[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5592 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 5592
To provide for certain authorities of the Department of State, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 24, 2018
Mr. Royce of California (for himself and Mr. Engel) introduced the
following bill; which was referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To provide for certain authorities of the Department of State, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Department of
State Authorization Act of 2018''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE
Sec. 101. Sense of Congress on importance of Department of State's
work.
Sec. 102. Reorganization authority.
Sec. 103. Sense of Congress regarding need for congressional
authorization prior to USAID
reorganization.
Sec. 104. National diplomacy and development strategy.
Sec. 105. Office of Global Women's Issues.
Sec. 106. Office of International Religious Freedom.
Sec. 107. Bureau of Democracy, Human Rights, and Labor.
Sec. 108. Assistant Secretary for International Narcotics and Law
Enforcement Affairs.
Sec. 109. Office of International Disability Rights.
Sec. 110. Bureau of Consular Affairs; Bureau of Population, Refugees,
and Migration.
Sec. 111. Anti-piracy information sharing.
Sec. 112. Extension of authority to assess passport surcharge.
Sec. 113. Overseas comparability pay limitation.
Sec. 114. Recall and reemployment of career members.
Sec. 115. Director General of the Foreign Service and Director of the
Foreign Service Institute.
Sec. 116. Importance of foreign affairs training to national security.
Sec. 117. Basic training and evaluation of career candidates to the
Foreign Service.
Sec. 118. Counterintelligence and counterterrorism training for Foreign
Service officers.
Sec. 119. Foreign language training reform.
Sec. 120. Authorization for receipt of private funding for diplomatic
studies and training.
Sec. 121. Classification and assignment of Foreign Service officers.
Sec. 122. Cyber diplomacy.
Sec. 123. Energy diplomacy and security within the Department of State.
TITLE II--EMBASSY CONSTRUCTION
Sec. 201. Standard design in capital construction.
Sec. 202. Capital construction transparency.
Sec. 203. Contractor performance information.
Sec. 204. Growth projections for new embassies and consulates.
Sec. 205. Long-range planning process.
Sec. 206. Value engineering and risk assessment.
Sec. 207. Business volume.
Sec. 208. Embassy security requests and deficiencies.
Sec. 209. Overseas security briefings.
TITLE III--PERSONNEL ISSUES
Sec. 301. Special appointments.
Sec. 302. Defense Base Act insurance waivers.
Sec. 303. Study on Foreign Service allowances.
Sec. 304. Science and technology fellowships.
Sec. 305. Travel for separated families.
Sec. 306. Home leave travel for separated families.
Sec. 307. Sense of Congress regarding certain fellowship programs.
Sec. 308. Technical correction.
Sec. 309. Foreign Service awards.
Sec. 310. Diplomatic and consular programs.
TITLE IV--DIVERSITY AND VETERAN RECRUITMENT
Sec. 401. Definitions.
Sec. 402. Collection, analysis, and dissemination of workforce data.
Sec. 403. Exit interviews or surveys.
Sec. 404. Recruitment.
Sec. 405. Veteran recruitment for the Foreign Service.
Sec. 406. Payne fellowship authorization.
Sec. 407. Voluntary participation.
TITLE V--INFORMATION SECURITY
Sec. 501. Definitions.
Sec. 502. Information system security.
Sec. 503. Improving FOIA process.
Sec. 504. Annual report on security violations.
Sec. 505. Classified information spillage.
Sec. 506. Refresher training on the handling of classified information.
Sec. 507. Prohibition on contracting with certain telecommunications
providers.
Sec. 508. Report on contracts with Kaspersky Labs and Huawei.
TITLE VI--PUBLIC DIPLOMACY
Sec. 601. Avoiding duplication of programs and efforts.
Sec. 602. American Spaces review.
Sec. 603. Improving research and evaluation of public diplomacy.
TITLE VII--COMBATING PUBLIC CORRUPTION
Sec. 701. Sense of Congress.
Sec. 702. Annual assessment.
Sec. 703. Transparency and accountability.
Sec. 704. Designation of embassy anti-corruption points of contact.
Sec. 705. Reporting requirements.
TITLE VIII--MISCELLANEOUS
Sec. 801. Case-Zablocki reform.
Sec. 802. Reporting on implementation of GAO recommendations.
Sec. 803. Extension of authority for certain Accountability Review
Boards.
TITLE IX--MATTERS RELATING TO INTERNATIONAL SECURITY
Subtitle A--General Provisions
Sec. 901. Modification of purposes for which military sales by the
United States are authorized.
Sec. 902. Return of defense articles.
Sec. 903. Requirements relating to exemptions for licensing of defense
items.
Sec. 904. Amendment to general provisions.
Sec. 905. Technical amendments to Arms Export Control Act.
Sec. 906. Sense of Congress on licensing under United States arms
export control programs.
Sec. 907. Extension of war reserve stockpile authority.
Sec. 908. Peacekeeping operations and other national security programs.
Sec. 909. Other amendments to military assistance authorities.
Subtitle B--Security Sector Reform
Sec. 921. List of priority countries for security sector assistance.
Sec. 922. Coordinator for security sector assistance in priority
countries.
Sec. 923. Policies and guidance for regional bureaus of the Department.
Sec. 924. Office for Security Sector Assistance in the Department.
Sec. 925. Database for security assistance.
Sec. 926. Definitions.
Subtitle C--Modifications of Authorities That Provide for Rescission of
Determinations of Countries as State Sponsors of Terrorism
Sec. 931. Modifications of authorities that provide for rescission of
determinations of countries as state
sponsors of terrorism.
SEC. 2. DEFINITIONS.
Except as otherwise provided, in this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(2) Department.--Unless otherwise specified, the term
``Department'' means the Department of State.
(3) Secretary.--Unless otherwise specified, the term
``Secretary'' means the Secretary of State.
TITLE I--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE
SEC. 101. SENSE OF CONGRESS ON IMPORTANCE OF DEPARTMENT OF STATE'S
WORK.
It is the sense of Congress that--
(1) United States global engagement is key to a stable and
prosperous world;
(2) United States leadership is indispensable in light of
the many complex and interconnected threats facing the United
States and the world;
(3) diplomacy and development are critical tools of
national power and full deployment of these tools is vital to
United States national security;
(4) challenges such as the global refugee and migration
crises, terrorism, historic famine and food insecurity, and
fragile or repressive societies cannot be addressed without
sustained and robust United States diplomatic and development
leadership;
(5) the United States Government must use all of the
instruments of national security and foreign policy at our
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 who share our interests and values, and
these partnerships are nurtured and our shared interests and
values are promoted through United States diplomatic
engagement, security cooperation, economic statecraft, and
assistance that helps further economic development, good
governance, including the rule of law and democratic
institutions, and the development of shared responses to
natural and humanitarian disasters;
(7) as the United States Government agencies primarily
charged with conducting diplomacy and development, the
Department and the United States Agency for International
Development (USAID) require sustained and robust funding to
carry out this important work, which is essential to our
ability to project United States leadership and values and to
advance the United States interests around the world;
(8) the work of the Department and USAID makes the United
States and the world safer and more prosperous by alleviating
global poverty and hunger, fighting HIV/AIDS and other
infectious diseases, strengthening alliances, expanding
educational opportunities for women and girls, promoting good
governance and democracy, supporting anti-corruption efforts,
driving economic development and trade, preventing armed
conflicts and humanitarian crises, and creating American jobs
and export opportunities;
(9) the Department and USAID are vital national security
agencies, whose work is critical to the projection of American
power and leadership worldwide, and without which Americans
would be less safe, our economic power would be diminished, and
global stability and prosperity would suffer;
(10) investing in diplomacy and development before
conflicts break out saves American lives while also being cost-
effective; and
(11) the contributions of personnel working at the
Department and USAID are extraordinarily valuable and allow us
to maintain United States leadership around the world.
SEC. 102. REORGANIZATION AUTHORITY.
(a) Report.--Not later than 60 days after the date of the enactment
of this Act, the Secretary, in coordination with the USAID
Administrator, shall report to the appropriate congressional committees
on the details of any plans for the reorganization of the Department or
USAID.
(b) Elements.--The report referred to in subsection (a) may be a
brief or a written report and shall, to the extent appropriate, include
the following elements:
(1) The principles and goals of such reorganization,
including the timeline under which the proposed organizational
changes will be implemented.
(2) The justification for the reorganization, specifically
with reference to the bureaus, offices, or positions of the
Department or of USAID that would be proposed to be eliminated,
created, or altered by such reorganization.
(3) An assessment of the projected impact of the
reorganization on United States diplomacy and development
efforts.
(4) Recommendations for any legislative authorities
required to implement the proposed reorganization.
(c) Temporary Limitation.--The Department and USAID may not
implement any aspect of any proposed reorganization under this section
until 30 days after the plan with respect to any such reorganization is
submitted pursuant to subsection (a).
(d) Limitation.--Any plan for the reorganization of the Department
or USAID shall preserve the status of USAID as an independent
establishment within the Executive branch pursuant to section 1413 of
the Foreign Affairs Reform and Restructuring Act of 1998 (22 U.S.C.
6563).
(e) Rule of Construction.--Nothing in this section may be construed
as superseding any law that requires the establishment of certain
bureaus and offices of the Department or USAID.
SEC. 103. SENSE OF CONGRESS REGARDING NEED FOR CONGRESSIONAL
AUTHORIZATION PRIOR TO USAID REORGANIZATION.
It is the sense of Congress that, pursuant to section 1413 of the
Foreign Affairs Reform and Restructuring Act of 1998 (22 U.S.C. 6563),
congressional authorization is a prerequisite to any reorganization of
the United States Agency for International Development that would
change its current status.
SEC. 104. NATIONAL DIPLOMACY AND DEVELOPMENT STRATEGY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the latest iteration of the Joint Strategic Plan
developed by the Department and USAID does not adequately
address the strategic priorities of the United States, identify
key threats and opportunities, or offer the rationale for
making hard choices with regard to limited resources; and
(2) additional requirements to the Joint Strategic Plan are
necessary to encourage the development of a national diplomacy
and development strategy, elements of which shall be provided
to Congress in classified form.
(b) Enhancement of Joint Strategic Plan for the Department and
USAID.--In addition to meeting the requirements described in section
306 of title 5, United States Code, the strategic plan developed by the
Department and USAID shall--
(1) refer to and support the most recent national security
strategy report submitted pursuant to section 108 of the
National Security Act of 1947 (50 U.S.C. 3043);
(2) be integrated and coordinated with other relevant
national-level plans and with the strategic plans of other
Federal departments and agencies, including the current
National Defense Strategy;
(3) prioritize the leading worldwide diplomatic and
development interests and objectives of the United States and
the leading threats and challenges associated with those
interests and objectives;
(4) identify the major diplomatic, economic, and assistance
approaches designed to support and further the worldwide
interests, goals, commitments, and policies that are vital to
the national security of the United States;
(5) describe how the diplomatic and development community
will utilize personnel, partnerships, alliances, industry,
technology, international and nongovernmental organizations,
and other capabilities to execute the efforts described in
paragraph (4);
(6) outline the organizational roles and missions of the
elements of the diplomatic and development community as part of
an integrated enterprise, and how those elements coordinate and
collaborate with other Federal departments and agencies
supporting the national security strategy of the United States;
(7) include an assessment of each bureau headed by an
Assistant Secretary of State or an Assistant Administrator of
USAID regarding its current and anticipated contribution to the
overall strategic plan, including analysis of personnel,
responsibilities, performance, and chain of management;
(8) identify sources of strategic, institutional,
programmatic, fiscal, and technological risk;
(9) analyze factors that may affect the diplomatic and
development community's performance in pursuing the approaches
described in paragraph (4) during the following 10-year period;
and
(10) identify extraordinary resources and statutory
authorities that may be necessary or appropriate to implement
this strategy.
(c) Form.--The plan required under subsection (b) shall be
transmitted in both classified and unclassified form, but may include a
classified annex.
(d) Submission to Congress.--Not later than 30 days after
submission of the strategic plan required under section 306 of title 5,
United States Code, the Secretary shall submit to the appropriate
congressional committees and to the Committees on Armed Services of the
Senate and the House of Representatives any classified annex referred
to in subsection (c).
SEC. 105. OFFICE OF GLOBAL WOMEN'S ISSUES.
(a) In General.--The Secretary should establish an Office of Global
Women's Issues (referred to in this section as the ``Office''), which
may be placed within the organizational structure of the Department at
the discretion of the Secretary.
(b) Purpose.--The Office should coordinate efforts of the United
States Government, as directed by the Secretary, regarding gender
equality and advancing the status of women and girls in United States
foreign policy.
(c) Duties.--The Office should--
(1) serve as the principal advisor to the Secretary
regarding gender equality, women's and girls' empowerment, and
violence against women and girls as a priority of United States
foreign policy;
(2) represent the United States in diplomatic and
multilateral fora on matters relevant to the status of women
and girls;
(3) advise the Secretary and provide input on all
activities, policies, programs, and funding relating to gender
equality and the advancement of women and girls internationally
for all bureaus and offices of the Department and in the
international programs of all other Federal agencies;
(4) work to ensure that efforts to advance gender equality
and women's and girls' empowerment are fully integrated into
the programs, structures, processes, and capacities of all
bureaus and offices of the Department and in the international
programs of other Federal agencies; and
(5) conduct regular consultation with civil society
organizations working to advance gender equality and empower
women and girls internationally.
(d) Supervision.--The Office should be headed by an Ambassador-at-
large for Global Women's Issues who exercises significant authority,
reports to the President or Secretary, and is appointed by the
President by and with the advice and consent of the Senate.
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall provide to the appropriate
congressional committees a report or briefing on the steps taken to
fulfill the duties of the Office specified in subsection (c).
SEC. 106. OFFICE OF INTERNATIONAL RELIGIOUS FREEDOM.
(a) In General.--Section 101(c)(4) of the International Religious
Freedom Act of 1998 (22 U.S.C. 6411(c)(4)) is amended--
(1) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(C) shall supervise any special envoy, special
representative, or office with responsibility for
protecting international religious freedom, protecting
religious minorities, or advising the Secretary on
matters relating to religion.''.
(b) In General.--Section 59(a)(2) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2731(a)(2)) is amended by adding at
the end the following new subparagraph:
``(C) Oversight.--To promote a cohesive and
integrated foreign policy regarding international
religious freedom, the Special Envoy shall be placed
under the supervision of the Ambassador at Large for
International Religious Freedom.''.
SEC. 107. 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 shall report directly to
the Assistant Secretary.''; and
(2) by adding at the end the following new subparagraphs:
``(C) Authorities.--In addition to the duties,
functions, and responsibilities specified in section
1(c)(2), the Bureau is authorized to--
``(i) promote democracy and actively
support human rights throughout the world in
accordance with this subtitle;
``(ii) promote the rule of law and good
governance throughout the world;
``(iii) to strengthen civil society
programs and organizations;
``(iv) produce the annual Country Reports
on Human Rights Practices, in conjunction with
embassies and regional bureaus;
``(v) implement--
``(I) the limitation on assistance
to security forces imposed pursuant to
section 620M of the Foreign Assistance
Act of 1961 (22 U.S.C. 2378d; commonly
known as the `Leahy Law'); and
``(II) the Child Soldiers
Prevention Act of 2008 (22 U.S.C. 2370c
et seq.; enacted as title IV of the
William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008
(Public Law 110-457));
``(vi) review and, as appropriate, make
recommendations to the Secretary of State
regarding the proposed transfer of--
``(I) defense articles and 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; and
``(vii) coordinate programs and activities
that protect and advance the exercise of human
rights and internet freedom in cyberspace.
``(D) Efficiency.--The Assistant Secretary shall
take whatever actions may be necessary to minimize the
duplication of efforts within the Bureau.
``(E) Local oversight.--United States missions, to
the extent practicable, should assist in exercising
oversight authority and coordinate with the Bureau to
ensure that funds are appropriately used and comply
with anti-corruption practices.''.
SEC. 108. 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 paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Assistant secretary for international narcotics and
law enforcement affairs.--
``(A) In general.--There shall be in the Department
of State an Assistant Secretary for International
Narcotics and Law Enforcement Affairs who shall be
responsible to the Secretary 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, 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 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) Combatting 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
security forces, including police, for anti-
crime programs, and vetting all foreign
personnel who receive such assistance.
``(iv) Ensuring the inclusion of human
rights issues in law enforcement programs, in
consultation with the Assistant Secretary for
Democracy, Human Rights, and Labor and the
heads of appropriate regional bureaus.
``(v) Combating, in conjunction with other
relevant bureaus of the Department, all forms
of transnational organized crime, including
illicit trafficking, human trafficking, arms
trafficking, wildlife trafficking, trafficking
in cultural property, migrant smuggling, money
laundering, the illicit smuggling of bulk cash,
and other forms of emerging crime.
``(vi) Identifying and responding to global
corruption, including strengthening the
capacity of foreign government institutions
responsible for addressing financial crimes.
``(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 components of the United
States Government are utilized by the Bureau of
International Narcotics and Law Enforcement
Affairs;
``(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; and
``(iv) in coordination with the Secretary
of State, annually certify in writing to the
Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign
Relations of the Senate that United States law
enforcement personnel posted abroad whose
activities are funded to any extent by the
Bureau of International Narcotics and Law
Enforcement Affairs are complying with section
207 of the Foreign Service Act of 1980 (22
U.S.C. 3927).''.
(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 adding at the end the following
new paragraph:
``(9) A separate section that contains an identification of
all United States Government vetted 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. 109. OFFICE OF INTERNATIONAL DISABILITY RIGHTS.
(a) Establishment.--There should be established in the Department
an Office of International Disability Rights (referred to in this
section as the ``Office'').
(b) Duties.--The Office should--
(1) seek to ensure that all United States foreign
operations are accessible to, and inclusive of, persons with
disabilities;
(2) promote the human rights and full participation in
international development activities of all persons with
disabilities; and
(3) promote disability inclusive practices and the training
of Department staff on soliciting quality programs that are
fully inclusive of people with disabilities.
(c) Supervision.--The Office may be headed by--
(1) a senior advisor to the appropriate Assistant
Secretary; or
(2) an officer exercising significant authority who reports
to the President or Secretary, appointed by and with the advice
and consent of the Senate.
(d) Conforming Amendment.--Section 579(b) of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
2005 (division D of Public Law 108-447) is amended by striking
subsection (b).
SEC. 110. BUREAU OF CONSULAR AFFAIRS; BUREAU OF POPULATION, REFUGEES,
AND MIGRATION.
Section 1 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a) is amended--
(1) by redesignating subsection (g) as subsection (i); and
(2) by inserting after subsection (f) the flowing 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. 111. 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. 112. EXTENSION OF AUTHORITY TO ASSESS PASSPORT SURCHARGE.
Section 1(b) of the Act of June 4, 1920 (41 Stat. 750; chapter 223;
22 U.S.C. 214(b)), is amended--
(1) in paragraph (2), by striking ``2010'' and inserting
``2019''; and
(2) in paragraph (3), by--
(A) striking ``2006 and 2007'' and inserting ``2018
and 2019''; and
(B) striking ``2005'' and inserting ``2017''.
SEC. 113. OVERSEAS COMPARABILITY PAY LIMITATION.
(a) In General.--Subject to such regulations as may be prescribed
by the Secretary, including with respect to treatment as basic pay, and
notwithstanding any other provision of law, an eligible member of the
Foreign Service (as defined in subsection (b)) may be provided a
locality-based comparability payment (stated as a percentage) not to
exceed two-thirds of the amount of the locality-based comparability
payment (stated as a percentage) that would be payable to such member
under section 5304 of title 5, United States Code, if such member's
official duty station were in the District of Columbia.
(b) Limitation.--A member of the Foreign Service shall be eligible
for a payment under this section only if the member is designated class
1 or below for purposes of section 403 of the Foreign Service Act of
1980 (22 U.S.C. 3963) and the member's official duty station is not in
the continental United States or in a non-foreign area, as defined in
section 591.205 of title 5, Code of Federal Regulations.
(c) Further Limitation.--The amount of any locality-based
comparability payment that is paid to a member of the Foreign Service
under this section shall be subject to any limitations on pay
applicable to locality-based comparability payments under section 5304
of title 5, United States Code.
SEC. 114. RECALL AND REEMPLOYMENT OF CAREER MEMBERS.
Subsection (a) of section 308 of the Foreign Service Act of 1980
(22 U.S.C. 3948) is amended to read as follows:
``(a) Whenever the Secretary determines that the needs of the
Department so require, the Secretary may recall any retired or
voluntarily separated career member of the Service, or any retired or
voluntarily separated career employee of the civil service (within the
meaning of section 315.201 of title 5, Code of Federal Regulations (or
successor section)), for active duty in the same personnel category as
such member or employee was serving at the time of retirement or
voluntary separation. A recalled retired or voluntarily separated
career member of the Service or retired or voluntarily separated career
employee of the civil service may not be recalled to a salary class
higher than the one in which such member or employee was serving at the
time of retirement or voluntary separation, unless appointed to such
higher class by the President, by and with the advice and consent of
the Senate.''.
SEC. 115. DIRECTOR GENERAL OF THE FOREIGN SERVICE AND DIRECTOR OF THE
FOREIGN SERVICE INSTITUTE.
(a) Sense of Congress.--It is the sense of Congress that
responsibility for the assignment and training of Department employees
should be unified under the general direction of the Director General
of the Foreign Service or such other single official as the Secretary
may designate.
(b) Lines of Authority.--The Foreign Service Act of 1980 is
amended--
(1) in section 208 (22 U.S.C. 3928), in the second
sentence, by inserting ``, including directing the formulation
and implementation of personnel and training policies and
programs,'' after ``in the management of the Service''; and
(2) in section 701(a) (22 U.S.C. 4021(a))--
(A) in the second sentence, by striking ``be
appointed by the Secretary of State'' and inserting
``report to and be under the general supervision of the
Director General of the Foreign Service''; and
(B) by inserting a period after ```George P. Shultz
National Foreign Affairs Training Center'''.
SEC. 116. 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 American citizens
abroad;
(2) the Secretary should explore establishing a ``training
float'' requiring that a certain percentage of the Foreign
Service shall be in long-term training at any given time;
(3) the Department's Foreign Service Institute should seek
to substantially increase its educational and training
offerings to Department personnel, including developing new and
innovative educational and training courses, methods, programs
and opportunities; and
(4) consistent with existing Department gift acceptance
authority and other applicable laws, the Department and Foreign
Service Institute should seek and accept funds and other
resources from foundations, not-for-profit corporations, and
other appropriate sources to help the Department and the
Institute to accomplish the goals specified in paragraph (3).
SEC. 117. BASIC TRAINING AND EVALUATION OF CAREER CANDIDATES TO THE
FOREIGN SERVICE.
The Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) is
amended--
(1) in section 306 (22 U.S.C. 3946), by striking
subsections (a), (b), and (c) and inserting the following new
subsections:
``(a) Career Appointments.--
``(1) Before receiving a career appointment and beginning
an assignment as described in section 502, an individual under
a limited appointment shall satisfactorily complete a rigorous
Basic Training Course described in section 703.
``(2) After the successful completion of the Basic Training
Course described in section 703 and before receiving a career
appointment in the Service, an individual under a limited
appointment shall serve as a career candidate for a trial
period of service prescribed by the Secretary.
``(b) Determination by Secretary.--
``(1) During or at the conclusion of the Basic Training
Course referred to in subsection (a)(1), the Secretary shall,
with respect to a candidate described in such subsection,
decide whether to terminate the appointment of the candidate
without delay, as authorized in accordance with section 612.
``(2) During the trial period of service referred to in
subsection (a)(2), the Secretary shall, with respect to a
candidate described in such subsection, decide whether to--
``(A) offer a career appointment under section 303
to such candidate; or
``(B) recommend to the President that such
candidate be given a career appointment under section
302.
``(c) Basis.--Determinations by the Secretary under subsection (b)
shall be based upon the recommendations of boards, established by the
Secretary and composed entirely or primarily of career members of the
Service, which shall evaluate the fitness and aptitude of career
candidates for the work of the Service.
``(d) Foreign Service Grievance Board Decisions.--Nothing in this
section may be construed to limit the authority of the Secretary or the
Foreign Service Grievance Board under section 1107.''; and
(2) in section 703 (22 U.S.C. 4023)--
(A) in subsection (a)--
(i) in the first sentence--
(I) by inserting ``training and''
after ``establish a professional'';
(II) by inserting ``and exhibit''
after ``that members of the Service
obtain''; and
(III) by striking ``the skills and
knowledge'' and inserting ``the skills,
knowledge, judgment, and integrity'';
and
(ii) in the second sentence, by inserting
``before and'' after ``both'';
(B) by redesignating subsections (b) through (e) as
subsections (c) through (f), respectively; and
(C) by inserting after subsection (a) the following
new subsection:
``(b)(1) The Secretary shall ensure that all newly-hired career
candidates successfully complete a rigorous Basic Training Course
before beginning their first domestic or overseas assignment and
receiving a career appointment in the Service. Such Basic Training
Course shall evaluate candidates on the skills, knowledge, judgment,
and integrity necessary to serve effectively as a Foreign Service
officer in accordance with the Foreign Service precepts prescribed by
the Secretary under section 602.''.
SEC. 118. COUNTERINTELLIGENCE AND COUNTERTERRORISM TRAINING FOR FOREIGN
SERVICE OFFICERS.
Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 4028) is
amended by adding at the end the following new subsection:
``(d) Counterintelligence and Counterterrorism Training.--
``(1) In general.--The Secretary of State, with the
assistance of other relevant officials, shall establish as part
of the standard training provided after the date of the
enactment of this subsection, for officers of the Service,
including chiefs of mission, instruction in the field of
counterintelligence and counterterrorism tradecraft. Such
training shall include the following components:
``(A) Instruction and practical exercises on the
nature of cyber threats and tradecraft to minimize the
risk of compromise of both classified and unclassified
information.
``(B) Instruction and practical exercises on human
intelligence collection methods and tradecraft to
effectively recognize and counter such methods and
tradecraft.
``(C) Instruction and practical exercises on
physical security and terrorist threats and tradecraft
to minimize the risk of such threats and tradecraft.
``(2) Incorporation.--Training under this subsection shall
be--
``(A) included in the Basic Officer Training Course
attended by all newly hired Foreign Service officers
under section 703;
``(B) required every seven years for all Foreign
Service officers who possess a security clearance; and
``(C) included in the courses required of all
incoming deputy chiefs of mission and chiefs of
mission.''.
SEC. 119. FOREIGN LANGUAGE TRAINING REFORM.
Subsection (a) of section 191 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 3926 note) is
amended--
(1) by striking paragraph (2); and
(2) redesignating paragraphs (3) through (6) as paragraphs
(2) through (5), respectively.
SEC. 120. AUTHORIZATION FOR RECEIPT OF PRIVATE FUNDING FOR DIPLOMATIC
STUDIES AND TRAINING.
Section 701 of the Foreign Service Act of 1980 (22 U.S.C. 4021) is
amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection:
``(g)(1) The institution is authorized to receive private funds
from private individuals and organizations to supplement the
institution's funding and expand and enhance training, including for
the following:
``(A) Design and implementation of a degree granting
program at the institution.
``(B) Curriculum development.
``(C) Training and classes for Members of Congress and
congressional staff.
``(D) Hiring retired Department of State personnel to
teach, notwithstanding other hiring limitations.
``(E) Other purposes as determined appropriate and
necessary by the Secretary of State.
``(2) Private funding received by the institution pursuant to this
subsection shall be provided at the discretion of the grantor
individual or organization, as the case may be, in consultation with
the Director of the institution and the Under Secretary of State for
Management.
``(3) Not less than once annually, and at the request of the
Committee on Foreign Affairs or the Committee on Appropriations of the
House of Representatives or the Committee on Foreign Relations or the
Committee on Appropriations of the Senate, the Department shall provide
the names of grantors and nature and amounts of any contributions
made.''.
SEC. 121. 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 shall 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. 122. CYBER DIPLOMACY.
(a) United States International Cyberspace Policy.--Congress
declares that it is the policy of the United States to work
internationally with allies and other partners to promote an open,
interoperable, reliable, unfettered, and secure internet governed by
the multi-stakeholder model which promotes human rights, democracy, and
rule of law, including freedom of expression, innovation,
communication, and economic prosperity, while respecting privacy and
guarding against deception, fraud, and theft.
(b) Office of Cyberspace and the Digital Economy.--Section 1 of the
State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a), as
amended by section 110 of this Act, is further amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new
subsection:
``(i) Office of Cyberspace and the Digital Economy.--
``(1) In general.--There is established an Office of
Cyberspace and the Digital Economy (in this subsection referred
to as the `Office'). The head of the Office shall have the rank
and status of ambassador and be appointed by the President, by
and with the advice and consent of the Senate.
``(2) Duties.--
``(A) In general.--The head of the Office shall
perform such duties and exercise such powers as the
Secretary of State shall prescribe, including
implementing the policy of the United States described
in section 122 of the Department of State Authorization
Act, Fiscal Year 2018.
``(B) Duties described.--The principal duties and
responsibilities of the head of the Office shall be
to--
``(i) serve as the principal cyber-policy
official within the senior management of the
Department of State and advisor to the
Secretary of State for cyber issues;
``(ii) lead the Department's diplomatic
cyberspace efforts generally, including
relating to international cybersecurity,
internet access, internet freedom, digital
economy, cybercrime, deterrence, international
responses to cyber threats, and other such
issues as the Secretary shall assign;
``(iii) promote an open, interoperable,
reliable, unfettered, and secure information
and communications technology infrastructure
globally;
``(iv) represent the Secretary in
interagency efforts to develop and advance
United States international cyberspace policy;
``(v) coordinate cyberspace efforts and
other relevant functions within the Department,
and with other components of the United States
Government;
``(vi) act as liaison to public and private
sector entities on relevant cyberspace issues;
``(vii) lead United States Government
efforts to establish a global deterrence
framework;
``(viii) develop and execute key adversary
specific strategies to influence adversary
decision-making through the imposition of costs
and deterrence strategies;
``(ix) advise the Secretary and coordinate
with foreign governments on external responses
to national-security-level cyber incidents;
``(x) promote the adoption of national
processes and programs that enable threat
detection, prevention, and response to
malicious foreign territorial cyber activity;
``(xi) advise on efforts to build foreign
capacity to protect the global network with the
goal of enabling like-minded participation in
deterrence frameworks;
``(xii) promote the maintenance of an open
and interoperable character of the internet
with multi-stakeholder governance, instead of
centralized government control;
``(xiii) promote an international
regulatory environment for technology
investments and the internet that benefits
United States economic and national security
interests;
``(xiv) promote cross-border flow of data
and combat international initiatives which seek
to impose restrictive localization or privacy
requirements on United States businesses;
``(xv) protect the integrity of United
States and international telecommunications
infrastructure from foreign-based threats;
``(xvi) serve as the interagency
coordinator for the United States Government on
engagement with foreign governments on
cyberspace and digital economy issues under
this subsection;
``(xvii) secure radio frequency spectrum
for United States businesses and national
security needs;
``(xviii) promote and protect the exercise
of human rights, including freedom of speech
and religion, through the internet; and
``(xix) build capacity of United States
diplomatic officials to engage on cyber issues.
``(3) Qualifications.--The head of the Office should be an
individual of demonstrated competency in the field of--
``(A) cybersecurity and other relevant cyber
issues; and
``(B) international diplomacy.
``(4) Organizational placement.--The head of the Office
shall report to the Under Secretary for Political Affairs or
other official holding a higher position than the Under
Secretary for Political Affairs in the Department of State for
a period of not less than four years after the date of
enactment of this subsection, after which time the head of the
Office shall report to an appropriate Under Secretary or other
official holding a higher position than Under Secretary.
``(5) Rule of construction.--Nothing in this subsection may
be construed as precluding--
``(A) the Office from being elevated to a Bureau of
the Department of State; and
``(B) the head of the Office from being elevated to
an Assistant Secretary, if such an Assistant Secretary
position does not increase the number of Assistant
Secretary positions at the Department above the number
authorized under subsection (c)(1).''.
(c) Sense of Congress.--It is the sense of Congress that the Office
of Cyberspace and the Digital Economy established under section 1(g) of
the State Department Basic Authorities Act of 1956 (as amended by
subsection (b) of this section) should be a Bureau of the Department of
State headed by an Assistant Secretary, subject to the rule of
construction specified in paragraph (5)(B) of such section 1(g).
SEC. 123. ENERGY DIPLOMACY AND SECURITY WITHIN THE DEPARTMENT OF STATE.
(a) In General.--Subsection (c) of section 1 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a), as amended
by section 108 of this Act, is further amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) Energy resources.--
``(A) Authorization for assistant secretary.--
Subject to the numerical limitation specified in
paragraph (1), there is authorized to be established in
the Department of State an Assistant Secretary of State
for Energy Resources.
``(B) Personnel.--The Secretary of State shall
ensure that there are sufficient personnel dedicated to
energy matters within the Department of State who shall
be responsible for--
``(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 in the
fields of petroleum, natural gas, biofuels,
renewable energy, nuclear, and other energy
resources;
``(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 of State;
``(iii) incorporating energy security
priorities into the activities of the
Department of State;
``(iv) coordinating energy activities of
the Department of State with relevant Federal
agencies;
``(v) working internationally to--
``(I) support the development of
energy resources and the distribution
of such resources for the benefit of
the United States and United States
allies and trading partners for their
energy security and economic
development needs;
``(II) promote availability of
diversified energy supplies and a well-
functioning global market for energy
resources, technologies, and expertise
for the benefit of the United States
and United States allies and trading
partners;
``(III) resolve international
disputes regarding the exploration,
development, production, or
distribution of energy resources;
``(IV) support the economic and
commercial interests of United States
persons operating in the energy markets
of foreign countries; and
``(V) support and coordinate
international efforts to alleviate
energy poverty;
``(vi) leading the United States commitment
to the Extractive Industries Transparency
Initiative;
``(vii) coordinating within the Department
of State and with relevant Federal departments
and agencies on developing and implementing
international energy-related sanctions; and
``(viii) coordinating energy security and
other relevant functions within the Department
of State currently undertaken by--
``(I) the Bureau of Economic and
Business Affairs of the Department of
State;
``(II) the Bureau of Oceans and
International Environmental and
Scientific Affairs of the Department of
State; and
``(III) other offices within the
Department of State.''.
(b) Conforming Amendment.--Section 931 of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17371) is amended--
(1) by striking subsections (a) and (b); and
(2) by redesignating subsections (c) and (d) as subsections
(a) and (b), respectively.
TITLE II--EMBASSY CONSTRUCTION
SEC. 201. 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 Standard Embassy
Design, in which each new embassy and consulate starts with a standard
design and keeps customization to a minimum.
(b) Consultation.--The Secretary shall carry out any new embassy
compound or new consulate compound project that is in the design phase
or pre-design phase as of the date of the enactment of this Act and
that utilizes a non-standard design in consultation with the
appropriate congressional committees. The Department 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 the
project if it were to use a standard embassy design.
(2) A comparison of the estimated completion date of the
project to the estimated completion date of the project if it
were to use a standard embassy design.
(3) A comparison of the security of the completed project
to the security of the completed project if it were to use a
standard embassy design.
(4) A justification for the Secretary's selection of a non-
standard design over a standard design for the 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) Non-Standard Design Defined.--In this section the term ``non-
standard design'' means a new embassy compound or new consulate
compound design that does not utilize a standardized design template
for the structural, spatial, and security requirements of the compound,
or a new embassy compound or new consulate compound project that does
not utilize a design-build delivery method.
SEC. 202. CAPITAL CONSTRUCTION TRANSPARENCY.
(a) In General.--Section 118 of the Department of State Authorities
Act, Fiscal Year 2017 (22 U.S.C. 304) is amended--
(1) in the section heading, by striking ``annual report on
embassy construction costs'' and inserting ``quarterly 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 90 days thereafter, 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 of State to date.
``(4) The value of each certified claim received by the
Department of State to date.
``(5) The value of any usage of the project's contingency
fund to date and the value of the remainder of the project's
contingency fund.
``(6) An enumerated list of each request for adjustment and
certified claim that remains outstanding or unresolved.
``(7) An enumerated list of each request for equitable
adjustment and certified claim that has been fully adjudicated
or that the Department has settled, and the final dollar amount
of each adjudication or settlement.
``(8) The date of estimated completion specified in the
proposed allocation of capital construction and maintenance
funds required by the Committees on Appropriations not later
than 45 days after the date of the enactment of an Act making
appropriations for the Department of State, foreign operations,
and related programs.
``(9) The current date of estimated completion.''.
(b) Initial Report.--The first report required under subsection (a)
of section 118 of the Department of State Authorities Act, Fiscal Year
2017 (as amended by this section) shall include an annex regarding all
overseas capital construction projects and major embassy security
upgrade projects completed during the 10-year period ending on December
31, 2018, including, for each such project, the elements specified in
subsection (b) of such section 118.
SEC. 203. CONTRACTOR PERFORMANCE INFORMATION.
(a) Deadline for Completion.--The Secretary shall complete all
contractor performance evaluations required by subpart 42.15 of the
Federal Acquisition Regulation by October 1, 2020.
(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.
(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 shall brief the appropriate
congressional committees on the Department's plan for completing all
evaluations by October 1, 2020, and the prioritization system developed
pursuant to this section.
(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 rate the Department's project management performance.
SEC. 204. GROWTH PROJECTIONS FOR NEW EMBASSIES AND CONSULATES.
(a) In General.--For each new 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 Office of Management
Policy, Rightsizing, and Innovation of the Department shall project
growth over the estimated life of the facility using all available and
relevant data, including--
(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; and
(4) any other data that would be helpful in projecting the
future growth of NEC or NCC.
(b) Other Agencies.--Other agencies represented at the post shall
provide to the Department, upon request, growth projections for their
own personnel over the estimated life of the facility.
(c) Basis for Estimates.--The Department shall base its growth
assumption for all NECs and NCCs on the estimates required under
subsections (a) and (b).
(d) Congressional Notification.--Any congressional notification of
site selection for a NEC or NCC submitted after the date of the
enactment of this Act shall include the growth assumption used pursuant
to subsection (c).
SEC. 205. LONG-RANGE PLANNING PROCESS.
(a) Plans Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act and annually thereafter for five
years, the Secretary shall develop--
(A) a comprehensive 6-year Long-Range Overseas
Buildings Plan (LROBP) documenting the Department's
overseas building program for the replacement of
overseas diplomatic facilities 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 facilities, known as a Long-
Range Overseas Maintenance Plan (LROMP), which takes
into account security factors under the Secure Embassy
Construction and Counterterrorism Act of 1999 and other
relevant statutes and regulations, as well as
occupational safety and health factors pursuant to the
Occupational Safety and Health Act of 1970 and other
relevant statutes and regulations, including
environmental factors such as indoor air quality that
impact employee health and safety.
(2) Initial report.--The first plan developed pursuant to
paragraph (1)(A) shall also include a one-time status report on
existing small diplomatic posts and a strategy for establishing
a physical diplomatic presence in countries in which there is
no current physical diplomatic presence. Such report, which may
include a classified annex, shall include the following:
(A) A description of the extent to which each small
diplomatic post furthers the national interest of the
United States.
(B) A description of how each small diplomatic post
provides American Citizen Services, including data on
specific services provided and the number of Americans
receiving services over the previous year.
(C) A description of whether each small diplomatic
post meets current security requirements.
(D) A description of the full financial cost of
maintaining each small diplomatic post.
(E) Input from the relevant chiefs of mission on
any unique operational or policy value the small
diplomatic post provides.
(3) Updated information.--The annual updates of 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 the LROBP and the LROMP, 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), the plans
outlined in the LROBP and LROMP shall be referenced to justify
funding requested for building and maintenance projects
overseas.
(3) Form of report.--The 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 consulate that has employed five or
fewer United States Government employees on average over the 36 months
prior to the date of the enactment of this Act.
SEC. 206. VALUE ENGINEERING AND RISK ASSESSMENT.
(a) Findings.--Congress makes the following findings:
(1) Federal departments and agencies are required to use
value engineering (VE) as a management tool, where appropriate,
to reduce program and acquisition costs pursuant to OMB
Circular A-131, Value Engineering, dated December 31, 2013.
(2) OBO has a Policy Directive and Standard Operation
Procedure, dated May 24, 2017, on conducting risk management
studies on all international construction projects.
(b) Notification Requirements.--
(1) Submission to authorizing committees.--The proposed
allocation of capital construction and maintenance funds that
is required by the Committees on Appropriations not later than
45 days after the date of the enactment of an Act making
appropriations for the Department of State, foreign operations,
and related programs shall also be submitted to the Committee
on Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives.
(2) Requirement to confirm completion of value engineering
and risk assessment studies.--The notifications required under
paragraph (1) shall include confirmation that the Department
has completed the requisite VE and risk management studies
described in subsection (a).
(c) Reporting and Briefing Requirements.--The Secretary shall
provide to the appropriate congressional committees upon request--
(1) a description of each recommendation from each study
described in subsection (a) and a table detailing which
recommendations were accepted and which were rejected; and
(2) a report or briefing detailing the rationale for not
implementing recommendations made by VE studies that may yield
significant cost savings to the Department, if implemented.
SEC. 207. 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. 208. EMBASSY SECURITY REQUESTS AND DEFICIENCIES.
The Secretary shall provide to the appropriate congressional
committees upon request information on security deficiencies at United
States diplomatic posts, including--
(1) requests made over the previous year by United States
diplomatic posts abroad for security upgrades; and
(2) significant security deficiencies at United States
diplomatic posts abroad that are not operating out of a new
embassy compound or new consulate compound.
SEC. 209. OVERSEAS SECURITY BRIEFINGS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary shall revise the Foreign Affairs Manual to stipulate that
the Bureau of Diplomatic Security of the Department shall provide a
security briefing or written materials with up-to-date information on
the current threat environment in writing or orally to all United
States Government employees traveling to a foreign country on official
business. To the extent practicable, such briefing or written materials
shall be provided to traveling Department employees via teleconference
prior to their arrival at a post.
TITLE III--PERSONNEL ISSUES
SEC. 301. SPECIAL APPOINTMENTS.
(a) Report on Positions.--Not later than 30 days after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report including--
(1) recommendations regarding whether to maintain in the
Department each currently existing Special Envoy, Special
Representative, Special Coordinator, Special Negotiator, Envoy,
Representative, Coordinator, or Special Advisor, including
those listed in the report submitted by the Secretary to the
Committee on Foreign Relations of the Senate on April 14, 2017,
pursuant to section 418 of the Department of State Authorities
Act, Fiscal Year 2017 (Public Law 114-323), that is not
expressly authorized by a provision of law enacted by Congress;
and
(2) the justification supporting each of the Secretary's
recommendations made under paragraph (1).
(b) Advice and Consent.--Not later than 90 days after the report
required by subsection (a) is submitted to the appropriate
congressional committees, the President shall present each Special
Envoy, Special Representative, Special Coordinator, Special Negotiator,
Envoy, Representative, Coordinator, Special Advisor, or other similar
position at the Department exercising significant authority pursuant to
the laws of the United States and that is not expressly authorized by a
provision of law enacted by Congress to the Committee on Foreign
Relations of the Senate for the advice and consent of the Senate.
(c) Rule of Construction Regarding Establishment of Positions.--
Nothing in this section may be construed as prohibiting the
establishment or maintenance of any Special Envoy, Special
Representative, Special Coordinator, Special Negotiator, Envoy,
Representative, Coordinator, Special Advisor, or other similar position
at the Department exercising significant authority pursuant to the laws
of the United States if any such appointee is presented to the
Committee on Foreign Relations of the Senate for the advice and consent
of the Senate not later than 90 days after the appointment of such
appointee.
(d) Limited Exception for the Temporary Appointment.--The Secretary
may maintain or establish a position with the title Special Envoy,
Special Representative, Special Coordinator, Special Negotiator,
Special Advisor, or other similar position for a limited period of not
longer than 180 days if the Secretary notifies the appropriate
congressional committees at least 15 days prior to appointment,
including--
(1) a certification that the position is not expected to
demand the exercise of significant authority pursuant to the
laws of the United States;
(2) a description of the duties and purpose of the
appointment; and
(3) the rationale for assigning the specific title.
(e) Renewal of Temporary Appointment.--Nothing in this section may
be construed as prohibiting the Secretary from renewing any position
established under subsection (d) so long as the Secretary complies with
the notification requirements contained therein.
(f) Funding Restrictions.--
(1) Positions not presented for advice and consent.--No
funds are authorized to be appropriated for--
(A) any Special Envoy, Special Representative,
Special Coordinator, Special Negotiator, Envoy,
Representative, Coordinator, Special Advisor, or other
similar position at the Department exercising
significant authority pursuant to the laws of the
United States who has not been presented to the
Committee on Foreign Relations for the advice and
consent of the Senate pursuant to subsection (b); or
(B) any staff or resources related to such a
position until such time as the appointed individual
has been presented to the Committee on Foreign
Relations for the advice and consent of the Senate.
(2) Temporary positions.--No funds are authorized to be
appropriated for any position described in subsection (d) or
for any staff or resources related to such position unless the
Secretary has complied with the notification provisions
contained therein.
(3) Fiscal year 2018.--The restrictions described in this
subsection shall not apply in fiscal year 2018 to positions or
associated staff and resources for which funding is expressly
provided in an Act making appropriations for the Department of
State, foreign operations, and related programs for such fiscal
year.
(g) Confirmation for Authorized Positions.--
(1) In general.--No Special Envoy, Special Representative,
Special Coordinator, Special Negotiator, Envoy, Representative,
Coordinator, Special Advisor, or other similar position at the
Department exercising significant authority pursuant to the
laws of the United States that is authorized by a provision of
law enacted by Congress (except the position authorized by
section 621 of the Tibetan Policy Act of 2002 (subtitle B of
title VI of Public Law 107-228; 22 U.S.C. 6901 note)) may be
appointed absent the advice and consent of the Senate.
(2) Fiscal year 2018.--The restriction described in this
subsection shall not apply in fiscal year 2018 to positions or
associated staff and resources for which funding is expressly
provided in an Act making appropriations for the Department of
State, foreign operations, and related programs for such fiscal
year.
(h) Elimination of Positions.--
(1) Special representative and policy coordinator for
burma.--
(A) Findings.--Congress finds the following:
(i) Congress established the Special
Representative and Policy Coordinator for Burma
in July 2008 at a time when the United States
did not maintain full diplomatic relations with
Burma and had not appointed an Ambassador to
Burma in 18 years.
(ii) In 2012, the United States re-
established full diplomatic relations with
Burma and appointed a United States Ambassador
to Burma who, along with the Secretary of
State, Assistant Secretary of State for East
Asia and the Pacific, and other United States
Government officials, represents the United
States interests in Burma.
(B) Repeal.--Section 7 of the Tom Lantos Block
Burmese Jade 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.
(2) Coordinator for afghanistan assistance.--Section 104 of
the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7514;
Public Law 107-327) is amended--
(A) by repealing subsections (a) and (b);
(B) by redesignating subsections (c) and (d) as
subsections (a) and (b), respectively;
(C) in subsection (a), as so redesignated, in
paragraph (1), by striking ``coordinator designated
under subsection (a) of this section'' and inserting
``Secretary of State''; and
(D) in subsection (b), as so redesignated--
(i) in paragraph (1), by striking
``coordinator designated under subsection (a)
of this section'' and inserting ``Secretary of
State''; and
(ii) in paragraph (2), by striking
``coordinator designated under subsection (a)
of this section, under the direction of the
Secretary of State,'' and inserting ``Secretary
of State''.
SEC. 302. 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 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. 303. STUDY ON FOREIGN SERVICE ALLOWANCES.
(a) Report Required.--
(1) In general.--Not later than 270 days after date of the
enactment of this Act, and subject to paragraph (2), 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 living at
diplomatic posts overseas;
(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;
(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 paragraph (6), 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 assigned to diplomatic posts,
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--
(1) the name of the federally-funded research and
development center that will conduct such analysis; and
(2) the scope of such analysis and terms of reference for
such analysis as specified between the Department and such
federally-funded research and development center.
(c) Availability of Information.--
(1) In general.--The Secretary shall make available to the
federally-funded research and development center carrying out
the analysis required under subsection (a)(1) all necessary and
relevant information to allow such center to conduct such
analysis in a quantitative and analytical manner, including
historical data on the number of bids for each foreign
assignment and any survey data collected by the Department from
eligible bidders on their bid decision-making.
(2) Cooperation.--The Secretary shall work with the heads
of other relevant United States Government departments and
agencies to ensure such departments and agencies provide all
necessary and relevant information to the federally-funded
research and development center carrying out the analysis
required under subsection (a)(1).
(d) Interim Report to Congress.--The Secretary shall require that
the chief executive officer of the federally-funded research and
development center that carries out the analysis required under
subsection (a)(1) submit to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives an interim report on such analysis not later than 120
days after date of the enactment of this Act.
SEC. 304. 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 shall not be considered compensation for purposes of
section 209 of title 18, United States Code (18 U.S.C. 209).
``(3) Maximum annual amount.--The total amount of grants
made pursuant to this subsection may not exceed $500,000 in any
fiscal year.''.
SEC. 305. 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,''; 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 a round-trip''.
SEC. 306. HOME LEAVE TRAVEL FOR SEPARATED FAMILIES.
Section 903(b) of the Foreign Service Act of 1980 (22 U.S.C.
4083(b)) is amended by adding at the end the following new sentence:
``In cases in which the member's family members reside apart from the
member at authorized locations outside the United States because they
are prevented by official order from residing with the member at post,
the member may take the leave ordered under this section where that
member's family members reside, notwithstanding section 6305 of title
5, United States Code.''.
SEC. 307. SENSE OF CONGRESS REGARDING CERTAIN FELLOWSHIP PROGRAMS.
It is the sense of Congress that--
(1) Department fellowships that promote the employment of
candidates belonging to under-represented groups, including the
Charles B. Rangel International Affairs Graduate Fellowship
Program, the Thomas R. Pickering Foreign Affairs Fellowship
Program, and the Donald M. Payne International Development
Fellowship Program, represent smart investments vital for
building a strong, capable, and representative national
security workforce; and
(2) the Secretary of State and the Administrator of the
United States Agency for International Development should
fulfill their obligations to each participant in the Fellowship
Programs referred to in paragraph (1), as specified in the
original contractual agreements with each such participant.
SEC. 308. 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 by striking ``individual'' and
inserting ``Foreign Service officer, appointed under section 302(a)(1),
who has general responsibility for carrying out the functions of the
Service''.
SEC. 309. 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. 310. DIPLOMATIC AND CONSULAR PROGRAMS.
(a) Authorization of Appropriations.--For ``Diplomatic and Consular
Programs'', there is authorized to be appropriated $8,720,411,000 for
fiscal year 2019.
(b) 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 term.
(c) Limitation.--The Secretary may not use any amounts made
available pursuant to the authorization of appropriations under
subsection (a) for 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 plan, including--
(A) a justification that describes how any proposed
workforce reduction enhances the effectiveness of the
Department;
(B) a certification that such workforce reduction
is in the national interest of the United States;
(C) a comprehensive strategic staffing plan for the
Department, including five-year workforce forecasting
and a description of the anticipated impact of any
proposed workforce reduction; and
(D) a dataset displaying comprehensive workforce
data for all current and planned employees of the
Department, disaggregated by--
(i) Foreign Service officer and Foreign
Service specialist rank;
(ii) civil service job skill code, grade
level, and bureau of assignment;
(iii) contracted employees, including the
equivalent job skill code and bureau of
assignment; and
(iv) employees hired under schedule C of
subpart C of part 213 of title 5, Code of
Federal Regulations, including their equivalent
grade and job skill code and bureau of
assignment.
TITLE IV--DIVERSITY AND VETERAN RECRUITMENT
SEC. 401. DEFINITIONS.
In this title:
(1) Applicant flow data.--The term ``applicant flow data''
means data that tracks the rate of applications for job
positions among demographic categories.
(2) Demographic data.--The term ``demographic data'' means
facts or statistics relating to the demographic categories
specified in the Office of Management and Budget statistical
policy directive entitled ``Standards for Maintaining,
Collecting, and Presenting Federal Data on Race and Ethnicity''
(81 Fed. Reg. 67398).
(3) Diversity.--The term ``diversity'' means--
(A) 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.); and
(B) veterans (as defined in section 3.1(d) of title
38, Code of Federal Regulations).
(4) Foreign service.--The term ``Foreign Service'' has the
meaning given that term in section 102 of the Foreign Service
Act of 1980 (22 U.S.C. 3902).
(5) Workforce.--The term ``workforce'' means all
individuals serving in a position in the civil service (as
defined in section 2101 of title 5, United States Code).
SEC. 402. COLLECTION, ANALYSIS, AND DISSEMINATION OF WORKFORCE DATA.
(a) Initial Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall provide a report to the
public that includes disaggregated demographic data and other
information regarding the diversity of the workforce of the Department.
(b) Data.--The report under subsection (a)--
(1) shall include disaggregated demographic data--
(A) for applicants to the Foreign Service;
(B) for applicants to the civil service;
(C) by segment of the workforce of the Department
and grade or rank;
(D) by Foreign Service and civil service;
(E) for those who have separated from the
Department's workforce;
(F) for those members of the workforce who have
received a promotion in the last 24 months;
(G) that addresses Department compliance with
diversity and inclusion metrics;
(H) for those members of the workforce serving on
selection boards;
(I) on the employment of veterans within the
workforce, including--
(i) the number hired through direct hires,
internships, and fellowship programs;
(ii) the number promoted to the Senior
Executive Service or in the Senior Foreign
Service; and
(iii) attrition rates by grade, in the
civil service and foreign service, and in the
senior positions described in clause (ii); and
(J) for mentorship and retention programs;
(2) shall include any 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;
(3) shall include any disaggregated demographic data
relating to the membership of any external advisory committee
or board to which individuals in senior positions in the
Department appoint members;
(4) shall be organized in terms of real numbers and
percentages at all levels; and
(5) should be made available in a searchable database
format.
(c) Recommendation.--The Secretary may submit a recommendation to
the 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 describe
the efforts of the Department--
(1) to propagate fairness, impartiality, and inclusion in
the work environment domestically and abroad;
(2) to ensure that harassment, intolerance, and
discrimination are not tolerated;
(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;
(5) to provide reasonable accommodation for qualified
employees and applicants with disabilities;
(6) to recruit a diverse workforce by--
(A) recruiting women, minorities, veterans, and
undergraduate and graduate students;
(B) recruiting at historically Black colleges and
universities, Hispanic serving institutions, women's
colleges, and colleges that typically serve majority
minority populations;
(C) sponsoring and recruiting at job fairs in urban
and rural communities;
(D) placing job advertisements in newspapers,
magazines, and job sites oriented toward women and
people of color;
(E) providing opportunities through the Foreign
Service Internship Program and other hiring
initiatives;
(F) recruiting mid-level and senior-level
professionals through programs designed to increase
minority and veteran representation in international
affairs; and
(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 of such examinations; and
(7) provide opportunities through--
(A) the Charles B. Rangel International Affairs
Fellowship Program;
(B) the Thomas R. Pickering Foreign Affairs
Fellowship Program; and
(C) the Donald M. Payne International Development
Fellowship Program.
(e) Annual Updates.--Not later than one year after the publication
of the report under subsection (a) and annually thereafter for the next
five years, the Secretary shall provide a report to the public and
which shall be made available online, 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;
(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; and
(4) data related to the employment of minority and service-
disabled veterans.
SEC. 403. EXIT INTERVIEWS OR SURVEYS.
(a) Retained Members.--The Director General of the Foreign Service
should conduct periodic interviews or surveys with a representative and
diverse cross-section of the workforce of the Department--
(1) to understand the reasons of the members 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 the members to remain in the Department.
(b) Departing Members.--The Director General of the Foreign Service
shall provide an opportunity for an exit interview or survey to each
member of the workforce of the Department who separates from service
with the Department to better understand the member's reasons for
leaving such service.
(c) Use of Analysis From Interviews and Surveys.--The Director
General of the Foreign Service shall analyze demographic data and other
information obtained through interviews and surveys under subsections
(a) and (b) to determine--
(1) if and how the diversity of those participating in such
interviews and surveys impacts the results; and
(2) whether to implement any policy changes or make any
recommendations as part of the reports required under
subsection (a) and (e) of section 402.
(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 how participation in any program
offered or sponsored by the Department under paragraph
(1) 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.
SEC. 404. RECRUITMENT.
(a) In General.--The Secretary should--
(1) continue to seek a diverse and talented pool of
applicants; and
(2) instruct the Director of Human Resources to have a
diversity recruitment plan of action, which should include
outreach at appropriate colleges, universities, diversity
organizations, and professional associations.
(b) Scope.--The diversity recruitment initiatives described in
subsection (a) should include--
(1) recruiting at historically Black colleges and
universities, Hispanic-serving institutions, women's colleges,
and colleges that typically serve majority minority
populations, and engaging with affinity groups at colleges and
universities;
(2) sponsoring and recruiting at job fairs in urban and
rural communities;
(3) placing job advertisements in newspapers, magazines,
and job sites oriented toward diverse groups;
(4) providing opportunities through highly respected,
international leadership programs, that focus on diversity
recruitment and retention; and
(5) cultivating partnerships with organizations dedicated
to the advancement of the profession of international affairs
and national security to advance shared diversity goals.
SEC. 405. VETERAN RECRUITMENT 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 diverse locations throughout the United States,
in addition to the District of Columbia and San Francisco. Doing so
would ease the financial burden on potential candidates who do not
currently reside in and must travel at their own expense to these two
cities, particularly veterans and military members transitioning to
civilian life.
(b) Foreign Service Examinations.--Subsection (b) of section 301 of
the Foreign Service Act of 1980 (22 U.S.C. 3941) is amended--
(1) by inserting ``(1)'' before ``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 shall offer the oral assessment examinations
described in paragraph (1) in at least three of the time zones in the
United States in a calendar year to facilitate the participation and
examination of a more diverse array of candidates.''.
SEC. 406. 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. 407. VOLUNTARY PARTICIPATION.
(a) In General.--Nothing in this title should be construed so as to
compel any employee to participate in the collection of the data or
divulge any personal information. Department employees shall be
informed that their participation in the data collection contemplated
by this title is voluntary.
(b) Privacy Protection.--Any data collected under this title shall
be subject to the relevant privacy protection statutes and regulations
applicable to Federal employees.
TITLE V--INFORMATION SECURITY
SEC. 501. DEFINITIONS.
In this title:
(1) Information system.--The term ``information system''
has the meaning given such term in section 3502 of title 44,
United States Code.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
(3) Relevant congressional committees.--The term ``relevant
congressional committees'' means--
(A) the appropriate congressional committees;
(B) the Select Committee on Intelligence of the
Senate; and
(C) the Permanent Select Committee on Intelligence
of the House of Representatives.
(4) Security violation.--The term ``security violation''
means any knowing, willful, or negligent--
(A) disclosure to unauthorized persons of
information properly classified;
(B) improper classification or continued
classification of information; or
(C) improper creation or continuation of a special
access program.
(5) Spillage.--The term ``spillage'' means a security
incident that occurs whenever classified data is disclosed in
an unauthorized manner, including the transfer either onto an
unclassified information system or to an information system
with a lower level of classification.
SEC. 502. INFORMATION SYSTEM SECURITY.
(a) Definitions.--In this section:
(1) Incident.--The term ``incident'' has the meaning given
such term in section 3552(b) of title 44, United States Code.
(2) Penetration test.--The term ``penetration test'' means
a test methodology in which assessors attempt to circumvent or
defeat the security features of an information system.
(b) Consultations Process.--Not later than 60 days after the date
of the enactment of this Act, the Secretary shall establish a process
for conducting semiannual consultations with the Secretary of Defense,
the Director of National Intelligence, the Secretary of Homeland
Security, and any other department or agency representative that the
Secretary determines to be appropriate regarding the security of United
States Government and nongovernmental information systems used or
operated by the Department, a contractor of the Department, or another
organization on behalf of the Department, including any such systems or
networks facilitating the use of sensitive or classified information.
(c) Independent Penetration Testing of Information Systems.--In
coordination with the consultations under subsection (b), the Secretary
shall commission independent, semiannual penetration tests, which shall
be carried out by an appropriate Federal agency other than the
Department, such as the Department of Homeland Security or the National
Security Agency, to ensure that adequate policies and protections are
implemented to detect and prevent penetrations or compromises of such
information systems, including malicious intrusions by any unauthorized
individual, state actor, or other entity.
(d) Waiver.--The Secretary may waive the requirement under
subsection (c) for up to 180 days if the Secretary--
(1) determines that such requirement would have adverse
effects on national security or the diplomatic mission of the
Department; and
(2) not later than 30 days after the commencement of such a
waiver, submits a written justification to the relevant
congressional committees that describes how such penetration
tests would undermine national security or the diplomatic
mission of the Department.
(e) Incident Reporting.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter for five
years, the Secretary, in consultation with the Secretary of Defense,
the Director of the National Intelligence, the Secretary of Homeland
Security, and any other department or agency representative that the
Secretary determines to be appropriate, shall securely submit a
classified report to the relevant congressional committees that
describes in detail--
(1) for the first reporting period, all known and suspected
incidents of the information systems specified in subsection
(b) that occurred during the 180-day period immediately
preceding the date of the enactment of this Act; and
(2) for all subsequent reporting periods, all known and
suspected incidents of the information systems specified in
subsection (b) that occurred since the submission of the most
recent report.
(f) Contents.--Each report under subsection (e) shall include, for
the relevant reporting period--
(1) a description of the relevant information system, as
specified in subsection (b), that experienced a known or
suspected incident;
(2) an assessment of the date and time each such incident
occurred;
(3) an assessment of the duration over which each such
incident took place, including whether such incident is
ongoing;
(4) an assessment of the volume and sensitivity of
information accessed, compromised, or potentially compromised
by each incident, including any such information contained on
information systems owned, operated, managed, or utilized by
any other Federal department or agency;
(5) an assessment of whether such information system was
compromised by a malicious intrusion, including an assessment
of--
(A) the known or suspected perpetrators, including
state actors;
(B) the methods used to carry out the incident; and
(C) the known or suspected intent of the actors in
accessing the information system; and
(6) a description of the actions the Department has taken
or plans to take, including timelines and descriptions of any
progress on plans described in prior reports, to prevent
future, similar incidents of such information systems.
(g) Inspector General Oversight.--The Secretary shall--
(1) notify the Inspector General for the Department of
State and the Broadcasting Board of Governors about all planned
penetration tests required under subsection (c); and
(2) provide the Inspector General for the Department of
State and the Broadcasting Board of Governors with any reports,
conclusions, or analyses that are a result of such testing.
SEC. 503. IMPROVING FOIA PROCESS.
(a) Reform Plan.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to the relevant
congressional committees a plan that describes the reforms specified in
subsection (b).
(b) Reforms.--The Secretary, in consultation with the Director of
National Intelligence, shall develop, implement, and complete by the
date that is one year after the date of the enactment of this Act a
cost-effective plan for training and maintaining an appropriate number
of officials of the Department in--
(1) the identification of marked or unmarked classified
information in documents or media subject to requests under
section 552 of title 5, United States Code (commonly referred
to as the ``Freedom of Information Act''), including
information originating with the intelligence community; and
(2) appropriate procedures for coordinating with
intelligence officials to ensure that such officials have an
opportunity to make a classification determination regarding
the classification status and level, if any, of any information
potentially originating with the intelligence community.
(c) Accountability.--Not later than 14 months after the date of the
enactment of this Act, the Inspector General of the Intelligence
Community, in consultation with the Inspector General of the Department
of State and the Broadcasting Board of Governors, shall--
(1) review the Department's implementation of the plan
required under subsection (a); and
(2) submit a report to the relevant congressional
committees that assesses the extent to which the Department has
implemented the reforms required under subsection (b).
SEC. 504. ANNUAL REPORT ON SECURITY VIOLATIONS.
(a) Annual Report.--Not later than 180 days after the date of the
enactment of this Act and annually thereafter for five years, the
Secretary shall submit to the relevant congressional committees a
report, in classified or unclassified format as the Secretary
determines appropriate, that includes information on the security
violations issued to Department employees during the most recently
completed fiscal year, including the unauthorized transfer of marked or
unmarked classified information into documents, electronic media or
systems, electronic transmissions, or other records or storage not
certified for the handling, storage, or transmittal of such
information.
(b) Elements.--The reporting of security violations submitted under
subsection (a) shall include--
(1) the total number of security violations issued to
Department employees during the current reporting period,
including the number of security violations that occurred
within each office or bureau of the Department;
(2) the number of security violations committed by an
employee with a history of one or more prior security
violations; and
(3) the number and nature of actions taken by the
Department in response to security violations, including--
(A) disciplinary actions taken or criminal
referrals; and
(B) the administration of remedial training in
response to any security violation or violations.
SEC. 505. CLASSIFIED INFORMATION SPILLAGE.
(a) Detection of Classified Information Spillage.--Not later than
180 days after the date of the enactment of this Act, the Secretary
shall brief the relevant congressional committees on a plan that
describes how the reforms described in subsection (b) will be completed
within one year after the date of the enactment of this Act.
(b) Training Program.--The Secretary, in consultation with the
Director of National Intelligence, shall develop or maintain, as the
case may be, a training program for appropriate officials reporting to
the Under Secretary of Management of the Department regarding best
practices for detecting and recognizing classified information
spillage, including information originating from the intelligence
community.
(c) Randomized Sampling To Detect Spillage.--The officials
receiving the training described in subsection (b) shall, not less
frequently than quarterly--
(1) collect statistically valid random samples of
electronic mail sent by or received from employees of the
Department who hold a security clearance granting such
employees authorized access to information classified at the
level of Secret or above; and
(2) use such samples, in a manner provided for in the
training described in subsection (b), to detect spillage of
data that was classified at the time such electronic mail was
sent or received, as part of the Department's program for
safeguarding classified information.
(d) Accountability.--Not later than 180 days after the
implementation of the training program described in subsection (b), the
Inspector General for the Department of State and the Broadcasting
Board of Governors shall--
(1) conduct an audit of the program and activities carried
out under this section; and
(2) submit a report containing the results of the audit
conducted under paragraph (1) to the relevant congressional
committees.
SEC. 506. REFRESHER TRAINING ON THE HANDLING OF CLASSIFIED INFORMATION.
(a) Refresher Training.--Except as provided in subsection (d), not
later than 180 days after the date of the enactment of this Act, the
Secretary shall submit a written certification to the relevant
congressional committees that all Department personnel who possess a
security clearance have completed refresher training, developed by the
Secretary, in consultation with the Director of National Intelligence,
in the rules and procedures governing the appropriate identification
and handling of classified information, including information
originating from the intelligence community.
(b) Certification by Personnel Undergoing Training.--Each employee
of the Department who undergoes the training required under subsection
(a) shall certify in writing that the employee--
(1) has received such training;
(2) has read and understands the rules and procedures for
identifying and handling classified information, including
information originating from the intelligence community;
(3) understands the legal responsibilities accompanying
access to classified information; and
(4) commits to following such rules and procedures, under
penalty of all applicable laws, regulations, and policies of
the Department.
(c) Prioritization.--In administering the refresher training
required under subsection (a), the Secretary shall prioritize the
retraining of employees in the following order:
(1) Employees who possess a security clearance at the Top
Secret/Sensitive Compartmented Information level.
(2) Employees who possess a security clearance at the Top
Secret level.
(3) Employees who possess a security clearance at the
Secret level.
(4) Employees who possess a security clearance at the
Confidential Information level.
(d) Delay in Training.--
(1) In general.--The Secretary may delay the provision of
refresher training required under subsection (a) for up to 30
days for any specific official or employee of the Department or
any group of officials or employees, up to the level of an
individual office, if the Secretary considers such delay to be
critical to the foreign policy interests of the United States.
(2) Notice to congress.--Not later than 30 days after
authorizing a delay under paragraph (1), the Secretary shall
submit a written notice of such delay, including a
justification for the delay, to the relevant congressional
committees.
SEC. 507. PROHIBITION ON CONTRACTING WITH CERTAIN TELECOMMUNICATIONS
PROVIDERS.
(a) List of Covered Contractors.--Not later than 30 days after the
date of the enactment of this Act, the Secretary, in consultation with
the Director of National Intelligence, shall develop or maintain, as
the case may be, a list of covered contractors to be updated as
frequently as the Secretary determines appropriate.
(b) Prohibition on Contracts.--The Secretary may not enter into a
contract with a covered contractor on the list described under
subsection (a).
(c) Removal From List.--To be removed from the list described in
subsection (a), a covered contractor may submit a request to the
Secretary in such manner as the Secretary determines appropriate. The
Secretary, in consultation with the Director of National Intelligence,
shall determine a process for removing covered contractors from the
list, as appropriate, and publicly disclose such process.
(d) Waivers.--
(1) In general.--The President or the Secretary may waive
the requirements under subsection (b) if the President or the
Secretary determines that such waiver is justified for national
security reasons.
(2) Waiver for overseas operations.--The Secretary may
waive the requirements under subsection (b) for United States
diplomatic posts or diplomatic personnel overseas if the
Secretary, in consultation with the Director of National
Intelligence, determines that no suitable alternatives are
available.
(e) Covered Contractor Defined.--In this section, the term
``covered contractor'' means a provider of telecommunications,
telecommunications equipment, or information technology equipment,
including hardware, software, or services, that has knowingly assisted
or facilitated a cyber attack or conducted surveillance, including
passive or active monitoring, carried out against 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 following worldwide threat assessment of the
intelligence community.
(f) Effective Date.--This section shall apply with respect to
contracts of a covered contractor entered into on or after the date of
the enactment of this Act.
SEC. 508. REPORT ON CONTRACTS WITH KASPERSKY LABS AND HUAWEI.
(a) Determination.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall develop a process and
timeframe for determining whether or not the Department purchased
software, hardware, or services from Kaspersky Lab, Huawei, ZTE
Corporation, or from any affiliates from which Kaspersky Lab, Huawei,
or ZTE Corporation equipment, software, or services may be contained,
and if so, if any of those products or services are still in use.
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall brief the relevant
congressional committees on the findings pursuant to the review under
subsection (a), and shall provide updates every 30 days thereafter
until the review is complete.
TITLE VI--PUBLIC DIPLOMACY
SEC. 601. AVOIDING DUPLICATION OF PROGRAMS AND EFFORTS.
(a) In General.--The Under Secretary for Public Diplomacy and
Public Affairs of the Department 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.
(b) Definition.--In this section, the term ``public diplomacy
bureaus and offices'' means the Bureau of Educational and Cultural
Affairs, the Bureau of Public Affairs, the Bureau of International
Information Programs, the Office of Policy, Planning, and Resources,
and the Global Engagement Center, and the public diplomacy functions
within the regional and functional bureaus.
SEC. 602. AMERICAN SPACES REVIEW.
Not later than 180 days after the date of the enactment of this
Act, the Secretary shall submit a report to the appropriate
congressional committees that includes--
(1) the full costs incurred by the Department to provide
American Spaces, including--
(A) American Centers, American Corners, Binational
Centers, and Information Resource Centers; and
(B) the total costs of all associated--
(i) employee salaries, including members of
the Foreign Service, other United States
civilian personnel, and locally employed staff;
(ii) programming expenses;
(iii) operating expenses;
(iv) contracting expenses; and
(v) security expenses;
(2) a breakdown of the total costs described in paragraph
(1) by each space and type of space;
(3) the total fees collected for entry to, or the use of,
American Spaces and related resources, including a breakdown by
the type of fee for each space and type of space;
(4) the total usage rates, including by type of service,
for each space and type of space; and
(5) an assessment of the significance, utility, and benefit
of the American Spaces program in promoting mutual
understanding and the value of American culture.
SEC. 603. IMPROVING RESEARCH AND EVALUATION OF PUBLIC DIPLOMACY.
(a) In General.--The Secretary 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 the findings of the research and evaluations
conducted under paragraph (1) available to Congress.
(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 in the Office of Policy,
Planning, and Resources for the Under Secretary for Public
Diplomacy and Public Affairs.
(2) Limitation on appointment.--The appointment of a
Director of Research and Evaluation pursuant to paragraph (1)
shall not result in an increase in the overall full-time
equivalent positions within the Department.
(3) Responsibilities.--The Director of Research and
Evaluation shall--
(A) coordinate and oversee the research and
evaluation of public diplomacy programs of the
Department--
(i) to improve public diplomacy strategies
and tactics; and
(ii) to ensure that programs are increasing
the knowledge, understanding, and trust of the
United States by relevant target audiences;
(B) report to the Director of Policy and Planning
in the Office of Policy, Planning, and Resources under
the Under Secretary for Public Diplomacy and Public
Affairs of the Department;
(C) routinely organize and oversee audience
research, digital analytics, and impact evaluations
across all public diplomacy bureaus and offices of the
Department;
(D) support embassy public affairs sections;
(E) share appropriate public diplomacy research and
evaluation information within the Department and with
other Federal departments and agencies;
(F) regularly design and coordinate standardized
research questions, methodologies, and procedures to
ensure that public diplomacy activities across all
public diplomacy bureaus and offices are designed to
meet appropriate foreign policy objectives; and
(G) report biannually to the United States Advisory
Commission on Public Diplomacy, through the
Commission's Subcommittee on Research and Evaluation
established pursuant to subsection (e), regarding the
research and evaluation of all public diplomacy bureaus
and offices of the Department.
(4) Guidance and training.--Not later than one year after
the appointment of the Director of Research and Evaluation
pursuant to paragraph (1), the Director shall create guidance
and training, including curriculum for use by the Foreign
Service Institute, for all public diplomacy officers regarding
the reading and interpretation of public diplomacy program
evaluation findings to ensure that such findings and lessons
learned are implemented in the planning and evaluation of all
public diplomacy programs and activities throughout the
Department.
(c) Prioritizing Research and Evaluation.--
(1) In general.--The Director of Policy, Planning, and
Resources shall ensure that research and evaluation, as
coordinated and overseen by the Director of Research and
Evaluation, supports strategic planning and resource allocation
across all public diplomacy bureaus and offices of the
Department.
(2) Allocation of resources.--Amounts allocated for the
purposes of research and evaluation of public diplomacy
programs and activities pursuant to subsection (a) 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 Under Secretary for Public Diplomacy and Public Affairs of
the Department should coordinate the human and financial
resources that support the Department's public diplomacy and
public affairs programs and activities, that proposals or plans
related to resource allocations for public diplomacy bureaus
and offices be routed through the Office of the Under Secretary
for Public Diplomacy and Public Affairs for review and
clearance and that the Department should allocate, for the
purposes of research and evaluation of public diplomacy
activities and programs pursuant to subsection (a)--
(A) 3 to 5 percent of program funds made available
under the heading ``Educational and Cultural Exchange
Programs''; and
(B) 3 to 5 percent of program funds allocated for
public diplomacy programs under the heading
``Diplomatic and Consular Programs''.
(d) Limited Exemption.--Chapter 35 of title 44, United States Code
(commonly known as the ``Paperwork Reduction Act'') shall not apply to
collections of information directed at any individuals conducted by, or
on behalf of, the Department for the purpose of audience research,
monitoring, and evaluations, and in connection with the Department's
activities conducted pursuant to the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1431 et seq.), the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.),
section 1287 of the National Defense Authorization Act for Fiscal Year
2017 (Public Law 114-328; 22 U.S.C. 2656 note), or the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.).
(e) Limited Exemption to the Privacy Act.--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
research and data analysis of communications related to public
diplomacy efforts intended for foreign audiences. Such research and
data analysis shall be reasonably tailored to meet the purposes of this
subsection and shall be carried out with due regard for privacy and
civil liberties guidance and oversight.
(f) Advisory Commission on Public Diplomacy.--
(1) Subcommittee for research and evaluation.--The Advisory
Commission on Public Diplomacy shall establish a Subcommittee
for Research and Evaluation to monitor and advise on the
research and evaluation activities of the Department and the
Broadcasting Board of Governors.
(2) Report.--The Subcommittee for Research and Evaluation
established pursuant to paragraph (1) shall submit an annual
report to Congress in conjunction with the Commission on Public
Diplomacy's Comprehensive Annual Report on the performance of
the Department and the Broadcasting Board of Governors in
carrying out research and evaluations of their respective
public diplomacy programming.
(g) Definitions.--In this section:
(1) Audience research.--The term ``audience research''
means research conducted at the outset of public diplomacy
program or campaign planning and design on 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 the Bureau of
Educational and Cultural Affairs, the Bureau of Public Affairs,
the Bureau of International Information Programs, the Office of
Policy, Planning, and Resources, and the Global Engagement
Center, and the public diplomacy functions within the regional
and functional bureaus.
TITLE VII--COMBATING PUBLIC CORRUPTION
SEC. 701. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) it is in the foreign policy interest of the United
States to help foreign countries promote good governance and
combat public corruption, particularly grand corruption;
(2) multiple Federal departments and agencies operate
programs that promote good governance in foreign countries and
enhance such countries' ability to combat public corruption;
(3) the Department should promote coordination among the
Federal departments and agencies implementing programs to
promote good governance and combat public corruption in foreign
countries in order to improve effectiveness and efficiency; and
(4) the Department should identify areas in which United
States efforts to help other countries promote good governance
and combat public corruption could be enhanced.
SEC. 702. ANNUAL ASSESSMENT.
(a) In General.--For each of fiscal years 2019 through 2025, the
Secretary shall assess the capacity and commitment of foreign countries
to combat public corruption. Each such assessment shall--
(1) utilize independent, third party indicators that
measure transparency, accountability, and corruption in the
public sector, including the extent to which public power is
exercised for private gain, to identify those countries that
are most vulnerable to public corruption;
(2) consider, to the extent reliable information is
available, whether the government of a country identified under
paragraph (1)--
(A) has adopted measures to prevent public
corruption, such as measures to inform and educate the
public, including potential victims, about the causes
and consequences of public corruption;
(B) has enacted laws and established government
structures, policies, and practices that prohibit
public corruption, including grand corruption and petty
corruption;
(C) enforces such laws through a fair judicial
process;
(D) vigorously investigates, prosecutes, convicts,
and sentences public officials who participate in or
facilitate public corruption, including nationals of
the country who are deployed in foreign military
assignments, trade delegations abroad, or other similar
missions who engage in or facilitate public corruption;
(E) prescribes appropriate punishment for grand
corruption that is commensurate with the punishment
prescribed for serious crimes;
(F) prescribes appropriate punishment for petty
corruption that provides a sufficiently stringent
deterrent and adequately reflects the nature of the
offense; and
(G) convicts and sentences persons responsible for
such acts that take place wholly or partly within the
country of the government, including, as appropriate,
requiring the incarceration of individuals convicted of
such acts; and
(3) further consider--
(A) verifiable measures taken by the government of
a country identified under paragraph (1) to prohibit
government officials from participating in,
facilitating, or condoning public corruption, including
the investigation, prosecution, and conviction of such
officials;
(B) the extent to which such government provides
access, or, as appropriate, makes adequate resources
available, to civil society organizations and other
institutions to combat public corruption, including
reporting, investigating, and monitoring;
(C) the extent to which an independent judiciary or
judicial body in such country is responsible for, and
effectively capable of, deciding public corruption
cases impartially, on the basis of facts and in
accordance with law, without any improper restrictions,
influences, inducements, pressures, threats, or
interferences, whether direct or indirect, from any
source or for any reason;
(D) the extent to which such government--
(i) is assisting in international
investigations of transnational public
corruption networks and in other cooperative
efforts to combat grand corruption, including
cooperating with the governments of other
countries to extradite corrupt actors;
(ii) recognizes the rights of victims of
public corruption, ensures their access to
justice, and takes steps to prevent victims
from being further victimized or persecuted by
corrupt actors, government officials, or
others; and
(iii) refrains from prosecuting legitimate
victims of public corruption or whistleblowers
due to such persons having assisted in exposing
public corruption, and refrains from other
discriminatory treatment of such persons; and
(E) contain such other information relating to
public corruption as the Secretary considers
appropriate.
(b) Identification.--After conducting the assessment under
subsection (a), the Secretary shall identify the countries described in
paragraph (1) of such subsection that are--
(1) meeting minimum standards to combat public corruption;
(2) not meeting minimum standards to combat public
corruption but making significant efforts to do so; or
(3) neither meeting minimum standards to combat public
corruption nor making significant efforts to do so.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act and annually thereafter through fiscal year 2025,
the Secretary shall submit to the appropriate congressional committees
and make publicly available a report that identifies the countries
described in subsection (a)(1) and paragraphs (2) and (3) of subsection
(b), including a description of the methodology and data utilized in
the assessment under subsection (a) and the reasons for such
identification.
(d) Briefing in Lieu of Report.--The Secretary may waive the
requirement to submit and make publicly available a written report
under subsection (c) if the Secretary--
(1) determines that publication of such report would--
(A) undermine existing United States anti-
corruption efforts in one or more countries; or
(B) threaten the national interests of the United
States; and
(2) provides a briefing to the appropriate congressional
committees that identifies the countries described in
subsection (a)(1) and paragraphs (2) and (3) of subsection (b),
including a description of the methodology and data utilized in
the assessment under subsection (a) and the reasons for such
identification.
SEC. 703. TRANSPARENCY AND ACCOUNTABILITY.
For each country identified under paragraphs (2) and (3) of section
702(b), the Secretary, in coordination with the Administrator of the
United States Agency for International Development, as appropriate,
shall--
(1) ensure that a corruption risk assessment and mitigation
strategy is included in the integrated country strategy for
such country; and
(2) utilize appropriate mechanisms to combat corruption in
such countries, including by ensuring--
(A) the inclusion of anti-corruption clauses in
contracts, grants, and cooperative agreements entered
into by the Department or the Agency for or in such
countries, which allow for the termination of such
contracts, grants, or cooperative agreements, as the
case may be, without penalty if credible indicators of
public corruption are discovered;
(B) the inclusion of appropriate clawback or
flowdown clauses within the procurement instruments of
the Department and the Agency that provide for the
recovery of funds misappropriated through corruption;
(C) the appropriate disclosure to the United States
Government, in confidential form, if necessary, of the
beneficial ownership of contractors, subcontractors,
grantees, cooperative agreement participants, and other
organizations implementing programs on behalf of the
Department or Agency; and
(D) the establishment of mechanisms for
investigating allegations of misappropriated resources
and equipment.
SEC. 704. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF CONTACT.
(a) In General.--The Secretary shall annually designate an anti-
corruption point of contact at the United States mission to each
country identified under paragraphs (2) and (3) of section 702(b), or
which the Secretary otherwise determines is in need of such a point of
contact.
(b) Responsibilities.--Each designated anti-corruption point of
contact shall be responsible for coordinating and overseeing
implementation of a whole-of-government approach among the relevant
Federal departments and agencies that operate programs that promote
good governance in foreign countries and enhance such countries'
ability to combat public corruption in order to accomplish such
objectives in the country to which such point of contact is posted,
including through the development and implementation of corruption risk
assessment tools and mitigation strategies.
(c) Training.--The Secretary shall implement appropriate training
for designated anti-corruption points of contact.
SEC. 705. REPORTING REQUIREMENTS.
(a) Annual Report.--
(1) In general.--The Secretary shall, for each of fiscal
years 2019 through 2025, submit to the appropriate
congressional committees a report on implementation of this
title, including a description of--
(A) the offices within the Department and the
United States Agency for International Development that
are engaging in significant anti-corruption activities;
(B) the findings and actions of designated anti-
corruption points of contact to develop and implement
risk mitigation strategies and ensure compliance with
section 703;
(C) the training implemented under section 704(c);
(D) management of the whole-of-government effort
referred to in section 701 to combat corruption within
the countries identified in section 702 and efforts to
improve coordination across Federal departments and
agencies;
(E) the risk assessment tools and mitigation
strategies utilized by the Department and the Agency;
and
(F) other information determined by the Secretary
to be necessary and appropriate.
(2) Form of report.--Reports under this subsection shall be
submitted in an unclassified format but may include a
classified annex.
(b) Online Platform.--The Secretary shall consolidate existing
reports with anti-corruption components into one online, public
platform, which should--
(1) include--
(A) the annual Country Reports on Human Rights
Practices;
(B) the annual Fiscal Transparency Report;
(C) the annual Investment Climate Statements;
(D) the annual International Narcotics Control
Strategy Report;
(E) the Country Scorecards of the Millennium
Challenge Corporation; and
(F) any other relevant public reports; and
(2) link to third-party indicators and compliance
mechanisms used by the Federal Government to inform policy and
programming, such as--
(A) the International Finance Corporation's Doing
Business surveys;
(B) the International Budget Partnership's Open
Budget Index; and
(C) multilateral peer review anti-corruption
compliance mechanisms, such as the Organization for
Economic Co-operation and Development's Working Group
on Bribery in International Business Transactions and
the United Nations Convention Against Corruption, done
at New York October 31, 2003, to further highlight
expert international views on country challenges and
country efforts.
(c) Training.--The Secretary and the Administrator of the United
States Agency for International Development shall incorporate anti-
corruption components into existing Foreign Service and Civil Service
training courses to--
(1) increase the ability of Department and Agency personnel
to support anti-corruption as a foreign policy priority; and
(2) strengthen the ability of such personnel to design,
implement, and evaluate more effective anti-corruption
programming around the world, including enhancing skills to
better evaluate and mitigate public corruption risks in
assistance programs.
TITLE VIII--MISCELLANEOUS
SEC. 801. CASE-ZABLOCKI REFORM.
Section 112b(b) of title 1, United States Code, is amended to read
as follows:
``(b) Each department or agency of the United States Government
that enters into any international agreement described in subsection
(a) on behalf of the United States, shall designate a Chief
International Agreements Officer, who--
``(1) shall be a current employee of such department or
agency;
``(2) shall serve concurrently as Chief International
Agreements Officer; and
``(3) subject to the authority of the head of such
department or agency, shall have department- or agency-wide
responsibility for efficient and appropriate compliance with
subsection (a) to transmit the text of any international
agreement to the Department of State not later than 20 days
after such agreement has been signed.''.
SEC. 802. REPORTING ON IMPLEMENTATION OF GAO RECOMMENDATIONS.
(a) Initial Report.--Not later than 60 days after the date of the
enactment of this Act, the Secretary shall submit a report to the
appropriate congressional committees 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 a report to the appropriate
congressional committees 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 enactment of this Act, the Secretary shall submit a report
to the appropriate congressional committees 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
(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. 803. EXTENSION OF AUTHORITY FOR CERTAIN ACCOUNTABILITY REVIEW
BOARDS.
Paragraph (3) of section 301(a) the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4831(a)) is amended--
(1) in the heading, by striking ``and iraq''; and
(2) in subparagraph (A)--
(A) in clause (i), by striking ``or Iraq''; and
(B) in clause (ii), by striking ``beginning on
October 1, 2005, and ending on September 30, 2009'' and
inserting ``beginning on October 1, 2018, and ending on
September 30, 2021''.
TITLE IX--MATTERS RELATING TO INTERNATIONAL SECURITY
Subtitle A--General Provisions
SEC. 901. MODIFICATION OF PURPOSES FOR WHICH MILITARY SALES BY THE
UNITED STATES ARE AUTHORIZED.
Section 4 of the Arms Export Control Act (22 U.S.C. 2754) is
amended in the first sentence by striking ``internal security'' and
inserting ``legitimate internal security (including for anti-terrorism
purposes)''.
SEC. 902. RETURN OF DEFENSE ARTICLES.
Section 21(m)(1)(B) of the Arms Export Control Act (22 U.S.C.
2761(m)(1)(B)) is amended--
(1) by striking ``(B) is not'' and inserting ``(B)(i) is
not'';
(2) by striking ``; and'' and inserting ``; or''; and
(3) by adding at the end the following:
``(ii) is significant military equipment (as
defined in section 47(9) of this Act) and the Secretary
of State has provided prior approval of the return of
such defense article from the foreign country or
international organization; and''.
SEC. 903. REQUIREMENTS RELATING TO EXEMPTIONS FOR LICENSING OF DEFENSE
ITEMS.
Section 38(j) of the Arms Export Control Act (22 U.S.C. 2778(j)) is
amended--
(1) in the subsection heading--
(A) by striking ``Country''; and
(B) by striking ``to Foreign Countries'';
(2) in paragraph (1)(A)--
(A) in the matter preceding clause (i)--
(i) by striking ``a foreign country'' and
inserting ``the North Atlantic Treaty
Organization, any member country of that
Organization, the Republic of Korea, Australia,
New Zealand, Japan, or Israel'';
(ii) by inserting ``(except that the
President may not so exempt such Organization,
member country, or other country that is not
eligible to acquire defense items under any
other provision of law)'' after ``with respect
to exports of defense items''; and
(iii) by striking ``the foreign country''
and inserting ``such Organization, member
country, or other country''; and
(B) in clause (ii)--
(i) by striking ``the foreign country'' and
inserting ``such Organization, member country,
or other country''; and
(ii) by striking ``under their domestic
laws'';
(3) in paragraph (2)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i)--
(I) by striking ``, at a
minimum,'';
(II) by striking ``the foreign
country'' and inserting ``the
Organization, member country, or other
country referred to in paragraph (1)'';
and
(III) by striking ``to revise its
policies and practices, and promulgate
or enact necessary modifications to its
laws and regulations'';
(ii) in clause (i), by striking ``the
foreign country'' and inserting ``such
Organization, member country, or other
country''; and
(iii) in clause (ii), by striking
``retransfer control commitments, including
securing'' and inserting ``retransfer controls
that secure'';
(B) in subparagraph (B)--
(i) in the matter preceding clause (i)--
(I) by striking ``, at a
minimum,'';
(II) by striking ``the foreign
country'' and inserting ``the
Organization, member country, or other
country referred to in paragraph (1)'';
and
(III) by striking ``to revise its
policies and practices, and promulgate
or enact necessary modifications to its
laws and regulations''; and
(ii) in clause (iv), by striking ``the
foreign country'' and inserting ``the member
country or other country'';
(4) in paragraph (3)--
(A) in the matter preceding subparagraph (A), by
striking ``a foreign country'' and inserting ``the
Organization, member country, or other country referred
to in paragraph (1)'';
(B) in subparagraph (A), by striking ``that foreign
country'' and inserting ``such Organization, member
country, or other country'';
(C) in subparagraph (B)--
(i) by striking ``the foreign country'' and
inserting ``such Organization, member country,
or other country''; and
(ii) by striking ``has promulgated or
enacted all necessary modifications to its laws
and regulations to comply'' and inserting ``has
taken such actions to comply''; and
(D) in subparagraph (C)--
(i) by striking ``a foreign country'' and
inserting ``such Organization, member country,
or other country''; and
(ii) by striking ``that country'' and
inserting ``such Organization, member country,
or other country''; and
(5) in paragraph (4)(A), by adding at the end before the
period the following: ``that are not significant military
equipment, or otherwise classified under section 121.1 of title
22, Code of Federal Regulations, or contained on the list of
items controlled for reasons of missile technology under
section 71 of this Act''.
SEC. 904. AMENDMENT TO GENERAL PROVISIONS.
Section 42(a) of the Arms Export Control Act (22 U.S.C. 2791(a)) is
amended in the first sentence by inserting ``on a competitive basis''
after ``procurement in the United States''.
SEC. 905. TECHNICAL AMENDMENTS TO ARMS EXPORT CONTROL ACT.
(a) Amendments Relating to Sales From Stocks.--Section 21(e)(3) of
the Arms Export Control Act (22 U.S.C. 2761(e)(3)) is amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i), by striking
``North Atlantic Treaty Organization (NATO) Support
Organization'' and inserting ``North Atlantic Treaty
Organization (NATO) Support and Procurement
Organization''; and
(B) in clause (i), by striking ``support
partnership agreement'' and inserting ``support or
procurement partnership agreement''; and
(2) in subparagraph (C)(i), in the matter preceding
subclause (I)--
(A) by striking ``North Atlantic Treaty
Organization (NATO) Support Organization'' and
inserting ``North Atlantic Treaty Organization (NATO)
Support and Procurement Organization''; and
(B) by striking ``weapon system partnership
agreement'' and inserting ``support or procurement
partnership agreement''.
(b) Amendments Relating to Reports.--Section 36(b)(6) of the Arms
Export Control Act (22 U.S.C. 2776(b)(6)) is amended by inserting ``the
North Atlantic Treaty Organization or'' before ``a member country''.
SEC. 906. SENSE OF CONGRESS ON LICENSING UNDER UNITED STATES ARMS
EXPORT CONTROL PROGRAMS.
It is the sense of Congress that, in implementing reforms of United
States arms export control programs, the President should prioritize
the development of a new framework to improve and streamline licensing
under such programs, including by seeking to revise the Special
Comprehensive Export Authorizations for the North Atlantic Treaty
Organization, any member country of that Organization, or any other
country described in section 36(c)(2)(A) of the Arms Export Control Act
(22 U.S.C. 2776(c)(2)(A)) under section 126.14 of title 15, Code of
Federal Regulations (relating to the International Traffic in Arms
Regulations).
SEC. 907. EXTENSION OF WAR RESERVE STOCKPILE AUTHORITY.
(a) Department of Defense Appropriations Act, 2005.--Section
12001(d) of the Department of Defense Appropriations Act, 2005 (Public
Law 108-287; 118 Stat. 1011) is amended by striking ``2018'' and
inserting ``2019''.
(b) Stockpiling of Defense Articles for Foreign Countries.--Section
514(b)(2)(A) of the Foreign Assistance Act of 1961 (22 U.S.C.
2321h(b)(2)(A)) is amended by striking ``and 2018'' and inserting
``2018, and 2019''.
SEC. 908. PEACEKEEPING OPERATIONS AND OTHER NATIONAL SECURITY PROGRAMS.
(a) Authority.--
(1) In general.--Section 551 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2348) is amended--
(A) in the first sentence, by striking ``The
President'' and inserting ``(a) The President''; and
(B) by adding at the end the following:
``(b) Assistance authorized to be appropriated under this chapter
may also be used to provide assistance to enhance the capacity of
foreign civilian security forces, including gendarmes, to participate
in peacekeeping operations.
``(c) Assistance authorized to be appropriated under this chapter
to provide assistance to friendly countries for purposes other than
support for multilateral peacekeeping operations shall be subject to
the applicable requirements of the Arms Export Control Act (22 U.S.C.
2751 et seq.).''.
(2) Disarmament and reintegration.--
(A) In general.--Notwithstanding any other
provision of law, funds authorized to be appropriated
under any provision of law for peacekeeping operations
may be made available to support programs to disarm,
demobilize, and reintegrate into civilian society
former members of foreign terrorist organizations.
(B) Consultation.--The Secretary shall consult with
the appropriate congressional committees prior to
obligating or expending funds pursuant to this any
provision of law described in subparagraph (A).
(C) Definition.--In this paragraph, the term
``foreign terrorist organization'' means an
organization designated as a terrorist organization
under section 219(a) of the Immigration and Nationality
Act (8 U.S.C. 1189(a)).
(b) Notification.--The Secretary shall notify the Committee on
Foreign Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate at least 15 days prior to obligating or
expending funds under any provision of law for peacekeeping operations.
(c) Conforming Amendment.--The heading for chapter 6 of part II of
the Foreign Assistance Act of 1961 (22 U.S.C. 2348 et seq.) is amended
by adding at the end the following: ``and Other National Security
Programs''.
SEC. 909. OTHER AMENDMENTS TO MILITARY ASSISTANCE AUTHORITIES.
The Foreign Assistance Act of 1961 is amended as follows:
(1) In section 506(b)(2) (22 U.S.C. 2318(b)(2)), by
striking ``a report'' and inserting ``a report on an annual
basis''.
(2) In section 516 (22 U.S.C. 2321j)--
(A) in subsection (a), by striking ``countries''
and inserting ``countries, regional organizations, and
international organizations'';
(B) in subsection (b)(1)(E), by striking
``countries'' and inserting ``countries, regional
organizations, and international organizations'';
(C) in subsection (c)--
(i) in paragraph (1), by striking
``recipient country'' and inserting ``recipient
country or organization''; and
(ii) in paragraph (2), by striking ``other
countries'' and inserting ``other countries or
organizations'';
(D) in subsection (f)(2)--
(i) in subparagraph (A), by striking
``country'' and inserting ``country or
organization''; and
(ii) in subparagraph (C), by striking
``countries'' and inserting ``countries or
organizations''; and
(E) in subsection (h), by striking ``country'' and
inserting ``country and organization''.
(3) In section 622(c) of the Foreign Assistance Act of 1961
(22 U.S.C. 2382(c)), by inserting ``law enforcement and justice
sector assistance,'' before ``military assistance,''.
(4) In section 656(a)(1) (22 U.S.C. 2416(a)(1)), by
striking ``January 31'' and inserting ``March 1''.
Subtitle B--Security Sector Reform
SEC. 921. LIST OF PRIORITY COUNTRIES FOR SECURITY SECTOR ASSISTANCE.
(a) Sense of Congress.--It is the sense of Congress that United
States security sector assistance is a critically important tool of
United States foreign policy and the Secretary, acting under the
direction of the President, should set foreign security sector policy
priorities related to United States security sector assistance.
(b) List.--The Secretary, in consultation with the Secretary of
Defense and the heads of other appropriate Federal departments and
agencies, shall include in the annual congressional budget
justification of the Department a list that--
(1) those foreign countries identified by the Secretary as
priority countries to receive security sector assistance; and
(2) indicates for each country identified under paragraph
(1) the policy objectives that the Secretary seeks to achieve
with respect to the provision of such assistance.
SEC. 922. COORDINATOR FOR SECURITY SECTOR ASSISTANCE IN PRIORITY
COUNTRIES.
(a) In General.--The Secretary shall designate an appropriately
senior individual or individuals assigned to an appropriate diplomatic
or consular post in each foreign country identified on the list
required under section 921(b) to be responsible for--
(1) tracking, reporting on, and coordinating security
sector assistance and related policy for the foreign country;
and
(2) assisting in and ensuring implementation of section
620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d)
and section 362 of title 10, United States Code.
(b) Training.--
(1) In general.--The Secretary shall ensure that each
individual designated under subsection (a) receives the
specialized training described in paragraph (2) to prepare such
individual to carry out the duties described in paragraphs (1)
and (2) of subsection (a).
(2) Training described.--The Secretary shall establish
curriculum at the George P. Schultz National Foreign Affairs
Training Center to provide specialized training for individuals
designated under subsection (a) to develop policy expertise
relating to security sector assistance, including--
(A) awareness of the full range of agencies,
offices, personnel, congressional authorities and
funds, and programs involved in security sector
assistance and the respective decision-making
timelines;
(B) familiarity with models of military and police
security force systems and basic knowledge of
structures and forces of the region to which the
individual is deployed; and
(C) familiarity with security sector reform and
United States interagency and external resources and
experts.
(3) Coordination.--The curriculum established pursuant to
paragraph (2) should be provided in coordination with the
Defense Security Cooperation Agency's Defense Institute of
Security Cooperation Studies.
SEC. 923. POLICIES AND GUIDANCE FOR REGIONAL BUREAUS OF THE DEPARTMENT.
(a) Policies and Guidance.--The Secretary shall establish policies
and guidance for each regional bureau of the Department to coordinate
security sector assistance and related policy for foreign countries
identified on the list required under section 921(b).
(b) Coordinator for Regional Bureau.--
(1) In general.--The assistant secretary for each regional
bureau of the Department shall designate an individual who is
an officer of the regional bureau to be responsible for
coordinating security sector assistance and related policy
within the responsibilities of such regional bureau, including
the integration of the foreign security sector policy
priorities established by the Secretary, acting under the
direction of the President.
(2) Training.--The assistant secretary for each regional
bureau of the Department shall ensure that each individual
designated under paragraph (1) for such regional bureau
receives the specialized training described in section 2(b) to
prepare such individual to carry out the duties described in
paragraph (1).
SEC. 924. OFFICE FOR SECURITY SECTOR ASSISTANCE IN THE DEPARTMENT.
(a) Designation.--The Secretary of State shall designate an office
in the Department, to be known as the Office for Security Sector
Assistance, to serve as a central coordinating point for security
sector assistance.
(b) Personnel.--The Office of Security Sector Assistance should
include personnel detailed from within the Department's relevant
functional bureaus and personnel from the United States Agency for
International Development and other relevant Federal departments and
agencies.
(c) Duties.--The Office for Security Sector Assistance shall--
(1) create, respond to, and coordinate security sector
assistance strategies and plans, particularly in support of
development of interagency country strategies by United States
embassies and regular planning by regional bureaus of the
Department;
(2) maintain awareness of security sector assistance
programs administered by the Department, the United States
Agency for International Development, and other Federal
departments and agencies, including managing the Department's
review and concurrence process under section 333 of title 10,
United States Code;
(3) convene appropriate offices and personnel required for
working-level interagency coordination; and
(4) ensure awareness of and making use of best practices in
the design, implementation, monitoring and evaluation of
security sector assistance.
(d) Exception.--The requirements of this section shall not apply if
the Secretary certifies to the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign Relations of the
Senate that the Department has established an alternative mechanism for
the effective coordination of security sector assistance. Such
certification shall describe such alternative mechanism to achieve the
objectives described in this section.
SEC. 925. DATABASE FOR SECURITY ASSISTANCE.
(a) In General.--The President should seek to ensure that the
Department, the Department of Defense, and other appropriate Federal
agencies are able to share a common database of information that
permits the identification of security assistance programs and funding
by country.
(b) GAO Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the appropriate congressional committees a report that
assesses existing barriers to data sharing and exchanges that would
assist in planning, assessing, and tracking security sector assistance.
SEC. 926. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) means the Committee on Appropriations, the
Committee on Armed Services, and the Committee on
Foreign Affairs of the House of Representatives; and
(B) the Committee on Appropriations, the Committee
on Armed Services, and the Committee on Foreign
Relations of the Senate.
(2) Security sector assistance.--The term ``security sector
assistance'' means--
(A) assistance under chapter 8 (relating to
international narcotics control) of part I of the
Foreign Assistance Act of 1961;
(B) assistance under chapter 2 (military
assistance), chapter 5 (international military
education and training), chapter 6 (peacekeeping
operations), chapter 8 (antiterrorism assistance), and
chapter 9 (nonproliferation and export control
assistance) of part II of the Foreign Assistance Act of
1961;
(C) assistance under section 23 of the Arms Export
Control Act (relating to the Foreign Military Financing
program); or
(D) sales of defense articles or defense services,
extensions of credits (including participations in
credits), and guaranties of loans under the Arms Export
Control Act.
Subtitle C--Modifications of Authorities That Provide for Rescission of
Determinations of Countries as State Sponsors of Terrorism
SEC. 931. MODIFICATIONS OF AUTHORITIES THAT PROVIDE FOR RESCISSION OF
DETERMINATIONS OF COUNTRIES AS STATE SPONSORS OF
TERRORISM.
(a) Prohibition on Assistance to Governments Supporting
International Terrorism.--Section 620A of the Foreign Assistance Act of
1961 (22 U.S.C. 2371) is amended--
(1) in subsection (c)(2)--
(A) in the matter preceding subparagraph (A), by
striking ``45 days'' and inserting ``90 days''; and
(B) in subparagraph (A), by striking ``6-month
period'' and inserting ``24-month period'';
(2) by redesignating subsection (d) as subsection (e);
(3) by inserting after subsection (c) the following:
``(d) Disapproval of Rescission.--No rescission under subsection
(c)(2) of a determination under subsection (a) with respect to the
government of a country may be made if the Congress, within 90 days
after receipt of a report under subsection (c)(2), enacts a joint
resolution described in subsection (f)(2) of section 40 of the Arms
Export Control Act with respect to a rescission under subsection (f)(1)
of such section of a determination under subsection (d) of such section
with respect to the government of such country.'';
(4) in subsection (e) (as redesignated), in the matter
preceding paragraph (1), by striking ``may be'' and inserting
``may, on a case-by-case basis, be''; and
(5) by adding at the end the following new subsection:
``(f) Notification and Briefing.--Not later than--
``(1) ten days after initiating a review of the activities
of the government of the country concerned within the 24-month
period referred to in subsection (c)(2)(A), the President,
acting through the Secretary of State, shall notify the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate of such
initiation; and
``(2) 20 days after the notification described in paragraph
(1), the President, acting through the Secretary of State,
shall brief such committees on the status of such review.''.
(b) Arms Export Control Act.--Section 40 of the Arms Export Control
Act (22 U.S.C. 2780) is amended--
(1) in subsection (f)--
(A) in paragraph (1)(B)--
(i) in the matter preceding clause (i), by
striking ``45 days'' and inserting ``90 days'';
and
(ii) in clause (i), by striking ``6-month
period'' and inserting ``24-month period''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``45
days'' and inserting ``90 days''; and
(ii) in subparagraph (B), by striking ``45-
day period'' and inserting ``90-day period'';
(2) in subsection (g), in the matter preceding paragraph
(1), by striking ``may waive'' and inserting ``may, on a case-
by-case basis, waive'';
(3) by redesignating subsection (l) as subsection (m); and
(4) by inserting after subsection (k) the following new
subsection:
``(l) Notification and Briefing.--Not later than--
``(1) ten days after initiating a review of the activities
of the government of the country concerned within the 24-month
period referred to in subsection (f)(1)(B)(i), the President,
acting through the Secretary of State, shall notify the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate of such
initiation; and
``(2) 20 days after the notification described in paragraph
(1), the President, acting through the Secretary of State,
shall brief such committees on the status of such review.''.
(c) Export Administration Act of 1979.--
(1) In general.--Section 6(j) of the Export Administration
Act of 1979 (50 U.S.C. App. 2405(j)), as continued in effect
under the International Emergency Economic Powers Act, is
amended--
(A) in paragraph (4)(B)--
(i) in the matter preceding clause (i), by
striking ``45 days'' and inserting ``90 days'';
and
(ii) in clause (i), by striking ``6-month
period'' and inserting ``24-month period'';
(B) by redesignating paragraphs (6) and (7) as
paragraphs (7) and (8), respectively; and
(C) by inserting after paragraph (4) the following
new paragraphs:
``(5) Disapproval of Rescission.--No rescission under paragraph
(4)(B) of a determination under paragraph (1)(A) with respect to the
government of a country may be made if the Congress, within 90 days
after receipt of a report under paragraph (4)(B), enacts a joint
resolution described in subsection (f)(2) of section 40 of the Arms
Export Control Act with respect to a rescission under subsection (f)(1)
of such section of a determination under subsection (d) of such section
with respect to the government of such country.
``(6) Notification and Briefing.--Not later than--
``(A) ten days after initiating a review of the activities
of the government of the country concerned within the 24-month
period referred to in paragraph (4)(B)(i), the President,
acting through the Secretary and the Secretary of State, shall
notify the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate of such initiation; and
``(B) 20 days after the notification described in paragraph
(1), the President, acting through the Secretary and the
Secretary of State, shall brief such committees on the status
of such review.''.
(2) Regulations.--The President shall amend the Export
Administration Regulations under subchapter C of chapter VII of
title 15, Code of Federal Regulations, to the extent necessary
and appropriate to carry out the amendment made by paragraph
(1).
<all>