUNCTIONS.

       (a) Working Group Established.--Not later than 60 days 
     after the date of the enactment of this Act, the Secretary 
     shall establish a working group to explore the possibilities 
     and cost-benefit analysis of transitioning to a shared 
     services model as such pertains to human resources, travel, 
     purchasing, budgetary planning, and all other executive 
     support functions for all bureaus of the Department that 
     report to the Under Secretary for Public Diplomacy of the 
     Department.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     appropriate congressional committees a plan to implement any 
     such findings of the working group established under 
     subsection (a).

     SEC. 5606. GUIDANCE FOR CLOSURE OF PUBLIC DIPLOMACY 
                   FACILITIES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     adopt, and include in the Foreign Affairs Manual, guidelines 
     to collect and utilize information from each diplomatic post 
     at which the construction of a new embassy compound or new 
     consulate compound would result in the closure or co-location 
     of an American Space, American Center, American Corner, or 
     any other public diplomacy facility under the Secure Embassy 
     Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 
     et seq.).
       (b) Requirements.--The guidelines required by subsection 
     (a) shall include the following:
       (1) Standardized notification to each chief of mission at a 
     diplomatic post describing the requirements of the Secure 
     Embassy Construction and Counterterrorism Act of 1999 and the 
     impact on the mission footprint of such requirements.
       (2) An assessment and recommendations from each chief of 
     mission of potential impacts to public diplomacy programming 
     at such diplomatic post if any public diplomacy facility 
     referred to in subsection (a) is closed or staff is co-
     located in accordance with such Act.
       (3) A process by which assessments and recommendations 
     under paragraph (2) are considered by the Secretary and the 
     appropriate Under Secretaries and Assistant Secretaries of 
     the Department.
       (4) Notification to the appropriate congressional 
     committees, prior to the initiation of a new embassy compound 
     or new consulate compound design, of the intent to close any 
     such public diplomacy facility or co-locate public diplomacy 
     staff in accordance with such Act.
       (c) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     appropriate congressional committees a report containing the 
     guidelines required under subsection (a) and any 
     recommendations for any modifications to such guidelines.

     SEC. 5607. DEFINITIONS.

       In this title:
       (1) Audience research.--The term ``audience research'' 
     means research conducted at the outset of a public diplomacy 
     program or the outset of campaign planning and design 
     regarding specific audience segments to understand the 
     attitudes, interests, knowledge, and behaviors of such 
     audience segments.
       (2) Digital analytics.--The term ``digital analytics'' 
     means the analysis of qualitative and quantitative data, 
     accumulated in digital format, to indicate the outputs and 
     outcomes of a public diplomacy program or campaign.
       (3) Impact evaluation.--The term ``impact evaluation'' 
     means an assessment of the changes in the audience targeted 
     by a public diplomacy program or campaign that can be 
     attributed to such program or campaign.
       (4) Public diplomacy bureaus and offices.--The term 
     ``public diplomacy bureaus and offices'' means, with respect 
     to the Department, the following:
       (A) The Bureau of Educational and Cultural Affairs.
       (B) The Bureau of Global Public Affairs.
       (C) The Office of Policy, Planning, and Resources for 
     Public Diplomacy and Public Affairs.
       (D) The Global Engagement Center.
       (E) The public diplomacy functions within the regional and 
     functional bureaus.

                 TITLE VII--COMBATING PUBLIC CORRUPTION

     SEC. 5701. 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. 5702. DEFINITIONS.

       In this title:
       (1) Corrupt actor.--The term ``corrupt actor'' means--
       (A) any foreign person or entity that is a government 
     official or government entity responsible for, or complicit 
     in, an act of corruption; and
       (B) any company, in which a person or entity described in 
     subparagraph (A) has a significant stake, which is 
     responsible for, or complicit in, an act of corruption.
       (2) Corruption.--The term ``corruption'' means the unlawful 
     exercise of entrusted public power for private gain, 
     including by bribery, nepotism, fraud, or embezzlement.
       (3) Significant corruption.--The term ``significant 
     corruption'' means corruption committed at a high level of 
     government that has some or all of the following 
     characteristics:
       (A) Illegitimately distorts major decision-making, such as 
     policy or resource determinations, or other fundamental 
     functions of governance.
       (B) Involves economically or socially large-scale 
     government activities.

     SEC. 5703. PUBLICATION OF TIERED RANKING LIST.

       (a) In General.--The Secretary of State shall annually 
     publish, on a publicly accessible website, a tiered ranking 
     of all foreign countries.
       (b) Tier 1 Countries.--A country shall be ranked as a tier 
     1 country in the ranking published under subsection (a) if 
     the government of such country is complying with the minimum 
     standards set forth in section 5704.
       (c) Tier 2 Countries.--A country shall be ranked as a tier 
     2 country in the ranking published under subsection (a) if 
     the government of such country is making efforts to comply 
     with the minimum standards set forth in section 5704, but is 
     not achieving the requisite level of compliance to be ranked 
     as a tier 1 country.
       (d) Tier 3 Countries.--A country shall be ranked as a tier 
     3 country in the ranking published under subsection (a) if 
     the government of such country is making de minimis or no 
     efforts to comply with the minimum standards set forth in 
     section 5704.

     SEC. 5704. MINIMUM STANDARDS FOR THE ELIMINATION OF 
                   CORRUPTION AND ASSESSMENT OF EFFORTS TO COMBAT 
                   CORRUPTION.

       (a) In General.--The government of a country is complying 
     with the minimum standards for the elimination of corruption 
     if the government--
       (1) has enacted and implemented laws and established 
     government structures, policies,

[[Page S8020]]

     and practices that prohibit corruption, including significant 
     corruption;
       (2) enforces the laws described in paragraph (1) by 
     punishing any person who is found, through a fair judicial 
     process, to have violated such laws;
       (3) prescribes punishment for significant corruption that 
     is commensurate with the punishment prescribed for serious 
     crimes; and
       (4) is making serious and sustained efforts to address 
     corruption, including through prevention.
       (b) Factors for Assessing Government Efforts to Combat 
     Corruption.--In determining whether a government is making 
     serious and sustained efforts to address corruption, the 
     Secretary of State shall consider, to the extent relevant or 
     appropriate, factors such as--
       (1) whether the government of the country has criminalized 
     corruption, investigates and prosecutes acts of corruption, 
     and convicts and sentences persons responsible for such acts 
     over which it has jurisdiction, including, as appropriate, 
     incarcerating individuals convicted of such acts;
       (2) whether the government of the country vigorously 
     investigates, prosecutes, convicts, and sentences public 
     officials who participate in or facilitate corruption, 
     including nationals of the country who are deployed in 
     foreign military assignments, trade delegations abroad, or 
     other similar missions, who engage in or facilitate 
     significant corruption;
       (3) whether the government of the country has adopted 
     measures to prevent corruption, such as measures to inform 
     and educate the public, including potential victims, about 
     the causes and consequences of corruption;
       (4) what steps the government of the country has taken to 
     prohibit government officials from participating in, 
     facilitating, or condoning corruption, including the 
     investigation, prosecution, and conviction of such officials;
       (5) the extent to which the country provides access, or, as 
     appropriate, makes adequate resources available, to civil 
     society organizations and other institutions to combat 
     corruption, including reporting, investigating, and 
     monitoring;
       (6) whether an independent judiciary or judicial body in 
     the country is responsible for, and effectively capable of, 
     deciding corruption cases impartially, on the basis of facts 
     and in accordance with the law, without any improper 
     restrictions, influences, inducements, pressures, threats, or 
     interferences (direct or indirect);
       (7) whether the government of the country is assisting in 
     international investigations of transnational corruption 
     networks and in other cooperative efforts to combat 
     significant corruption, including, as appropriate, 
     cooperating with the governments of other countries to 
     extradite corrupt actors;
       (8) whether the government of the country recognizes the 
     rights of victims of corruption, ensures their access to 
     justice, and takes steps to prevent victims from being 
     further victimized or persecuted by corrupt actors, 
     government officials, or others;
       (9) whether the government of the country protects victims 
     of corruption or whistleblowers from reprisal due to such 
     persons having assisted in exposing corruption, and refrains 
     from other discriminatory treatment of such persons;
       (10) whether the government of the country is willing and 
     able to recover and, as appropriate, return the proceeds of 
     corruption;
       (11) whether the government of the country is taking steps 
     to implement financial transparency measures in line with the 
     Financial Action Task Force recommendations, including due 
     diligence and beneficial ownership transparency requirements;
       (12) whether the government of the country is facilitating 
     corruption in other countries in connection with state-
     directed investment, loans or grants for major 
     infrastructure, or other initiatives; and
       (13) such other information relating to corruption as the 
     Secretary of State considers appropriate.
       (c) Assessing Government Efforts to Combat Corruption in 
     Relation to Relevant International Commitments.--In 
     determining whether a government is making serious and 
     sustained efforts to address corruption, the Secretary of 
     State shall consider the government of a country's compliance 
     with the following, as relevant:
       (1) The Inter-American Convention against Corruption of the 
     Organization of American States, done at Caracas March 29, 
     1996.
       (2) The Convention on Combating Bribery of Foreign Public 
     Officials in International Business Transactions of the 
     Organisation of Economic Co-operation and Development, done 
     at Paris December 21, 1997 (commonly referred to as the 
     ``Anti-Bribery Convention'').
       (3) The United Nations Convention against Transnational 
     Organized Crime, done at New York November 15, 2000.
       (4) The United Nations Convention against Corruption, done 
     at New York October 31, 2003.
       (5) Such other treaties, agreements, and international 
     standards as the Secretary of State considers appropriate.

     SEC. 5705. IMPOSITION OF SANCTIONS UNDER GLOBAL MAGNITSKY 
                   HUMAN RIGHTS ACCOUNTABILITY ACT.

       (a) In General.--The Secretary of State, in coordination 
     with the Secretary of the Treasury, should evaluate whether 
     there are foreign persons engaged in significant corruption 
     for the purposes of potential imposition of sanctions under 
     the Global Magnitsky Human Rights Accountability Act 
     (subtitle F of title XII of Public Law 114-328; 22 U.S.C. 
     2656 note)--
       (1) in all countries identified as tier 3 countries under 
     section 5703; or
       (2) in relation to the planning or construction or any 
     operation of the Nord Stream 2 pipeline.
       (b) Report Required.--Not later than 180 days after 
     publishing the list required by section 5703(a) and annually 
     thereafter, the Secretary of State shall submit to the 
     committees specified in subsection (f) a report that 
     includes--
       (1) a list of foreign persons with respect to which the 
     President imposed sanctions pursuant to the evaluation under 
     subsection (a);
       (2) the dates on which such sanctions were imposed;
       (3) the reasons for imposing such sanctions; and
       (4) a list of all foreign persons found to have been 
     engaged in significant corruption in relation to the 
     planning, construction, or operation of the Nord Stream 2 
     pipeline.
       (c) Form of Report.--Each report required by subsection (b) 
     shall be submitted in unclassified form but may include a 
     classified annex.
       (d) Briefing in Lieu of Report.--The Secretary of State, in 
     coordination with the Secretary of the Treasury, may (except 
     with respect to the list required by subsection (b)(4)) 
     provide a briefing to the committees specified in subsection 
     (f) instead of submitting a written report required under 
     subsection (b), if doing so would better serve existing 
     United States anti-corruption efforts or the national 
     interests of the Untied States.
       (e) Termination of Requirements Relating to Nord Stream 
     2.--The requirements under subsections (a)(2) and (b)(4) 
     shall terminate on the date that is 5 years after the date of 
     the enactment of this Act.
       (f) Committees Specified.--The committees specified in this 
     subsection are--
       (1) the Committee on Foreign Relations, the Committee on 
     Appropriations, the Committee on Banking, Housing, and Urban 
     Affairs, and the Committee on the Judiciary of the Senate; 
     and
       (2) the Committee on Foreign Affairs, the Committee on 
     Appropriations, the Committee on Financial Services, and the 
     Committee on the Judiciary of the House of Representatives.

     SEC. 5706. 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 as tier 2 
     or tier 3 under section 5703, 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 enhancing coordination and promoting the implementation 
     of a whole-of-government approach among the relevant Federal 
     departments and agencies undertaking efforts to--
       (1) promote good governance in foreign countries; and
       (2) enhance the ability of such countries--
       (A) to combat public corruption; and
       (B) to 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--GLOBAL MAGNITSKY HUMAN RIGHTS ACCOUNTABILITY 
                          REAUTHORIZATION ACT

     SEC. 5801. SHORT TITLE.

       This title may be cited as the ``Global Magnitsky Human 
     Rights Accountability Reauthorization Act''.

     SEC. 5802. MODIFICATIONS TO AND REAUTHORIZATION OF SANCTIONS 
                   WITH RESPECT TO HUMAN RIGHTS VIOLATIONS.

       (a) Definitions.--Section 1262 of the Global Magnitsky 
     Human Rights Accountability Act (Subtitle F of title XII of 
     Public Law 114-328; 22 U.S.C. 2656 note) is amended by 
     striking paragraph (2) and inserting the following:
       ``(2) Immediate family member.--The term `immediate family 
     member', with respect to a foreign person, means the spouse, 
     parent, sibling, or adult child of the person.''.
       (b) Sense of Congress.--The Global Magnitsky Human Rights 
     Accountability Act (Subtitle F of title XII of Public Law 
     114-328; 22 U.S.C. 2656 note) is amended by inserting after 
     section 1262 the following new section:

     ``SEC. 1262A. SENSE OF CONGRESS.

       ``It is the sense of Congress that the President should 
     establish and regularize information sharing and sanctions-
     related decision making with like-minded governments 
     possessing human rights and anti-corruption sanctions 
     programs similar in nature to those authorized under this 
     subtitle.''.
       (c) Imposition of Sanctions.--
       (1) In general.--Subsection (a) of section 1263 of the 
     Global Magnitsky Human Rights Accountability Act (Subtitle F 
     of title XII of Public Law 114-328; 22 U.S.C. 2656 note) is 
     amended to read as follows:
       ``(a) In General.--The President may impose the sanctions 
     described in subsection (b) with respect to--

[[Page S8021]]

       ``(1) any foreign person that the President determines, 
     based on credible information--
       ``(A) is responsible for or complicit in, or has directly 
     or indirectly engaged in, serious human rights abuse;
       ``(B) is a current or former government official, or a 
     person acting for or on behalf of such an official, who is 
     responsible for or complicit in, or has directly or 
     indirectly engaged in--
       ``(i) corruption, including--

       ``(I) the misappropriation of state assets;
       ``(II) the expropriation of private assets for personal 
     gain;
       ``(III) corruption related to government contracts or the 
     extraction of natural resources; or
       ``(IV) bribery; or

       ``(ii) the transfer or facilitation of the transfer of the 
     proceeds of corruption;
       ``(C) is or has been a leader or official of--
       ``(i) an entity, including a government entity, that has 
     engaged in, or whose members have engaged in, any of the 
     activities described in subparagraph (A) or (B) related to 
     the tenure of the leader or official; or
       ``(ii) an entity whose property and interests in property 
     are blocked pursuant to this section as a result of 
     activities related to the tenure of the leader or official;
       ``(D) has materially assisted, sponsored, or provided 
     financial, material, or technological support for, or goods 
     or services to or in support of--
       ``(i) an activity described in subparagraph (A) or (B) that 
     is conducted by a foreign person;
       ``(ii) a person whose property and interests in property 
     are blocked pursuant to this section; or
       ``(iii) an entity, including a government entity, that has 
     engaged in, or whose members have engaged in, an activity 
     described in subparagraph (A) or (B) conducted by a foreign 
     person; or
       ``(E) is owned or controlled by, or has acted or been 
     purported to act for or on behalf of, directly or indirectly, 
     a person whose property and interests in property are blocked 
     pursuant to this section; and
       ``(2) any immediate family member of a person described in 
     paragraph (1).''.
       (2) Consideration of certain information.--Subsection 
     (c)(2) of such section is amended by inserting ``corruption 
     and'' after ``monitor''.
       (3) Requests by congress.--Subsection (d) of such section 
     is amended--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``subsection (a)'' and inserting ``subsection (a)(1)''; and
       (ii) in subparagraph (B)(i), by inserting ``or an immediate 
     family member of the person''; and
       (B) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) in the subparagraph heading, by striking ``human rights 
     violations'' and inserting ``serious human rights abuse''; 
     and
       (II) by striking ``described in paragraph (1) or (2) of 
     subsection (a)'' and inserting ``described in subsection 
     (a)(1) relating to serious human rights abuse''; and

       (ii) in subparagraph (B)--

       (I) in the matter preceding clause (i), by striking 
     ``described in paragraph (3) or (4) of subsection (a)'' and 
     inserting ``described in subsection (a)(1) relating to 
     corruption or the transfer or facilitation of the transfer of 
     the proceeds of corruption''; and
       (II) by striking ``ranking member of'' and all that follows 
     through the period at the end and inserting ``ranking member 
     of one of the appropriate congressional committees''.

       (4) Termination of sanctions.--Subsection (g) of such 
     section is amended, in the matter preceding paragraph (1), by 
     inserting ``and the immediate family members of that person'' 
     after ``a person''.
       (d) Reports to Congress.--Section 1264(a) of the Global 
     Magnitsky Human Rights Accountability Act (Subtitle F of 
     title XII of Public Law 114-328; 22 U.S.C. 2656 note) is 
     amended--
       (1) in paragraph (5), by striking ``; and'' and inserting a 
     semicolon;
       (2) in paragraph (6), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(7) A description of additional steps taken by the 
     President through diplomacy, international engagement, and 
     assistance to foreign or security sectors to address 
     persistent underlying causes of serious human rights abuse 
     and corruption in each country in which foreign persons with 
     respect to which sanctions have been imposed under section 
     1263 are located.''.
       (e) Repeal of Sunset.--Section 1265 of the Global Magnitsky 
     Human Rights Accountability Act (Subtitle F of title XII of 
     Public Law 114-328; 22 U.S.C. 2656 note) is repealed.

                        TITLE IX--OTHER MATTERS

     SEC. 5901. 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 new paragraph:
       ``(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. 5902. 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; and
       (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. 5903. 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 Relations of the Senate and the Committee on 
     Foreign Affairs of the House of Representatives'' 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 Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     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. 5904. CONGRESSIONAL OVERSIGHT, QUARTERLY REVIEW, AND 
                   AUTHORITY RELATING TO CONCURRENCE PROVIDED BY 
                   CHIEFS OF MISSION FOR THE PROVISION OF SUPPORT 
                   RELATING TO CERTAIN UNITED STATES GOVERNMENT 
                   OPERATIONS.

       (a) Notification Required.--Not later than 30 days after 
     the date on which a chief of mission provides concurrence for 
     the provision of United States Government support to entities 
     or individuals engaged in facilitating or supporting United 
     States Government operations within the area of 
     responsibility of the chief of mission, the Secretary of 
     State shall notify the Committee on Foreign Relations of the 
     Senate and the Committee on Foreign Affairs of the House of 
     Representatives of the provision of such concurrence.
       (b) Quarterly Review, Determination, and Briefing 
     Required.--Not less frequently than every 90 days, the 
     Secretary of State shall, in order to ensure support 
     described in subsection (a) continues to align with United 
     States foreign policy objectives and the objectives of the 
     Department of State--
       (1) conduct a review of any concurrence described in 
     subsection (a) in effect as of the date of the review;
       (2) based on the review, determine whether to revoke any 
     such concurrence pending further study and review; and
       (3) brief the Committee on Foreign Relations of the Senate 
     and the Committee on Foreign Affairs of the House of 
     Representatives on the results of the review.
       (c) Revocation of Concurrence.--Based on the review 
     conducted pursuant to subsection

[[Page S8022]]

     (b), the Secretary may revoke any such concurrence.
       (d) Annual Report Required.--Not later than January 31 of 
     each year, 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 that includes the following:
       (1) A description of any support described in subsection 
     (a) that was provided with the concurrence of a chief of 
     mission during the calendar year preceding the calendar year 
     in which the report is submitted.
       (2) An analysis of the effects of the support described in 
     paragraph (1) on diplomatic lines of effort, including with 
     respect to--
       (A) Nonproliferation, Anti-terrorism, Demining, and Related 
     Programs (NADR) and associated Anti-Terrorism Assistance 
     (ATA) programs;
       (B) International Narcotics Control and Law Enforcement 
     (INCLE) programs; and
       (C) Foreign Military Sales (FMS), Foreign Military 
     Financing (FMF), and associated training programs.

     SEC. 5905. 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.
                                 ______