H.R. 3352 — what changed
Department of State Authorization Act of 2019
From Reported in House to Engrossed in House.
45 sections amended, 1 added, and 1 removed between Reported in House and Engrossed in House.
Sec. 104
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 following new subsections:
changed
“(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 AffairsAffairs.
“(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. 107
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 that includes the following:
(1)
A description of the duties, responsibilities, and number of staff of each existing Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, and other similar position at the Department.
(2)
Recommendations regarding whether to maintain in the Department each such position, 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 are not expressly authorized by a provision of law enacted by Congress.
(3)
Justifications supporting each of the Secretary’s recommendations under paragraph (2).
(b)
Advice and consent— Not later than 90 days after the submission of the report required under subsection (a), the President shall submit the name of each Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other person occupying a similar position at the Department exercising significant authority pursuant to the laws of the United States that is not expressly authorized by a provision of law enacted by Congress who is included in such report to the Committee on Foreign Relations of the Senate to seek 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 the name of the appointee for each such position is submitted to the Committee on Foreign Relations of the Senate, to seek the advice and consent of the Senate, not later than 90 days after each such appointment.
(d)
Limited exception for temporary appointments— The Secretary may maintain or establish a position with the title of Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Special Advisor, or a similar position not exercising significant authority pursuant to the laws of the United States for not longer than 180 days if the Secretary, not later than 15 days before the appointment of a person to such a position, submits to the appropriate congressional committees a notification that includes the following:
(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 position.
(3)
The rationale for giving the specific title to the position.
(e)
Renewal of temporary appointment— Nothing in this section may be construed as prohibiting the Secretary from renewing for a period not to exceed 180 days any position maintained or established under subsection (d) if the Secretary complies with the notification requirements contained in such subsection.
(f)
Funding restrictions—
(1)
Positions not submitted for advice and consent— No funds may be 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 if the name of the person appointed to such position has not been submitted to the Committee on Foreign Relations of the Senate for the advice and consent of the Senate in accordance with subsection (b); or
(B)
any staff or resources related to such a position until the person appointed to such position has been submitted to the Committee on Foreign Relations of the Senate for the advice and consent of the Senate.
(2)
Temporary positions— No funds may be 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 requirements under such subsection.
(3)
Fiscal year 2020— The restrictions described in this subsection shall not apply in fiscal year 2020 to positions or associated staff and resources for which funding is expressly appropriated for such fiscal year in an Act of Congress.
(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 an Act of 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 without the advice and consent of the Senate.
(2)
Fiscal year 2020— The restriction described in paragraph (1) shall not apply in fiscal year 2020 to positions or associated staff and resources for which funding is expressly appropriated for such fiscal year in an Act of Congress.
(h)
Elimination of Special Representative and Policy Coordinator for Burma—
(1)
renumbered
was (9)(2)
Findings— Congress finds the following:
(A)
renumbered
was (9)(2)(3)
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.
(B)
renumbered
was (9)(2)(4)
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.
(2)
renumbered
was (9)(3)
Repeal— Section 7 of the Tom Lantos Block Burmese Jade (Junta’s Anti-Democratic Efforts) Act of 2008 (Public Law 110–286; 50 U.S.C. 1701 note; relating to the establishment of a Special Representative and Policy Coordinator for Burma) is hereby repealed.
Sec. 110
Classification and assignment of Foreign Service officers
changed
Section 701 of the The Foreign Service Act of 1980 (22 U.S.C. 4021) is amended—
(1)
changed
in section 501 (22 U.S.C. 3981), by redesignating subsection (g) inserting “If a position designated under this section is unfilled for more than 365 calendar days, such position may be filled, as subsection (h); appropriate, on a temporary basis, in accordance with section 309.” after “Positions designated under this section are excepted from the competitive service.”; and
(2)
changed
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 subsection (f) the following new subsection:“geographic area”.
removed
“(g)
removed
“(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:
removed
“(A) Design and implementation of a degree granting program at the institution.
removed
“(B) Curriculum development.
removed
“(C) Training and classes for Members of Congress and congressional staff.
removed
“(D) Hiring retired Department of State personnel to teach, notwithstanding other hiring limitations.
removed
“(E) Other purposes as determined appropriate and necessary by the Secretary of State.
removed
“(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.
removed
“(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 information relating to the nature and amounts of any contributions made.”
Sec. 111
Energy diplomacy and security within the Department of State
(a)
added
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 103 of this Act, is further amended—
(1)
added
by redesignating paragraph (4) (as redesignated pursuant to such section 103) as paragraph (5); and
(2)
added
by inserting after paragraph (3) the following new paragraph:
added
“(4) Energy resources
added
“(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.
added
“(B) Personnel—The Secretary of State shall ensure that there are sufficient personnel dedicated to energy matters within the Department of State whose responsibilities shall include—
added
“(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;
added
“(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;
added
“(iii) incorporating energy security priorities into the activities of the Department;
added
“(iv) coordinating energy activities of the Department with relevant Federal departments and agencies; and
added
“(v) working internationally to—
added
“(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;
added
“(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;
added
“(III) resolve international disputes regarding the exploration, development, production, or distribution of energy resources;
added
“(IV) support the economic and commercial interests of United States persons operating in the energy markets of foreign countries;
added
“(V) support and coordinate international efforts to alleviate energy poverty;
added
“(VI) leading the United States commitment to the Extractive Industries Transparency Initiative;
added
“(VII) coordinating within the Department and with relevant Federal departments and agencies on developing and implementing international energy-related sanctions; and
added
“(VIII) coordinating energy security and other relevant functions within the Department currently undertaken by—
added
“(aa) the Bureau of Economic and Business Affairs;
added
“(bb) the Bureau of Oceans and International Environmental and Scientific Affairs; and
added
“(cc) other offices within the Department of State.”
removed
The Foreign Service Act of 1980 is amended—
(b)
changed
Conforming amendment— in section 501 (22 Section 931 of the Energy Independence and Security Act of 2007 (42 U.S.C. 3981), by inserting “If a position designated under this section 17371) is unfilled for more than 365 calendar days, such position may be filled, as appropriate, on a temporary basis, in accordance with section 309.” after “Positions designated under this section are excepted from the competitive service.”; andamended—
(1)
added
by striking subsections (a) and (b); and
(2)
added
by redesignating subsections (c) and (d) as subsections (a) and (b), respectively.
(2)
removed
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”.
added
Paragraph (2) of section 1(b) of the Passport Act of June 4, 1920 (22 U.S.C. 214(b)) is amended by striking “not” and all that follows through the period at the end and inserting the following: “be exercised beginning on the date of the enactment of the Department of State Authorization Act of 2019.”.
(a)
removed
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 103 of this Act, is further amended—
(1)
removed
by redesignating paragraph (4) (as redesignated pursuant to such section 103) as paragraph (5); and
(2)
removed
by inserting after paragraph (3) the following new paragraph:
removed
“(4) Energy resources
removed
“(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.
removed
“(B) Personnel—The Secretary of State shall ensure that there are sufficient personnel dedicated to energy matters within the Department of State whose responsibilities shall include—
removed
“(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;
removed
“(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;
removed
“(iii) incorporating energy security priorities into the activities of the Department;
removed
“(iv) coordinating energy activities of the Department with relevant Federal departments and agencies; and
removed
“(v) working internationally to—
removed
“(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;
removed
“(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;
removed
“(III) resolve international disputes regarding the exploration, development, production, or distribution of energy resources;
removed
“(IV) support the economic and commercial interests of United States persons operating in the energy markets of foreign countries;
removed
“(V) support and coordinate international efforts to alleviate energy poverty;
removed
“(VI) leading the United States commitment to the Extractive Industries Transparency Initiative;
removed
“(VII) coordinating within the Department and with relevant Federal departments and agencies on developing and implementing international energy-related sanctions; and
removed
“(VIII) coordinating energy security and other relevant functions within the Department currently undertaken by—
removed
“(aa) the Bureau of Economic and Business Affairs;
removed
“(bb) the Bureau of Oceans and International Environmental and Scientific Affairs; and
removed
“(cc) other offices within the Department of State.”
(b)
removed
Conforming amendment— Section 931 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17371) is amended—
(1)
removed
by striking subsections (a) and (b); and
(2)
removed
by redesignating subsections (c) and (d) as subsections (a) and (b), respectively.
Sec. 113
United States diplomacy center
changed
Paragraph (2) of section 1(b) Title I of the Passport State Department Basic Authorities Act of June 4, 1920 (22 U.S.C. 214(b)) 1956 is amended by striking “not” and all that follows through the period at the end and inserting the following: “be exercised beginning on the date of the enactment of adding after section 63 (22 U.S.C. 2735) the Department of State Authorization Act of 2019.”.following new section:
added
“64. United States diplomacy center
added
“(a) Activities
added
“(1) Support authorized—The Secretary of State is authorized to provide, by contract, grant, or otherwise, for the performance of appropriate museum visitor and educational outreach services and related events, including organizing programs and conference activities, museum shop services and food services in the public exhibition and related space utilized by the center for United States diplomacy.
added
“(2) Recovery of costs—The Secretary of State is authorized to recover any revenues generated under the authority of paragraph (1) for visitor and outreach services and related events referred to in such paragraph, including fees for use of facilities at a center for United States diplomacy. Any such revenues may be retained as a recovery of the costs of operating the Center.
added
“(b) Disposition of United States diplomacy center documents, artifacts, and other articles
added
“(1) Property—All historic documents, artifacts, or other articles permanently acquired by the Department of State and determined by the Secretary of State to be suitable for display by the center for United States diplomacy shall be considered to be the property of the United States Government and shall be subject to disposition solely in accordance with this subsection.
added
“(2) Sale, trade, or transfer—Whenever the Secretary of State makes the determination described in paragraph (3) with respect to a document, artifact, or other article under paragraph (1), the Secretary may sell at fair market value, trade, or transfer such document, artifact, or other article without regard to the requirements of subtitle I of title 40, United States Code. The proceeds of any such sale may be used solely for the advancement of the mission of the center for United States diplomacy and may not be used for any purpose other than the acquisition and direct care of the collections of the center.
added
“(3) Determinations prior to sale, trade, or transfer—The determination described in this paragraph with respect to a document, artifact, or other article under paragraph (1), is a determination that—
added
“(A) such document, artifact, or other article no longer serves to further the purposes of the center for United States diplomacy as set forth in the collections management policy of the center;
added
“(B) the sale, trade, or transfer of such document, artifact, or other article would serve to maintain the standards of the collection of the center; or
added
“(C) sale, trade, or transfer of such document, artifact, or other article would be in the best interests of the United States.
added
“(4) Loans—In addition to the authorization under paragraph (2) relating to the sale, trade, or transfer of documents, artifacts, or other articles under paragraph (1), the Secretary of State may loan such documents, artifacts, or other articles, when not needed for use or display by the center for United States diplomacy to the Smithsonian Institution or a similar institution for repair, study, or exhibition.”
Sec. 114
Extension of period for reimbursement of fishermen for costs incurred from the illegal seizure and detention of U.S.-flag fishing vessels by foreign governments
(a)
added
In general— Subsection (e) of section 7 of the Fishermen’s Protective Act of 1967 (22 U.S.C. 1977) is amended to read as follows:
added
“(e) Amounts—Payments may be made under this section only to such extent and in such amounts as are provided in advance in appropriation Acts.”
(b)
added
Retroactive applicability—
(1)
added
Effective date— The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and apply as if the date specified in subsection (e) of section 7 of the Fishermen’s Protective Act of 1967, as in effect on the day before the date of the enactment of this Act, were the day after such date of enactment.
(2)
added
Agreements and payments— The Secretary shall—
(A)
added
enter into agreements pursuant to section 7 of the Fishermen’s Protective Act of 1967 for any claims to which such section would otherwise apply but for the date specified in subsection (e) of such section, as in effect on the day before the date of the enactment of this Act; and
(B)
added
make payments in accordance with agreements entered into pursuant to such section if any such payments have not been made as a result of the expiration of the date specified in such section, as in effect on the day before the date of the enactment of this Act.
removed
Title I of the State Department Basic Authorities Act of 1956 is amended by adding after section 63 (22 U.S.C. 2735) the following new section:
removed
“64. United States diplomacy center
removed
“(a) Activities
removed
“(1) Support authorized—The Secretary of State is authorized to provide, by contract, grant, or otherwise, for the performance of appropriate museum visitor and educational outreach services and related events, including organizing programs and conference activities, museum shop services and food services in the public exhibition and related space utilized by the center for United States diplomacy.
removed
“(2) Recovery of costs—The Secretary of State is authorized to recover any revenues generated under the authority of paragraph (1) for visitor and outreach services and related events referred to in such paragraph, including fees for use of facilities at a center for United States diplomacy. Any such revenues may be retained as a recovery of the costs of operating the Center.
removed
“(b) Disposition of United States diplomacy center documents, artifacts, and other articles
removed
“(1) Property—All historic documents, artifacts, or other articles permanently acquired by the Department of State and determined by the Secretary of State to be suitable for display by the center for United States diplomacy shall be considered to be the property of the United States Government and shall be subject to disposition solely in accordance with this subsection.
removed
“(2) Sale, trade, or transfer—Whenever the Secretary of State makes the determination described in paragraph (3) with respect to a document, artifact, or other article under paragraph (1), the Secretary may sell at fair market value, trade, or transfer such document, artifact, or other article without regard to the requirements of subtitle I of title 40, United States Code. The proceeds of any such sale may be used solely for the advancement of the mission of the center for United States diplomacy and may not be used for any purpose other than the acquisition and direct care of the collections of the center.
removed
“(3) Determinations prior to sale, trade, or transfer—The determination described in this paragraph with respect to a document, artifact, or other article under paragraph (1), is a determination that—
removed
“(A) such document, artifact, or other article no longer serves to further the purposes of the center for United States diplomacy as set forth in the collections management policy of the center;
removed
“(B) the sale, trade, or transfer of such document, artifact, or other article would serve to maintain the standards of the collection of the center; or
removed
“(C) sale, trade, or transfer of such document, artifact, or other article would be in the best interests of the United States.
removed
“(4) Loans—In addition to the authorization under paragraph (2) relating to the sale, trade, or transfer of documents, artifacts, or other articles under paragraph (1), the Secretary of State may loan such documents, artifacts, or other articles, when not needed for use or display by the center for United States diplomacy to the Smithsonian Institution or a similar institution for repair, study, or exhibition.”
Sec. 115
Art in embassies
(a)
changed
In general— Subsection (e) No funds are authorized to be appropriated for the purchase of section 7 any piece of art for the Fishermen’s Protective Act purposes of 1967 (22 U.S.C. 1977) installation or display in any embassy, consulate, or other foreign mission of the United States if the purchase price of such piece of art is amended in excess of $50,000, unless such purchase is subject to read as follows:prior consultation with, and the regular notification procedures of, the appropriate congressional committees.
(b)
added
Report— Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on the costs of the Art in Embassies Program for each of fiscal years 2012, 2013, and 2014.
(c)
added
Sunset— This section shall terminate on the date that is 2 years after the date of the enactment of this Act.
(d)
added
Definition— In this section, the term “art” includes paintings, sculptures, photographs, industrial design, and craft art.
removed
“(e) Amounts—Payments may be made under this section only to such extent and in such amounts as are provided in advance in appropriation Acts.”
(b)
removed
Retroactive applicability—
(1)
removed
Effective date— The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and apply as if the date specified in subsection (e) of section 7 of the Fishermen’s Protective Act of 1967, as in effect on the day before the date of the enactment of this Act, were the day after such date of enactment.
(2)
removed
Agreements and payments— The Secretary shall—
(A)
removed
enter into agreements pursuant to section 7 of the Fishermen’s Protective Act of 1967 for any claims to which such section would otherwise apply but for the date specified in subsection (e) of such section, as in effect on the day before the date of the enactment of this Act; and
(B)
removed
make payments in accordance with agreements entered into pursuant to such section if any such payments have not been made as a result of the expiration of the date specified in such section, as in effect on the day before the date of the enactment of this Act.
Sec. 116
Amendment or repeal of reporting requirements
(1)
added
In general— Section 570 of Public Law 104–208 is amended—
(A)
added
by amending subsection (c) to read as follows:
added
“(c) Multilateral strategy—The President shall develop, in coordination with members of ASEAN and other likeminded countries, a comprehensive, multilateral strategy to bring about further democratic consolidation in Burma and improve human rights practices and the quality of life in Burma, including the development of a dialogue leading to genuine national reconciliation.”
(B)
added
in subsection (d)—
(i)
added
in the matter preceding paragraph (1), by striking “six months” and inserting “year”;
(ii)
added
by redesignating paragraph (3) as paragraph (7); and
(iii)
added
by inserting after paragraph (2) the following new paragraphs:
added
“(3) improvements in human rights practices;
added
“(4) progress toward broad-based and inclusive economic growth;
added
“(5) progress toward genuine national reconciliation;
added
“(6) progress on improving the quality of life of the Burmese people, including progress relating to market reforms, living standards, labor standards, use of forced labor in the tourism industry, and environmental quality; and”
(2)
added
Effective date— The amendments made by paragraph (1) shall take effect on the date of the enactment of this Act and apply with respect to the first report required under subsection (d) of section 570 of Public Law 104–208 that is required after the date of the enactment of this Act.
(a)
removed
In general— No funds are authorized to be appropriated for the purchase of any piece of art for the purposes of installation or display in any embassy, consulate, or other foreign mission of the United States if the purchase price of such piece of art is in excess of $50,000, unless such purchase is subject to prior consultation with, and the regular notification procedures of, the appropriate congressional committees.
(b)
changed
Report—Repeals— Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on the costs of the Art in Embassies Program for each The following provisions of fiscal years 2012, 2013, and 2014.law are hereby repealed:
(1)
added
Subsection (b) of section 804 of Public Law 101–246.
(2)
added
Section 6 of Public Law 104–45.
(3)
added
Section 406 of Public Law 101–246 (22 U.S.C. 2414a).
(4)
added
Subsection (c) of section 702 of Public Law 96–465 (22 U.S.C. 4022).
(c)
removed
Sunset— This section shall terminate on the date that is two years after the date of the enactment of this Act.
(d)
removed
Definition— In this section, the term “art” includes paintings, sculptures, photographs, industrial design, and craft art.
Sec. 117
Reporting on implementation of GAO recommendations
(a)
added
Initial report— Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report that lists all of the Government Accountability Office’s recommendations relating to the Department that have not been fully implemented.
(1)
removed
In general— Section 570 of Public Law 104–208 is amended—
(A)
removed
by amending subsection (c) to read as follows:
removed
“(c) Multilateral strategy—The President shall develop, in coordination with members of ASEAN and other likeminded countries, a comprehensive, multilateral strategy to bring about further democratic consolidation in Burma and improve human rights practices and the quality of life in Burma, including the development of a dialogue leading to genuine national reconciliation.”
(B)
removed
in subsection (d)—
(i)
removed
in the matter preceding paragraph (1), by striking “six months” and inserting “year”;
(ii)
removed
by redesignating paragraph (3) as paragraph (7); and
(iii)
removed
by inserting after paragraph (2) the following new paragraphs:
removed
“(3) improvements in human rights practices;
removed
“(4) progress toward broad-based and inclusive economic growth;
removed
“(5) progress toward genuine national reconciliation;
removed
“(6) progress on improving the quality of life of the Burmese people, including progress relating to market reforms, living standards, labor standards, use of forced labor in the tourism industry, and environmental quality; and”
(2)
removed
Effective date— The amendments made by paragraph (1) shall take effect on the date of the enactment of this Act and apply with respect to the first report required under subsection (d) of section 570 of Public Law 104–208 that is required after the date of the enactment of this Act.
(b)
changed
Repeals—Comptroller general report— The following provisions Not later than 30 days after the Secretary submits the report under subsection (a), the Comptroller General of law are hereby repealed:the United States shall submit to the appropriate congressional committees a report that identifies any discrepancies between the list of recommendations included in such report and the Government Accountability Office’s list of outstanding recommendations for the Department.
(c)
added
Implementation report—
(1)
added
In general— Not later than 120 days after the date of the submission of the Comptroller General’s report under subsection (b), the Secretary shall submit to the appropriate congressional committees a report that describes the implementation status of each recommendation from the Government Accountability Office included in the report submitted under subsection (a).
(2)
added
Justification— The report under paragraph (1) shall include—
(A)
added
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)
added
a timeline for the full implementation of any recommendation the Secretary has decided to adopt, but has not yet fully implemented; and
(C)
added
an explanation for any discrepancies included in the Comptroller General report submitted under subsection (b).
(d)
added
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.
(1)
removed
Subsection (b) of section 804 of Public Law 101–246.
(2)
removed
Section 6 of Public Law 104–45.
(3)
removed
Section 406 of Public Law 101–246 (22 U.S.C. 2414a).
(4)
removed
Subsection (c) of section 702 of Public Law 96–465 (22 U.S.C. 4022).
Sec. 118
Office of Global Criminal Justice
(a)
changed
Initial report—In general— Not later than 120 days after the date of There should be established within the enactment Department an Office of Global Criminal Justice (referred to in this Act, section as the Secretary shall submit to “Office”), which may be placed within the appropriate congressional committees a report that lists all organizational structure of the Government Accountability Office’s recommendations relating to the Department that have not been fully implemented.at the discretion of the Secretary.
(b)
changed
Comptroller general report—Duties— Not later than 30 days after the Secretary submits the report under subsection (a), the Comptroller General of the United States shall submit to the appropriate congressional committees a report that identifies any discrepancies between the list of recommendations included in such report and the Government Accountability Office’s list of outstanding recommendations for The Office should carry out the Department.following:
(1)
added
Advise the Secretary and other relevant senior officials on issues related to war crimes, crimes against humanity, and genocide.
(2)
added
Assist in formulating United States policy on the prevention of, responses to, and accountability for mass atrocities.
(3)
added
Coordinate United States Government positions relating to the international and hybrid courts currently prosecuting persons responsible for genocide, war crimes, and crimes against humanity anywhere in the world.
(4)
added
Work with other governments, international organizations, and nongovernmental organizations, as appropriate, to establish and assist international and domestic commissions of inquiry, fact-finding missions, and tribunals to investigate, document, and prosecute atrocities in every region of the globe.
(5)
added
Coordinate the deployment of diplomatic, legal, economic, military, and other tools to help expose the truth, judge those responsible, protect and assist victims, enable reconciliation, deter atrocities, and build the rule of law.
(6)
added
Provide advice and expertise on transitional justice to United States personnel operating in conflict and post-conflict environments.
(7)
added
Act as a point of contact for international, hybrid, and mixed tribunals exercising jurisdiction over war crimes, crimes against humanity, and genocide committed around the world.
(8)
added
Represent the Department on any interagency whole-of-government coordinating entities addressing genocide and other mass atrocities.
(9)
added
Perform any additional duties and exercise such powers as the Secretary of State may prescribe.
(c)
added
Supervision— The Office should be led by an Ambassador-at-Large for Global Criminal Justice.
(c)
removed
Implementation report—
(1)
removed
In general— Not later than 120 days after the date of the submission of the Comptroller General’s report under subsection (b), the Secretary shall submit to the appropriate congressional committees a report that describes the implementation status of each recommendation from the Government Accountability Office included in the report submitted under subsection (a).
(2)
removed
Justification— The report under paragraph (1) shall include—
(A)
removed
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)
removed
a timeline for the full implementation of any recommendation the Secretary has decided to adopt, but has not yet fully implemented; and
(C)
removed
an explanation for any discrepancies included in the Comptroller General report submitted under subsection (b).
(d)
removed
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. 119
Office of Global Criminal Justice
removed
(a)
removed
In general— There should be established within the Department an Office of Global Criminal Justice (referred to in this section as the “Office”), which may be placed within the organizational structure of the Department at the discretion of the Secretary.
(b)
removed
Duties— The Office should carry out the following:
(1)
removed
Advise the Secretary and other relevant senior officials on issues related to war crimes, crimes against humanity, and genocide.
(2)
removed
Assist in formulating United States policy on the prevention of, responses to, and accountability for mass atrocities.
(3)
removed
Coordinate United States Government positions relating to the international and hybrid courts currently prosecuting persons responsible for genocide, war crimes, and crimes against humanity anywhere in the world.
(4)
removed
Work with other governments, international organizations, and nongovernmental organizations, as appropriate, to establish and assist international and domestic commissions of inquiry, fact-finding missions, and tribunals to investigate, document, and prosecute atrocities in every region of the globe.
(5)
removed
Coordinate the deployment of diplomatic, legal, economic, military, and other tools to help expose the truth, judge those responsible, protect and assist victims, enable reconciliation, deter atrocities, and build the rule of law.
(6)
removed
Provide advice and expertise on transitional justice to United States personnel operating in conflict and post-conflict environments.
(7)
removed
Act as a point of contact for international, hybrid, and mixed tribunals exercising jurisdiction over war crimes, crimes against humanity, and genocide committed around the world.
(8)
removed
Represent the Department on any interagency whole-of-government coordinating entities addressing genocide and other mass atrocities.
(9)
removed
Perform any additional duties and exercise such powers as the Secretary of State may prescribe.
(c)
removed
Supervision— The Office should be led by an Ambassador-at-Large for Global Criminal Justice.
Sec. 202
Standard design in capital construction
(a)
Sense of Congress— It is the sense of Congress that the Department’s Bureau of Overseas Building Operations (OBO) or successor office should give appropriate consideration to standardization in construction, in which each new United States embassy and consulate starts with a standard design and keeps customization to a minimum.
(b)
Consultation— The Secretary shall carry out any new United States embassy compound or new consulate compound project that utilizes a non-standard design, including those projects that are in the design or pre-design phase as of the date of the enactment of this Act, only in consultation with the appropriate congressional committees. The Secretary shall provide the appropriate congressional committees, for each such project, the following documentation:
(1)
A comparison of the estimated full lifecycle costs of the project to the estimated full lifecycle costs of such project if it were to use a standard design.
(2)
A comparison of the estimated completion date of such project to the estimated completion date of such project if it were to use a standard design.
(3)
A comparison of the security of the completed project to the security of such completed project if it were to use a standard design.
(4)
A justification for the Secretary’s selection of a non-standard design over a standard design for such project.
(5)
A written explanation if any of the documentation necessary to support the comparisons and justification, as the case may be, described in paragraphs (1) through (4) cannot be provided.
(c)
changed
Sunset— The consultation requirement under subsection (b) shall expire on the date that is four 4 years after the date of the enactment of this Act.
Sec. 203
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 “Biannual report on overseas capital construction projects”; and
(2)
by striking subsections (a) and (b) and inserting the following new subsections:
changed
“(a) In general—Not later than 180 days after the date of the enactment of this subsection and every 180 days thereafter until the date that is four 4 years after such date of enactment, the Secretary shall submit to the appropriate congressional committees a comprehensive report regarding all ongoing overseas capital construction projects and major embassy security upgrade projects.
“(b) Contents—Each report required under subsection (a) shall include the following with respect to each ongoing overseas capital construction project and major embassy security upgrade project:
“(1) The initial cost estimate as specified in the proposed allocation of capital construction and maintenance funds required by the Committees on Appropriations for Acts making appropriations for the Department of State, foreign operations, and related programs.
“(2) The current cost estimate.
“(3) The value of each request for equitable adjustment received by the Department to date.
“(4) The value of each certified claim received by the Department to date.
“(5) The value of any usage of the project’s contingency fund to date and the value of the remainder of the project’s contingency fund.
“(6) An enumerated list of each request for adjustment and certified claim that remains outstanding or unresolved.
“(7) An enumerated list of each request for equitable adjustment and certified claim that has been fully adjudicated or that the Department has settled, and the final dollar amount of each adjudication or settlement.
“(8) The date of estimated completion specified in the proposed allocation of capital construction and maintenance funds required by the Committees on Appropriations not later than 45 days after the date of the enactment of an Act making appropriations for the Department of State, foreign operations, and related programs.
“(9) The current date of estimated completion.”
(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. 206
Long-range planning process
(1)
changed
In general— Not later than 180 days after the date of the enactment of this Act and annually thereafter for five 5 years, the Secretary shall develop—
(A)
changed
a comprehensive six-year 6-year plan documenting the Department’s overseas building program for the replacement of overseas diplomatic posts taking into account security factors under the Secure Embassy Construction and Counterterrorism Act of 1999 and other relevant statutes and regulations, as well as occupational safety and health factors pursuant to the Occupational Safety and Health Act of 1970 and other relevant statutes and regulations, including environmental factors such as indoor air quality that impact employee health and safety; and
(B)
changed
a comprehensive six-year 6-year plan detailing the Department’s long-term planning for the maintenance and sustainment of completed diplomatic posts, which takes into account security factors under the Secure Embassy Construction and Counterterrorism Act of 1999 and other relevant statutes and regulations, as well as occupational safety and health factors pursuant to the Occupational Safety and Health Act of 1970 and other relevant statutes and regulations, including environmental factors such as indoor air quality that impact employee health and safety.
(2)
Initial report— The first plan developed pursuant to paragraph (1)(A) shall also include a one-time status report on existing small diplomatic posts and a strategy for establishing a physical diplomatic presence in countries in which there is no current physical diplomatic presence. 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 each of the plans developed pursuant to paragraph (1) shall highlight any changes from the previous year’s plan to the ordering of construction and maintenance projects.
(b)
Reporting requirements—
(1)
Submission of plans to congress— Not later than 60 days after the completion of each plan required under subsection (a), the Secretary shall submit the plans to the appropriate congressional committees.
(2)
Reference in budget justification materials— In the budget justification materials submitted to the appropriate congressional committees in support of the Department’s budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code), the plans required under subsection (a) shall be referenced to justify funding requested for building and maintenance projects overseas.
(3)
Form of report— Each report required under paragraph (1) shall be submitted in unclassified form but may include a classified annex.
(c)
Small diplomatic post defined— In this section, the term small diplomatic post means any United States embassy or consulate that has employed five or fewer United States Government employees on average over the 36 months prior to the date of the enactment of this Act.
Sec. 210
Overseas security briefings
changed
Not later than one 1 year after the date of the enactment of this Act, the Secretary shall revise the Foreign Affairs Manual to stipulate that information on the current threat environment shall be provided to all United States Government employees under chief of mission authority traveling to a foreign country on official business. To the extent practicable, such material shall be provided to such employees prior to their arrival at a United States diplomatic post or as soon as possible thereafter.
Sec. 308
Foreign Service awards
(a)
In general— Section 614 of the Foreign Service Act of 1980 (22 U.S.C. 4013) is amended—
(1)
changed
by amending the section heading to read as follows: “Department awards”; 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. 309
Diplomatic programs
(a)
Sense of Congress on workforce recruitment— It is the sense of Congress that the Secretary should continue to hold entry-level classes for Foreign Service officers and specialists and continue to recruit civil servants through programs such as the Presidential Management Fellows Program and Pathways Internship Programs in a manner and at a frequency consistent with prior years and consistent with the need to maintain a pool of experienced personnel effectively distributed across skill codes and ranks. It is further the sense of Congress that absent continuous recruitment and training of Foreign Service officers and civil servants, the Department will lack experienced, qualified personnel in the short, medium, and long terms.
(b)
changed
Limitation— The Secretary may not obligate or expend any amounts for implement any reduction-in-force action under section 3502 or 3595 of title 5, United States Code, or for any incentive payments for early separation or retirement under any other provision of law unless—
(1)
the appropriate congressional committees are notified not less than 15 days in advance of such obligation or expenditure; and
(2)
the Secretary has provided to the appropriate congressional committees a detailed report that describes the Department’s strategic staffing goals, including—
(A)
a justification that describes how any proposed workforce reduction enhances the effectiveness of the Department;
(B)
a certification that such workforce reduction is in the national interest of the United States;
(C)
changed
a comprehensive strategic staffing plan for the Department, including five-year 5-year workforce forecasting and a description of the anticipated impact of any proposed workforce reduction; and
(D)
a dataset displaying comprehensive workforce data for all current and planned employees of the Department, disaggregated by—
(i)
Foreign Service officer and Foreign Service specialist rank;
(ii)
civil service job skill code, grade level, and bureau of assignment;
(iii)
contracted employees, including the equivalent job skill code and bureau of assignment; and
(iv)
employees hired under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, including their equivalent grade and job skill code and bureau of assignment.
Sec. 312
Recall and reemployment of career members
(a)
Sense of Congress— It is the sense of Congress that—
(1)
career Department employees provide invaluable service to the United States as nonpartisan professionals who contribute subject matter expertise and professional skills to the successful development and execution of United States foreign policy; and
(2)
re-employment of skilled former members of the Foreign and civil service who have voluntarily separated from the Foreign or civil service due to family reasons or to obtain professional skills outside government is of benefit to the Department.
(b)
changed
Reemployment— Subsection (b) of section 308 of the Foreign Service Act of 1980 (22 U.S.C. 3948) is amended by adding at the end the following new sentence: “Former career tenured members of the Service seeking reappointment, if separated for other than cause for up to three 3 years prior to the date of the enactment of this sentence, shall be eligible to participate in the regular assignment bidding process without restriction and shall not be required to accept a directed first assignment upon reappointment.”.
(c)
Notice of employment opportunities—
(1)
In general— Title 5, United States Code, is amended by inserting after chapter 102 the following new chapter:
“103 Notice of employment opportunities for Department of State and USAID positions
“10301. Notice of Employment Opportunities for Department of State and USAID positions
“To ensure that individuals who have separated from the Department of State or the United States Agency for International Development and who are eligible for reappointment are aware of such opportunities, the Department of State and the United States Agency for International Development shall publicize notice of all employment opportunities, including positions for which the relevant agency is accepting applications from individuals within the agency’s workforce under merit promotion procedures, on publicly accessible sites, including www.usajobs.gov. If using merit promotion procedures, the notice shall expressly state that former employees eligible for reinstatement may apply.”
(2)
Clerical amendment— The table of sections for subpart I of title 5, United States Code, is amended by adding at the end the following:
(d)
removed
Recall— Subsection (a) of section 308 of the Foreign Service Act of 1980 (22 U.S.C. 3948) is amended to read as follows:
removed
“(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. 313
Strategic staffing plan for the Department
(a)
changed
In general— Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a comprehensive five-year 5-year strategic staffing plan for the Department that is aligned with and furthers the objectives of the National Security Strategy of the United States of America issued in December 2017, or any subsequent strategy issued not later than 18 months after the date of the enactment of this Act, which shall include the following:
(1)
changed
A dataset displaying comprehensive workforce data, including all shortages in bureaus described in GAO report GAO-19-220, GAO–19–220, for all current and planned employees of the Department, disaggregated by—
(A)
Foreign Service officer and Foreign Service specialist rank;
(B)
civil service job skill code, grade level, and bureau of assignment;
(C)
contracted employees, including the equivalent job skill code and bureau of assignment; and
(D)
employees hired under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, including the equivalent grade and job skill code and bureau of assignment of such employee.
(2)
Recommendations on the number of Foreign Service officers disaggregated by service cone that should be posted at each United States diplomatic post and in the District of Columbia, with a detailed basis for such recommendations.
(3)
Recommendations on the number of civil service officers that should be employed by the Department, with a detailed basis for such recommendations.
(b)
Maintenance— The dataset required under subsection (a)(1) shall be maintained and updated on a regular basis.
(c)
Consultation— The Secretary shall lead the development of the plan required under subsection (a) but may consult or partner with private sector entities with expertise in labor economics, management, or human resources, as well as organizations familiar with the demands and needs of the Department’s workforce.
(d)
changed
Report— Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report regarding root causes of Foreign Service and civil service shortages, the effect of such shortages on national security objectives, and the Department’s plan to implement recommendations described in GAO-19-220.GAO–19–220.
Sec. 314
Consulting services
(a)
In general— Chapter 103 of title 5, United States Code, as added by section 313 of this Act, is amended by adding at the end the following:
“10302. Consulting services for the Department of State
changed
“Any consulting service obtained by the Department of State through procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts with respect to which expenditures are a matter of public record and available for public inspection, except if otherwise provided under existing law, or under existing executive Executive order issued pursuant to existing law.”
(b)
Clerical amendment— The table of sections for subpart I of title 5, United States Code, is amended by adding after the item relating to section 10302 the following new item:
Sec. 317
Foreign service suspension without pay
Subsection (c) of section 610 of the Foreign Service Act of 1980 (22 U.S.C. 4010) is amended—
(1)
in paragraph (1), in the matter preceding subparagraph (A), by striking “suspend” and inserting “indefinitely suspend without duties”;
(2)
by redesignating paragraph (5) as paragraph (7);
(3)
by inserting after paragraph (4) the following new paragraphs:
“(5) Any member of the Service suspended from duties under this subsection may be suspended without pay only after a final written decision is provided to such member under paragraph (2).
changed
“(6) If no final written decision under paragraph (2) has been provided within one 1 calendar year of the date the suspension at issue was proposed, not later than 30 days thereafter the Secretary of State shall report to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate in writing regarding the specific reasons for such delay.”
(4)
in paragraph (7), as so redesignated—
(A)
by striking “(7) In this subsection:”;
(B)
in subparagraph (A), by striking “(A) The term” and inserting the following:
“(7) In this subsection, the term”
(C)
by striking subparagraph (B) (relating to the definition of “suspend” and “suspension”); and
(D)
changed
by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; and moving such subparagraphs two 2 ems to the left.
Sec. 318
Foreign Affairs Manual and Foreign Affairs Handbook changes
(a)
changed
In general— Not later than 180 days after the date of the enactment of this Act and every 180 days thereafter for five 5 years, the Secretary shall submit to the appropriate congressional committees a report detailing all changes made to the Foreign Affairs Manual or the Foreign Affairs Handbook.
(b)
changed
Covered periods— The first report required under subsection (a) shall cover the five year 5-year period preceding the submission of such report. Each subsequent report shall cover the 180 day period preceding submission.
(c)
Contents— Each report required under subsection (a) shall contain the following:
(1)
The location within the Foreign Affairs Manual or the Foreign Affairs Handbook where a change has been made.
(2)
The statutory basis for each such change.
(3)
A side-by-side comparison of the Foreign Affairs Manual or Foreign Affairs Handbook before and after such change.
(4)
A summary of such changes displayed in spreadsheet form.
Sec. 319
Waiver authority for individual occupational requirements of certain positions
changed
The Secretary of State may waive any or all of the individual occupational requirements with respect to an employee or prospective employee of the Department of State for a civilian position categorized under the GS-0130 GS–0130 occupational series if the Secretary determines that the individual possesses significant scientific, technological, engineering, or mathematical expertise that is integral to performing the duties of the applicable position, based on demonstrated job performance and qualifying experience. With respect to each waiver granted under this subsection, the Secretary shall set forth in a written document that is transmitted to the Director of the Office of Personnel Management the rationale for the decision of the Secretary to waive such requirements .requirements.
Sec. 321
Appointment of employees to the Global Engagement Center
changed
The Secretary may appoint, for a three year 3-year period that may be extended for up to an additional two 2 years, solely to carry out the functions of the Global Engagement Center, employees of the Department without regard to the provisions of title 5, United States Code, governing appointment in the competitive service, and may fix the basic compensation of such employees without regard to chapter 51 and subchapter III of chapter 53 of such title.
Sec. 322
Rest and recuperation and overseas operations leave for Federal employees
(a)
In general— Subchapter II of chapter 63 of title 5, United States Code, is amended by adding at the end the following new sections:
“6329d. Rest and recuperation leave
“(a) Definitions—In this section—
“(1) the term “agency” means an Executive agency (as that term is defined in section 105), but does not include the Government Accountability Office;
changed
“(2) the term “combat zone” means a geographic area designated by an Executive Order order of the President as an area in which the Armed Forces are engaging or have engaged in combat, an area designated by law to be treated as a combat zone, or a location the Department of Defense has certified for combat zone tax benefits due to its direct support of military operations;
“(3) the term “employee” has the meaning given that term in section 6301;
“(4) the term “high risk, high threat post” has the meaning given that term in section 104 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4803); and
“(5) the term “leave year” means the period beginning on the first day of the first complete pay period in a calendar year and ending on the day immediately before the first day of the first complete pay period in the following calendar year.
“(b) Leave for rest and recuperation—The head of an agency may prescribe regulations to grant up to 20 days of paid leave, per leave year, for the purposes of rest and recuperation to an employee of the agency serving in a combat zone, any other high risk, high threat post, or any other location presenting significant security or operational challenges.
“(c) Discretionary authority of agency head—Use of the authority under subsection (b) is at the sole and exclusive discretion of the head of the agency concerned.
“(d) Records—An agency shall record leave provided under this section separately from leave authorized under any other provision of law.
“6329e. Overseas operations leave
“(a) Definitions—In this section—
“(1) the term “agency” means an Executive agency (as that term is defined in section 105), but does not include the Government Accountability Office;
“(2) the term “employee” has the meaning given that term in section 6301; and
“(3) the term “leave year” means the period beginning with the first day of the first complete pay period in a calendar year and ending with the day immediately before the first day of the first complete pay period in the following calendar year.
“(b) Leave for overseas operations—The head of an agency may prescribe regulations to grant up to 10 days of paid leave, per leave year, to an employee of the agency serving abroad where the conduct of business could pose potential security or safety related risks or would be inconsistent with host-country practice. Such regulations may provide that additional leave days may be granted during such leave year if the head of the agency determines that to do so is necessary to advance the national security or foreign policy interests of the United States.
“(c) Discretionary authority of agency head—Use of the authority under subsection (b) is at the sole and exclusive discretion of the head of the agency concerned.
“(d) Records—An agency shall record leave provided under this section separately from leave authorized under any other provision of law.”
(b)
Clerical amendments— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 6329c the following new items:
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, in consultation with the Director of the Office of Personnel Management and the Director of the Office of Management and Budget, submit to the appropriate congressional committees a report, which shall also be posted on a publicly available website of the Department in a searchable database format, that includes disaggregated demographic data and other information regarding the diversity of the workforce of the Department.
(b)
Data— The report under subsection (a) shall include the following data:
(1)
Demographic data on each element of the workforce of the Department, disaggregated by rank and grade or grade-equivalent, with respect to the following groups:
(A)
Applicants for positions in the Department.
(B)
Individuals hired to join the workforce.
(C)
Individuals promoted during the 2-year period ending on the date of the enactment of this Act, including promotions to and within the Senior Executive Service or the Senior Foreign Service.
(D)
Individuals serving on applicable selection boards.
(E)
Members of any external advisory committee or board who are subject to appointment by individuals at senior positions in the Department.
(F)
Individuals participating in professional development programs of the Department, and the extent to which such participants have been placed into senior positions within the Department after such participation.
(G)
Individuals participating in mentorship or retention programs.
(H)
Individuals who separated from the agency during the 2-year period ending on the date of the enactment of this Act, including individuals in the Senior Executive Service or the Senior Foreign Service.
(2)
An assessment of agency compliance with the essential elements identified in Equal Employment Opportunity Commission Management Directive 715, effective October 1, 2003.
(3)
Data on the overall number of individuals who are part of the workforce, the percentages of such workforce corresponding to each element listed in section 401(4), and the percentages corresponding to each rank, grade, or grade-equivalent.
(c)
Recommendation— The Secretary may include in the report under subsection (a) a recommendation to the Director of Office of Management and Budget and to the appropriate congressional committees regarding whether the Department should collect more detailed data on demographic categories in addition to the race and ethnicity categories specified in the Office of Management and Budget statistical policy directive entitled “Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity” (81 Fed. Reg. 67398).
(d)
Other contents— The report under subsection (a) shall also describe and assess the effectiveness of the efforts of the Department—
(1)
to propagate fairness, impartiality, and inclusion in the work environment, both domestically and abroad;
(2)
to enforce anti-harassment and anti-discrimination policies, both domestically and at posts overseas;
(3)
to refrain from engaging in unlawful discrimination in any phase of the employment process, including recruitment, hiring, evaluation, assignments, promotion, retention, and training;
(4)
to prevent illegal retaliation against employees for participating in a protected equal employment opportunity activity or for reporting sexual harassment or sexual assault;
(5)
to provide reasonable accommodation for qualified employees and applicants with disabilities; and
(6)
to recruit a representative workforce by—
(A)
recruiting women and minorities;
(B)
recruiting at women’s colleges, historically Black colleges and universities, minority-serving institutions, and other institutions serving a significant percentage of minority students;
(C)
placing job advertisements in newspapers, magazines, and job sites oriented toward women and minorities;
(D)
sponsoring and recruiting at job fairs in urban and rural communities and land-grant colleges or universities;
(E)
providing opportunities through the Foreign Service Internship Program under chapter 12 of the Foreign Service Act of 1980 (22 U.S.C. 4141 et seq.) and other hiring initiatives;
(F)
recruiting mid-level and senior-level professionals through programs designed to increase minority representation in international affairs;
(G)
offering the Foreign Service written and oral assessment examinations in several locations throughout the United States to reduce the burden of applicants having to travel at their own expense to take either or both such examinations; and
(H)
support recruiting and hiring opportunities through—
(i)
the Charles B. Rangel International Affairs Fellowship Program;
(ii)
the Thomas R. Pickering Foreign Affairs Fellowship Program;
(iii)
the Donald M. Payne International Development Fellowship Program; and
(iv)
other initiatives, including agency-wide policy initiatives.
(e)
changed
Annual updates— Not later than one 1 year after the publication of the report required under subsection (a) and annually thereafter for the following five 5 years, the Secretary shall work with the Director of the Office of Personnel Management and the Director of the Office of Management and Budget to provide a report to the appropriate congressional committees, which shall be posted on the Department’s website, which may be included in another annual report required under another provision of law, that includes—
(1)
disaggregated demographic data relating to the workforce and information on the status of diversity and inclusion efforts of the Department;
(2)
an analysis of applicant flow data; and
(3)
disaggregated demographic data relating to participants in professional development programs of the Department and the rate of placement into senior positions for participants in such programs.
Sec. 404
Recruitment and retention
(a)
In general— The Secretary should—
(1)
continue to seek a diverse and talented pool of applicants; and
(2)
instruct the Director General of the Foreign Service and the Director of the Bureau of Human Resources of the Department to have a recruitment plan of action for the recruitment of people belonging to traditionally under-represented groups, which should include outreach at appropriate colleges, universities, affinity groups, and professional associations.
(b)
Scope— The diversity recruitment initiatives described in subsection (a) should include—
(1)
recruiting at women’s colleges, historically Black colleges and universities, minority-serving institutions, and other institutions serving a significant percentage of minority students;
(2)
placing job advertisements in newspapers, magazines, and job sites oriented toward diverse groups;
(3)
sponsoring and recruiting at job fairs in urban and rural communities and land-grant colleges or universities;
(4)
providing opportunities through highly respected, international leadership programs, that focus on diversity recruitment and retention; and
(5)
cultivating partnerships with organizations dedicated to the advancement of the profession of international affairs and national security to advance shared diversity goals.
(c)
changed
Expand training on anti-harassment anti-Harassment and anti-discrimination—anti-Discrimination—
(1)
In general— The Secretary shall, through the Foreign Service Institute and other educational and training opportunities—
(A)
ensure the provision of training on anti-harassment and anti-discrimination information and policies to all individuals in the workforce;
(B)
expand the provision of training on workplace rights and responsibilities to focus on anti-harassment and anti-discrimination information and policies, including policies relating to sexual assault prevention and response; and
(C)
make such expanded training mandatory for—
(i)
individuals in senior and supervisory positions;
(ii)
individuals having responsibilities related to recruitment, retention, or promotion of employees; and
(iii)
any other individual determined by the Department who needs such training based on analysis by the Department or OPM analysis.
(2)
Best practices— The Department shall give special attention to ensuring the continuous incorporation of research-based best practices in training provided under this subsection.
Sec. 405
Leadership engagement and accountability
(a)
changed
Reward and recognize efforts to To promote diversity and inclusion—
(1)
In general— The Secretary shall implement performance and advancement requirements that reward and recognize the efforts of individuals in senior positions and supervisors in the Department in fostering an inclusive environment and cultivating talent consistent with merit system principles, such as through participation in mentoring programs or sponsorship initiatives, recruitment events, and other similar opportunities.
(2)
Outreach events— The Secretary shall create opportunities for individuals in senior positions and supervisors in the Department to participate in outreach events and to discuss issues relating to diversity and inclusion with the workforce on a regular basis, including with employee resource groups.
(b)
External advisory committees and boards— For each external advisory committee or board to which individuals in senior positions in the Department appoint members, the Secretary is strongly encouraged by Congress to ensure such external advisory committee or board is developed, reviewed, and carried out by qualified teams that represent the diversity of the organization.
Sec. 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 who 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 department or 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)
changed
Waiver— The Secretary may waive the requirement under subsection (c) for up to one 1 year 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 determination, submits to the relevant congressional committees a written justification that describes how such penetration tests would undermine national security or the diplomatic mission of the Department.
(e)
changed
Incident reporting— Not later than 180 days after the date of the enactment of this Act and annually thereafter for three 3 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 who the Secretary determines to be appropriate, shall securely submit to the relevant congressional committees a classified report that describes in detail the following:
(1)
For the first reporting period, all known and suspected incidents affecting the information systems specified in subsection (b) that occurred during the 180-day period immediately preceding the date of the enactment of this Act.
(2)
For all subsequent reporting periods, all known and suspected incidents affecting 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, a summary overview addressing the following:
(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 or was suspected to have occurred.
(3)
An assessment of the duration over which each such incident took place or is suspected of having taken 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 such incident, including an assessment of the following:
(A)
The known or suspected perpetrators, including state actors.
(B)
The methods used to carry out the incident.
(C)
The known or suspected intent of the actors in accessing the information system.
(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 affecting such information systems.
Sec. 503
Prohibition on contracting with certain telecommunications providers
(a)
changed
List of covered contractors— Not later than 30 days after the date of the enactment of this Act, the Secretary, in consultation with the Director of National Intelligence, shall develop or maintain, as the case may be, and update as frequently as the Secretary determines appropriate, a list of covered contractors with respect to which the prohibition specified in subsection (b) shall apply. Not later than 30 days after the initial development of the list under this subsection, any update thereto, and annually thereafter for five 5 years after such initial 30 day period, the Secretary shall submit to the appropriate congressional committees a copy of such list.
(b)
Prohibition on contracts— The Secretary may not enter into a contract with a covered contractor on the list described in 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.
(1)
In general— The President or the Secretary may waive the prohibition specified in 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 prohibition specified in 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—
(1)
the United States by, or on behalf of, any government, or persons associated with such government, listed as a cyber threat actor in the intelligence community’s 2017 assessment of worldwide threats to United States national security or any subsequent worldwide threat assessment of the intelligence community; or
(2)
individuals, including activists, journalists, opposition politicians, or other individuals for the purposes of suppressing dissent or intimidating critics, on behalf of a country included in the annual country reports on human rights practices of the Department for systematic acts of political repression, including arbitrary arrest or detention, torture, extrajudicial or politically motivated killing, or other gross violations of human rights.
(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. 506
Vulnerability Disclosure Policy and Bug Bounty Pilot Program
(a)
Definitions— In this section:
(1)
Bug bounty program— The term “bug bounty program” means a program under which an approved individual, organization, or company is temporarily authorized to identify and report vulnerabilities of internet-facing information technology of the Department in exchange for compensation.
(2)
Department— The term “Department” means the Department of State.
(3)
Information technology— The term “information technology” has the meaning given such term in section 11101 of title 40, United States Code.
(4)
Secretary— The term “Secretary” means the Secretary of State.
(b)
Department of State Vulnerability Disclosure Process—
(1)
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary shall design, establish, and make publicly known a Vulnerability Disclosure Process (VDP) to improve Department cybersecurity by—
(A)
providing security researchers with clear guidelines for—
(i)
conducting vulnerability discovery activities directed at Department information technology; and
(ii)
submitting discovered security vulnerabilities to the Department; and
(B)
creating Department procedures and infrastructure to receive and fix discovered vulnerabilities.
(2)
Requirements— In establishing the VDP pursuant to paragraph (1), the Secretary shall—
(A)
identify which Department information technology should be included in the process;
(B)
determine whether the process should differentiate among and specify the types of security vulnerabilities that may be targeted;
(C)
provide a readily available means of reporting discovered security vulnerabilities and the form in which such vulnerabilities should be reported;
(D)
identify which Department offices and positions will be responsible for receiving, prioritizing, and addressing security vulnerability disclosure reports;
(E)
consult with the Attorney General regarding how to ensure that individuals, organizations, and companies that comply with the requirements of the process are protected from prosecution under section 1030 of title 18, United States Code, and similar provisions of law for specific activities authorized under the process;
(F)
consult with the relevant offices at the Department of Defense that were responsible for launching the 2016 Vulnerability Disclosure Program, “Hack the Pentagon”, and subsequent Department of Defense bug bounty programs;
(G)
engage qualified interested persons, including nongovernmental sector representatives, about the structure of the process as constructive and to the extent practicable; and
(H)
award contracts to entities, as necessary, to manage the process and implement the remediation of discovered security vulnerabilities.
(3)
changed
Annual reports— Not later than 180 days after the establishment of the VDP under paragraph (1) and annually thereafter for the next six 6 years, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the VDP, including information relating to the following:
(A)
The number and severity, in accordance with the National Vulnerabilities Database of the National Institute of Standards and Technology, of security vulnerabilities reported.
(B)
The number of previously unidentified security vulnerabilities remediated as a result.
(C)
The current number of outstanding previously unidentified security vulnerabilities and Department of State remediation plans.
(D)
The average length of time between the reporting of security vulnerabilities and remediation of such vulnerabilities.
(E)
The resources, surge staffing, roles, and responsibilities within the Department used to implement the VDP and complete security vulnerability remediation.
(F)
Any other information the Secretary determines relevant.
(c)
Department of State bug bounty pilot program—
(1)
changed
In general— Not later than one 1 year after the date of the enactment of this Act, the Secretary shall establish a bug bounty pilot program to minimize security vulnerabilities of internet-facing information technology of the Department.
(2)
Requirements— In establishing the pilot program described in paragraph (1), the Secretary shall—
(A)
provide compensation for reports of previously unidentified security vulnerabilities within the websites, applications, and other internet-facing information technology of the Department that are accessible to the public;
(B)
changed
award contracts to entities, as necessary, to manage such pilot program and for executing the remediation of security vulnerabilities vulnerabilities identified pursuant to subparagraph (A);
(C)
identify which Department information technology should be included in such pilot program;
(D)
consult with the Attorney General on how to ensure that individuals, organizations, or companies that comply with the requirements of such pilot program are protected from prosecution under section 1030 of title 18, United States Code, and similar provisions of law for specific activities authorized under such pilot program;
(E)
consult with the relevant offices at the Department of Defense that were responsible for launching the 2016 “Hack the Pentagon” pilot program and subsequent Department of Defense bug bounty programs;
(F)
develop a process by which an approved individual, organization, or company can register with the entity referred to in subparagraph (B), submit to a background check as determined by the Department, and receive a determination as to eligibility for participation in such pilot program;
(G)
engage qualified interested persons, including nongovernmental sector representatives, about the structure of such pilot program as constructive and to the extent practicable; and
(H)
consult with relevant United States Government officials to ensure that such pilot program complements persistent network and vulnerability scans of the Department of State’s internet-accessible systems, such as the scans conducted pursuant to Binding Operational Directive BOD–15–01.
(3)
changed
Duration— The pilot program established under paragraph (1) should be short-term in duration and not last longer than one 1 year.
(4)
Report— Not later than 180 days after the date on which the bug bounty pilot program under subsection (a) is completed, the Secretary shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on such pilot program, including information relating to—
(A)
the number of approved individuals, organizations, or companies involved in such pilot program, broken down by the number of approved individuals, organizations, or companies that—
(iii)
submitted security vulnerabilities; and
(iv)
received compensation;
(B)
the number and severity, in accordance with the National Vulnerabilities Database of the National Institute of Standards and Technology, of security vulnerabilities reported as part of such pilot program;
(C)
the number of previously unidentified security vulnerabilities remediated as a result of such pilot program;
(D)
the current number of outstanding previously unidentified security vulnerabilities and Department remediation plans;
(E)
the average length of time between the reporting of security vulnerabilities and remediation of such vulnerabilities;
(F)
the types of compensation provided under such pilot program; and
(G)
the lessons learned from such pilot program.
Sec. 603
Improving research and evaluation of public diplomacy
(a)
Research and evaluation activities— The Secretary, acting through the Director of Research and Evaluation appointed pursuant to subsection (b), shall—
(1)
conduct regular research and evaluation of public diplomacy programs and activities of the Department, including through the routine use of audience research, digital analytics, and impact evaluations, to plan and execute such programs and activities; and
(2)
make available to Congress the findings of the research and evaluations conducted under paragraph (1).
(b)
Director of Research and Evaluation—
(1)
Appointment— Not later than 90 days after the date of the enactment of this Act, the Secretary shall appoint a Director of Research and Evaluation (referred to in this subsection as the “Director”) in the Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs of the Department.
(2)
Limitation on appointment— The appointment of the Director pursuant to paragraph (1) shall not result in an increase in the overall full-time equivalent positions within the Department.
(3)
Responsibilities— The Director shall—
(A)
report to the Director of Policy Planning of the Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs of the Department;
(B)
coordinate and oversee the research and evaluation of public diplomacy programs and activities of the Department to—
(i)
improve public diplomacy strategies and tactics; and
(ii)
ensure that such programs and activities are increasing the knowledge, understanding, and trust of the United States by relevant target audiences;
(C)
routinely organize and oversee audience research, digital analytics, and impact evaluations across all public diplomacy bureaus and offices of the Department;
(D)
support United States diplomatic posts’ public affairs sections;
(E)
share appropriate public diplomacy research and evaluation information within the Department and with other appropriate Federal departments and agencies;
(F)
regularly design and coordinate standardized research questions, methodologies, and procedures to ensure that public diplomacy programs and activities across all public diplomacy bureaus and offices are designed to meet appropriate foreign policy objectives; and
(G)
report biannually to the United States Advisory Commission on Public Diplomacy, through the Subcommittee on Research and Evaluation established pursuant to subsection (f), regarding the research and evaluation of all public diplomacy bureaus and offices.
(4)
changed
Guidance and training— Not later than one 1 year after the appointment of the Director pursuant to paragraph (1), the Director shall develop guidance and training, including curriculum for use by the Foreign Service Institute, for all public diplomacy officers of the Department regarding the reading and interpretation of public diplomacy program and activity evaluation findings to ensure that such findings and related lessons learned are implemented in the planning and evaluation of all public diplomacy programs and activities of the Department.
(c)
Prioritizing research and evaluation—
(1)
In general— The Director of Policy Planning of the Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs of the Department shall ensure that research and evaluation of public diplomacy and activities of the Department, as coordinated and overseen by the Director pursuant to subsection (b), supports strategic planning and resource allocation across all public diplomacy bureaus and offices of the Department.
(2)
Allocation of resources— Amounts allocated for the purpose of research and evaluation of public diplomacy programs and activities of the Department pursuant to subsection (b) shall be made available to be disbursed at the direction of the Director among the research and evaluation staff across all public diplomacy bureaus and offices of the Department.
(3)
Sense of Congress— It is the sense of Congress that the Department should gradually increase its allocation of funds made available under the headings “Educational and Cultural Exchange Programs” and “Diplomatic Programs” for research and evaluation of public diplomacy programs and activities of the Department pursuant to subsection (b) to a percentage of program funds that is commensurate with Federal Government best practices.
(d)
Limited exemption relating to the Paperwork Reduction Act— Chapter 35 of title 44, United States Code (commonly known as the “Paperwork Reduction Act”) shall not apply to the collection of information directed at any individuals conducted by, or on behalf of, the Department for the purpose of audience research, monitoring, and evaluations, and in connection with the Department’s activities conducted pursuant to any of the following:
(1)
The United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1431 et seq.).
(2)
The Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.).
(3)
Section 1287 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 22 U.S.C. 2656 note).
(4)
The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.).
(e)
Limited exemption relating to the Privacy Act—
(1)
In general— The Department shall maintain, collect, use, and disseminate records (as such term is defined in section 552a(a)(4) of title 5, United States Code) for audience research, digital analytics, and impact evaluation of communications related to public diplomacy efforts intended for foreign audiences.
(2)
Conditions— Audience research, digital analytics, and impact evaluations under paragraph (1) shall be—
(A)
reasonably tailored to meet the purposes of this subsection; and
(B)
carried out with due regard for privacy and civil liberties guidance and oversight.
(f)
United States Advisory Commission on Public Diplomacy—
(1)
Subcommittee for Research and Evaluation— The United States Advisory Commission on Public Diplomacy shall establish a Subcommittee on Research and Evaluation to monitor and advise regarding audience research, digital analytics, and impact evaluations carried out by the Department and the United States Agency for Global Media.
(2)
Annual report— The Subcommittee on Research and Evaluation established pursuant to paragraph (1) shall submit to the appropriate congressional committees an annual report, in conjunction with the United States Advisory Commission on Public Diplomacy’s Comprehensive Annual Report on the performance of the Department and the United States Agency for Global Media, describing all actions taken by the Subcommittee pursuant to paragraph (1) and any findings made as a result of such actions.
Sec. 605
Streamlining of support functions
(a)
Working group established— Not later than 90 days after the date of the enactment of this Act, the Secretary shall establish a working group to explore the possibilities and cost-benefit analysis of transitioning to a shared services model as such pertains to human resources, travel, purchasing, budgetary planning, and all other executive support functions for all bureaus of the Department that report to the Under Secretary for Public Diplomacy of the Department.
(b)
changed
Report— Not later than one 1 year after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a plan to implement any such findings of the working group established under subsection (a).
Sec. 606
Guidance for closure of public diplomacy facilities
(a)
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall adopt, and include in the Foreign Affairs Manual, guidelines to collect and utilize information from each diplomatic post at which the construction of a new embassy compound or new consulate compound would result in the closure or co-location of an American Space, American Center, American Corner, or any other public diplomacy facility under the Secure Embassy Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 et seq.).
(b)
Requirements— The guidelines required by subsection (a) shall include the following:
(1)
Standardized notification to each chief of mission at a diplomatic post describing the requirements of the Secure Embassy Construction and Counterterrorism Act of 1999 and the impact on the mission footprint of such requirements.
(2)
An assessment and recommendations from each chief of mission of potential impacts to public diplomacy programming at such diplomatic post if any public diplomacy facility referred to in subsection (a) is closed or staff is co-located in accordance with such Act.
(3)
A process by which assessments and recommendations under paragraph (2) are considered by the Secretary and the appropriate Under Secretaries and Assistant Secretaries of the Department.
(4)
Notification to the appropriate congressional committees, prior to the initiation of a new embassy compound or new consulate compound design, of the intent to close any such public diplomacy facility or co-locate public diplomacy staff in accordance with such Act.
(c)
changed
Report— Not later than one 1 year after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report containing the guidelines required under subsection (a) and any recommendations for any modifications to such guidelines.
Sec. 706
Foreign investments and national security
(a)
changed
In general— Not later than one 1 year after the date of the enactment of this Act and biennially thereafter for the following six 6 years, the Secretary, in consultation with the Secretary of the Treasury, the Director of National Intelligence, and the heads of other agencies, as appropriate, shall submit to Congress an interagency strategy to work with foreign governments and multilateral institutions to guard against the risks of certain transactions involving foreign investments.
(b)
Contents— Each interagency strategy under paragraph (1) shall include plans relating to the following:
(1)
Information sharing with foreign governments and multilateral institutions regarding risks associated with potential foreign investments.
(2)
Promoting American and other alternatives to foreign investments identified as presenting substantial risk to the national security or sovereignty of a country.
(3)
Providing technical assistance to foreign governments or multilateral institutions regarding screening foreign investments.
(4)
Designating points of contact at each United States mission to foreign governments and multilateral institutions, and in associated regional bureaus, to coordinate efforts described in this paragraph.
(c)
Coordination— If the Secretary determines such is appropriate, the designated points of contact referred to in subsection (b)(4) may be the same individual designated under section 704(a).
Sec. 811
Organizational reform
(1)
Establishment— The Secretary shall establish a Working Group on matters relating to security assistance (in this subtitle referred to as the “Working Group”).
(A)
In general— The Working Group shall be composed of—
(i)
the Deputy Secretary of State; and
(ii)
each Under Secretary of State responsible for matters relating to security assistance.
(B)
Chair— The Deputy Secretary shall serve as the chair of the Working Group.
(3)
Meetings— The Working Group shall meet not later than 90 days after the date of the enactment of this Act and on a quarterly basis thereafter.
(4)
Duties— The duties of the Working Group shall include—
(A)
within the Department and across United States diplomatic posts—
(i)
providing strategic policy guidance on objectives and priorities for security assistance;
(ii)
ensuring strategic integration of budgets and planning for security assistance; and
(iii)
advising the Secretary on all budgets, programs, and activities for security assistance; and
(B)
overseeing Department of State coordination with the Secretary of Defense, the Administrator of the United States Agency for International Development (USAID), and the heads of other relevant Federal departments and agencies on all matters relating to security assistance.
(b)
Office of Security Assistance—
(1)
changed
In general— Not later than one 1 year after the date of the enactment of this Act, the Secretary shall designate an existing office or establish a new office to be the Office of Security Assistance (in this subtitle referred to as the “Office”), which shall report to an Under Secretary who is a member of the Working Group.
(2)
Coordinator— The head of the Office shall be the Coordinator for Security Assistance (in this subtitle referred to as the “Coordinator”), who shall be an individual of demonstrated competency in the fields of security assistance and international diplomacy.
(3)
Duties— The duties of the Coordinator shall include—
(A)
within the Department and across United States diplomatic posts—
(i)
guiding and supporting security assistance;
(ii)
advising the Working Group on all matters relating to security assistance;
(iii)
establishing the framework described in section 813(a);
(iv)
coordinating the assessment, monitoring, and evaluation program established under section 813(c); and
(v)
maintaining the common database described in section 814(a); and
(B)
acting as a Department of State point of contact with the Department of Defense, the United States Agency for International Development (USAID), and other relevant Federal departments and agencies on all matters relating to security assistance.
(c)
Coordination within Department—
(1)
changed
Designation— Not later than one 1 year after the date of the enactment of this Act, and subject to paragraph (2), the head of each bureau of the Department that is involved in directing or implementing security assistance shall designate an officer of such bureau to be responsible for coordinating the responsibilities of such bureau with respect to security assistance.
(2)
Non-eligibility— An officer of a bureau of the Department shall not be eligible to be designated pursuant to paragraph (1) if the officer is responsible for conducting human rights vetting pursuant to 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d).
(3)
Training— Each individual designated pursuant to paragraph (1) shall successfully complete the training described in section 812.
(d)
Coordination within United States diplomatic posts—
(1)
changed
Designation— Not later than one 1 year after the date of the enactment of this Act, the chief of mission of the United States in a foreign country that receives security assistance shall designate a senior diplomatic officer at the embassy or highest ranking diplomatic post if no embassy exists in the foreign country to be responsible for coordinating security assistance for the foreign country.
(2)
Duties— The senior diplomatic officer designated pursuant to paragraph (1) shall be responsible for—
(A)
overseeing personnel and activities of Federal departments and agencies at the relevant embassy or diplomatic post with respect to the provision of security assistance for the country; and
(B)
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, with respect to the country.
(3)
changed
Training— Each individual designated pursuant to paragraph (1) shall successfully complete the training described in section 812812.
(e)
Plan for organizational structure—
(1)
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a plan for the organizational structure of the Department relating to security assistance programs.
(2)
Matters to be included— The plan required under paragraph (1) shall include the following:
(A)
An identification of each bureau and office of the Department that carries out functions relating to planning, coordination, integration, implementation, or evaluation of security assistance, a description of the organizational hierarchy and decision-making processes used to coordinate across such bureaus and offices and with United States diplomatic posts and other Federal departments and agencies, and a description of how the Working Group and the Coordinator will facilitate coordination among each such bureau and office.
(I)
designating an existing office or establishing a new office to serve as the Office; and
(II)
selecting the Under Secretary to which the Office will report;
(ii)
the organizational structure of the Office;
(iii)
the specific mechanisms through which the Working Group and Coordinator could improve coordination among bureaus and offices of the Department involved in the planning or implementation of security assistance programs and activities; and
(iv)
the process by which the requirement for training described in section 812 will be fulfilled.
(C)
The benefits, feasibility, and steps necessary to detail personnel—
(i)
on a reimbursable basis from the relevant bureaus and offices of the Department to provide staff to the Office; and
(ii)
from USAID, the Department of Defense, and other relevant Federal departments and agencies to provide staff to the Office.
(D)
An identification of lessons learned from the Security Governance Initiative (SGI), an assessment of the utility of expanding the SGI or a similar initiative globally, and a description of where best to locate the SGI or similar initiative within the Department.
(E)
An identification of an appropriate bureau or office of the Department, whose head does not report to the Under Secretary described in subsection (b)(1), to select and retain the independent research entity described in section 813(c)(4).
(F)
A list of recommendations for any additional legislative measures necessary to improve the capacity and capabilities of the Department to plan and implement security assistance programs and activities.
(3)
Form— The plan required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex if necessary.
(4)
Consultation— Not later than 90 days after the date of the enactment of this Act, the Secretary shall consult with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate regarding the development and implementation of the plan required under paragraph (1).
Sec. 812
Workforce development
changed
Not later than 180 days after the date of the enactment of this Act, the Secretary shall carry out the following: —following:
(1)
Establish curriculum at the Department’s Foreign Service Institute to provide employees of the Department of State with specialized training with respect to security assistance. The training should be aligned with the Security Cooperation Workforce Development Program and developed in coordination with the Defense Security Cooperation Agency, including through an agreement under section 1535(a) of title 31, United States Code (commonly referred to as the “Economy Act”) or any other appropriate agency-specific authority. The training shall include the following:
(A)
Awareness of the full range of agencies, offices, personnel, statutory authorities, funds, and programs involved in security assistance and transfers and the respective decision-making timelines.
(B)
Familiarity with relevant military and police security force systems and structures and institutions at the time such training is occurring.
(C)
Familiarity with security assistance reform, research regarding options for improvement, and United States interagency and external resources and experts.
(D)
Familiarity with planning, implementation, and monitoring and evaluation for programmatic activities.
(E)
Familiarity with implementation of—
(i)
section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d) and section 362 of title 10, United States Code;
(ii)
arms transfer requirements under the Arms Export Control Act (22 U.S.C. 2751 et seq.); and
(iii)
best practices related to human rights and civilian protection.
(F)
Awareness of common risks to effectiveness of security assistance, including corruption, political instability, and challenges relating to absorptive capacity, partner commitment, and transparency.
(2)
Coordinate with the Secretary of Defense, to the extent feasible, to ensure that, in addition to the training described paragraph (1), individuals who serve in priority recipient countries or countries that do not meet baseline norms of governance, as determined by the Under Secretary for purposes of subsections (d)(1) and (d)(4) of section 813, obtain higher-level certification through the Defense Security Cooperation Agency’s Defense Institute of Security Cooperation Studies or through a commensurate program developed at the Department’s Foreign Service Institute prior to serving at the United States diplomatic post in such country.
Sec. 813
Security assistance planning
(a)
Framework and standards for security assistance— Not later than 18 months after the date of the enactment of this Act, the Coordinator shall create and submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a framework to be used by relevant bureaus and diplomatic posts to guide regional and country-specific planning, such as joint regional strategies or integrated country strategies, with respect to security assistance. Such framework shall include the following:
(1)
Identification and prioritization of overall goals and objectives for security assistance, in accordance with the relevant National Security Strategy.
(A)
determining the commitment and political will of countries receiving assistance to use such assistance in a manner that achieves United States objectives;
(B)
identifying opportunities and risks created by the provision of security assistance; and
(C)
tailoring and sequencing such assistance accordingly.
(A)
incorporating the assessment, monitoring, and evaluation program described in subsection (c) into the strategic planning cycle;
(B)
increasing coordination, as appropriate, with other major international donors to maximize resources and unity of efforts;
(C)
aligning the security assistance programs, projects, and activities of the Department with other United States goals of engagement with foreign countries, such as the promotion of democracy, human rights, governance, and economic growth, as well as with other United States assistance authorities, resources, programmatic capabilities, and activities; and
(D)
assessing the impact on Department security assistance objectives, programs, and activities of United States military activities in the country or region covered by country or regional strategy, including the number of United States forces deployed, the duration of deployment, the purpose for which they were deployed, and the authority under which they are operating.
(4)
Metrics for assessing the effectiveness of security assistance in—
(A)
increasing the operational access and influence of the United States;
(B)
improving partner capacity and commitment to countering shared threats and increased burden sharing, including in ways that enable reallocation of United States military deployments to other high priority missions;
(C)
reducing the underlying drivers of state fragility; and
(D)
contributing to the maintenance of existing peace treaties between recipients of assistance.
(5)
A process to ensure that transfers regulated by the Department that are outside the scope of security assistance, such as certain direct commercial sales, are factored into—
(A)
the implementation of the assessment, monitoring, and evaluation program described in subsection (c); and
(B)
the planning process described in subsection (d).
(b)
Definitions promulgated by the Working Group— Not later than 18 months after the date of the enactment of this Act, the Working Group shall—
(1)
in consultation with the Coordinator and bureaus and offices of the Department that are involved in the planning, coordination, integration, implementation, or evaluation of security assistance, develop and promulgate a definition of the level of security assistance programs, projects, or activities that mark a country as a recipient of “significant” security assistance to merit inclusion in the assessment, monitoring, and evaluation process described in subsection (c); and
(2)
in consultation with the Coordinator, the Bureau of Democracy , Human Rights, and Labor, and the heads of other relevant bureaus of the Department, develop and promulgate a definition of baseline norms for governance and the rule of law, including a rubric to assess whether a recipient of security assistance is abiding by such baseline.
(c)
Assessment, monitoring, and evaluation—
(1)
In general— Not later than 18 months after the date of the enactment of this Act, the Coordinator shall develop an assessment, monitoring, and evaluation program to be conducted for any country receiving significant security assistance, as defined in accordance with subsection (b)(1).
(2)
Elements— The program described in paragraph (1) shall include each of the following elements:
(A)
Baseline assessments that consider factors, including—
(i)
recipient country threat perceptions and the manner in which such perceptions may inform the use of security assistance;
(ii)
the recipient’s approach to governance and commitment to rule of law, including the transparency and accountability of security forces, and the manner in which such approach is likely to be influenced by security assistance;
(iii)
the recipient’s capacity to absorb the security assistance given and to achieve the objectives of such assistance;
(iv)
the human rights record of the recipient, including for purposes of section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d) and section 362 of title 10, United States Code, and any relevant attempts by such recipient to remedy such record;
(v)
country- or region-specific opportunities and risks that could enhance or impair the outcomes associated with providing security assistance; and
(vi)
indicators of efficacy for security assistance programs, projects, and activities, for purposes of planning, monitoring, and evaluation.
(B)
Monitoring implementation of security assistance programs, projects, and activities to measure progress toward achieving specific targets, metrics, or indicators, as well as desired outcomes.
(C)
Evaluation of the efficiency and effectiveness of security assistance in achieving desired outcomes.
(D)
Identification of lessons learned in carrying out security assistance and recommendations for improving future assistance.
(3)
Oversight and framework— The Coordinator shall guide and support, in coordination with relevant regional and functional bureaus, the assessment and monitoring described in paragraph (1) and shall create a common evaluation framework.
(4)
Independent research entity— Not later than 18 months after the date of the enactment of this Act, the Secretary shall enter into a contract with an independent research entity, such as a federally funded research and development center or other non-profit entity, that demonstrates appropriate expertise and analytical capability to evaluate the capacity of security assistance to achieve desired outcomes in accordance with the framework created pursuant to paragraph (3).
(5)
Sense of Congress— It is the sense of Congress that the ability of the Department to measure and assess the effects of United States security assistance programs and activities on governance, rule of law, professionalism of recipient security forces, and institutional capacity weaknesses of recipient security forces would benefit from the increased availability of independent research and data.
(d)
Security assistance planning—
(1)
changed
Prioritization— Not later than two 2 years after the date of the enactment of this Act, and annually thereafter, the Working Group shall develop a list of priority recipient countries to receive security assistance, on the basis of policy objectives determined by the Department, and submit such information in accordance with subsection (f).
(2)
Inclusion in regional and country strategies— Any comprehensive regional strategy, such as a joint regional strategy or its equivalent, and any country strategy, such as an integrated country strategy or its equivalent, that is produced on or after the date that is 2 years after the date of the enactment of this Act, and each successor strategy to such strategy, shall integrate security assistance planning in a manner that incorporates the elements of the framework created pursuant to subsection (a) and include an annex relating to security assistance, which shall include—
(A)
the assessment, monitoring, and evaluation metrics described in subsection (c);
(B)
requests to allocate security assistance with respect to the area covered by the strategy; and
(C)
a description of the manner in which such resources will be used.
(3)
Coordination of resources— In developing annexes relating to security assistance for inclusion in comprehensive regional strategies or country strategies in accordance with paragraph (2), the relevant bureau, office, or diplomatic post shall coordinate with—
(B)
the Office of Foreign Assistance Resources, or an equivalent entity in the Department, regarding the allocation of resources in line with priorities of the Department of State for security assistance; and
(C)
the Department of Defense and other Federal departments and agencies that provide security assistance, security cooperation, or other forms of foreign assistance.
(4)
changed
Security assistance, governance, and rule of law— Not later than two 2 years after the date of the enactment of this Act, any annex relating to security assistance described in paragraph (2) that is included in a country strategy shall include an assessment by the Under Secretary responsible for civilian security, democracy, and human rights whether such country abides by baseline norms for governance and the rule of law using the rubric promulgated in accordance with subsection (b)(2). A security assistance annex developed in accordance with paragraph (2) for a country receiving a negative determination shall also include the following:
(A)
Reforms the recipient could undertake, where practicable, to improve governance and rule of law in order to create more effective security.
(B)
Conditions, which may also be included in the compacts described in subsection (e), under which the United States might—
(i)
expand or increase security assistance upon verifiable progress made toward such reforms; and
(ii)
restrict or end security assistance as a result of lack of progress toward such reforms or further deterioration of norms for governance or the rule of law.
(C)
An assessment of the benefits and likelihood of reaching agreement with the recipient country to devote 1 percent of the total value of all security assistance to such country for training in-country civilian professionals on methods to evaluate the fiscal and functional effectiveness of the security institutions in such country.
(D)
The manner in which security assistance will be used to improve governance, rule of law, and human rights reforms in such country.
(E)
Steps to ensure consultation with the national legislature and with civil society groups that operate in such country on the provision of security assistance, including for the formulation of a compact in accordance with subsection (e)(2).
(e)
Security assistance compacts—
(1)
changed
In general— Not later than two 2 years after the date of the enactment of this Act, the Secretary shall seek to enter into multi-year compacts where appropriate with the governments of countries that receive security assistance. Such compacts should include the following elements:
(A)
A joint diagnosis of the strengths and challenges of the recipient country’s security institutions, including priority capacity and capability requirements.
(B)
A plan for bilateral security assistance and cooperation that includes—
(i)
a commitment by the recipient specifying the manner in which security assistance will be used, within a defined timeframe;
(ii)
plans for sustainment by the recipient of any capacity or capabilities built as a result of such assistance; and
(iii)
mutually agreed oversight mechanisms for security assistance and metrics, to determine whether such assistance is accomplishing the agreed-upon objectives.
(2)
Special provisions— If the Under Secretary described in subsection (d)(3) assesses that a country is not abiding by baseline norms for governance or the rule of law, a compact under this subsection with such country should, where practicable, be formulated in consultation with the national legislature and domestic civil society groups and include mutually agreed upon reforms and conditions based on those established as a result of such determination in accordance with subsection (d)(4).
(f)
changed
Reporting requirements— Beginning three 3 years after the date of the enactment of this Act and annually thereafter, the Secretary shall include with any materials submitted in support of the budget for that fiscal year that is submitted to Congress by the President under section 1105(a) of title 31 an unclassified report, that may include a classified annex, with the following:
(1)
A list of priority security assistance recipients, along with descriptions of the policy objectives that the Secretary seeks to achieve by providing such assistance to such recipients, developed pursuant to subsection (d)(1).
(2)
A description of the results of the evaluations conducted pursuant to subsection (c)(4).
(3)
A description of the manner in which the Department will allocate, monitor, and evaluate all security assistance pursuant to the program described in subsection (c) and the planning process described in subsection (d).
(4)
A description of any updates made during the previous year to the framework described in subsection (d)(1) and annex relating to security assistance required under subsection (d)(2).
(5)
The status and impact on United States objectives of any compacts entered into in accordance with subsection (e) and of any ongoing efforts to enter into new compacts in accordance with such subsection.
Sec. 814
Interagency coordination of security assistance, transfers, and security cooperation
(a)
changed
Creation of a common database— Not later than two 2 years after the date of the enactment of this Act, the Secretary, in coordination with the Secretary of Defense and other appropriate Federal departments and agencies, shall maintain a common database of information to permit the identification of security assistance programs, funding, and transfers by recipient country.
(b)
Coordination with the department of defense—
(1)
changed
In general— Not later than one 1 year after the date of the enactment of this Act, the Secretary, in coordination with the Secretary of Defense, shall submit a report to the appropriate congressional committees that assesses existing mechanisms, including provisions under title 10, United States Code, that require the concurrence of the Secretary of State, and other applicable provisions of law that provide for coordination between security assistance programs, projects, and activities of the Department of State and security cooperation programs, projects, and activities of the Department of Defense that includes the following:
(A)
An identification of existing coordination mechanisms for planning, executing, and overseeing security assistance and security cooperation programs, projects, and activities, the purpose of such mechanisms, and their efficacy in practice.
(B)
An identification of additional measures that would improve the speed, simplicity, or agility of each identified mechanism, with a focus on mechanisms requiring the concurrence of the Secretary.
(C)
An identification of any programs, authorities, or resources that do not require coordination under existing law.
(D)
An identification of the specific mechanisms to improve coordination between Department of State bureaus and offices involved in planning, executing, or overseeing security assistance programs and activities and the United States combatant command or commands relevant to such bureaus and offices.
(E)
An assessment of the advisability and feasibility of expanding existing mechanisms or establishing new mechanisms to detail employees from Department of State bureaus and offices involved in planning, executing, or overseeing security assistance programs and activities to United States combatant commands and from the Department of Defense to such Department of State bureaus and offices for the purpose of improving coordination on security assistance planning and implementation.
(2)
Appropriate congressional committees defined— In this subsection, the term “appropriate congressional committees” means—
(A)
the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and
(B)
the Committee on Foreign Relations and the Committee on Armed Services of the Senate.
(c)
Sense of Congress— It is the sense of Congress that the Secretary of State and the Secretary of Defense should jointly establish a pilot program to evaluate the advisability and feasibility of a joint entity to conduct collaborative planning of security assistance and security cooperation. The pilot program should—
(1)
establish one or more joint planning cells to conduct collaborative planning between the Department of State and the Department of Defense for security assistance and security cooperation programs, projects, and activities in a specific region or regions;
(2)
assign personnel from relevant offices and agencies within each Department to staff the joint planning cell or cells; and
(3)
assess the advantages and disadvantages of collaborative interagency planning of security assistance, and determine whether there are organizational, legal, policy, or resource barriers to broader adoption of such a model.
Sec. 821
Strategic allocation of excess defense articles
(a)
In general— Section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j), is amended—
(A)
by striking “(1) The President” and inserting “The President”;
(B)
changed
by redesignating subparagraphs (A) through (F) as paragraphs (1) through (6), respectively, and moving the margins of each such paragraph two 2 ems to the left;left; and
(C)
changed
in paragraph (2), as redesignated, by inserting “except as provided in subsection (c)(3),” before “funds available”; andstriking “(2) Accordingly,” and all that follows through “1990.”;
(D)
removed
by striking “(2) Accordingly,” and all that follows through “1990.” ;
(A)
by striking paragraph (2) and inserting the following:
“(2) Priority—Notwithstanding any other provision of law, excess defense articles under this section shall be transferred in accordance with United States foreign policy, including national security priorities as jointly determined by the Secretary of State, in consultation with the Secretary of Defense, to the maximum extent feasible.”
(B)
by adding at the end the following:
changed
“(3) Supporting costs—Funds available to the costs—The Department of State is authorized to expend funds available for security assistance may be expended for the refurbishment or upgrade of excess defense articles transferred under the authority of this section and for training of foreign security forces directly in relation to excess defense articles transferred under the authority of this section, if—
“(A) such assistance is necessary to advance the national security objectives of the United States in relation to the recipient country or countries; and
“(B) such costs do not exceed $10 million in relation to a single transfer of excess defense articles under this section.”
(3)
in subsection (f)(1), by striking “$7,000,000” and inserting “$25,000,000”; and
(4)
in subsection (g)(1), by striking “$500,000,000” and inserting “$600,000,000”.
Sec. 829
Peacekeeping operations and other national security programs
(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) Funds authorized to be appropriated under this chapter may also be used to provide assistance to enhance the capacity of foreign civilian security forces (as such term is defined in section 841(c) of the International Security Assistance Act of 2019) to participate in peacekeeping and counterterrorism operations, and to promote greater participation of women in such peacekeeping operations.
“(c) Funds authorized to be appropriated under this chapter to provide assistance to friendly foreign countries for purposes other than support for multilateral peacekeeping operations shall be subject to the certification requirements of section 36 of the Arms Export Control Act (22 U.S.C. 2776).”
(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, and to promote greater participation of women in such programs.
(B)
changed
Consultation— The Secretary shall consult with the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate prior to obligating funds 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)
changed
Notification— The Secretary shall notify the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate at least 15 days prior to obligating 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. 831
Repeal of reports
(a)
Repeal of annual report on world military expenditures and arms transfers— Section 404 of the Arms Control and Disarmament Act (22 U.S.C. 2593b) is hereby repealed.
(b)
Repeal of annual report relating to the Commission on Security and Cooperation in Europe— Section 5 of Public Law 94–304 (22 U.S.C. 3005) is hereby repealed.
(c)
changed
Repeal of report on assistance relating to international terrorism— Section 502 of the International Security and Development Cooperation Act of 1985 (22 U.S.C. 2349aa-7) 2349aa–7) is amended—
(1)
by striking subsection (b); and
(2)
by redesignating subsection (c) as subsection (b).
Sec. 841
Requirement for study by Bureau of International Narcotics and Law Enforcement Affairs
(a)
changed
In general— Not later than one 1 year after the date of enactment of this Act, the Assistant Secretary for the Bureau of International Narcotics and Law Enforcement, in consultation with the heads of other relevant bureaus of the Department, shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report detailing all existing programs, and their statutory authorities, that provide training, advice, equipment, and other support to eligible foreign civilian security forces and institutions.
(b)
changed
Matters to To be included— Such a report shall assess the following:
(1)
The benefits and costs of consolidating the number of such programs and expanding the scope of such programs, as appropriate.
(2)
The prospects for improving coordination among such programs.
(3)
The impact of repealing section 660 of the Foreign Assistance Act of 1961 (22 U.S.C. 2420), including—
(A)
the potential opportunities such repeal would create for expanding existing programs or establishing new programs to improve the capacity, capabilities, and professionalism of such civilian security forces and institutions, including with respect to pay and promotions, benefits, leadership, and administration; and
(B)
the required elements necessary to ensure that any such program would enhance rule of law and safeguard human rights.
(c)
Civilian security forces— In this section, the term “civilian security forces” includes non-military security forces at the national, state, district, or local level that are responsible for internal security, do not report to a defense ministry or similar or related defense or military entity of a foreign government, and are assigned responsibility for one or more of the following:
(3)
Maritime and port security.
(4)
Customs law enforcement.
(5)
Sanctions monitoring and enforcement.
(8)
Counterproliferation.
(9)
Counter-transnational organized crime.
(10)
Improving the administration of justice.
(11)
Promoting respect for human rights.
(12)
Promoting the rule of law.
Sec. 842
Requirement for independent study of existing security assistance authorities
(a)
In general— Not later than 60 days after the date of the enactment of this Act, the Secretary shall enter into a contract with a federally funded research and development center with appropriate expertise and analytical capability to carry out the study described in subsection (b).
(b)
Study— The study required by subsection (a) shall provide for a comprehensive examination of—
(1)
the history and evolution of existing security assistance authorities and the original intent of such authorities;
(A)
such authorities have deviated from such original intent and explanations why; and
(B)
such authorities overlap or compete with one another; and
(3)
recommendations for consolidating, replacing, or otherwise adapting such authorities, as well as for establishing new ones, to include recommendations for differentiating authorities based on the capacity and capabilities they build as opposed to by issue or purpose.
(1)
changed
To the Secretary— Not later than one 1 year after the date on which , the Secretary enters into a contract pursuant to subsection (a), the independent research entity that has entered into a contract with the Secretary shall submit to the Secretary a report containing—
(A)
the results of the study required by subsection (a); and
(B)
such recommendations to improve the effectiveness of existing security assistance authorities as the entity considers to be appropriate.
(2)
To Congress— Not later than 30 days after receipt of the report under paragraph (1), the Secretary shall submit such report, together with any additional views or recommendations of the Secretary, to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.
Sec. 902
Limitation on assistance to countries in default
Section 620(q) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(q)) is amended—
(1)
by striking “No assistance” and inserting the following:
“(1) No assistance”
(2)
by inserting “the government of” before “any country”;
(3)
by inserting “the government of” before “such country” each place it appears;
(4)
by striking “determines” and all that follows and inserting “determines, after consultation with the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate, that assistance for such country is in the national interest of the United States.”; and
(5)
by adding at the end the following:
changed
“(2) No assistance shall be furnished under this Act, the Peace Corps Act, the Millennium Challenge Act of 2003, the African Development Foundation Act, the BUILD Act of 2018, section 504 of the FREEDOM Support Act, or section 23 of the Arms Export Control Act to the government of any country which is in default during a period in excess of 1 calendar year in payment to the United States of principal or interest or any loan made to the government of such country by the United States pursuant to a program for which funds are appropriated under such Act unless the President determines, following consultation with the congressional committees specified in paragraph (1), that assistance for such country is in the national interest of the United States.”
Sec. 1001
Determination of budgetary effects
added
added
The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.