S. 1631 — what changed
Department of State Authorities Act, Fiscal Year 2018
From Introduced in Senate to Reported in Senate. 6 sections amended, 9 added, and 5 removed between Introduced in Senate and Reported in Senate.
Sec. 102 Reorganization authority
changed
Notification— Not later than 60 days before the Office of Management and Budget (OMB) submits its final Government-wide Reform Plan pursuant to the March 31, 2017 March 13, 2017, Executive Order 13781 entitled, “Comprehensive Plan for Reorganizing the Executive Branch”, the Secretary, in coordination with the Director of OMB and the USAID Administrator, shall report to the appropriate congressional committees on the details of the plans for the reorganization of the Department and USAID.
Elements— The report referred to in subsection (a) may be a brief or a written report and shall include the following elements:
The principles and goals of such reorganization.
The justification for the reorganization.
An assessment of the projected impact of the reorganization.
Recommendations for any legislative authorities required to implement the proposed reorganization.
added
Elements— The report referred to in subsection (a) may be a brief or a written report and shall include the following elements:
added
The principles and goals of such reorganization, including the timeline under which the proposed organizational changes will be implemented.
added
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.
added
An assessment of the projected impact of the reorganization on United States diplomacy and development efforts.
added
Recommendations for any legislative authorities required to implement the proposed reorganization.
renumbered
was (4)
Consultation— Not later than 30 days after the notification referred to in subsection (a), the Secretary, in coordination with the Director of OMB and the USAID Administrator, shall consult with the appropriate congressional committees regarding the reorganization plan.
renumbered
was (5)
Reporting or briefing requirement— Not later than 60 days after the notification referred to in subsection (a), the Secretary, in coordination with the Director of OMB and the USAID Administrator, shall—
renumbered
was (5)(3)
brief or submit a report to the appropriate congressional committees on how advice received pursuant to subsection (c) will be incorporated into the reform plan; or
renumbered
was (5)(4)
submit the plan to such committees.
renumbered
was (6)
Temporary limitation— The Department and USAID may not implement any provisions of the Government-wide Reform Plan until 30 days after the plan is submitted pursuant to subsection (a).
added
Temporary limitation— The Department and USAID shall not implement any provisions of the Government-wide Reform Plan until 60 days after it is submitted by OMB.
added
Limitation— Any plan for the reorganization of the Department and USAID—
added
shall preserve the independence of USAID and its authority to directly oversee its mission to end extreme poverty and promote resilient, democratic societies, while advancing the security and prosperity of the United States; and
added
may not involve the subordination of USAID to the Department or any other Federal agency.
renumbered
was (7)
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
added 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 as an independent establishment within the Executive branch.
removed
Sense of Congress— It is the sense of Congress that—
removed
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
removed
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.
removed
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—
removed
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);
removed
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;
removed
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;
removed
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;
removed
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);
removed
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;
removed
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;
removed
identify sources of strategic, institutional, programmatic, fiscal, and technological risk;
removed
analyze factors that may affect the diplomatic and development community’s performance in pursuing the efforts described in paragraph (4) during the following 10-year period; and
removed
identify extraordinary resources and statutory authorities that may be necessary to implement this strategy.
removed
Form— The plan required under subsection (b) shall be transmitted in both classified and unclassified form.
removed
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 the classified annex under subsection (c) to the appropriate congressional committees and to the Committees on Armed Services of the Senate and the House of Representatives.
Sec. 104 Office of Global Women’s Issues
removed
removed
In general— The Secretary should establish an Office of Global Women’s Issues (referred to in this section as the “Office”), and place the Office within the Department as the Secretary sees fit.
removed
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.
removed
Duties— The Office—
removed
should serve as the principal advisor to the Secretary regarding gender equality, women’s empowerment, and violence against women and girls as a foreign policy matter;
removed
should represent the United States in diplomatic and multilateral fora on matters relevant to the status of women and girls;
removed
should 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;
removed
should work to ensure that efforts to advance gender equality and women’s 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;
removed
should direct, as appropriate, United States resources to respond to needs for gender equality and empowerment of women in United States foreign policies and international programs;
removed
may design, support, and implement activities regarding empowerment of women internationally; and
removed
should conduct regular consultation with civil society organizations working to advance gender equality and empower women and girls internationally.
removed
Supervision— The Office should be headed by—
removed
a senior advisor to the appropriate Assistant Secretary; or
removed
an officer exercising significant authority who reports to the President or Secretary, appointed by and with the advice and consent of the Senate.
removed
Report— Not later than 180 days after the date of the enactment of this Act, the Secretary shall provide a report or briefing to the appropriate congressional committees of the steps taken to fulfill the duties of the Office set forth in subsection (c).
Sec. 105 Office of International Religious Freedom
removed
removed
In general— Section 101(c)(4) of the International Religious Freedom Act of 1998 (22 U.S.C. 6411(c)(4)) is amended—
removed
in subparagraph (A), by striking “; and” and inserting a semicolon;
removed
in subparagraph (B), by striking the period at the end and inserting “; and”; and
removed
by adding at the end the following new subparagraph:
removed
“(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.”
removed
In general— Section 59(a)(2) of the State Department Basic Authorities Act of 1956 is amended by adding at the end the following new subparagraph:
removed
“(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. 106 Bureau of Democracy, Human Rights, and Labor
removed
removed
In general— Subtitle A of the ADVANCE Democracy Act of 2007 (22 U.S.C. 8211 et seq.) is amended by adding at the end the following new section:
removed
“2114. Bureau of Democracy, Human Rights, and Labor
removed
“(a) Establishment—There should be established in the Department a Bureau of Democracy, Human Rights, and Labor (referred to in this section as the “Bureau”), which should be headed by the Assistant Secretary. All special envoys, ambassadors, and coordinators located within the Bureau shall report directly to the Assistant Secretary.
removed
“(b) Duties—The Bureau is authorized—
removed
“(1) to promote democracy and actively support human rights throughout the world in accordance with this subtitle;
removed
“(2) to promote the rule of law and good governance throughout the world;
removed
“(3) to strengthen civil society programs and organizations;
removed
“(4) to produce the annual Country Reports on Human Rights, in conjunction with embassies and regional bureaus;
removed
“(5) to lead the implementation of section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d; commonly known as the “Leahy Law”) and the Child Soldiers Act (22 U.S.C. 2370c et seq.), and to implement those provisions of the Arms Export Control Act (22 U.S.C. 2751 et seq.) related to human rights concerns; and
removed
“(6) coordinate programs to implement the May 2011 Department of State International Cyberspace Policy Strategy.
removed
“(c) Bilateral economic assistance programs—The Bureau is authorized to provide bilateral economic assistance from amounts appropriated or otherwise made available for the Economic Support Fund and other foreign assistance accounts to support activities described in subsection (b) and for the purpose of oversight and control of—
removed
“(1) the Human Rights and Democracy Fund;
removed
“(2) the Human Rights Defenders Fund;
removed
“(3) the Global Equality Fund;
removed
“(4) the Global Anti-Corruption Consortium; and
removed
“(5) the Global Internet Freedom Fund;
removed
“(d) Efficiency—The Assistant Secretary shall take whatever actions may be necessary to minimize the duplication of efforts within the Bureau.
removed
“(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.”
removed
Clerical amendment— The table of contents in section 1(b) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110–53) is amended by inserting after the item relating to section 2113 the following new item:
Sec. 107 Assistant Secretary for International Narcotics and Law Enforcement Affairs
removed
removed
Section 1(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)) is amended—
removed
by redesignating paragraph (3) as paragraph (4); and
removed
by inserting after paragraph (2) the following new paragraph:
removed
“(3) Assistant Secretary for International Narcotics and Law Enforcement Affairs
removed
“(A) In general—There should be in the Department of State an Assistant Secretary for International Narcotics and Law Enforcement Affairs who should be responsible to the Secretary for matters pertaining to international narcotics and law enforcement affairs in the conduct of foreign policy and such other related duties as the Secretary may from time to time designate.
removed
“(B) Areas of responsibility—The Assistant Secretary for International Narcotics and Law Enforcement Affairs should maintain continuous observation of and review all matters pertaining to international narcotics and law enforcement in the conduct of foreign policy, including the following matters:
removed
“(i) Combatting international narcotics production and trafficking, including the illicit cultivation of crops used to produce narcotics.
removed
“(ii) Strengthening foreign justice systems, including judicial and prosecutorial capacity, appeals systems, law enforcement agencies, and prison systems.
removed
“(iii) Training foreign military and police, including vetting all foreign personnel who receive such assistance from the United States Government.
removed
“(iv) Ensuring the inclusion of human rights issues in law enforcement programs, in consultation with the Assistant Secretary for Democracy, Human Rights, and Labor.
removed
“(v) Combating all forms of illicit trafficking, including human trafficking arms trafficking, and the illicit smuggling of bulk cash.
removed
“(vi) Identifying and responding to global corruption, including strengthening the capacity of foreign government institutions responsible for addressing financial crimes.”
Sec. 108 Office of International Disability Rights
removed
removed
Establishment— There should be established in the Department an Office of International Disability Rights (referred to in this section as the “Office”).
removed
Duties— The Office should—
removed
seek to ensure that all United States foreign operations are accessible to, and inclusive of, persons with disabilities;
removed
promote the human rights and full participation of persons with disabilities in all international development activities funded by the United States Government; and
removed
promote disability inclusive practices and the training of Department staff on soliciting quality programs that are fully inclusive of people with disabilities.
removed
Supervision— The Office may be headed by—
removed
a senior advisor to the appropriate Assistant Secretary; or
removed
an officer exercising significant authority who reports to the President or Secretary, appointed by and with the advice and consent of the Senate.
removed
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. 103104 National diplomacy and development strategy
added
added
Sense of Congress— It is the sense of Congress that—
added
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
added
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.
added
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—
added
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);
added
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;
added
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;
added
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;
added
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);
added
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;
added
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;
added
identify sources of strategic, institutional, programmatic, fiscal, and technological risk;
added
analyze factors that may affect the diplomatic and development community’s performance in pursuing the efforts described in paragraph (34) during the following 10-year period; and
added
identify extraordinary resources and statutory authorities that may be necessary to implement this strategy.
added
Form— The plan required under subsection (b) shall be transmitted in both classified and unclassified form.
added
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 the classified annex under subsection (c) to the appropriate congressional committees and to the Committees on Armed Services of the Senate and the House of Representatives.
Sec. 104105 Office of Global Women’s Issues
added
added
In general— The Secretary should establish an Office of Global Women’s Issues (referred to in this section as the “Office”), and place the Office within the Department as the Secretary sees fit.
added
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.
added
Duties— The Office—
added
should serve as the principal advisor to the Secretary regarding gender equality, women’s empowerment, and violence against women and girls as a foreign policy matter;
added
should represent the United States in diplomatic and multilateral fora on matters relevant to the status of women and girls;
added
should 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;
added
should work to ensure that efforts to advance gender equality and women’s 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;
added
should direct, as appropriate, United States resources to respond to needs for gender equality and empowerment of women in United States foreign policies and international programs;
added
may design, support, and implement activities regarding empowerment of women internationally; and
added
should conduct regular consultation with civil society organizations working to advance gender equality and empower women and girls internationally.
added
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 or Secretary with the advice and consent of the Senate.
added
a senior advisor to the appropriate Assistant Secretary; or
added
an officer exercising significant authority who reports to the President or Secretary, appointed by and with the advice and consent of the Senate.
added
Report— Not later than 180 days after the date of the enactment of this Act, the Secretary shall provide a report or briefing to the appropriate congressional committees of the steps taken to fulfill the duties of the Office set forth in subsection (c).
Sec. 105106 Office of International Religious Freedom
added
added
In general— Section 101(c)(4) of the International Religious Freedom Act of 1998 (22 U.S.C. 6411(c)(4)) is amended—
added
in subparagraph (A), by striking “; and” and inserting a semicolon;
added
in subparagraph (B), by striking the period at the end and inserting “; and”; and
added
by adding at the end the following new subparagraph:
added “(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.”
added
In general— Section 59(a)(2) of the State Department Basic Authorities Act of 1956 is amended by adding at the end the following new subparagraph:
added “(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. 106107 Bureau of Democracy, Human Rights, and Labor
added
added
In general— Subtitle A of the ADVANCE Democracy Act of 2007 (22 U.S.C. 8211 et seq.) is amended by adding at the end the following new section:
added “2114. Bureau of Democracy, Human Rights, and Labor
added “(a) Establishment—There should shall be established in the Department a Bureau of Democracy, Human Rights, and Labor (referred to in this section as the “Bureau”), which should shall be headed by the Assistant Secretary. All special envoys, ambassadors, and coordinators located within the Bureau shall report directly to the Assistant Secretary.
added “(b) Duties—The Bureau is authorized—
added “(1) to promote democracy and actively support human rights throughout the world in accordance with this subtitle;
added “(2) to promote the rule of law and good governance throughout the world;
added “(3) to strengthen civil society programs and organizations;
added “(4) to produce the annual Country Reports on Human Rights, in conjunction with embassies and regional bureaus;
added “(5) to lead the implementation of section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d; commonly known as the “Leahy Law”) and the Child Soldiers Act (22 U.S.C. 2370c et seq.), and to implement those provisions of the Arms Export Control Act (22 U.S.C. 2751 et seq.) related to human rights concerns; and
added “(6) coordinate programs to implement the May 2011 Department of State International Cyberspace Policy Strategy.
added “(c) Bilateral economic assistance programs—The Bureau is authorized to provide bilateral economic assistance from amounts appropriated or otherwise made available for the Economic Support Fund and other foreign assistance accounts to support activities described in subsection (b) and for the purpose of oversight and control of—
added “(1) the Human Rights and Democracy Fund;
added “(2) the Human Rights Defenders Fund;
added “(3) the Global Equality Fund;
added “(4) the Global Anti-Corruption Consortium; and
added “(5) the Global Internet Freedom Fund;
added “(d) Efficiency—The Assistant Secretary shall take whatever actions may be necessary to minimize the duplication of efforts within the Bureau.
added “(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.”
added
Clerical amendment— The table of contents in section 1(b) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110–53) is amended by inserting after the item relating to section 2113 the following new item:
Sec. 107108 Assistant Secretary for International Narcotics and Law Enforcement Affairs
addedadded Section 1(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)) is amended—
added
by redesignating paragraph (3) as paragraph (4); and
added
by inserting after paragraph (2) the following new paragraph:
added “(3) Assistant Secretary for International Narcotics and Law Enforcement Affairs
added “(A) In general—There should shall be in the Department of State an Assistant Secretary for International Narcotics and Law Enforcement Affairs who should shall be responsible to the Secretary for matters pertaining to international narcotics and law enforcement affairs in the conduct of foreign policy and such other related duties as the Secretary may from time to time designate.
added “(B) Areas of responsibility—The Assistant Secretary for International Narcotics and Law Enforcement Affairs should shall maintain continuous observation of and review all matters pertaining to international narcotics and law enforcement in the conduct of foreign policy, including the following matters:
added “(i) Combatting international narcotics production and trafficking, including the illicit cultivation of crops used to produce narcotics.
added “(ii) Strengthening foreign justice systems, including judicial and prosecutorial capacity, appeals systems, law enforcement agencies, and prison systems.
added “(iii) Training foreign military and police, including vetting all foreign personnel who receive such assistance from the United States Government.
added “(iv) Ensuring the inclusion of human rights issues in law enforcement programs, in consultation with the Assistant Secretary for Democracy, Human Rights, and Labor.
added “(v) Combating all forms of illicit trafficking, including human trafficking arms trafficking, and the illicit smuggling of bulk cash.
added “(vi) Identifying and responding to global corruption, including strengthening the capacity of foreign government institutions responsible for addressing financial crimes.”
Sec. 108109 Office of International Disability Rights
added
added
Establishment— There should be established in the Department an Office of International Disability Rights (referred to in this section as the “Office”).
added
Duties— The Office should—
added
seek to ensure that all United States foreign operations are accessible to, and inclusive of, persons with disabilities;
added
promote the human rights and full participation of persons with disabilities in all international development activities funded by the United States Government; and
added
promote disability inclusive practices and the training of Department staff on soliciting quality programs that are fully inclusive of people with disabilities.
added
Supervision— The Office may be headed by—
added
a senior advisor to the appropriate Assistant Secretary; or
added
an officer exercising significant authority who reports to the President or Secretary, appointed by and with the advice and consent of the Senate.
added
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. 202 Capital construction transparency
In general— Section 118 of the Department of State Authorities Act, Fiscal Year 2017 (22 U.S.C. 304) is amended—
changed
in the section heading, heading , by striking “Annual report on embassy construction costs” and inserting “Quarterly report on overseas capital construction projects”; and
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 Act, 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 that date of the enactment of an Act making appropriations for the Department of State, foreign operations, and related programs.
“(9) The current date of estimated completion.”
Sec. 204 Growth projections for new embassies and consulates
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 shall project growth over the estimated life of the facility using all available and relevant data, including—
relevant historical trends for Department personnel and personnel from other agencies represented at post;
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; and
reasonable assumptions about the strategic importance of the post over the life of the building.
added
reasonable assumptions about the strategic importance of the post over the life of the building; and
added
any other data that would be helpful in projecting the future growth of the post.
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.
Basis for estimates— The Department shall base its growth assumption for all NECs and NCCs on the estimates required under subsections (a) and (b).
Zero net growth requirement— The growth assumed for NECs and NCCs pursuant to subsection (c) should be offset by staff reductions at other posts such that there is zero net growth over the period covered by the Long-Range Overseas Building Plan required under section 206.
added
Congressional notification— Any congressional notification of site selection for a NEC or NCC submitted after the date of enactment of this Act shall include the growth assumption used pursuant to subsection (c).
Sec. 301 Special appointments
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—
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 Department 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
the justification supporting each of the Secretary’s recommendations made under paragraph (1).
Advice and consent— Not later than 90 days after the report required by subsection (a) is submitted to the appropriate congressional committees, the Secretary shall present any Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, or Special Advisor that is to be maintained by the Department and that is not expressly authorized by a provision of law enacted by Congress to the Committee on Foreign Relations for the advice and consent of the Senate.
Rule of construction regarding establishment of positions— Nothing in this section shall be construed as prohibiting the Secretary from establishing or maintaining any Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, or Special Advisor position so long as the appointee is established for a specified term and presented to the Committee on Foreign Relations for the advice and consent of the Senate within 90 days of appointment.
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, or Special Advisor for a limited period not longer than 180 days without seeking the advice and consent of the Senate if the Secretary notifies the Committee on Foreign Relations of the Senate at least 15 days prior to appointment, including—
a certification that the position is not expected to demand the exercise of significant authority pursuant to the laws of the United States;
a description of the duties and purpose of the appointment; and
the rationale for assigning the specific title.
Renewal of temporary appointment— Nothing in this section shall 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.
Funding restrictions—
Positions not presented for advice and consent— Beginning not later than 120 days after the date of the enactment of this Act, no funds may be obligated or expended for—
any Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, or Special Advisor position at the Department exercising significant authority pursuant to the laws of the United States that is not being served by an individual who has been presented to the Committee on Foreign Relations for the advice and consent of the Senate pursuant to subsection (b); or
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.
Temporary positions— No funds may be obligated or expended 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.
changed
Confirmation for authorized positions— No Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, or Special Advisor 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)) shall be appointed absent the advice and consent of the Senate.
Elimination of special representative and policy coordinator for burma— Section 7 of the Tom Lantos Block Burmese Jade Act of 2008 (Public Law 110–286; 50 U.S.C. 1701 note) is hereby repealed.
Sec. 307 Sense of Congress regarding certain fellowship programs
addedadded It is the Sense of Congress that—
added
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
added
the Secretary of State and the Administrator of the United States Agency for International Development should fulfill their obligations to each of the Fellows as defined in their original contractual agreement with each Fellow.
Sec. 507 Prohibition on contracting with certain telecommunications providers
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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 a list of covered contractors to be updated as frequently as the Secretary determines appropriate.
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Prohibition on contracts— The Secretary may not enter into a contract with a covered contractor on the list described under subsection (a).
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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.
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Waivers—
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In general— The President, or the Assistant to the President for National Security Affairs, may waive the requirements under subsection (b) if the President, or the Assistant to the President, determines that such waiver is justified for national security reasons.
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Secretary of state— 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.
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Covered contractor defined— In this section, the term covered contractor means a provider of telecommunications, telecommunications equipment, or information technology equipment, including hardware, software and 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 United States Intelligence Community’s 2017 assessment of worldwide threats to United States national security or any following worldwide threat assessment of the United States intelligence community.
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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
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Determination— Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall develop a process and timeframe for determining whether or not the Department of State purchased software, hardware, or services from Kaspersky Lab, Huawei, ZTE Corporation, or from any affiliates where 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.
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Report— Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on the findings pursuant to the review under subsection (a), and shall provide updates every 30 days thereafter until the review is complete.
Sec. 602 Improving research and evaluation of public diplomacy
In general— The Secretary shall—
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
make the findings of the research and evaluations conducted under paragraph (1) available to Congress.
Director of Research and Evaluation—
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.
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.
Responsibilities— The Director of Research and Evaluation shall—
coordinate and oversee the research and evaluation of public diplomacy programs of the Department—
to improve public diplomacy strategies and tactics; and
to ensure that programs are increasing the knowledge, understanding, and trust of the United States by relevant target audiences;
report to the Director of Policy and Planning;
routinely organize and oversee audience research, digital analytics, and impact evaluations across all public diplomacy bureaus and offices of the Department;
support embassy public affairs sections;
share appropriate public diplomacy research and evaluation information within the Department and with other Federal departments and agencies;
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
report quarterly 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.
Guidance and training— Not later than 180 days after the appointment of the Director of Research and Evaluation pursuant to paragraph (1), the Director shall create guidance and training 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.
Prioritizing research and evaluation—
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.
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.
Sense of Congress— It is the sense of Congress that the Department should allocate, for the purposes of research and evaluation of public diplomacy activities and programs pursuant to subsection (a)—
3 to 5 percent of program funds made available under the heading “educational and cultural exchange programs”; and
3 to 5 percent of program funds allocated for public diplomacy programs under the heading “diplomatic and consular programs”.
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Limited exemption— Chapter 35 of title 44, United States Code (commonly known as the “Paperwork Reduction Act”), Act”) shall not apply to collections of information directed at foreign individuals conducted by, or on behalf of, the Department for the purpose of audience research and impact evaluations, in accordance with the requirements under this section 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.) or the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.).
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 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.
Advisory Commission on Public Diplomacy—
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.
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.
Definitions— In this section:
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.
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.
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.