S.Amdt. 4515

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

At the end, add the following:

DIVISION E--DEPARTMENT OF STATE AUTHORIZATION ACT OF 2021

SEC. 5001. SHORT TITLE.

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

SEC. 5002. DEFINITIONS.

In this division:
(1) Appropriate congressional committees.--The term ``
`appropriate congressional committees' '' means the Committee
on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives.
(2) Department.--If not otherwise specified, the term ``
`Department' '' means the Department of State.
(3) Secretary.--If not otherwise specified, the term ``
`Secretary' '' means the Secretary of State.

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

SEC. 5101. SENSE OF CONGRESS ON IMPORTANCE OF DEPARTMENT OF
STATE'S WORK.

It is the sense of Congress that--
(1) United States global engagement is key to a stable and
prosperous world;
(2) United States leadership is indispensable in light of
the many complex and interconnected threats facing the United
States and the world;
(3) diplomacy and development are critical tools of
national power, and full deployment of these tools is vital
to United States national security;
(4) challenges such as the global refugee and migration
crises, terrorism, historic famine and food insecurity, and
fragile or repressive societies cannot be addressed without
sustained and robust United States diplomatic and development
leadership;
(5) the United States Government must use all of the
instruments of national security and foreign policy at its
disposal to protect United States citizens, promote United
States interests and values, and support global stability and
prosperity;
(6) United States security and prosperity depend on having
partners and allies that share our interests and values, and
these partnerships are nurtured and our shared interests and
values are promoted through United States diplomatic
engagement, security cooperation, economic statecraft, and
assistance that helps further economic development, good
governance, including the rule of law and democratic
institutions, and the development of shared responses to
natural and humanitarian disasters;
(7) as the United States Government agencies primarily
charged with conducting diplomacy and development, the
Department and the United States Agency for International
Development (USAID) require sustained and robust funding to
carry out this important work, which is essential to our
ability to project United States leadership and values and to
advance United States interests around the world;
(8) the work of the Department and USAID makes the United
States and the world safer and more prosperous by alleviating
global poverty and hunger, fighting HIV/AIDS and other
infectious diseases, strengthening alliances, expanding
educational opportunities for women and girls, promoting good
governance and democracy, supporting anti-corruption efforts,
driving economic development and trade, preventing armed
conflicts and humanitarian crises, and creating American jobs
and export opportunities;
(9) the Department and USAID are vital national security
agencies, whose work is critical to the projection of United
States power and leadership worldwide, and without which
Americans would be less safe, United States economic power
would be diminished, and global stability and prosperity
would suffer;
(10) investing in diplomacy and development before
conflicts break out saves American lives while also being
cost-effective; and
(11) the contributions of personnel working at the
Department and USAID are extraordinarily valuable and allow
the United States to maintain its leadership around the
world.

SEC. 5102. BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR.

Paragraph (2) of section 1(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a) is amended--
(1) in subparagraph (A), by adding at the end the following
new sentence: ``All special envoys, ambassadors, and
coordinators located within the Bureau of Democracy, Human
Rights, and Labor shall report directly to the Assistant
Secretary unless otherwise provided by law.'';
(2) in subparagraph (B)(ii)--
(A) by striking ``section'' and inserting ``sections 116
and''; and
(B) by inserting before the period at the end the
following: ``(commonly referred to as the annual `Country
Reports on Human Rights Practices')''; and
(3) by adding at the end the following new subparagraphs:
``(C) Authorities.--In addition to the duties, functions,
and responsibilities specified in this paragraph, the
Assistant Secretary of State for Democracy, Human Rights, and
Labor is authorized to--
``(i) promote democracy and actively support human rights
throughout the world;
``(ii) promote the rule of law and good governance
throughout the world;
``(iii) strengthen, empower, and protect civil society
representatives, programs, and

[[Page S8007]]

organizations, and facilitate their ability to engage in
dialogue with governments and other civil society entities;
``(iv) work with regional bureaus to ensure adequate
personnel at diplomatic posts are assigned responsibilities
relating to advancing democracy, human rights, labor rights,
women's equal participation in society, and the rule of law,
with particular attention paid to adequate oversight and
engagement on such issues by senior officials at such posts;
``(v) review and, as appropriate, make recommendations that
shall be given equal weight to those of other bureaus or
offices to the Secretary of State regarding the proposed
transfer of--

``(I) defense articles and defense services authorized
under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.) or the Arms Export Control Act (22 U.S.C. 2751 et
seq.); and
``(II) military items listed on the `600 series' of the
Commerce Control List contained in Supplement No. 1 to part
774 of subtitle B of title 15, Code of Federal Regulations;

``(vi) coordinate programs and activities that protect and
advance the exercise of human rights and internet freedom in
cyberspace; and
``(vii) implement other relevant policies and provisions of
law.
``(D) Local oversight.--United States missions, when
executing DRL programming, to the extent practicable, should
assist in exercising oversight authority and coordinate with
the Bureau of Democracy, Human Rights, and Labor to ensure
that funds are appropriately used and comply with anti-
corruption practices.''.

SEC. 5103. ASSISTANT SECRETARY FOR INTERNATIONAL NARCOTICS
AND LAW ENFORCEMENT AFFAIRS.

(a) In General.--Section 1(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(c)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5); and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Assistant secretary for international narcotics and
law enforcement affairs.--
``(A) In general.--There is authorized to be in the
Department of State an Assistant Secretary for International
Narcotics and Law Enforcement Affairs, who shall be
responsible to the Secretary of State for all matters,
programs, and related activities pertaining to international
narcotics, anti-crime, and law enforcement affairs in the
conduct of foreign policy by the Department, including, as
appropriate, leading the coordination of programs carried out
by United States Government agencies abroad, and such other
related duties as the Secretary may from time to time
designate.
``(B) Areas of responsibility.--The Assistant Secretary for
International Narcotics and Law Enforcement Affairs shall
maintain continuous observation and coordination of all
matters pertaining to international narcotics, anti-crime,
and law enforcement affairs in the conduct of foreign policy,
including programs carried out by other United States
Government agencies when such programs pertain to the
following matters:
``(i) Combating international narcotics production and
trafficking.
``(ii) Strengthening foreign justice systems, including
judicial and prosecutorial capacity, appeals systems, law
enforcement agencies, prison systems, and the sharing of
recovered assets.
``(iii) Training and equipping foreign police, border
control, other government officials, and other civilian law
enforcement authorities for anti-crime purposes, including
ensuring that no foreign security unit or member of such unit
shall receive such assistance from the United States
Government absent appropriate vetting.
``(iv) Ensuring the inclusion of human rights and women's
participation issues in law enforcement programs, in
consultation with the Assistant Secretary for Democracy,
Human Rights, and Labor, and other senior officials in
regional and thematic bureaus and offices.
``(v) Combating, in conjunction with other relevant bureaus
of the Department of State and other United States Government
agencies, all forms of transnational organized crime,
including human trafficking, illicit trafficking in arms,
wildlife, and cultural property, migrant smuggling,
corruption, money laundering, the illicit smuggling of bulk
cash, the licit use of financial systems for malign purposes,
and other new and emerging forms of crime.
``(vi) Identifying and responding to global corruption,
including strengthening the capacity of foreign government
institutions responsible for addressing financial crimes and
engaging with multilateral organizations responsible for
monitoring and supporting foreign governments' anti-
corruption efforts.
``(C) Additional duties.--In addition to the
responsibilities specified in subparagraph (B), the Assistant
Secretary for International Narcotics and Law Enforcement
Affairs shall also--
``(i) carry out timely and substantive consultation with
chiefs of mission and, as appropriate, the heads of other
United States Government agencies to ensure effective
coordination of all international narcotics and law
enforcement programs carried out overseas by the Department
and such other agencies;
``(ii) coordinate with the Office of National Drug Control
Policy to ensure lessons learned from other United States
Government agencies are available to the Bureau of
International Narcotics and Law Enforcement Affairs of the
Department;
``(iii) develop standard requirements for monitoring and
evaluation of Bureau programs, including metrics for success
that do not rely solely on the amounts of illegal drugs that
are produced or seized;
``(iv) in coordination with the Secretary of State,
annually certify in writing to the Committee on Foreign
Relations of the Senate that United States and the Committee
on Foreign Affairs of the House of Representatives
enforcement personnel posted abroad whose activities are
funded to any extent by the Bureau of International Narcotics
and Law Enforcement Affairs are complying with section 207 of
the Foreign Service Act of 1980 (22 U.S.C. 3927); and
``(v) carry out such other relevant duties as the Secretary
may assign.
``(D) Rule of construction.--Nothing in this paragraph may
be construed to limit or impair the authority or
responsibility of any other Federal agency with respect to
law enforcement, domestic security operations, or
intelligence activities as defined in Executive Order
12333.''.
(b) Modification of Annual International Narcotics Control
Strategy Report.--Subsection (a) of section 489 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2291h) is amended
by inserting after paragraph (9) the following new paragraph:
``(10) A separate section that contains an identification
of all United States Government-supported units funded by the
Bureau of International Narcotics and Law Enforcement Affairs
and any Bureau-funded operations by such units in which
United States law enforcement personnel have been physically
present.''.

SEC. 5104. BUREAU OF CONSULAR AFFAIRS; BUREAU OF POPULATION,
REFUGEES, AND MIGRATION.

Section 1 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a) is amended--
(1) by redesignating subsection (g) as subsection (j); and
(2) by inserting after subsection (f) the following new
subsections:
``(g) Bureau of Consular Affairs.--There is in the
Department of State the Bureau of Consular Affairs, which
shall be headed by the Assistant Secretary of State for
Consular Affairs.
``(h) Bureau of Population, Refugees, and Migration.--There
is in the Department of State the Bureau of Population,
Refugees, and Migration, which shall be headed by the
Assistant Secretary of State for Population, Refugees, and
Migration.''.

SEC. 5105. OFFICE OF INTERNATIONAL DISABILITY RIGHTS.

(a) Establishment.--There should be established in the
Department of State an Office of International Disability
Rights (referred to in this section as the ``Office'').
(b) Duties.--The Office should--
(1) seek to ensure that all United States foreign
operations are accessible to, and inclusive of, persons with
disabilities;
(2) promote the human rights and full participation in
international development activities of all persons with
disabilities;
(3) promote disability inclusive practices and the training
of Department of State staff on soliciting quality programs
that are fully inclusive of people with disabilities;
(4) represent the United States in diplomatic and
multilateral fora on matters relevant to the rights of
persons with disabilities, and work to raise the profile of
disability across a broader range of organizations
contributing to international development efforts;
(5) conduct regular consultation with civil society
organizations working to advance international disability
rights and empower persons with disabilities internationally;
(6) consult with other relevant offices at the Department
that are responsible for drafting annual reports documenting
progress on human rights, including, wherever applicable,
references to instances of discrimination, prejudice, or
abuses of persons with disabilities;
(7) advise the Bureau of Human Resources or its equivalent
within the Department regarding the hiring and recruitment
and overseas practices of civil service employees and Foreign
Service officers with disabilities and their family members
with chronic medical conditions or disabilities; and
(8) carry out such other relevant duties as the Secretary
of State may assign.
(c) Supervision.--The Office may be headed by--
(1) a senior advisor to the appropriate Assistant Secretary
of State; or
(2) an officer exercising significant authority who reports
to the President or Secretary of State, appointed by and with
the advice and consent of the Senate.
(d) Consultation.--The Secretary of State should direct
Ambassadors at Large, Representatives, Special Envoys, and
coordinators working on human rights to consult with the
Office to promote the human rights and full participation in
international development activities of all persons with
disabilities.

SEC. 5106. SPECIAL APPOINTMENT AUTHORITY.

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

[[Page S8008]]

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

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

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

SEC. 5108. ANTI-PIRACY INFORMATION SHARING.

The Secretary is authorized to provide for the
participation by the United States in the Information Sharing
Centre located in Singapore, as established by the Regional
Cooperation Agreement on Combating Piracy and Armed Robbery
against Ships in Asia (ReCAAP).

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

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

SEC. 5110. CLASSIFICATION AND ASSIGNMENT OF FOREIGN SERVICE
OFFICERS.

The Foreign Service Act of 1980 is amended--
(1) in section 501 (22 U.S.C. 3981), by inserting ``If a
position designated under this section is unfilled for more
than 365 calendar days, such position may be filled, as
appropriate, on a temporary basis, in accordance with section
309.'' after ``Positions designated under this section are
excepted from the competitive service.''; and
(2) in paragraph (2) of section 502(a) (22 U.S.C. 3982(a)),
by inserting ``, or domestically, in a position working on
issues relating to a particular country or geographic area,''
after ``geographic area''.

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

Subsection (c) of section 1 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a), as amended by
section 5103 of this Act, is further amended--
(1) by redesignating paragraph (4) (as redesignated
pursuant to such section 5103) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) Energy resources.--
``(A) Authorization for assistant secretary.--Subject to
the numerical limitation specified in paragraph (1), there is
authorized to be established in the Department of State an
Assistant Secretary of State for Energy Resources.
``(B) Personnel.--If the Department establishes an
Assistant Secretary of State for Energy Resources in
accordance with the authorization provided in subparagraph
(A), the Secretary of State shall ensure there are sufficient
personnel dedicated to energy matters within the Department
of State whose responsibilities shall include--
``(i) formulating and implementing international policies
aimed at protecting and advancing United States energy
security interests by effectively managing United States
bilateral and multilateral relations;
``(ii) ensuring that analyses of the national security
implications of global energy and environmental developments
are reflected in the decision making process within the
Department;
``(iii) incorporating energy security priorities into the
activities of the Department;
``(iv) coordinating energy activities of the Department
with relevant Federal departments and agencies;
``(v) coordinating with the Office of Sanctions
Coordination on economic sanctions pertaining to the
international energy sector; and
``(vi) working internationally to--

``(I) support the development of energy resources and the
distribution of such resources for the benefit of the United
States and United States allies and trading partners for
their energy security and economic development needs;
``(II) promote availability of diversified energy supplies
and a well-functioning global market for energy resources,
technologies, and expertise for the benefit of the United
States and United States allies and trading partners;
``(III) resolve international disputes regarding the
exploration, development, production, or distribution of
energy resources;
``(IV) support the economic and commercial interests of
United States persons operating in the energy markets of
foreign countries;
``(V) support and coordinate international efforts to
alleviate energy poverty;
``(VI) leading the United States commitment to the
Extractive Industries Transparency Initiative; and
``(VII) coordinating energy security and other relevant
functions within the Department currently undertaken by--

``(aa) the Bureau of Economic and Business Affairs;
``(bb) the Bureau of Oceans and International Environmental
and Scientific Affairs; and
``(cc) other offices within the Department of State.''.

SEC. 5112. THE NATIONAL MUSEUM OF AMERICAN DIPLOMACY.

Title I of the State Department Basic Authorities Act of
1956 is amended by adding after section 63 (22 U.S.C. 2735)
the following new section:

``SEC. 64. THE NATIONAL MUSEUM OF AMERICAN DIPLOMACY.

``(a) Activities.--

[[Page S8009]]

``(1) Support authorized.--The Secretary of State is
authorized to provide, by contract, grant, or otherwise, for
the performance of appropriate museum visitor and educational
outreach services and related events, including organizing
programs and conference activities, museum shop services and
food services in the public exhibition and related space
utilized by the National Museum of American Diplomacy.
``(2) Recovery of costs.--The Secretary of State is
authorized to recover any revenues generated under the
authority of paragraph (1) for visitor and outreach services
and related events referred to in such paragraph, including
fees for use of facilities at the National Museum for
American Diplomacy. Any such revenues may be retained as a
recovery of the costs of operating the museum.
``(b) Disposition of National Museum of American Diplomacy
Documents, Artifacts, and Other Articles.--
``(1) Property.--All historic documents, artifacts, or
other articles permanently acquired by the Department of
State and determined by the Secretary of State to be suitable
for display by the National Museum of American Diplomacy
shall be considered to be the property of the United States
Government and shall be subject to disposition solely in
accordance with this subsection.
``(2) Sale, trade, or transfer.--Whenever the Secretary of
State makes the determination described in paragraph (3) with
respect to a document, artifact, or other article under
paragraph (1), the Secretary may sell at fair market value,
trade, or transfer such document, artifact, or other article
without regard to the requirements of subtitle I of title 40,
United States Code. The proceeds of any such sale may be used
solely for the advancement of the mission of the National
Museum of American Diplomacy and may not be used for any
purpose other than the acquisition and direct care of the
collections of the museum.
``(3) Determinations prior to sale, trade, or transfer.--
The determination described in this paragraph with respect to
a document, artifact, or other article under paragraph (1),
is a determination that--
``(A) such document, artifact, or other article no longer
serves to further the purposes of the National Museum of
American Diplomacy as set forth in the collections management
policy of the museum;
``(B) the sale, trade, or transfer of such document,
artifact, or other article would serve to maintain the
standards of the collection of the museum; or
``(C) sale, trade, or transfer of such document, artifact,
or other article would be in the best interests of the United
States.
``(4) Loans.--In addition to the authorization under
paragraph (2) relating to the sale, trade, or transfer of
documents, artifacts, or other articles under paragraph (1),
the Secretary of State may loan such documents, artifacts, or
other articles, when not needed for use or display by the
National Museum of American Diplomacy to the Smithsonian
Institution or a similar institution for repair, study, or
exhibition.''.

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

(a) In General.--Subsection (e) of section 7 of the
Fishermen's Protective Act of 1967 (22 U.S.C. 1977) is
amended to read as follows:
``(e) Amounts.--Payments may be made under this section
only to such extent and in such amounts as are provided in
advance in appropriation Acts.''.
(b) Retroactive Applicability.--
(1) Effective date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act
and apply as if the date specified in subsection (e) of
section 7 of the Fishermen's Protective Act of 1967, as in
effect on the day before the date of the enactment of this
Act, were the day after such date of enactment.
(2) Agreements and payments.--The Secretary is authorized
to--
(A) enter into agreements pursuant to section 7 of the
Fishermen's Protective Act of 1967 for any claims to which
such section would otherwise apply but for the date specified
in subsection (e) of such section, as in effect on the day
before the date of the enactment of this Act; and
(B) make payments in accordance with agreements entered
into pursuant to such section if any such payments have not
been made as a result of the expiration of the date specified
in such section, as in effect on the day before the date of
the enactment of this Act.

SEC. 5114. ART IN EMBASSIES.

(a) In General.--No funds are authorized to be appropriated
for the purchase of any piece of art for the purposes of
installation or display in any embassy, consulate, or other
foreign mission of the United States if the purchase price of
such piece of art is in excess of $50,000, unless such
purchase is subject to prior consultation with, and the
regular notification procedures of, the appropriate
congressional committees.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report on the costs of
the Art in Embassies Program for each of fiscal years 2012,
2013, and 2014.
(c) Sunset.--This section shall terminate on the date that
is 2 years after the date of the enactment of this Act.
(d) Definition.--In this section, the term ``art'' includes
paintings, sculptures, photographs, industrial design, and
craft art.

SEC. 5115. AMENDMENT OR REPEAL OF REPORTING REQUIREMENTS.

(a) Burma.--
(1) In general.--Section 570 of Public Law 104-208 is
amended--
(A) by amending subsection (c) to read as follows:
``(c) Multilateral Strategy.--The President shall develop,
in coordination with likeminded countries, a comprehensive,
multilateral strategy to--
``(1) assist Burma in addressing corrosive malign influence
of the People's Republic of China; and
``(2) support a return to democratic governance, and
support constitutional, economic, and security sector reforms
in Burma designed to--
``(A) advance democratic development and improve human
rights practices and the quality of life; and
``(B) promote genuine national reconciliation.''; and
(B) in subsection (d)--
(i) in the matter preceding paragraph (1), by striking
``six months'' and inserting ``year'';
(ii) by redesignating paragraph (3) as paragraph (7); and
(iii) by inserting after paragraph (2) the following new
paragraphs:
``(3) improvements in human rights practices;
``(4) progress toward broad-based and inclusive economic
growth; and
``(5) progress toward genuine national reconciliation.''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date of the enactment of this Act
and apply with respect to the first report required under
subsection (d) of section 570 of Public Law 104-208 that is
required after the date of the enactment of this Act.
(b) Repeals.--The following provisions of law are hereby
repealed:
(1) Subsection (b) of section 804 of Public Law 101-246.
(2) Section 6 of Public Law 104-45.
(3) Subsection (c) of section 702 of Public Law 96-465 (22
U.S.C. 4022).
(4) Section 404 of the Arms Control and Disarmament Act (22
U.S.C. 2593b).
(5) Section 5 of Public Law 94-304 (22 U.S.C. 3005).
(6) Subsection (b) of section 502 of the International
Security and Development Cooperation Act of 1985 (22 U.S.C.
2349aa-7).
(c) Report to Congress.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of State and
the Administrator of the United States Agency for
International Development shall submit to the appropriate
congressional committees a report that includes each of the
following:
(1) A list of all reports described in subsection (d)
required to be submitted by their respective agency.
(2) For each such report, a citation to the provision of
law under which the report is required to be submitted.
(3) The reporting frequency of each such report.
(4) The estimated cost of each report, to include personnel
time costs.
(d) Covered Reports.--A report described in this subsection
is a recurring report that is required to be submitted to
Congress by the Department of State or the United States
Agency for International Development, or by any officer,
official, component, or element of each entity.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.

SEC. 5116. REPORTING ON IMPLEMENTATION OF GAO
RECOMMENDATIONS.

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

[[Page S8010]]

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

SEC. 5117. OFFICE OF GLOBAL CRIMINAL JUSTICE.

(a) In General.--There should be established within the
Department of State an Office of Global Criminal Justice
(referred to in this section as the ``Office''), which may be
placed within the organizational structure of the Department
at the discretion of the Secretary.
(b) Duties.--The Office should carry out the following:
(1) Advise the Secretary and other relevant senior
officials on issues related to atrocities, including war
crimes, crimes against humanity, and genocide.
(2) Assist in formulating United States policy on the
prevention of, responses to, and accountability for
atrocities.
(3) Coordinate, as appropriate and with other relevant
Federal departments and agencies, United States Government
positions relating to the international and hybrid courts
currently prosecuting persons suspected of atrocities around
the world.
(4) Work with other governments, international
organizations, and nongovernmental organizations, as
appropriate, to establish and assist international and
domestic commissions of inquiry, fact-finding missions, and
tribunals to investigate, document, and prosecute atrocities
around the world.
(5) Coordinate, as appropriate and with other relevant
Federal departments and agencies, the deployment of
diplomatic, legal, economic, military, and other tools to
help collect evidence of atrocities, judge those responsible,
protect and assist victims, enable reconciliation, prevent
and deter atrocities, and promote the rule of law.
(6) Provide advice and expertise on transitional justice
mechanisms to United States personnel operating in conflict
and post-conflict environments.
(7) Act as a point of contact for international, hybrid,
and domestic tribunals exercising jurisdiction over
atrocities committed around the world.
(8) Represent the Department on any interagency whole-of-
government coordinating entities addressing genocide and
other atrocities.
(9) Perform any additional duties and exercise such powers
as the Secretary of State may prescribe.
(c) Supervision.--If established, the Office shall be led
by an Ambassador-at-Large for Global Criminal Justice who is
nominated by the President and appointed by and with the
advice and consent of the Senate.

TITLE II--EMBASSY CONSTRUCTION

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

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

SEC. 5202. STANDARD DESIGN IN CAPITAL CONSTRUCTION.

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

SEC. 5203. CAPITAL CONSTRUCTION TRANSPARENCY.

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

SEC. 5204. CONTRACTOR PERFORMANCE INFORMATION.

(a) Deadline for Completion.--The Secretary shall complete
all contractor performance evaluations outstanding as of the
date of the enactment of this Act required by subpart 42.15
of the Federal Acquisition Regulation for those contractors
engaged in construction of new embassy or new consulate
compounds by April 1, 2022.
(b) Prioritization System.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall develop a
prioritization system for clearing the current backlog of
required evaluations referred to in subsection (a).
(2) Elements.--The system required under paragraph (1)
should prioritize the evaluations as follows:
(A) Project completion evaluations should be prioritized
over annual evaluations.
(B) Evaluations for relatively large contracts should have
priority.
(C) Evaluations that would be particularly informative for
the awarding of government contracts should have priority.
(c) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall brief the
appropriate congressional committees on the Department's plan
for completing all evaluations by April 1, 2022, in
accordance with subsection (a) and the prioritization system
developed pursuant to subsection (b).
(d) Sense of Congress.--It is the sense of Congress that--
(1) contractors deciding whether to bid on Department
contracts would benefit from greater understanding of the
Department as a client; and
(2) the Department should develop a forum where contractors
can comment on the Department's project management
performance.

SEC. 5205. GROWTH PROJECTIONS FOR NEW EMBASSIES AND
CONSULATES.

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

[[Page S8011]]

for a NEC or NCC submitted after the date of the enactment of
this Act shall include the growth assumption used pursuant to
subsection (c).

SEC. 5206. LONG-RANGE PLANNING PROCESS.

(a) Plans Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for the
next five years as the Secretary of State considers
appropriate, the Secretary shall develop--
(A) a comprehensive 6-year plan documenting the
Department's overseas building program for the replacement of
overseas diplomatic posts taking into account security
factors under the Secure Embassy Construction and
Counterterrorism Act of 1999 and other relevant statutes and
regulations, as well as occupational safety and health
factors pursuant to the Occupational Safety and Health Act of
1970 and other relevant statutes and regulations, including
environmental factors such as indoor air quality that impact
employee health and safety; and
(B) a comprehensive 6-year plan detailing the Department's
long-term planning for the maintenance and sustainment of
completed diplomatic posts, which takes into account security
factors under the Secure Embassy Construction and
Counterterrorism Act of 1999 and other relevant statutes and
regulations, as well as occupational safety and health
factors pursuant to the Occupational Safety and Health Act of
1970 and other relevant statutes and regulations, including
environmental factors such as indoor air quality that impact
employee health and safety.
(2) Initial report.--The first plan developed pursuant to
paragraph (1)(A) shall also include a one-time status report
on existing small diplomatic posts and a strategy for
establishing a physical diplomatic presence in countries in
which there is no current physical diplomatic presence and
with which the United States maintains diplomatic relations.
Such report, which may include a classified annex, shall
include the following:
(A) A description of the extent to which each small
diplomatic post furthers the national interest of the United
States.
(B) A description of how each small diplomatic post
provides American Citizen Services, including data on
specific services provided and the number of Americans
receiving services over the previous year.
(C) A description of whether each small diplomatic post
meets current security requirements.
(D) A description of the full financial cost of maintaining
each small diplomatic post.
(E) Input from the relevant chiefs of mission on any unique
operational or policy value the small diplomatic post
provides.
(F) A recommendation of whether any small diplomatic posts
should be closed.
(3) Updated information.--The annual updates of each of the
plans developed pursuant to paragraph (1) shall highlight any
changes from the previous year's plan to the ordering of
construction and maintenance projects.
(b) Reporting Requirements.--
(1) Submission of plans to congress.--Not later than 60
days after the completion of each plan required under
subsection (a), the Secretary shall submit the plans to the
appropriate congressional committees.
(2) Reference in budget justification materials.--In the
budget justification materials submitted to the appropriate
congressional committees in support of the Department's
budget for any fiscal year (as submitted with the budget of
the President under section 1105(a) of title 31, United
States Code), the plans required under subsection (a) shall
be referenced to justify funding requested for building and
maintenance projects overseas.
(3) Form of report.--Each report required under paragraph
(1) shall be submitted in unclassified form but may include a
classified annex.
(c) Small Diplomatic Post Defined.--In this section, the
term ``small diplomatic post'' means any United States
embassy or consulate that has employed five or fewer United
States Government employees or contractors on average over
the 36 months prior to the date of the enactment of this Act.

SEC. 5207. VALUE ENGINEERING AND RISK ASSESSMENT.

(a) Findings.--Congress makes the following findings:
(1) Federal departments and agencies are required to use
value engineering (VE) as a management tool, where
appropriate, to reduce program and acquisition costs pursuant
to OMB Circular A-131, Value Engineering, dated December 31,
2013.
(2) OBO has a Policy Directive and Standard Operation
Procedure, dated May 24, 2017, on conducting risk management
studies on all international construction projects.
(b) Notification Requirements.--
(1) Submission to authorizing committees.--Any operating
plan that includes the allocation of capital construction and
maintenance funds shall be submitted to the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives.
(2) Requirement to confirm completion of value engineering
and risk assessment studies.--The notifications required
under paragraph (1) shall include confirmation that the
Department has completed the requisite VE and risk management
process described in subsection (a), or applicable successor
process.
(c) Reporting and Briefing Requirements.--The Secretary
shall provide to the appropriate congressional committees
upon request--
(1) a description of each risk management study referred to
in subsection (a)(2) and a table detailing which
recommendations related to each such study were accepted and
which were rejected; and
(2) a report or briefing detailing the rationale for not
implementing any such recommendations that may otherwise
yield significant cost savings to the Department if
implemented.

SEC. 5208. BUSINESS VOLUME.

Section 402(c)(2)(E) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4852(c)(2)(E)) is
amended by striking ``in 3 years'' and inserting
``cumulatively over 3 years''.

SEC. 5209. EMBASSY SECURITY REQUESTS AND DEFICIENCIES.

The Secretary of State shall provide to the appropriate
congressional committees, the Committee on Armed Services of
the House of Representatives, and the Committee on Armed
Services of the Senate upon request information on physical
security deficiencies at United States diplomatic posts,
including relating to the following:
(1) Requests made over the previous year by United States
diplomatic posts for security upgrades.
(2) Significant security deficiencies at United States
diplomatic posts that are not operating out of a new embassy
compound or new consulate compound.

SEC. 5210. OVERSEAS SECURITY BRIEFINGS.

Not later than one year after the date of the enactment of
this Act, the Secretary of State shall revise the Foreign
Affairs Manual to stipulate that information on the current
threat environment shall be provided to all United States
Government employees under chief of mission authority
traveling to a foreign country on official business. To the
extent practicable, such material shall be provided to such
employees prior to their arrival at a United States
diplomatic post or as soon as possible thereafter.

SEC. 5211. CONTRACTING METHODS IN CAPITAL CONSTRUCTION.

(a) Delivery.--Unless the Secretary of State notifies the
appropriate congressional committees that the use of the
design-build project delivery method would not be
appropriate, the Secretary shall make use of such method at
United States diplomatic posts that have not yet received
design or capital construction contracts as of the date of
the enactment of this Act.
(b) Notification.--Before executing a contract for a
delivery method other than design-build in accordance with
subsection (a), the Secretary of State shall notify the
appropriate congressional committees in writing of the
decision, including the reasons therefor. The notification
required by this subsection may be included in any other
report regarding a new United States diplomatic post that is
required to be submitted to the appropriate congressional
committees.
(c) Performance Evaluation.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of State
shall report to the appropriate congressional committees
regarding performance evaluation measures in accordance with
GAO's ``Standards for Internal Control in the Federal
Government'' that will be applicable to design and
construction, lifecycle cost, and building maintenance
programs of the Bureau of Overseas Building Operations of the
Department.

SEC. 5212. COMPETITION IN EMBASSY CONSTRUCTION.

Not later than 45 days after the date of the enactment of
this Act, the Secretary of State shall submit to the
appropriate congressional committee a report detailing steps
the Department of State is taking to expand the embassy
construction contractor base in order to increase competition
and maximize value.

SEC. 5213. STATEMENT OF POLICY.

It is the policy of the United States that the Bureau of
Overseas Building Operations of the Department or its
successor office shall continue to balance functionality and
security with accessibility, as defined by guidelines
established by the United States Access Board in constructing
embassies and consulates, and shall ensure compliance with
the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et
seq.) to the fullest extent possible.

SEC. 5214. DEFINITIONS.

In this title:
(1) Design-build.--The term ``design-build'' means a method
of project delivery in which one entity works under a single
contract with the Department to provide design and
construction services.
(2) Non-standard design.--The term ``non-standard design''
means a design for a new embassy compound project or new
consulate compound project that does not utilize a
standardized design for the structural, spatial, or security
requirements of such embassy compound or consulate compound,
as the case may be.

TITLE III--PERSONNEL ISSUES

SEC. 5301. DEFENSE BASE ACT INSURANCE WAIVERS.

(a) Application for Waivers.--Not later than 30 days after
the date of the enactment of this Act, the Secretary shall
apply to the Department of Labor for a waiver from insurance
requirements under the Defense Base Act (42 U.S.C. 1651 et
seq.) for all countries with respect to which the requirement

[[Page S8012]]

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

SEC. 5302. STUDY ON FOREIGN SERVICE ALLOWANCES.

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

SEC. 5303. SCIENCE AND TECHNOLOGY FELLOWSHIPS.

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

SEC. 5304. TRAVEL FOR SEPARATED FAMILIES.

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

SEC. 5305. HOME LEAVE TRAVEL FOR SEPARATED FAMILIES.

Section 903(b) of the Foreign Service Act of 1980 (22
U.S.C. 4083(b)) is amended by adding at the end the following
new sentence: ``In cases in which a member of the Service has
official orders to an unaccompanied post and in which the
family members of the member reside apart from the member at
authorized locations outside the United States, the member
may take the leave ordered under this section where that
member's family members reside, notwithstanding section 6305
of title 5, United States Code.''.

SEC. 5306. SENSE OF CONGRESS REGARDING CERTAIN FELLOWSHIP
PROGRAMS.

It is the sense of Congress that Department fellowships
that promote the employment of candidates belonging to under-
represented groups, including the Charles B. Rangel
International Affairs Graduate Fellowship Program, the Thomas
R. Pickering Foreign Affairs Fellowship Program, and the
Donald M. Payne International Development Fellowship Program,
represent smart investments vital for building a strong,
capable, and representative national security workforce.

SEC. 5307. TECHNICAL CORRECTION.

Subparagraph (A) of section 601(c)(6) of the Foreign
Service Act of 1980 (22 U.S.C. 4001(c)(6)) is amended, in the
matter preceding clause (i), by--
(1) striking ``promotion'' and inserting ``promotion, on or
after January 1, 2017,''; and
(2) striking ``individual joining the Service on or after
January 1, 2017,'' and inserting ``Foreign Service officer,
appointed under section 302(a)(1), who has general
responsibility for carrying out the functions of the
Service''.

SEC. 5308. FOREIGN SERVICE AWARDS.

(a) In General.--Section 614 of the Foreign Service Act of
1980 (22 U.S.C. 4013) is amended--
(1) by amending the section heading to read as follows:
``department awards''; and
(2) in the first sentence, by inserting ``or Civil
Service'' after ``the Service''.
(b) Conforming Amendment.--The item relating to section 614
in the table of contents of the Foreign Service Act of 1980
is amended to read as follows:

``Sec. 614. Department awards.''.

SEC. 5309. DIPLOMATIC PROGRAMS.

(a) Sense of Congress on Workforce Recruitment.--It is the
sense of Congress that the Secretary should continue to hold
entry-level classes for Foreign Service officers and
specialists and continue to recruit civil servants through
programs such as the Presidential Management Fellows Program
and Pathways Internship Programs in a manner and at a
frequency consistent with prior years and consistent with the
need to maintain a pool of experienced personnel effectively
distributed across skill codes and ranks. It is further the
sense of Congress that absent continuous recruitment and
training of Foreign Service officers and civil servants, the
Department will lack experienced, qualified personnel in the
short, medium, and long terms.
(b) Limitation.--The Secretary should not implement any
reduction-in-force action under section 3502 or 3595 of title
5, United States Code, or for any incentive payments for
early separation or retirement under any other provision of
law unless--
(1) the appropriate congressional committees are notified
not less than 15 days in advance of such obligation or
expenditure; and
(2) the Secretary has provided to the appropriate
congressional committees a detailed report that describes the
Department's strategic staffing goals, including--
(A) a justification that describes how any proposed
workforce reduction enhances the effectiveness of the
Department;
(B) a certification that such workforce reduction is in the
national interest of the United States;

[[Page S8013]]

(C) a comprehensive strategic staffing plan for the
Department, including 5-year workforce forecasting and a
description of the anticipated impact of any proposed
workforce reduction; and
(D) a dataset displaying comprehensive workforce data for
all current and planned employees of the Department,
disaggregated by--
(i) Foreign Service officer and Foreign Service specialist
rank;
(ii) civil service job skill code, grade level, and bureau
of assignment;
(iii) contracted employees, including the equivalent job
skill code and bureau of assignment; and
(iv) employees hired under schedule C of subpart C of part
213 of title 5, Code of Federal Regulations, including their
equivalent grade and job skill code and bureau of assignment.

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

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

SEC. 5311. EMPLOYEE ASSIGNMENT RESTRICTIONS AND PRECLUSIONS.

(a) Sense of Congress.--It is the sense of Congress that
the Department should expand the appeal process it makes
available to employees related to assignment preclusions and
restrictions.
(b) Appeal of Assignment Restriction or Preclusion.--
Subsection (a) of section 414 of the Department of State
Authorities Act, Fiscal Year 2017 (22 U.S.C. 2734c(a)) is
amended by adding at the end the following new sentences:
``Such right and process shall ensure that any employee
subjected to an assignment restriction or preclusion shall
have the same appeal rights as provided by the Department
regarding denial or revocation of a security clearance. Any
such appeal shall be resolved not later than 60 days after
such appeal is filed.''.
(c) Notice and Certification.--Not later than 90 days after
the date of the enactment of this Act, the Secretary shall
revise, and certify to the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs of the House
of Representatives regarding such revision, the Foreign
Affairs Manual guidance regarding denial or revocation of a
security clearance to expressly state that all review and
appeal rights relating thereto shall also apply to any
recommendation or decision to impose an assignment
restriction or preclusion to an employee.

SEC. 5312. RECALL AND REEMPLOYMENT OF CAREER MEMBERS.

(a) Sense of Congress.--It is the sense of Congress that--
(1) career Department employees provide invaluable service
to the United States as nonpartisan professionals who
contribute subject matter expertise and professional skills
to the successful development and execution of United States
foreign policy; and
(2) reemployment of skilled former members of the Foreign
and civil service who have voluntarily separated from the
Foreign or civil service due to family reasons or to obtain
professional skills outside government is of benefit to the
Department.
(b) Notice of Employment Opportunities.--Title 5, United
States Code, is amended by inserting after chapter 102 the
following new chapter:

``CHAPTER 103--DEPARTMENT OF STATE

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

``Sec. 10301. Notice of employment opportunities for
Department of State and USAID positions

``To ensure that individuals who have separated from the
Department of State or the United States Agency for
International Development and who are eligible for
reappointment are aware of such opportunities, the Department
of State and the United States Agency for International
Development shall publicize notice of all employment
opportunities, including positions for which the relevant
agency is accepting applications from individuals within the
agency's workforce under merit promotion procedures, on
publicly accessible sites, including
www.usajobs.gov.
If
using merit promotion procedures, the notice shall expressly
state that former employees eligible for reinstatement may
apply.''.
(c) Clerical Amendment.--The table of chapters at the
beginning of title 5, United States Code, is amended by
inserting after the item relating to chapter 102 the
following:

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

SEC. 5313. STRATEGIC STAFFING PLAN FOR THE DEPARTMENT OF
STATE.

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

SEC. 5314. CONSULTING SERVICES.

Chapter 103 of title 5, United States Code, as added by
section 5312, is amended by adding at the end the following:

``Sec. 10302. Consulting services for the Department of State

``Any consulting service obtained by the Department of
State through procurement contract pursuant to section 3109
of title 5, United States Code, shall be limited to those
contracts with respect to which expenditures are a matter of
public record and available for public inspection, except if
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.''.

SEC. 5315. INCENTIVES FOR CRITICAL POSTS.

Section 1115(d) of the Supplemental Appropriations Act,
2009 (Public Law 111-32) is amended by striking the last
sentence.

SEC. 5316. EXTENSION OF AUTHORITY FOR CERTAIN ACCOUNTABILITY
REVIEW BOARDS.

Section 301(a)(3) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) is amended--
(1) in the heading, by striking ``afghanistan and'' and
inserting ``afghanistan, yemen, syria, and''; and
(2) in subparagraph (A)--
(A) in clause (i), by striking ``Afghanistan or'' and
inserting ``Afghanistan, Yemen, Syria, or''; and
(B) in clause (ii), by striking ``beginning on October 1,
2005, and ending on September 30, 2009'' and inserting
``beginning on October 1, 2020, and ending on September 30,
2022''.

SEC. 5317. FOREIGN SERVICE SUSPENSION WITHOUT PAY.

Subsection (c) of section 610 of the Foreign Service Act of
1980 (22 U.S.C. 4010) is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``suspend'' and inserting ``indefinitely
suspend without duties'';
(2) by redesignating paragraph (5) as paragraph (7);
(3) by inserting after paragraph (4) the following new
paragraphs:
``(5) Any member of the Service suspended from duties under
this subsection may be suspended without pay only after a
final written decision is provided to such member under
paragraph (2).
``(6) If no final written decision under paragraph (2) has
been provided within 1 calendar year of the date the
suspension at issue was proposed, not later than 30 days
thereafter the Secretary of State shall report to the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate in
writing regarding the specific reasons for such delay.''; and
(4) in paragraph (7), as so redesignated--
(A) by striking ``(7) In this subsection:'';
(B) in subparagraph (A), by striking ``(A) The term'' and
inserting the following:
``(7) In this subsection, the term'';
(C) by striking subparagraph (B) (relating to the
definition of ``suspend'' and ``suspension''); and

[[Page S8014]]

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

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

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

SEC. 5319. WAIVER AUTHORITY FOR INDIVIDUAL OCCUPATIONAL
REQUIREMENTS OF CERTAIN POSITIONS.

The Secretary of State may waive any or all of the
individual occupational requirements with respect to an
employee or prospective employee of the Department of State
for a civilian position categorized under the GS-0130
occupational series if the Secretary determines that the
individual possesses significant scientific, technological,
engineering, or mathematical expertise that is integral to
performing the duties of the applicable position, based on
demonstrated job performance and qualifying experience. With
respect to each waiver granted under this subsection, the
Secretary shall set forth in a written document that is
transmitted to the Director of the Office of Personnel
Management the rationale for the decision of the Secretary to
waive such requirements.

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

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

SEC. 5321. REST AND RECUPERATION AND OVERSEAS OPERATIONS
LEAVE FOR FEDERAL EMPLOYEES.

(a) In General.--Subchapter II of chapter 63 of title 5,
United States Code, is amended by adding at the end the
following new sections:

``Sec. 6329d. Rest and recuperation leave

``(a) Definitions.--In this section--
``(1) the term `agency' means an Executive agency (as that
term is defined in section 105), but does not include the
Government Accountability Office;
``(2) the term `combat zone' means a geographic area
designated by an Executive order of the President as an area
in which the Armed Forces are engaging or have engaged in
combat, an area designated by law to be treated as a combat
zone, or a location the Department of Defense has certified
for combat zone tax benefits due to its direct support of
military operations;
``(3) the term `employee' has the meaning given that term
in section 6301 of this title;
``(4) the term `high risk, high threat post' has the
meaning given that term in section 104 of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C.
4803); and
``(5) the term `leave year' means the period beginning on
the first day of the first complete pay period in a calendar
year and ending on the day immediately before the first day
of the first complete pay period in the following calendar
year.
``(b) Leave for Rest and Recuperation.--The head of an
agency may prescribe regulations to grant up to 20 days of
paid leave, per leave year, for the purposes of rest and
recuperation to an employee of the agency serving in a combat
zone, any other high risk, high threat post, or any other
location presenting significant security or operational
challenges.
``(c) Discretionary Authority of Agency Head.--Use of the
authority under subsection (b) is at the sole and exclusive
discretion of the head of the agency concerned.
``(d) Records.--An agency shall record leave provided under
this section separately from leave authorized under any other
provision of law.

``Sec. 6329e. Overseas operations leave

``(a) Definitions.--In this section--
``(1) the term `agency' means an Executive agency (as that
term is defined in section 105 of this title), but does not
include the Government Accountability Office;
``(2) the term `employee' has the meaning given that term
in section 6301 of this title; and
``(3) the term `leave year' means the period beginning with
the first day of the first complete pay period in a calendar
year and ending with the day immediately before the first day
of the first complete pay period in the following calendar
year.
``(b) Leave for Overseas Operations.--The head of an agency
may prescribe regulations to grant up to 10 days of paid
leave, per leave year, to an employee of the agency serving
abroad where the conduct of business could pose potential
security or safety related risks or would be inconsistent
with host-country practice. Such regulations may provide that
additional leave days may be granted during such leave year
if the head of the agency determines that to do so is
necessary to advance the national security or foreign policy
interests of the United States.
``(c) Discretionary Authority of Agency Head.--Use of the
authority under subsection (b) is at the sole and exclusive
discretion of the head of the agency concerned.
``(d) Records.--An agency shall record leave provided under
this section separately from leave authorized under any other
provision of law.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 6329c the following new items:

``6329d. Rest and recuperation leave.
``6329e. Overseas operations leave.''.

SEC. 5322. EXTENSION OF AUTHORITY FOR CORONAVIRUS RELATED
PAYMENTS.

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

SEC. 5323. EDUCATION ALLOWANCES DUE TO CORONAVIRUS.

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

SEC. 5324. EMERGENCY MEDICAL SERVICES AUTHORITY.

Section 3 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2670) is amended--
(1) in subsection (l), by striking ``and'' after the
semicolon;
(2) in subsection (m), by striking the period and inserting
``; and''; and
(3) by adding at the end the following new subsection:
``(n) in exigent circumstances, as determined by the
Secretary, provide emergency medical services or related
support for private United States citizens, nationals, and
permanent resident aliens abroad, or third country nationals
connected to such persons or to the diplomatic or development
missions of the United States abroad, who are unable to
obtain such services or support otherwise, with such
assistance provided on a reimbursable basis to the extent
feasible.''.

SEC. 5325. DEPARTMENT OF STATE STUDENT INTERNSHIP PROGRAM.

(a) In General.--The Secretary of State shall establish the
Department of State Student Internship Program (in this
section referred to as the ``Program'') to offer internship
opportunities at the Department of State to eligible students
to raise awareness of the essential role of diplomacy in the
conduct of United States foreign policy and the realization
of United States foreign policy objectives.
(b) Eligibility.--To be eligible to participate in the
Program, an applicant shall--
(1) be enrolled, not less than half-time, at--
(A) an institution of higher education (as such term is
defined section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002)); or
(B) an institution of higher education based outside the
United States, as determined by the Secretary of State;
(2) be able to receive and hold an appropriate security
clearance; and
(3) satisfy such other criteria as established by the
Secretary.
(c) Selection.--The Secretary of State shall establish
selection criteria for students to be admitted into the
Program that includes the following:
(1) Demonstrable interest in a career in foreign affairs.
(2) Academic performance.
(3) Such other criteria as determined by the Secretary.
(d) Outreach.--The Secretary of State shall advertise the
Program widely, including on the internet, through the
Department of State's Diplomats in Residence program, and
through other outreach and recruiting initiatives targeting
undergraduate and graduate students. The Secretary shall
actively encourage people belonging to traditionally under
represented groups in terms of racial, ethnic, geographic,
and gender diversity, and disability status to apply to the
Program, including by conducting targeted

[[Page S8015]]

outreach at minority serving institutions (as such term is
described in section 371(a) of the Higher Education Act of
1965 (20 U.S.C. 1067q(a)).
(e) Compensation.--
(1) In general.--Students participating in the Program
should be paid at least--
(A) the amount specified in section 6(a)(1) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)); or
(B) the minimum wage of the jurisdiction in which the
internship is located,
whichever is greatest.
(2) Housing assistance.--
(A) Abroad.--The Secretary of State shall provide housing
to a student participating in the Program whose permanent
address is within the United States if the location of the
internship in which such student is participating is outside
the United States.
(B) Domestic.--The Secretary of State is authorized to
provide housing to a student participating in the Program
whose permanent address is within the United States if the
location of the internship in which such student is
participating is more than 50 miles away from such student's
permanent address.
(3) Travel assistance.--The Secretary of State shall
provide a student participating in the Program whose
permanent address is within the United States financial
assistance to cover the costs of travel once to and once from
the location of the internship in which such student is
participating, including travel by air, train, bus, or other
transit as appropriate, if the location of such internship
is--
(A) more than 50 miles from such student's permanent
address; or
(B) outside the United States.
(f) Working With Institutions of Higher Education.--The
Secretary of State is authorized to enter into agreements
with institutions of higher education to structure
internships to ensure such internships satisfy criteria for
academic programs in which participants in such internships
are enrolled.
(g) Reports.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of State shall
submit to the Committee on Foreign Relations of a Senate and
the Committee on Foreign Affairs of the House of
Representatives a report that includes the following:
(1) Information regarding the number of students,
disaggregated by race, ethnicity, gender, institution of
higher learning, home State, State where each student
graduated from high school, and disability status, who
applied to the Program, were offered a position, and
participated.
(2) Information on the number of security clearance
investigations started and the timeline for such
investigations, including whether such investigations were
completed or if, and when, an interim security clearance was
granted.
(3) Information on expenditures on the Program.
(4) Information regarding the Department of State's
compliance with subsection (g).
(h) Voluntary Participation.--
(1) In general.--Nothing in this section may be construed
to compel any employee of the Department of State to
participate in the collection of the data or divulge any
personal information. Department employees shall be informed
that their participation in the data collection contemplated
by this title is voluntary.
(2) Privacy protection.--Any data collected under this
section shall be subject to the relevant privacy protection
statutes and regulations applicable to Federal employees.

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

Subparagraph (A) of section 8L(d)(5)(A) of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended by striking
``a lead Inspector General for'' and inserting ``any of the
Inspectors General specified in subsection (c) for oversight
of''.

SEC. 5327. REPORT RELATING TO FOREIGN SERVICE OFFICER
TRAINING AND DEVELOPMENT.

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

SEC. 5328. INTERNATIONAL FAIRS AND EXPOSITIONS.

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

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

SEC. 5401. DEFINITIONS.

In this title:
(1) Applicant flow data.--The term ``applicant flow data''
means data that tracks the rate of applications for job
positions among demographic categories.
(2) Demographic data.--The term ``demographic data'' means
facts or statistics relating to the demographic categories
specified in the Office of Management and Budget statistical
policy directive entitled ``Standards for Maintaining,
Collecting, and Presenting Federal Data on Race and
Ethnicity'' (81 Fed. Reg. 67398).
(3) Diversity.--The term ``diversity'' means those classes
of persons protected under the Civil Rights Act of 1964 (42
U.S.C. 2000a et seq.) and the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.).
(4) Workforce.--The term ``workforce'' means--
(A) individuals serving in a position in the civil service
(as defined in section 2101 of title 5, United States Code);
(B) individuals who are members of the Foreign Service (as
defined in section 103 of the Foreign Service Act of 1980 (22
U.S.C. 3902));
(C) all individuals serving under a personal services
contract;
(D) all individuals serving under a Foreign Service Limited
appointment under section 309 of the Foreign Service Act of
1980; or
(E) individuals other than Locally Employed Staff working
in the Department of State under any other authority.

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

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

[[Page S8016]]

(2) to enforce anti-harassment and anti-discrimination
policies, both domestically and at posts overseas;
(3) to refrain from engaging in unlawful discrimination in
any phase of the employment process, including recruitment,
hiring, evaluation, assignments, promotion, retention, and
training;
(4) to prevent illegal retaliation against employees for
participating in a protected equal employment opportunity
activity or for reporting sexual harassment or sexual
assault;
(5) to provide reasonable accommodation for qualified
employees and applicants with disabilities; and
(6) to recruit a representative workforce by--
(A) recruiting women and minorities;
(B) recruiting at women's colleges, historically Black
colleges and universities, minority-serving institutions, and
other institutions serving a significant percentage of
minority students;
(C) placing job advertisements in newspapers, magazines,
and job sites oriented toward women and minorities;
(D) sponsoring and recruiting at job fairs in urban and
rural communities and land-grant colleges or universities;
(E) providing opportunities through the Foreign Service
Internship Program under chapter 12 of the Foreign Service
Act of 1980 (22 U.S.C. 4141 et seq.) and other hiring
initiatives;
(F) recruiting mid-level and senior-level professionals
through programs designed to increase minority representation
in international affairs;
(G) offering the Foreign Service written and oral
assessment examinations in several locations throughout the
United States to reduce the burden of applicants having to
travel at their own expense to take either or both such
examinations;
(H) expanding the use of paid internships; and
(I) supporting recruiting and hiring opportunities
through--
(i) the Charles B. Rangel International Affairs Fellowship
Program;
(ii) the Thomas R. Pickering Foreign Affairs Fellowship
Program; and
(iii) other initiatives, including agency-wide policy
initiatives.
(e) Annual Updates.--Not later than 1 year after the
publication of the report required under subsection (a) and
annually thereafter for the following 5 years, the Secretary
shall work with the Director of the Office of Personnel
Management and the Director of the Office of Management and
Budget to provide a report to the appropriate congressional
committees, which shall be posted on the Department's
website, which may be included in another annual report
required under another provision of law, that includes--
(1) disaggregated demographic data relating to the
workforce and information on the status of diversity and
inclusion efforts of the Department;
(2) an analysis of applicant flow data; and
(3) disaggregated demographic data relating to participants
in professional development programs of the Department and
the rate of placement into senior positions for participants
in such programs.

SEC. 5403. EXIT INTERVIEWS FOR WORKFORCE.

(a) Retained Members.--The Director General of the Foreign
Service and the Director of the Bureau of Human Resources or
its equivalent shall conduct periodic interviews with a
representative and diverse cross-section of the workforce of
the Department--
(1) to understand the reasons of individuals in such
workforce for remaining in a position in the Department; and
(2) to receive feedback on workplace policies, professional
development opportunities, and other issues affecting the
decision of individuals in the workforce to remain in the
Department.
(b) Departing Members.--The Director General of the Foreign
Service and the Director of the Bureau of Human Resources or
its equivalent shall provide an opportunity for an exit
interview to each individual in the workforce of the
Department who separates from service with the Department to
better understand the reasons of such individual for leaving
such service.
(c) Use of Analysis From Interviews.--The Director General
of the Foreign Service and the Director of the Bureau of
Human Resources or its equivalent shall analyze demographic
data and other information obtained through interviews under
subsections (a) and (b) to determine--
(1) to what extent, if any, the diversity of those
participating in such interviews impacts the results; and
(2) whether to implement any policy changes or include any
recommendations in a report required under subsection (a) or
(e) of section 5402 relating to the determination reached
pursuant to paragraph (1).
(d) Tracking Data.--The Department shall--
(1) track demographic data relating to participants in
professional development programs and the rate of placement
into senior positions for participants in such programs;
(2) annually evaluate such data--
(A) to identify ways to improve outreach and recruitment
for such programs, consistent with merit system principles;
and
(B) to understand the extent to which participation in any
professional development program offered or sponsored by the
Department differs among the demographic categories of the
workforce; and
(3) actively encourage participation from a range of
demographic categories, especially from categories with
consistently low participation, in such professional
development programs.

SEC. 5404. RECRUITMENT AND RETENTION.

(a) In General.--The Secretary shall--
(1) continue to seek a diverse and talented pool of
applicants; and
(2) instruct the Director General of the Foreign Service
and the Director of the Bureau of Human Resources of the
Department to have a recruitment plan of action for the
recruitment of people belonging to traditionally under-
represented groups, which should include outreach at
appropriate colleges, universities, affinity groups, and
professional associations.
(b) Scope.--The diversity recruitment initiatives described
in subsection (a) shall include--
(1) recruiting at women's colleges, historically Black
colleges and universities, minority-serving institutions, and
other institutions serving a significant percentage of
minority students;
(2) placing job advertisements in newspapers, magazines,
and job sites oriented toward diverse groups;
(3) sponsoring and recruiting at job fairs in urban and
rural communities and land-grant colleges or universities;
(4) providing opportunities through highly respected,
international leadership programs, that focus on diversity
recruitment and retention;
(5) expanding the use of paid internships; and
(6) cultivating partnerships with organizations dedicated
to the advancement of the profession of international affairs
and national security to advance shared diversity goals.
(c) Expand Training on Anti-Harassment and Anti-
Discrimination.--
(1) In general.--The Secretary shall, through the Foreign
Service Institute and other educational and training
opportunities--
(A) ensure the provision to all individuals in the
workforce of training on anti-harassment and anti-
discrimination information and policies, including in
existing Foreign Service Institute courses or modules
prioritized in the Department's Diversity and Inclusion
Strategic Plan for 2016-2020 to promote diversity in Bureau
awards or mitigate unconscious bias;
(B) expand the provision of training on workplace rights
and responsibilities to focus on anti-harassment and anti-
discrimination information and policies, including policies
relating to sexual assault prevention and response; and
(C) make such expanded training mandatory for--
(i) individuals in senior and supervisory positions;
(ii) individuals having responsibilities related to
recruitment, retention, or promotion of employees; and
(iii) any other individual determined by the Department who
needs such training based on analysis by the Department or
OPM analysis.
(2) Best practices.--The Department shall give special
attention to ensuring the continuous incorporation of
research-based best practices in training provided under this
subsection.

SEC. 5405. LEADERSHIP ENGAGEMENT AND ACCOUNTABILITY.

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

SEC. 5406. PROFESSIONAL DEVELOPMENT OPPORTUNITIES AND TOOLS.

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

[[Page S8017]]

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

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

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

SEC. 5408. PAYNE FELLOWSHIP AUTHORIZATION.

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

SEC. 5409. VOLUNTARY PARTICIPATION.

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

TITLE V--INFORMATION SECURITY

SEC. 5501. DEFINITIONS.

In this title:
(1) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3(4)
of the National Security Act of 1947 (50 U.S.C. 3003(4)).
(2) Relevant congressional committees.--The term ``relevant
congressional committees'' means--
(A) the appropriate congressional committees;
(B) the Select Committee on Intelligence of the Senate; and
(C) the Permanent Select Committee on Intelligence of the
House of Representatives.

SEC. 5502. LIST OF CERTAIN TELECOMMUNICATIONS PROVIDERS.

(a) List of Covered Contractors.--Not later than 30 days
after the date of the enactment of this Act, the Secretary,
in consultation with the Director of National Intelligence,
shall develop or maintain, as the case may be, and update as
frequently as the Secretary determines appropriate, a list of
covered contractors with respect to which the Department
should seek to avoid entering into contracts. Not later than
30 days after the initial development of the list under this
subsection, any update thereto, and annually thereafter for 5
years after such initial 30 day period, the Secretary shall
submit to the appropriate congressional committees a copy of
such list.
(b) Covered Contractor Defined.--In this section, the term
``covered contractor'' means a provider of
telecommunications, telecommunications equipment, or
information technology equipment, including hardware,
software, or services, that has knowingly assisted or
facilitated a cyber attack or conducted surveillance,
including passive or active monitoring, carried out against--
(1) the United States by, or on behalf of, any government,
or persons associated with such government, listed as a cyber
threat actor in the intelligence community's 2017 assessment
of worldwide threats to United States national security or
any subsequent worldwide threat assessment of the
intelligence community; or
(2) individuals, including activists, journalists,
opposition politicians, or other individuals for the purposes
of suppressing dissent or intimidating critics, on behalf of
a country included in the annual country reports on human
rights practices of the Department for systematic acts of
political repression, including arbitrary arrest or
detention, torture, extrajudicial or politically motivated
killing, or other gross violations of human rights.

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

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

SEC. 5504. FOREIGN RELATIONS OF THE UNITED STATES (FRUS)
SERIES AND DECLASSIFICATION.

The State Department Basic Authorities Act of 1956 is
amended--
(1) in section 402(a)(2) (22 U.S.C. 4352(a)(2)), by
striking ``26'' and inserting ``20''; and
(2) in section 404 (22 U.S.C. 4354)--
(A) in subsection (a)(1), by striking ``30''and inserting
``25''; and
(B) in subsection (c)(1)(C), by striking ``30'' and
inserting ``25''.

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

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

[[Page S8018]]

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

TITLE VI--PUBLIC DIPLOMACY

SEC. 5601. SHORT TITLE.

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

SEC. 5602. AVOIDING DUPLICATION OF PROGRAMS AND EFFORTS.

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

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

(a) Research and Evaluation Activities.--The Secretary,
acting through the Director of Research and Evaluation
appointed pursuant to subsection (b), shall--
(1) conduct regular research and evaluation of public
diplomacy programs and activities of the Department,
including through the routine use of audience research,
digital analytics, and impact evaluations, to plan and
execute such programs and activities; and
(2) make available to Congress the findings of the research
and evaluations conducted under paragraph (1).
(b) Director of Research and Evaluation.--
(1) Appointment.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall appoint a
Director of Research and Evaluation (referred to in this
subsection as the ``Director'') in the Office of Policy,
Planning, and Resources for Public Diplomacy and Public
Affairs of the Department.
(2) Limitation on appointment.--The appointment of the
Director pursuant to paragraph (1) shall not result in an
increase in the overall full-time equivalent positions within
the Department.
(3) Responsibilities.--The Director shall--
(A) coordinate and oversee the research and evaluation of
public diplomacy programs and activities of the Department in
order to--
(i) improve public diplomacy strategies and tactics; and
(ii) ensure that such programs and activities are
increasing the knowledge, understanding, and trust of the
United States by relevant target audiences;
(B) routinely organize and oversee audience research,
digital analytics, and impact evaluations across all public
diplomacy bureaus and offices of the Department;
(C) support United States diplomatic posts' public affairs
sections;
(D) share appropriate public diplomacy research and
evaluation information within the Department and with other
appropriate Federal departments and agencies;
(E) regularly design and coordinate standardized research
questions, methodologies, and procedures to ensure that
public diplomacy programs and activities across all public
diplomacy bureaus and offices are designed to meet
appropriate foreign policy objectives; and
(F) report biannually to the United States Advisory
Commission on Public Diplomacy, through the Subcommittee on
Research and Evaluation established pursuant to subsection
(f), regarding the research and evaluation of all public
diplomacy bureaus and offices.
(4) Guidance and training.--Not later than 1 year after the
appointment of the Director pursuant to paragraph (1), the
Director shall develop guidance and training, including
curriculum for use by the Foreign Service Institute, for all
public diplomacy officers of the Department regarding the
reading and interpretation of public diplomacy program and
activity evaluation findings to ensure that such findings and
related lessons learned are implemented in the planning and
evaluation of all public diplomacy programs and activities of
the Department.
(c) Prioritizing Research and Evaluation.--
(1) In general.--The head of the Office of Policy,
Planning, and Resources for Public Diplomacy and Public
Affairs of the Department shall ensure that research and
evaluation of public diplomacy and activities of the
Department, as coordinated and overseen by the Director
pursuant to subsection (b), supports strategic planning and
resource allocation across all public diplomacy bureaus and
offices of the Department.
(2) Allocation of resources.--Amounts allocated for the
purpose of research and evaluation of public diplomacy
programs and activities of the Department pursuant to
subsection (b) shall be made available to be disbursed at the
direction of the Director of Research and Evaluation among
the research and evaluation staff across all public diplomacy
bureaus and offices of the Department.
(3) Sense of congress.--It is the sense of Congress that
the Department should gradually increase its allocation of
funds made available under the headings ``Educational

[[Page S8019]]

and Cultural Exchange Programs'' and ``Diplomatic Programs''
for research and evaluation of public diplomacy programs and
activities of the Department pursuant to subsection (b) to a
percentage of program funds that is commensurate with Federal
Government best practices.
(d) Limited Exemption Relating to the Paperwork Reduction
Act.--Chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'') shall not apply to
the collection of information directed at any individuals
conducted by, or on behalf of, the Department of State for
the purpose of audience research, monitoring, and
evaluations, and in connection with the Department's
activities conducted pursuant to any of the following:
(1) The Mutual Educational and Cultural Exchange Act of
1961 (22 U.S.C. 2451 et seq.).
(2) Section 1287 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 22 U.S.C. 2656
note).
(3) The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.).
(e) Limited Exemption Relating to the Privacy Act.--
(1) In general.--The Department shall maintain, collect,
use, and disseminate records (as such term is defined in
section 552a(a)(4) of title 5, United States Code) for
audience research, digital analytics, and impact evaluation
of communications related to public diplomacy efforts
intended for foreign audiences.
(2) Conditions.--Audience research, digital analytics, and
impact evaluations under paragraph (1) shall be--
(A) reasonably tailored to meet the purposes of this
subsection; and
(B) carried out with due regard for privacy and civil
liberties guidance and oversight.
(f) United States Advisory Commission on Public
Diplomacy.--
(1) Subcommittee for research and evaluation.--The United
States Advisory Commission on Public Diplomacy shall
establish a Subcommittee on Research and Evaluation to
monitor and advise regarding audience research, digital
analytics, and impact evaluations carried out by the
Department and the United States Agency for Global Media.
(2) Annual report.--The Subcommittee on Research and
Evaluation established pursuant to paragraph (1) shall submit
to the appropriate congressional committees an annual report,
in conjunction with the United States Advisory Commission on
Public Diplomacy's Comprehensive Annual Report on the
performance of the Department and the United States Agency
for Global Media, describing all actions taken by the
Subcommittee pursuant to paragraph (1) and any findings made
as a result of such actions.

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

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

SEC. 5605. STREAMLINING OF SUPPORT FUNCTIONS.

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

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

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

SEC. 5607. DEFINITIONS.

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

TITLE VII--COMBATING PUBLIC CORRUPTION

SEC. 5701. SENSE OF CONGRESS.

It is the sense of Congress that--
(1) it is in the foreign policy interest of the United
States to help foreign countries promote good governance and
combat public corruption;
(2) multiple Federal departments and agencies operate
programs that promote good governance in foreign countries
and enhance such countries' ability to combat public
corruption; and
(3) the Department of State should--
(A) promote coordination among the Federal departments and
agencies implementing programs to promote good governance and
combat public corruption in foreign countries in order to
improve effectiveness and efficiency; and
(B) identify areas in which United States efforts to help
other countries promote good governance and combat public
corruption could be enhanced.

SEC. 5702. DEFINITIONS.

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

SEC. 5703. PUBLICATION OF TIERED RANKING LIST.

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

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

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

[[Page S8020]]

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

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

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

SEC. 5706. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF
CONTACT.

(a) In General.--The Secretary of State shall annually
designate an anti-corruption point of contact at the United
States diplomatic post to each country identified as tier 2
or tier 3 under section 5703, or which the Secretary
otherwise determines is in need of such a point of contact.
The point of contact shall be the chief of mission or the
chief of mission's designee.
(b) Responsibilities.--Each anti-corruption point of
contact designated under subsection (a) shall be responsible
for enhancing coordination and promoting the implementation
of a whole-of-government approach among the relevant Federal
departments and agencies undertaking efforts to--
(1) promote good governance in foreign countries; and
(2) enhance the ability of such countries--
(A) to combat public corruption; and
(B) to develop and implement corruption risk assessment
tools and mitigation strategies.
(c) Training.--The Secretary of State shall implement
appropriate training for anti-corruption points of contact
designated under subsection (a).

TITLE VIII--GLOBAL MAGNITSKY HUMAN RIGHTS ACCOUNTABILITY
REAUTHORIZATION ACT

SEC. 5801. SHORT TITLE.

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

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

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

``SEC. 1262A. SENSE OF CONGRESS.

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

[[Page S8021]]

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

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

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

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

(ii) in subparagraph (B)--

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

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

TITLE IX--OTHER MATTERS

SEC. 5901. LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT.

Section 620(q) of the Foreign Assistance Act of 1961 (22
U.S.C. 2370(q)) is amended--
(1) by striking ``No assistance'' and inserting the
following:
``(1) No assistance'';
(2) by inserting ``the government of'' before ``any
country'';
(3) by inserting ``the government of'' before ``such
country'' each place it appears;
(4) by striking ``determines'' and all that follows and
inserting ``determines, after consultation with the Committee
on Foreign Affairs and the Committee on Appropriations of the
House of Representatives and the Committee on Foreign
Relations and the Committee on Appropriations of the Senate,
that assistance for such country is in the national interest
of the United States.''; and
(5) by adding at the end the following new paragraph:
``(2) No assistance shall be furnished under this Act, the
Peace Corps Act, the Millennium Challenge Act of 2003, the
African Development Foundation Act, the BUILD Act of 2018,
section 504 of the FREEDOM Support Act, or section 23 of the
Arms Export Control Act to the government of any country
which is in default during a period in excess of 1 calendar
year in payment to the United States of principal or interest
or any loan made to the government of such country by the
United States unless the President determines, following
consultation with the congressional committees specified in
paragraph (1), that assistance for such country is in the
national interest of the United States.''.

SEC. 5902. SEAN AND DAVID GOLDMAN CHILD ABDUCTION PREVENTION
AND RETURN ACT OF 2014 AMENDMENT.

Subsection (b) of section 101 of the Sean and David Goldman
International Child Abduction Prevention and Return Act of
2014 (22 U.S.C. 9111; Public Law 113-150) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) by inserting ``, respectively,'' after ``access
cases''; and
(ii) by inserting ``and the number of children involved''
before the semicolon at the end; and
(B) in subparagraph (D), by inserting ``respectively, the
number of children involved,'' after ``access cases,'';
(2) in paragraph (7), by inserting ``, and number of
children involved in such cases'' before the semicolon at the
end;
(3) in paragraph (8), by striking ``and'' after the
semicolon at the end;
(4) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(5) by adding at the end the following new paragraph:
``(10) the total number of pending cases the Department of
State has assigned to case officers and number of children
involved for each country and as a total for all
countries.''.

SEC. 5903. MODIFICATION OF AUTHORITIES OF COMMISSION FOR THE
PRESERVATION OF AMERICA'S HERITAGE ABROAD.

(a) In General.--Chapter 3123 of title 54, United States
Code, is amended as follows:
(1) In section 312302, by inserting ``, and unimpeded
access to those sites,'' after ``and historic buildings''.
(2) In section 312304(a)--
(A) in paragraph (2)--
(i) by striking ``and historic buildings'' and inserting
``and historic buildings, and unimpeded access to those
sites''; and
(ii) by striking ``and protected'' and inserting ``,
protected, and made accessible''; and
(B) in paragraph (3), by striking ``and protecting'' and
inserting ``, protecting, and making accessible''.
(3) In section 312305, by inserting ``and to the Committee
on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives'' after
``President''.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Commission for the Preservation of
America's Heritage Abroad shall submit to the President and
to the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
a report that contains an evaluation of the extent to which
the Commission is prepared to continue its activities and
accomplishments with respect to the foreign heritage of
United States citizens from eastern and central Europe, were
the Commission's duties and powers extended to include other
regions, including the Middle East and North Africa, and any
additional resources or personnel the Commission would
require.

SEC. 5904. CONGRESSIONAL OVERSIGHT, QUARTERLY REVIEW, AND
AUTHORITY RELATING TO CONCURRENCE PROVIDED BY
CHIEFS OF MISSION FOR THE PROVISION OF SUPPORT
RELATING TO CERTAIN UNITED STATES GOVERNMENT
OPERATIONS.

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

[[Page S8022]]

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

SEC. 5905. REPORT ON EFFORTS OF THE CORONAVIRUS REPATRIATION
TASK FORCE.

Not later than 90 days after the date of the enactment of
this Act, the Secretary of State shall submit to the
appropriate congressional committees, the Committee on Armed
Services of the House of Representatives, and the Committee
on Armed Services of the Senate a report evaluating the
efforts of the Coronavirus Repatriation Task Force of the
Department of State to repatriate United States citizens and
legal permanent residents in response to the 2020 coronavirus
outbreak. The report shall identify--
(1) the most significant impediments to repatriating such
persons;
(2) the lessons learned from such repatriations; and
(3) any changes planned to future repatriation efforts of
the Department of State to incorporate such lessons learned.
______