89–006 

116TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 116–181 

THE DEPARTMENT OF STATE AUTHORIZATION ACT 

OF 2019 

JULY 24, 2019.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. ENGEL, from the Committee on Foreign Affairs, 

submitted the following 

R E P O R T 

[To accompany H.R. 3352] 

The Committee on Foreign Affairs, to whom was referred the bill 

(H.R. 3352) to provide for certain authorities of the Department of 

State, and for other purposes, having considered the same, report 

favorably theron with an amendment and recommend that the bill 

as amended do pass. 

CONTENTS 

Page 

The Amendment ...................................................................................................... 1 

Purpose and Summary ............................................................................................ 53 

Background and Need for Legislation .................................................................... 53 

Hearings ................................................................................................................... 54 

Committee Consideration ........................................................................................ 54 

Committee Oversight Findings ............................................................................... 72 

New Budget Authority, Tax Expenditures, and Federal Mandates .................... 72 

Congressional Budget Office Cost Estimate .......................................................... 72 

Non-Duplication of Federal Programs ................................................................... 73 

Performance Goals and Objectives ......................................................................... 73 

Congressional Accountability Act ........................................................................... 73 

New Advisory Committees ...................................................................................... 73 

Earmark Identification ............................................................................................ 73 

Section-by-Section Analysis .................................................................................... 73 

Changes in Existing Law Made by the Bill, as Reported ..................................... 85 

Mr. ENGEL, from the Committee on Foreign Affairs, submitted 

the following: 

THE AMENDMENT 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Department of State Authorization Act of 2019’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE 

Sec. 101. Sense of Congress on importance of Department of State’s work. 

Sec. 102. Bureau of Democracy, Human Rights, and Labor. 

Sec. 103. Assistant Secretary for International Narcotics and Law Enforcement Affairs. 

Sec. 104. Bureau of Consular Affairs; Bureau of Population, Refugees, and Migration. 

Sec. 105. Office of International Disability Rights. 

Sec. 106. Office of Global Women’s Issues. 

Sec. 107. Special appointments. 

Sec. 108. Anti-piracy information sharing. 

Sec. 109. Importance of foreign affairs training to national security. 

Sec. 110. Authorization for receipt of private funding for diplomatic studies and training. 

Sec. 111. Classification and assignment of Foreign Service officers. 

Sec. 112. Energy diplomacy and security within the Department of State. 

Sec. 113. Passport fees. 

Sec. 114. United States diplomacy center. 

Sec. 115. 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. 

Sec. 116. Art in embassies. 

Sec. 117. Amendment or repeal of reporting requirements. 

Sec. 118. Reporting on implementation of GAO recommendations. 

Sec. 119. Office of Global Criminal Justice. 

TITLE II—EMBASSY CONSTRUCTION 

Sec. 201. Embassy security, construction, and maintenance. 

Sec. 202. Standard design in capital construction. 

Sec. 203. Capital construction transparency. 

Sec. 204. Contractor performance information. 

Sec. 205. Growth projections for new embassies and consulates. 

Sec. 206. Long-range planning process. 

Sec. 207. Value engineering and risk assessment. 

Sec. 208. Business volume. 

Sec. 209. Embassy security requests and deficiencies. 

Sec. 210. Overseas security briefings. 

Sec. 211. Contracting methods in capital construction. 

Sec. 212. Competition in embassy construction. 

Sec. 213. Statement of policy. 

Sec. 214. Definitions. 

TITLE III—PERSONNEL ISSUES 

Sec. 301. Defense Base Act insurance waivers. 

Sec. 302. Study on Foreign Service allowances. 

Sec. 303. Science and technology fellowships. 

Sec. 304. Travel for separated families. 

Sec. 305. Home leave travel for separated families. 

Sec. 306. Sense of Congress regarding certain fellowship programs. 

Sec. 307. Technical correction. 

Sec. 308. Foreign Service awards. 

Sec. 309. Diplomatic programs. 

Sec. 310. Sense of Congress regarding veterans employment at the Department of State. 

Sec. 311. Employee assignment restrictions and preclusions. 

Sec. 312. Recall and reemployment of career members. 

Sec. 313. Strategic staffing plan for the Department. 

Sec. 314. Consulting services. 

Sec. 315. Incentives for critical posts. 

Sec. 316. Extension of authority for certain accountability review boards. 

Sec. 317. Foreign service suspension without pay. 

Sec. 318. Foreign Affairs Manual and Foreign Affairs Handbook changes. 

Sec. 319. Waiver authority for individual occupational requirements of certain positions. 

Sec. 320. Standardizing Department parental leave policies. 

Sec. 321. Appointment of employees to the Global Engagement Center. 

Sec. 322. Rest and recuperation and overseas operations leave for Federal employees. 

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

Sec. 401. Definitions. 

Sec. 402. Collection, analysis, and dissemination of work force data. 

Sec. 403. Exit interviews for work force. 

Sec. 404. Recruitment and retention. 

Sec. 405. Leadership engagement and accountability. 

Sec. 406. Professional development opportunities and tools. 

Sec. 407. Examination and oral assessment for the Foreign Service. 

Sec. 408. Payne fellowship authorization. 

Sec. 409. Voluntary participation. 

TITLE V—INFORMATION SECURITY 

Sec. 501. Definitions. 

Sec. 502. Information system security. 

Sec. 503. Prohibition on contracting with certain telecommunications providers. 

Sec. 504. Preserving records of electronic communications conducted related to official duties of positions in the 

public trust of the American people. 

Sec. 505. Foreign Relations of the United States (FRUS) series and declassification. 

Sec. 506. Vulnerability Disclosure Policy and Bug Bounty Pilot Program. 

TITLE VI—PUBLIC DIPLOMACY 

Sec. 601. Short title. 

Sec. 602. Avoiding duplication of programs and efforts. 


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Sec. 603. Improving research and evaluation of public diplomacy. 

Sec. 604. Permanent reauthorization of the United States Advisory Commission on Public Diplomacy. 

Sec. 605. Streamlining of support functions. 

Sec. 606. Guidance for closure of public diplomacy facilities. 

Sec. 607. Definitions. 

TITLE VII—COMBATING PUBLIC CORRUPTION 

Sec. 701. Sense of Congress. 

Sec. 702. Annual assessment. 

Sec. 703. Transparency and accountability. 

Sec. 704. Designation of embassy anti-corruption points of contact. 

Sec. 705. Reporting requirements. 

Sec. 706. Foreign investments and national security. 

TITLE VIII—MATTERS RELATING TO INTERNATIONAL SECURITY 

Sec. 801. Short title. 

Sec. 802. Security assistance defined. 

Subtitle A—Reform Relating to Security Assistance 

Sec. 811. Organizational reform. 

Sec. 812. Workforce development. 

Sec. 813. Security assistance planning. 

Sec. 814. Interagency coordination of security assistance, transfers, and security cooperation. 

Sec. 815. Rule of construction. 

Subtitle B—Foreign Military Assistance 

Sec. 821. Strategic allocation of excess defense articles. 

Sec. 822. Modification of purposes for which military sales by the United States are authorized. 

Sec. 823. Return of defense articles. 

Sec. 824. Requirements relating to exemptions for licensing of defense items. 

Sec. 825. Amendment to general provisions. 

Sec. 826. Technical amendments to Arms Export Control Act. 

Sec. 827. Sense of Congress on licensing under United States arms export control programs. 

Sec. 828. Extension of war reserve stockpile authority. 

Sec. 829. Peacekeeping operations and other national security programs. 

Sec. 830. Other amendments to military assistance authorities. 

Sec. 831. Repeal of reports. 

Sec. 832. Defense trade controls registration fees. 

Sec. 833. Withholding of assistance to units of foreign security forces that engaged in sexual exploitation or 

abuse in peacekeeping operations. 

Sec. 834. Modification to limitations on assistance relating to human rights. 

Subtitle C—Studies on Authorities and Programs 

Sec. 841. Requirement for study by Bureau of International Narcotics and Law Enforcement Affairs. 

Sec. 842. Requirement for independent study of existing security assistance authorities. 

TITLE IX—MISCELLANEOUS 

Sec. 901. Case-Zablocki Act reform. 

Sec. 902. Limitation on assistance to countries in default. 

Sec. 903. Prohibition on assistance to governments supporting international terrorism. 

Sec. 904. Establishing a coordinator for ISIS detainee issues. 

Sec. 905. Sean and David Goldman Child Abduction Prevention and Return Act of 2014 amendment. 

Sec. 906. Modification of authorities of Commission for the Preservation of America’s Heritage Abroad. 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—Unless otherwise specified, 

the term ‘‘appropriate congressional committees’’ means—— 

(A) the Committee on Foreign Relations of the Senate; 

(B) the Committee on Appropriations of the Senate; 

(C) the Committee on Foreign Affairs of the House of Representatives; 

and 

(D) the Committee on Appropriations of the House of Representatives. 

(2) DEPARTMENT.—Unless otherwise specified, the term ‘‘Department’’ means 

the Department of State. 

(3) SECRETARY.—Unless otherwise specified, the term ‘‘Secretary’’ means the 

Secretary of State. 

TITLE I—ORGANIZATION AND OPERATIONS OF 

THE DEPARTMENT OF STATE 

SEC. 101. SENSE OF CONGRESS ON IMPORTANCE OF DEPARTMENT OF STATE’S WORK. 

It is the sense of Congress that—— 

(1) United States global engagement is key to a stable and prosperous world; 

(2) United States leadership is indispensable in light of the many complex 

and interconnected threats facing the United States and the world; 

(3) diplomacy and development are critical tools of national power, and full 

deployment of these tools is vital to United States national security; 


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(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 U.S. 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 U.S. Government agencies primarily charged with conducting diplomacy and development, the Department and the United States Agency for 

International Development (USAID) require sustained and robust funding to 

carry out this important work, which is essential to our ability to project United 

States leadership and values and to advance the United States interests around 

the world; 

(8) the work of the Department and USAID makes the United States and the 

world safer and more prosperous by alleviating global poverty and hunger, 

fighting HIV/AIDS and other infectious diseases, strengthening alliances, expanding educational opportunities for women and girls, promoting good governance and democracy, supporting anti-corruption efforts, driving economic development and trade, preventing armed conflicts and humanitarian crises, and creating American jobs and export opportunities; 

(9) the Department and USAID are vital national security agencies, whose 

work is critical to the projection of United States power and leadership worldwide, and without which Americans would be less safe, our economic power 

would be diminished, and global stability and prosperity would suffer; 

(10) investing in diplomacy and development before conflicts break out saves 

American lives while also being cost-effective; and 

(11) the contributions of personnel working at the Department and USAID 

are extraordinarily valuable and allow the United States to maintain its leadership around the world. 

SEC. 102. 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.’’; 

(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 organizations, and facilitate their ability to engage in dialog 

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 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 


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‘‘(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) EFFICIENCY.—The Assistant Secretary for Democracy, Human Rights, 

and Labor shall take whatever actions may be necessary to minimize the duplication of efforts within the Bureau of Democracy, Human Rights, and Labor. 

‘‘(E) LOCAL OVERSIGHT.—United States missions, 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. 103. ASSISTANT SECRETARY FOR INTERNATIONAL NARCOTICS AND LAW ENFORCEMENT 

AFFAIRS. 

(a) IN GENERAL.—Section 1(c) of the State Department Basic Authorities Act of 

1956 (22 U.S.C. 2651a(c)) is amended—— 

(1) by redesignating paragraph (3) as paragraph (4); and 

(2) by inserting after paragraph (2) the following new paragraph: 

‘‘(3) ASSISTANT SECRETARY FOR INTERNATIONAL NARCOTICS AND LAW ENFORCE- MENT 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, anticrime, and law enforcement affairs in the conduct of foreign policy by the 

Department, including, as appropriate, leading the coordination of programs carried out by U.S. 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 U.S. 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 U.S. 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, all forms of transnational organized crime, including illicit 

trafficking in human beings, 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 U.S. 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 U.S. Government agencies are availVerDate Sep 11 2014 01:20 Jul 31, 2019 Jkt 089006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6621 E:\HR\OC\HR181.XXX HR181

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able 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 Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate that 

United States law enforcement personnel posted abroad whose activities are funded to any extent by the Bureau of International Narcotics 

and Law Enforcement Affairs are complying with section 207 of the 

Foreign Service Act of 1980 (22 U.S.C. 3927); and 

‘‘(v) carry out such other relevant duties as the Secretary may assign.’’. 

(b) MODIFICATION OF ANNUAL INTERNATIONAL NARCOTICS CONTROL STRATEGY RE- PORT.—Subsection (a) of section 489 of the Foreign Assistance Act of 1961 (22 U.S.C. 

2291h) is amended by inserting after paragraph (8) the following new paragraph: 

‘‘(9) 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. 104. BUREAU OF CONSULAR AFFAIRS; BUREAU OF POPULATION, REFUGEES, AND MIGRATION. 

Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) 

is amended—— 

(1) by redesignating subsection (g) as subsection (i); and 

(2) by inserting after subsection (f) the following new subsections: 

‘‘(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. 105. OFFICE OF INTERNATIONAL DISABILITY RIGHTS. 

(a) ESTABLISHMENT.—There should be established in the Department an Office of 

International Disability Rights (referred to in this section as the ‘‘Office’’). 

(b) DUTIES.—The Office should—— 

(1) seek to ensure that all United States foreign operations are accessible to, 

and inclusive of, persons with disabilities; 

(2) promote the human rights and full participation in international development activities of all persons with disabilities; 

(3) promote disability inclusive practices and the training of Department 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; and 

(7) advise the Bureau of Human Resources Development of 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. 

(c) SUPERVISION.—The Office may be headed by—— 

(1) a senior advisor to the appropriate Assistant Secretary; or 

(2) an officer exercising significant authority who reports to the President or 

Secretary, appointed by and with the advice and consent of the Senate. 

(d) CONSULTATION.—The Secretary 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. 


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SEC. 106. OFFICE OF GLOBAL WOMEN’S ISSUES. 

(a) IN GENERAL.—There should be established an Office of Global Women’s Issues 

(referred to in this section as the ‘‘Office’’), which may be placed within the organizational structure of the Department at the discretion of the Secretary. 

(b) PURPOSE.—The Office should coordinate efforts of the U.S. Government, as directed by the Secretary, regarding gender equality and advancing the status of 

women and girls in United States foreign policy. 

(c) DUTIES.—The Office should—— 

(1) serve as the principal advisor to the Secretary regarding gender equality, 

women’s and girls’ empowerment, and violence against women and girls as a 

priority of United States foreign policy; 

(2) represent the United States in diplomatic and multilateral fora on matters 

relevant to the status of women and girls; 

(3) advise the Secretary and provide input on all activities, policies, programs, 

and funding relating to gender equality and the advancement of women and 

girls internationally for all bureaus and offices of the Department and in the 

international programs of all other Federal agencies; 

(4) work to ensure that efforts to advance gender equality and women’s and 

girls’ empowerment are fully integrated into the programs, structures, processes, and capacities of all bureaus and offices of the Department and in the 

international programs of other Federal agencies; and 

(5) conduct regular consultation with civil society organizations working to 

advance gender equality and empower women and girls internationally. 

(d) SUPERVISION.—The Office should be headed by an ambassador-at-large for 

Global Women’s Issues. 

(e) REPORT.—Not later than 180 days after the date of the enactment of this Act, 

the Secretary shall provide to the appropriate congressional committees a report or 

briefing regarding this section. 

SEC. 107. SPECIAL APPOINTMENTS. 

(a) REPORT ON POSITIONS.—Not later than 30 days after the date of the enactment 

of this Act, the Secretary shall submit to the appropriate congressional committees 

a report that includes the following: 

(1) A description of the duties, responsibilities, and number of staff of each 

existing Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, and other similar 

position at the Department. 

(2) Recommendations regarding whether to maintain in the Department each 

such position, including those listed in the report submitted by the Secretary 

to the Committee on Foreign Relations of the Senate on April 14, 2017, pursuant to section 418 of the Department of State Authorities Act, Fiscal Year 2017 

(Public Law 114–323), that are not expressly authorized by a provision of law 

enacted by Congress. 

(3) Justifications supporting each of the Secretary’s recommendations under 

paragraph (2). 

(b) ADVICE AND CONSENT.—Not later than 90 days after the submission of the report required under subsection (a), the President shall submit the name of each Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, 

Representative, Coordinator, Special Advisor, or other person occupying a similar 

position at the Department exercising significant authority pursuant to the laws of 

the United States that is not expressly authorized by a provision of law enacted by 

Congress who is included in such report to the Committee on Foreign Relations of 

the Senate to seek the advice and consent of the Senate. 

(c) RULE OF CONSTRUCTION REGARDING ESTABLISHMENT OF POSITIONS.—Nothing 

in this section may be construed as prohibiting the establishment or maintenance 

of any Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other similar position 

at the Department exercising significant authority pursuant to the laws of the 

United States if the name of the appointee for each such position is submitted to 

the Committee on Foreign Relations of the Senate, to seek the advice and consent 

of the Senate, not later than 90 days after each such appointment. 

(d) LIMITED EXCEPTION FOR TEMPORARY APPOINTMENTS.—The Secretary may 

maintain or establish a position with the title of Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Special Advisor, or a similar position 

not exercising significant authority pursuant to the laws of the United States for 

not longer than 180 days if the Secretary, not later than 15 days before the appointment of a person to such a position, submits to the appropriate congressional committees a notification that includes the following: 


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(1) A certification that the position is not expected to demand the exercise of 

significant authority pursuant to the laws of the United States. 

(2) A description of the duties and purpose of the position. 

(3) The rationale for giving the specific title to the position. 

(e) RENEWAL OF TEMPORARY APPOINTMENT.—Nothing in this section may be construed as prohibiting the Secretary from renewing for a period not to exceed 180 

days any position maintained or established under subsection (d) if the Secretary 

complies with the notification requirements contained in such subsection. 

(f) FUNDING RESTRICTIONS.—— (1) POSITIONS NOT SUBMITTED FOR ADVICE AND CONSENT.—No funds may be 

authorized to be appropriated for—— 

(A) any Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or 

other similar position at the Department exercising significant authority 

pursuant to the laws of the United States if the name of the person appointed to such position has not been submitted to the Committee on Foreign Relations of the Senate for the advice and consent of the Senate in accordance with subsection (b); or 

(B) any staff or resources related to such a position until the person appointed to such position has been submitted to the Committee on Foreign 

Relations of the Senate for the advice and consent of the Senate. 

(2) TEMPORARY POSITIONS.—No funds may be authorized to be appropriated 

for any position described in subsection (d) or for any staff or resources related 

to such position unless the Secretary has complied with the notification requirements under such subsection. 

(3) FISCAL YEAR 2020.—The restrictions described in this subsection shall not 

apply in Fiscal Year 2020 to positions or associated staff and resources for 

which funding is expressly appropriated for such Fiscal Year in an Act of Congress. 

(g) CONFIRMATION FOR AUTHORIZED POSITIONS.—— (1) IN GENERAL.—No Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, 

or other similar position at the Department exercising significant authority pursuant to the laws of the United States that is authorized by an Act of Congress 

(except the position authorized by section 621 of the Tibetan Policy Act of 2002 

(subtitle B of title VI of Public Law 107–228; 22 U.S.C. 6901 note)) may be appointed without the advice and consent of the Senate. 

(2) FISCAL YEAR 2020.—The restriction described in paragraph (1) shall not 

apply in Fiscal Year 2020 to positions or associated staff and resources for 

which funding is expressly appropriated for such Fiscal Year in an Act of Congress. 

(h) ELIMINATION OF SPECIAL REPRESENTATIVE AND POLICY COORDINATOR FOR

BURMA.—— 

(1) FINDINGS.—Congress finds the following: 

(A) Congress established the Special Representative and Policy Coordinator for Burma in July 2008 at a time when the United States did not 

maintain full diplomatic relations with Burma and had not appointed an 

ambassador to Burma in 18 years. 

(B) In 2012, the United States re-established full diplomatic relations 

with Burma and appointed a United States Ambassador to Burma who, 

along with the Secretary of State, Assistant Secretary of State for East Asia 

and the Pacific, and other U.S. Government officials, represents the United 

States’ interests in Burma. 

(2) REPEAL.—Section 7 of the Tom Lantos Block Burmese Jade (Junta’s AntiDemocratic 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. 108. 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. 109. 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; 


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(2) the Secretary should explore establishing a ‘‘training float’’ requiring that 

a certain percentage of the Foreign Service shall be in long-term training at any 

given time; 

(3) the Department’s Foreign Service Institute should seek to substantially increase its educational and training offerings to Department personnel, including 

developing new and innovative educational and training courses, methods, programs, and opportunities; and 

(4) consistent with existing Department gift acceptance authority and other 

applicable laws, the Department and Foreign Service Institute should seek and 

accept funds and other resources from foundations, not-for-profit corporations, 

and other appropriate sources to help the Department and the Institute accomplish the goals specified in paragraph (3). 

SEC. 110. AUTHORIZATION FOR RECEIPT OF PRIVATE FUNDING FOR DIPLOMATIC STUDIES 

AND TRAINING. 

Section 701 of the Foreign Service Act of 1980 (22 U.S.C. 4021) is amended—— 

(1) by redesignating subsection (g) as subsection (h); and 

(2) by inserting after subsection (f) the following new subsection: 

‘‘(g)(1) The institution is authorized to receive private funds from private individuals and organizations to supplement the institution’s funding and expand and enhance training, including for the following: 

‘‘(A) Design and implementation of a degree granting program at the institution. 

‘‘(B) Curriculum development. 

‘‘(C) Training and classes for Members of Congress and congressional staff. 

‘‘(D) Hiring retired Department of State personnel to teach, notwithstanding 

other hiring limitations. 

‘‘(E) Other purposes as determined appropriate and necessary by the Secretary of State. 

‘‘(2) Private funding received by the institution pursuant to this subsection shall 

be provided at the discretion of the grantor individual or organization, as the case 

may be. 

‘‘(3) Not less than once annually, and at the request of the Committee on Foreign 

Affairs or the Committee on Appropriations of the House of Representatives or the 

Committee on Foreign Relations or the Committee on Appropriations of the Senate, 

the Department shall provide the names of grantors and information relating to the 

nature and amounts of any contributions made.’’. 

SEC. 111. 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. 112. ENERGY DIPLOMACY AND SECURITY WITHIN THE DEPARTMENT OF STATE. 

(a) IN GENERAL.—Subsection (c) of section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a), as amended by section 103 of this Act, is 

further amended—— 

(1) by redesignating paragraph (4) (as redesignated pursuant to such section 

103) as paragraph (5); and 

(2) by inserting after paragraph (3) the following new paragraph: 

‘‘(4) ENERGY RESOURCES.—— 

‘‘(A) AUTHORIZATION FOR ASSISTANT SECRETARY.—Subject to the numerical 

limitation specified in paragraph (1), there is authorized to be established 

in the Department of State an Assistant Secretary of State for Energy Resources. 

‘‘(B) PERSONNEL.—The Secretary of State shall ensure that there are sufficient personnel dedicated to energy matters within the Department of 

State 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 decisionmaking process within the Department; 


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‘‘(iii) incorporating energy security priorities into the activities of the 

Department; 

‘‘(iv) coordinating energy activities of the Department with relevant 

Federal departments and agencies; and 

‘‘(v) working internationally to—— 

‘‘(I) support the development of energy resources and the distribution of such resources for the benefit of the United States and 

United States allies and trading partners for their energy security 

and economic development needs; 

‘‘(II) promote availability of diversified energy supplies and a 

well-functioning global market for energy resources, technologies, 

and expertise for the benefit of the United States and United 

States allies and trading partners; 

‘‘(III) resolve international disputes regarding the exploration, 

development, production, or distribution of energy resources; 

‘‘(IV) support the economic and commercial interests of United 

States persons operating in the energy markets of foreign countries; 

‘‘(V) support and coordinate international efforts to alleviate energy poverty; 

‘‘(VI) leading the United States commitment to the Extractive Industries Transparency Initiative; 

‘‘(VII) coordinating within the Department and with relevant 

Federal departments and agencies on developing and implementing 

international energy-related sanctions; and 

‘‘(VIII) coordinating energy security and other relevant functions 

within the Department 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.’’. 

(b) CONFORMING AMENDMENT.—Section 931 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17371) is amended—— 

(1) by striking subsections (a) and (b); and 

(2) by redesignating subsections (c) and (d) as subsections (a) and (b), respectively. 

SEC. 113. PASSPORT FEES. 

Paragraph (2) of section 1(b) of the Passport Act of June 4, 1920 (22 U.S.C. 214(b)) 

is amended by striking ‘‘not’’ and all that follows through the period at the end and 

inserting the following: ‘‘be exercised beginning on the date of the enactment of the 

Department of State Authorization Act of 2019.’’. 

SEC. 114. UNITED STATES DIPLOMACY CENTER. 

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. UNITED STATES DIPLOMACY CENTER. 

‘‘(a) ACTIVITIES.—— 

‘‘(1) SUPPORT AUTHORIZED.—The Secretary of State is authorized to provide, 

by contract, grant, or otherwise, for the performance of appropriate museum visitor and educational outreach services and related events, including organizing 

programs and conference activities, museum shop services and food services in 

the public exhibition and related space utilized by the center for United States 

diplomacy. 

‘‘(2) RECOVERY OF COSTS.—The Secretary of State is authorized to recover any 

revenues generated under the authority of paragraph (1) for visitor and outreach services and related events referred to in such paragraph, including fees 

for use of facilities at a center for United States diplomacy. Any such revenues 

may be retained as a recovery of the costs of operating the Center. 

‘‘(b) DISPOSITION OF UNITED STATES DIPLOMACY CENTER 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 center for United States diplomacy 

shall be considered to be the property of the U.S. 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 


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value, trade, or transfer such document, artifact, or other article without regard 

to the requirements of subtitle I of title 40, United States Code. The proceeds 

of any such sale may be used solely for the advancement of the mission of the 

center for United States diplomacy and may not be used for any purpose other 

than the acquisition and direct care of the collections of the center. 

‘‘(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 center for United States diplomacy as set forth in the 

collections management policy of the center; 

‘‘(B) the sale, trade, or transfer of such document, artifact, or other article 

would serve to maintain the standards of the collection of the center; or 

‘‘(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 center for United States diplomacy to the Smithsonian Institution or a similar institution for repair, study, 

or exhibition.’’. 

SEC. 115. 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 shall—— 

(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. 116. 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. 117. 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 

members of ASEAN and other likeminded countries, a comprehensive, multilateral 

strategy to bring about further democratic consolidation in Burma and improve 

human rights practices and the quality of life in Burma, including the development 

of a dialog leading to genuine national reconciliation.’’; and 


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(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; 

‘‘(5) progress toward genuine national reconciliation; 

‘‘(6) progress on improving the quality of life of the Burmese people, including 

progress relating to market reforms, living standards, labor standards, use of 

forced labor in the tourism industry, and environmental quality; and’’. 

(2) 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) Section 406 of Public Law 101–246 (22 U.S.C. 2414a). 

(4) Subsection (c) of section 702 of Public Law 96–465 (22 U.S.C. 4022). 

SEC. 118. 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 

(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. 119. OFFICE OF GLOBAL CRIMINAL JUSTICE. 

(a) IN GENERAL.—There should be established within the Department an Office 

of Global Criminal Justice (referred to in this section as the ‘‘Office’’), which may 

be placed within the organizational structure of the Department at the discretion 

of the Secretary. 

(b) DUTIES.—The Office should carry out the following: 

(1) Advise the Secretary and other relevant senior officials on issues related 

to war crimes, crimes against humanity, and genocide. 

(2) Assist in formulating United States policy on the prevention of, responses 

to, and accountability for mass atrocities. 

(3) Coordinate U.S. Government positions relating to the international and 

hybrid courts currently prosecuting persons responsible for genocide, war 

crimes, and crimes against humanity anywhere in the world. 

(4) Work with other governments, international organizations, and nongovernmental organizations, as appropriate, to establish and assist international and domestic commissions of inquiry, fact-finding missions, and tribunals to investigate, document, and prosecute atrocities in every region of the 

globe. 


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(5) Coordinate the deployment of diplomatic, legal, economic, military, and 

other tools to help expose the truth, judge those responsible, protect and assist 

victims, enable reconciliation, deter atrocities, and build the rule of law. 

(6) Provide advice and expertise on transitional justice to United States personnel operating in conflict and post-conflict environments. 

(7) Act as a point of contact for international, hybrid, and mixed tribunals exercising jurisdiction over war crimes, crimes against humanity, and genocide 

committed around the world. 

(8) Represent the Department on any interagency whole-of-government coordinating entities addressing genocide and other mass atrocities. 

(9) Perform any additional duties and exercise such powers as the Secretary 

of State may prescribe. 

(c) SUPERVISION.—The Office should be led by an ambassador-at-Large for Global 

Criminal Justice. 

TITLE II—EMBASSY CONSTRUCTION 

SEC. 201. EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE. 

For ‘‘Embassy Security, Construction, and Maintenance’’, there is authorized to be 

appropriated $1,987,211,000 for Fiscal Year 2020. 

SEC. 202. STANDARD DESIGN IN CAPITAL CONSTRUCTION. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that the Department’s Bureau of Overseas Building Operations (OBO) or successor office should give appropriate consideration to standardization in construction, in which each new United 

States embassy and consulate starts with a standard design and keeps 

customization to a minimum. 

(b) CONSULTATION.—The Secretary shall carry out any new United States embassy compound or new consulate compound project that utilizes a non-standard design, including those projects that are in the design or pre-design phase as of the 

date of the enactment of this Act, only in consultation with the appropriate congressional committees. The Secretary shall provide the appropriate congressional committees, for each such project, the following documentation: 

(1) A comparison of the estimated full lifecycle costs of the project to the estimated full lifecycle costs of such project if it were to use a standard design. 

(2) A comparison of the estimated completion date of such project to the estimated completion date of such project if it were to use a standard design. 

(3) A comparison of the security of the completed project to the security of 

such completed project if it were to use a standard design. 

(4) A justification for the Secretary’s selection of a non-standard design over 

a standard design for such project. 

(5) A written explanation if any of the documentation necessary to support 

the comparisons and justification, as the case may be, described in paragraphs 

(1) through (4) cannot be provided. 

(c) 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. 203. CAPITAL CONSTRUCTION TRANSPARENCY. 

(a) IN GENERAL.—Section 118 of the Department of State Authorities Act, Fiscal 

Year 2017 (22 U.S.C. 304) is amended—— 

(1) in the section heading , by striking ‘‘ANNUAL REPORT ON EMBASSY CONSTRUCTION COSTS’’ and inserting ‘‘BIANNUAL REPORT ON OVERSEAS CAPITAL

CONSTRUCTION PROJECTS’’; and 

(2) by striking subsections (a) and (b) and inserting the following new subsections: 

‘‘(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. 


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‘‘(3) The value of each request for equitable adjustment received by the Department to date. 

‘‘(4) The value of each certified claim received by the Department to date. 

‘‘(5) The value of any usage of the project’s contingency fund to date and the 

value of the remainder of the project’s contingency fund. 

‘‘(6) An enumerated list of each request for adjustment and certified claim 

that remains outstanding or unresolved. 

‘‘(7) An enumerated list of each request for equitable adjustment and certified 

claim that has been fully adjudicated or that the Department has settled, and 

the final dollar amount of each adjudication or settlement. 

‘‘(8) The date of estimated completion specified in the proposed allocation of 

capital construction and maintenance funds required by the Committees on Appropriations not later than 45 days after the date of the enactment of an Act 

making appropriations for the Department of State, foreign operations, and related programs. 

‘‘(9) The current date of estimated completion.’’. 

(b) INITIAL REPORT.—The first report required under subsection (a) of section 118 

of the Department of State Authorities Act, Fiscal Year 2017 (as amended by this 

section) shall include an annex regarding all overseas capital construction projects 

and major embassy security upgrade projects completed during the 10-year period 

ending on December 31, 2018, including, for each such project, the elements specified in subsection (b) of such section 118. 

SEC. 204. CONTRACTOR PERFORMANCE INFORMATION. 

(a) DEADLINE FOR COMPLETION.—The Secretary shall complete all contractor performance evaluations required by subpart 42.15 of the Federal Acquisition Regulation for those contractors engaged in construction of new embassy or new consulate 

compounds by October 1, 2021. 

(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 October 1, 2021, 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. 205. 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 U.S. 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. 


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(c) BASIS FOR ESTIMATES.—The Department shall base its growth assumption for 

all NECs and NCCs on the estimates required under subsections (a) and (b). 

(d) CONGRESSIONAL NOTIFICATION.—Any congressional notification of site selection 

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

SEC. 206. 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 5 years, 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. Such report, which may 

include a classified annex, shall include the following: 

(A) A description of the extent to which each small diplomatic post furthers the national interest of the United States. 

(B) A description of how each small diplomatic post provides American 

Citizen Services, including data on specific services provided and the number of Americans receiving services over the previous year. 

(C) A description of whether each small diplomatic post meets current security requirements. 

(D) A description of the full financial cost of maintaining each small diplomatic post. 

(E) Input from the relevant chiefs of mission on any unique operational 

or policy value the small diplomatic post provides. 

(3) UPDATED INFORMATION.—The annual updates of each of the plans developed pursuant to paragraph (1) shall highlight any changes from the previous 

year’s plan to the ordering of construction and maintenance projects. 

(b) REPORTING REQUIREMENTS.—— 

(1) SUBMISSION OF PLANS TO CONGRESS.—Not later than 60 days after the 

completion of each plan required under subsection (a), the Secretary shall submit the plans to the appropriate congressional committees. 

(2) REFERENCE IN BUDGET JUSTIFICATION MATERIALS.—In the budget justification materials submitted to the appropriate congressional committees in support 

of the Department’s budget for any Fiscal Year (as submitted with the budget 

of the President under section 1105(a) of title 31, United States Code), the plans 

required under subsection (a) shall be referenced to justify funding requested 

for building and maintenance projects overseas. 

(3) FORM OF REPORT.—Each report required under paragraph (1) shall be submitted in unclassified form but may include a classified annex. 

(c) SMALL DIPLOMATIC POST DEFINED.—In this section, the term ‘‘small diplomatic 

post’’ means any United States embassy or consulate that has employed five or 

fewer U.S. Government employees on average over the 36 months prior to the date 

of the enactment of this Act. 

SEC. 207. 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. 


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(2) OBO has a Policy Directive and Standard Operation Procedure, dated May 

24, 2017, on conducting risk management studies on all international construction projects. 

(b) NOTIFICATION REQUIREMENTS.—— 

(1) SUBMISSION TO AUTHORIZING COMMITTEES.—The proposed allocation of 

capital construction and maintenance funds that is required by the Committees 

on Appropriations of the Senate and the House of Representatives not later 

than 45 days after the date of the enactment of an Act making appropriations 

for the Department of State, foreign operations, and related programs shall also 

be submitted to the Committee on Foreign Relations of the Senate and the 

Committee on Foreign Affairs of the House of Representatives. 

(2) REQUIREMENT TO CONFIRM COMPLETION OF VALUE ENGINEERING AND RISK

ASSESSMENT STUDIES.—The notifications required under paragraph (1) shall include confirmation that the Department has completed the requisite VE and 

risk management studies described in subsection (a). 

(c) REPORTING AND BRIEFING REQUIREMENTS.—The Secretary shall provide to the 

appropriate congressional committees upon request—— 

(1) a description of each 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. 208. 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. 209. EMBASSY SECURITY REQUESTS AND DEFICIENCIES. 

The Secretary shall provide to the appropriate congressional committees upon request information on security deficiencies at United States diplomatic posts, including 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. 210. OVERSEAS SECURITY BRIEFINGS. 

Not later than 1 year after the date of the enactment of this Act, the Secretary 

shall revise the Foreign Affairs Manual to stipulate that information on the current 

threat environment shall be provided to all U.S. 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. 211. CONTRACTING METHODS IN CAPITAL CONSTRUCTION. 

(a) DELIVERY.—Unless the Secretary 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 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 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. 212. COMPETITION IN EMBASSY CONSTRUCTION. 

Not later than 45 days after the date of the enactment of this Act, the Secretary 

shall submit to the appropriate congressional committee a report detailing steps the 

Department is taking to expand the embassy construction contractor base in order 

to increase competition and maximize value. 


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SEC. 213. 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. 214. 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. 301. DEFENSE BASE ACT INSURANCE WAIVERS. 

(a) APPLICATION FOR WAIVERS.—Not later than 30 days after the date of the enactment of this Act, the Secretary shall apply to the Department of Labor for a 

waiver from insurance requirements under the Defense Base Act (42 U.S.C. 1651 

et seq.) for all countries with respect to which the requirement was waived prior 

to January 2017, and for which there is not currently a waiver. 

(b) CERTIFICATION REQUIREMENT.—Not later than 45 days after the date of the 

enactment of this Act, the Secretary shall certify to the appropriate congressional 

committees that the requirement in subsection (a) has been met. 

SEC. 302. STUDY ON FOREIGN SERVICE ALLOWANCES. 

(a) REPORT REQUIRED.—— 

(1) IN GENERAL.—Not later than 270 days 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 U.S. 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 SenVerDate Sep 11 2014 01:20 Jul 31, 2019 Jkt 089006 PO 00000 Frm 00017 Fmt 6659 Sfmt 6621 E:\HR\OC\HR181.XXX HR181

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ate 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 decisionmaking. 

(2) COOPERATION.—The Secretary shall work with the heads of other relevant 

U.S. Government departments and agencies to ensure such departments and 

agencies provide all necessary and relevant information to the federally funded 

research and development center carrying out the analysis required under subsection (a)(1). 

(d) INTERIM REPORT TO CONGRESS.—The Secretary shall require that the chief executive officer of the federally funded research and development center that carries 

out the analysis required under subsection (a)(1) submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of 

Representatives an interim report on such analysis not later than 120 days after 

the date of the enactment of this Act. 

SEC. 303. 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. 304. 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. 305. HOME LEAVE TRAVEL FOR SEPARATED FAMILIES. 

Section 903(b) of the Foreign Service Act of 1980 (22 U.S.C. 4083(b)) is amended 

by adding at the end the following new sentence: ‘‘In cases in which the family 

members of a member of the Service reside apart from the member at authorized 

locations outside the United States because they are prevented by official order from 

residing with the member at post, the member may take the leave ordered under 


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this section where that member’s family members reside, notwithstanding section 

6305 of title 5, United States Code.’’. 

SEC. 306. SENSE OF CONGRESS REGARDING CERTAIN FELLOWSHIP PROGRAMS. 

It is the sense of Congress that—— 

(1) Department fellowships that promote the employment of candidates belonging to under-represented groups, including the Charles B. Rangel International Affairs Graduate Fellowship Program, the Thomas R. Pickering Foreign Affairs Fellowship Program, and the Donald M. Payne International Development Fellowship Program, represent smart investments vital for building a 

strong, capable, and representative national security work force; and 

(2) the Secretary of State and the Administrator of the United States Agency 

for International Development should fulfill the terms of their fellowship agreements with each participant in the Fellowship Programs referred to in paragraph (1), as specified in the original contractual agreements with each such 

participant. 

SEC. 307. 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. 308. 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. 309. DIPLOMATIC PROGRAMS. 

(a) SENSE OF CONGRESS ON WORKFORCE RECRUITMENT.—It is the sense of Congress that the Secretary should continue to hold entry-level classes for Foreign Service officers and specialists and continue to recruit civil servants through programs 

such as the Presidential Management Fellows Program and Pathways Internship 

Programs in a manner and at a frequency consistent with prior years and consistent 

with the need to maintain a pool of experienced personnel effectively distributed 

across skill codes and ranks. It is further the sense of Congress that absent continuous recruitment and training of Foreign Service officers and civil servants, the Department will lack experienced, qualified personnel in the short, medium, and long 

terms. 

(b) LIMITATION.—The Secretary may not obligate or expend any amounts for any 

reduction-in-force action under section 3502 or 3595 of title 5, United States Code, 

or for any incentive payments for early separation or retirement under any other 

provision of law unless—— 

(1) the appropriate congressional committees are notified not less than 15 

days in advance of such obligation or expenditure; and 

(2) the Secretary has provided to the appropriate congressional committees a 

detailed report that describes the Department’s strategic staffing goals, including—— 

(A) a justification that describes how any proposed work force reduction 

enhances the effectiveness of the Department; 

(B) a certification that such work force reduction is in the national interest of the United States; 

(C) a comprehensive strategic staffing plan for the Department, including 

5-year work force forecasting and a description of the anticipated impact of 

any proposed work force reduction; and 

(D) a dataset displaying comprehensive work force 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; 


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(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. 310. 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 405 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 work force. 

SEC. 311. 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.—Section 502(a)(2) of the 

Foreign Service Act of 1980 (22 U.S.C. 3982(a)(2)), as amended by section 111 of this 

Act, is further amended by adding at the end the following new sentences: ‘‘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 appropriate congressional committees 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. 312. RECALL AND REEMPLOYMENT OF CAREER MEMBERS. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that—— 

(1) career Department employees provide invaluable service to the United 

States as nonpartisan professionals who contribute subject matter expertise and 

professional skills to the successful development and execution of United States 

foreign policy; and 

(2) re-employment of skilled former members of the Foreign and civil service 

who have voluntarily separated from the Foreign or civil service due to family 

reasons or to obtain professional skills outside government is of benefit to the 

Department. 

(b) REEMPLOYMENT.—Subsection (b) of section 308 of the Foreign Service Act of 

1980 (22 U.S.C. 3948) is amended by adding at the end the following new sentence: 

‘‘Former career tenured members of the Service seeking reappointment, if separated 

for other than cause for up to 3 years prior to the date of the enactment of this 

sentence, shall be eligible to participate in the regular assignment bidding process 

without restriction and shall not be required to accept a directed first assignment 

upon reappointment.’’. 

(c) NOTICE OF EMPLOYMENT OPPORTUNITIES.—— 

(1) IN GENERAL.—Title 5, United States Code, is amended by inserting after 

chapter 102 the following new chapter: 

‘‘CHAPTER 103—NOTICE OF EMPLOYMENT OPPORTUNITIES FOR 

DEPARTMENT OF STATE AND USAID POSITIONS 

‘‘§ 10301. Notice of Employment Opportunities for Department of State and 

USAID positions 

‘‘To ensure that individuals who have separated from the Department of State or 

the United States Agency for International Development and who are eligible for reappointment are aware of such opportunities, the Department of State and the 

United States Agency for International Development shall publicize notice of all employment opportunities, including positions for which the relevant agency is accepting applications from individuals within the agency’s work force under merit promotion procedures, on publicly accessible sites, including www.usajobs.gov. If using 


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merit promotion procedures, the notice shall expressly State that former employees 

eligible for reinStatement may apply.’’. 

(2) CLERICAL AMENDMENT.—The table of sections for subpart I of title 5, 

United States Code, is amended by adding at the end the following: 

‘‘10301. Notice of employment opportunities for Department of State and USAID positions’’. 

(d) RECALL.—Subsection (a) of section 308 of the Foreign Service Act of 1980 (22 

U.S.C. 3948) is amended to read as follows: 

‘‘(a) Whenever the Secretary determines that the needs of the Department so require, the Secretary may recall any retired or voluntarily separated career member 

of the Service, or any retired or voluntarily separated career employee of the civil 

service (within the meaning of section 315.201 of title 5, Code of Federal Regulations (or successor section)), for active duty in the same personnel category as such 

member or employee was serving at the time of retirement or voluntary separation. 

A recalled retired or voluntarily separated career member of the Service or retired 

or voluntarily separated career employee of the civil service may not be recalled to 

a salary class higher than the one in which such member or employee was serving 

at the time of retirement or voluntary separation, unless appointed to such higher 

class by the President, by and with the advice and consent of the Senate.’’. 

SEC. 313. STRATEGIC STAFFING PLAN FOR THE DEPARTMENT. 

(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 work force 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 work force. 

(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. 314. CONSULTING SERVICES. 

(a) IN GENERAL.—Chapter 103 of title 5, United States Code, as added by section 

313 of this Act, is amended by adding at the end the following: 

‘‘§ 10302. Consulting services for the Department of State 

‘‘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.’’. 


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(b) CLERICAL AMENDMENT.—The table of sections for subpart I of title 5, United 

States Code, is amended by adding after the item relating to section 10302 the following new item: 

‘‘10302. Consulting services for the Department of State’’. 

SEC. 315. 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. 316. 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 ‘‘AFGHANI- STAN, 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, 2019, and 

ending on September 30, 2022’’. 

SEC. 317. FOREIGN SERVICE SUSPENSION WITHOUT PAY. 

Subsection (c) of section 610 of the Foreign Service Act of 1980 (22 U.S.C. 4010) 

is amended—— 

(1) in paragraph (1), in the matter preceding subparagraph (A), by striking 

‘‘suspend’’ and inserting ‘‘indefinitely suspend without duties’’; 

(2) by redesignating paragraph (5) as paragraph (7); 

(3) by inserting after paragraph (4) the following new paragraphs: 

‘‘(5) Any member of the Service suspended from duties under this subsection may 

be suspended without pay only after a final written decision is provided to such 

member under paragraph (2). 

‘‘(6) If no final written decision under paragraph (2) has been provided within one 

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 

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

SEC. 318. 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. 319. 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 


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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. 320. STANDARDIZING DEPARTMENT PARENTAL LEAVE POLICIES. 

(a) PURPOSE.—The purpose of this section is to—— 

(1) afford every employee at the Department equal access to leave and workplace flexibilities for childbirth, adoption, and foster care; 

(2) encourage the Department to work toward a parental leave policy that will 

help recruit and retain a dynamic, multi-talented, and diverse work force capable of meeting the national security and foreign policy goals of the United 

States; and 

(3) determine the impacts of flexible leave policies on recruitment and retention rates. 

(b) ESTABLISHING STANDARD PARENTAL LEAVE POLICIES.—— 

(1) IN GENERAL.—Not later than 120 days after the date of the enactment of 

this Act, the Secretary shall establish and implement a standard parental leave 

policy applicable to Department employees across all bureaus and offices within 

the Department and Missions abroad. Nothing in this section shall be construed 

to provide any new category of leave not otherwise provided by law. 

(2) REPORTS.—Not later than 180 days after the date of the enactment of this 

Act, the Secretary shall submit to the appropriate congressional committees a 

report describing—— 

(A) the steps taken to implement the policy required under paragraph (1) 

across all bureaus and offices within the Department and Missions abroad; 

and 

(B) any costs associated with such policy. 

SEC. 321. 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. 322. REST AND RECUPERATION AND OVERSEAS OPERATIONS LEAVE FOR FEDERAL EMPLOYEES. 

(a) IN GENERAL.—Subchapter II of chapter 63 of title 5, United States Code, is 

amended by adding at the end the following new sections: 

‘‘§ 6329d. Rest and recuperation leave 

‘‘(a) DEFINITIONS.—In this section—— 

‘‘(1) the term ‘agency’ means an Executive agency (as that term is defined in 

section 105), but does not include the Government Accountability Office; 

‘‘(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; 

‘‘(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. 


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‘‘(d) RECORDS.—An agency shall record leave provided under this section separately from leave authorized under any other provision of law. 

‘‘§ 6329e. Overseas operations leave 

‘‘(a) DEFINITIONS.—In this section—— 

‘‘(1) the term ‘agency’ means an Executive agency (as that term is defined in 

section 105), but does not include the Government Accountability Office; 

‘‘(2) the term ‘employee’ has the meaning given that term in section 6301; and 

‘‘(3) the term ‘leave year’ means the period beginning with the first day of the 

first complete pay period in a calendar year and ending with the day immediately before the first day of the first complete pay period in the following calendar year. 

‘‘(b) LEAVE FOR OVERSEAS OPERATIONS.—The head of an agency may prescribe 

regulations to grant up to 10 days of paid leave, per leave year, to an employee of 

the agency serving abroad where the conduct of business could pose potential security or safety related risks or would be inconsistent with host-country practice. Such 

regulations may provide that additional leave days may be granted during such 

leave year if the head of the agency determines that to do so is necessary to advance 

the national security or foreign policy interests of the United States. 

‘‘(c) DISCRETIONARY AUTHORITY OF AGENCY HEAD.—Use of the authority under 

subsection (b) is at the sole and exclusive discretion of the head of the agency concerned. 

‘‘(d) RECORDS.—An agency shall record leave provided under this section separately from leave authorized under any other provision of law.’’. 

(b) CLERICAL AMENDMENTS.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 6329c the following 

new items: 

‘‘6329d. Rest and recuperation leave. 

‘‘6329e. Overseas operations leave.’’. 

TITLE IV—A DIVERSE WORKFORCE: 

RECRUITMENT, RETENTION, AND PROMOTION 

SEC. 401. DEFINITIONS. 

In this title: 

(1) APPLICANT FLOW DATA.—The term ‘‘applicant flow data’’ means data that 

tracks the rate of applications for job positions among demographic categories. 

(2) DEMOGRAPHIC DATA.—The term ‘‘demographic data’’ means facts or statistics relating to the demographic categories specified in the Office of Management and Budget statistical policy directive entitled ‘‘Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity’’ (81 Fed. 

Reg. 67398). 

(3) DIVERSITY.—The term ‘‘diversity’’ means 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 agreement or 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 working in the Department of State under any other authority. 

SEC. 402. COLLECTION, ANALYSIS, AND DISSEMINATION OF WORKFORCE DATA. 

(a) INITIAL REPORT.—Not later than 180 days after the date of the enactment of 

this Act, the Secretary shall, in consultation with the Director of the Office of Personnel Management and the Director of the Office of Management and Budget, submit to the appropriate congressional committees a report, which shall also be posted 

on a publicly available website of the Department in a searchable data base format, 

that includes disaggregated demographic data and other information regarding the 

diversity of the work force of the Department. 


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(b) DATA.—The report under subsection (a) shall include the following data: 

(1) Demographic data on each element of the work force 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 work force. 

(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 work force, 

the percentages of such work force corresponding to each element listed in section 401(4), and the percentages corresponding to each rank, grade, or gradeequivalent. 

(c) RECOMMENDATION.—The Secretary may include in the report under subsection 

(a) a recommendation to the Director of Office of Management and Budget and to 

the appropriate congressional committees regarding whether the Department should 

collect more detailed data on demographic categories in addition to the race and ethnicity categories specified in the Office of Management and Budget statistical policy 

directive entitled ‘‘Standards for Maintaining, Collecting, and Presenting Federal 

Data on Race and Ethnicity’’ (81 Fed. Reg. 67398). 

(d) OTHER CONTENTS.—The report under subsection (a) shall also describe and assess the effectiveness of the efforts of the Department—— 

(1) to propagate fairness, impartiality, and inclusion in the work environment, 

both domestically and abroad; 

(2) to enforce anti-harassment and anti-discrimination policies, both domestically and at posts overseas; 

(3) to refrain from engaging in unlawful discrimination in any phase of the 

employment process, including recruitment, hiring, evaluation, assignments, 

promotion, retention, and training; 

(4) to prevent illegal retaliation against employees for participating in a protected equal employment opportunity activity or for reporting sexual harassment or sexual assault; 

(5) to provide reasonable accommodation for qualified employees and applicants with disabilities; and 

(6) to recruit a representative work force by—— 

(A) recruiting women and minorities; 

(B) recruiting at women’s colleges, historically Black colleges and universities, minority-serving institutions, and other institutions serving a significant percentage of minority students; 

(C) placing job advertisements in newspapers, magazines, and job sites 

oriented toward women and minorities; 

(D) sponsoring and recruiting at job fairs in urban and rural communities 

and land-grant colleges or universities; 

(E) providing opportunities through the Foreign Service Internship Program under chapter 12 of the Foreign Service Act of 1980 (22 U.S.C. 4141 

et seq.) and other hiring initiatives; 

(F) recruiting mid-level and senior-level professionals through programs 

designed to increase minority representation in international affairs; 

(G) offering the Foreign Service written and oral assessment examinations in several locations throughout the United States to reduce the burden of applicants having to travel at their own expense to take either or 

both such examinations; and 

(H) support recruiting and hiring opportunities through—— 

(i) the Charles B. Rangel International Affairs Fellowship Program; 

(ii) the Thomas R. Pickering Foreign Affairs Fellowship Program; 


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(iii) the Donald M. Payne International Development Fellowship Program; and 

(iv) 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 work force 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. 403. EXIT INTERVIEWS FOR WORKFORCE. 

(a) RETAINED MEMBERS.—The Director General of the Foreign Service and the Director of Human Resources of the Department should conduct periodic interviews 

with a representative and diverse cross-section of the work force of the Department—— 

(1) to understand the reasons of individuals in such work force 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 work force 

to remain in the Department. 

(b) DEPARTING MEMBERS.—The Director General of the Foreign Service and the 

Director of Human Resources shall provide an opportunity for an exit interview to 

each individual in the work force 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 Human Resources 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 402 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 work force; and 

(3) actively encourage participation from a range of demographic categories, 

especially from categories with consistently low participation, in such professional development programs. 

SEC. 404. RECRUITMENT AND RETENTION. 

(a) IN GENERAL.—The Secretary should—— 

(1) continue to seek a diverse and talented pool of applicants; and 

(2) instruct the Director General of the Foreign Service and the Director of 

the Bureau of Human Resources of the Department to have a recruitment plan 

of action for the recruitment of people belonging to traditionally under-represented groups, which should include outreach at appropriate colleges, universities, affinity groups, and professional associations. 

(b) SCOPE.—The diversity recruitment initiatives described in subsection (a) 

should include—— 

(1) recruiting at women’s colleges, historically Black colleges and universities, 

minority-serving institutions, and other institutions serving a significant percentage of minority students; 

(2) placing job advertisements in newspapers, magazines, and job sites oriented toward diverse groups; 


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(3) sponsoring and recruiting at job fairs in urban and rural communities and 

land-grant colleges or universities; 

(4) providing opportunities through highly respected, international leadership 

programs, that focus on diversity recruitment and retention; and 

(5) cultivating partnerships with organizations dedicated to the advancement 

of the profession of international affairs and national security to advance shared 

diversity goals. 

(c) 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 of training on anti-harassment and anti-discrimination information and policies to all individuals in the work force; 

(B) expand the provision of training on workplace rights and responsibilities to focus on anti-harassment and anti-discrimination information and 

policies, including policies relating to sexual assault prevention and response; and 

(C) make such expanded training mandatory for—— 

(i) individuals in senior and supervisory positions; 

(ii) individuals having responsibilities related to recruitment, retention, or promotion of employees; and 

(iii) any other individual determined by the Department who needs 

such training based on analysis by the Department or OPM analysis. 

(2) BEST PRACTICES.—The Department shall give special attention to ensuring 

the continuous incorporation of research-based best practices in training provided under this subsection. 

SEC. 405. LEADERSHIP ENGAGEMENT AND ACCOUNTABILITY. 

(a) 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 

work force 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. 406. 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. 

(2) TRAINING FOR SENIOR POSITIONS.—— 

(A) IN GENERAL.—The Secretary shall offer, or sponsor members of the 

work force 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 work force 

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; 


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(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. 407. 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 three different time zones 

across the United States.’’. 

SEC. 408. 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. 409. VOLUNTARY PARTICIPATION. 

(a) IN GENERAL.—Nothing in this title should be construed so as to compel any 

employee to participate in the collection of the data or divulge any personal information. Department employees shall be informed that their participation in the data 

collection contemplated by this title is voluntary. 

(b) PRIVACY PROTECTION.—Any data collected under this title shall be subject to 

the relevant privacy protection statutes and regulations applicable to Federal employees. 

TITLE V—INFORMATION SECURITY 

SEC. 501. DEFINITIONS. 

In this title: 

(1) INFORMATION SYSTEM.—The term ‘‘information system’’ has the meaning 

given such term in section 3502 of title 44, United States Code. 

(2) INTELLIGENCE COMMUNITY.—The term ‘‘intelligence community’’ has the 

meaning given such term in section 3(4) of the National Security Act of 1947 

(50 U.S.C. 3003(4)). 

(3) RELEVANT CONGRESSIONAL COMMITTEES.—The term ‘‘relevant congressional committees’’ means—— 

(A) the appropriate congressional committees; 

(B) the Select Committee on Intelligence of the Senate; and 

(C) the Permanent Select Committee on Intelligence of the House of Representatives. 

SEC. 502. INFORMATION SYSTEM SECURITY. 

(a) DEFINITIONS.—In this section: 

(1) INCIDENT.—The term ‘‘incident’’ has the meaning given such term in section 3552(b) of title 44, United States Code. 

(2) PENETRATION TEST.—The term ‘‘penetration test’’ means a test methodology in which assessors attempt to circumvent or defeat the security features 

of an information system. 

(b) CONSULTATIONS PROCESS.—Not later than 60 days after the date of the enactment of this Act, the Secretary shall establish a process for conducting semiannual 

consultations with the Secretary of Defense, the Director of National Intelligence, 

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ative who the Secretary determines to be appropriate regarding the security of U.S. 

Government and nongovernmental information systems used or operated by the Department, a contractor of the Department, or another organization on behalf of the 

Department, including any such systems or networks facilitating the use of sensitive 

or classified information. 

(c) INDEPENDENT PENETRATION TESTING OF INFORMATION SYSTEMS.—In coordination with the consultations under subsection (b), the Secretary shall commission 

independent, semiannual penetration tests, which shall be carried out by an appropriate Federal department or agency other than the Department, such as the Department of Homeland Security or the National Security Agency, to ensure that adequate policies and protections are implemented to detect and prevent penetrations 

or compromises of such information systems, including malicious intrusions by any 

unauthorized individual, State actor, or other entity. 

(d) WAIVER.—The Secretary may waive the requirement under subsection (c) for 

up to 1 year if the Secretary—— 

(1) determines that such requirement would have adverse effects on national 

security or the diplomatic mission of the Department; and 

(2) not later than 30 days after the commencement of such a determination, 

submits to the relevant congressional committees a written justification that describes how such penetration tests would undermine national security or the 

diplomatic mission of the Department. 

(e) INCIDENT REPORTING.—Not later than 180 days after the date of the enactment 

of this Act and annually thereafter for 3 years, the Secretary, in consultation with 

the Secretary of Defense, the Director of the National Intelligence, the Secretary of 

Homeland Security, and any other department or agency representative who the 

Secretary determines to be appropriate, shall securely submit to the relevant congressional committees a classified report that describes in detail the following: 

(1) For the first reporting period, all known and suspected incidents affecting 

the information systems specified in subsection (b) that occurred during the 

180-day period immediately preceding the date of the enactment of this Act. 

(2) For all subsequent reporting periods, all known and suspected incidents 

affecting the information systems specified in subsection (b) that occurred since 

the submission of the most recent report. 

(f) CONTENTS.—Each report under subsection (e) shall include, for the relevant reporting period, a summary overview addressing the following: 

(1) A description of the relevant information system, as specified in subsection 

(b), that experienced a known or suspected incident. 

(2) An assessment of the date and time each such incident occurred or was 

suspected to have occurred. 

(3) An assessment of the duration over which each such incident took place 

or is suspected of having taken place, including whether such incident is ongoing. 

(4) An assessment of the volume and sensitivity of information accessed, compromised, or potentially compromised by each incident, including any such information contained on information systems owned, operated, managed, or utilized by any other Federal department or agency. 

(5) An assessment of whether such information system was compromised by 

such incident, including an assessment of the following: 

(A) The known or suspected perpetrators, including State actors. 

(B) The methods used to carry out the incident. 

(C) The known or suspected intent of the actors in accessing the information system. 

(6) A description of the actions the Department has taken or plans to take, 

including timelines and descriptions of any progress on plans described in prior 

reports, to prevent future, similar incidents affecting such information systems. 

SEC. 503. PROHIBITION ON CONTRACTING WITH CERTAIN TELECOMMUNICATIONS PROVIDERS. 

(a) LIST OF COVERED CONTRACTORS.—Not later than 30 days after the date of the 

enactment of this Act, the Secretary, in consultation with the Director of National 

Intelligence, shall develop or maintain, as the case may be, and update as frequently as the Secretary determines appropriate, a list of covered contractors with 

respect to which the prohibition specified in subsection (b) shall apply. Not later 

than 30 days after the initial development of the list under this subsection, any update thereto, and annually thereafter for 5 years after such initial 30 day period, 

the Secretary shall submit to the appropriate congressional committees a copy of 

such list. 

(b) PROHIBITION ON CONTRACTS.—The Secretary may not enter into a contract 

with a covered contractor on the list described in subsection (a). 


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(c) REMOVAL FROM LIST.—To be removed from the list described in subsection (a), 

a covered contractor may submit a request to the Secretary in such manner as the 

Secretary determines appropriate. The Secretary, in consultation with the Director 

of National Intelligence, shall determine a process for removing covered contractors 

from the list, as appropriate, and publicly disclose such process. 

(d) WAIVERS.—— (1) IN GENERAL.—The President or the Secretary may waive the prohibition 

specified in subsection (b) if the President or the Secretary determines that such 

waiver is justified for national security reasons. 

(2) WAIVER FOR OVERSEAS OPERATIONS.—The Secretary may waive the prohibition specified in subsection (b) for United States diplomatic posts or diplomatic personnel overseas if the Secretary, in consultation with the Director of 

National Intelligence, determines that no suitable alternatives are available. 

(e) COVERED CONTRACTOR DEFINED.—In this section, the term ‘‘covered contractor’’ means a provider of telecommunications, telecommunications equipment, or 

information technology equipment, including hardware, software, or services, that 

has knowingly assisted or facilitated a cyber attack or conducted surveillance, including passive or active monitoring, carried out against—— 

(1) the United States by, or on behalf of, any government, or persons associated with such government, listed as a cyber threat actor in the intelligence 

community’s 2017 assessment of worldwide threats to United States national 

security or any subsequent worldwide threat assessment of the intelligence community; or 

(2) individuals, including activists, journalists, opposition politicians, or other 

individuals for the purposes of suppressing dissent or intimidating critics, on 

behalf of a country included in the annual country reports on human rights 

practices of the Department for systematic acts of political repression, including 

arbitrary arrest or detention, torture, extrajudicial or politically motivated killing, or other gross violations of human rights. 

(f) EFFECTIVE DATE.—This section shall apply with respect to contracts of a covered contractor entered into on or after the date of the enactment of this Act. 

SEC. 504. 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 U.S. 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 U.S. 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. 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. 

SEC. 505. FOREIGN RELATIONS OF THE UNITED STATES (FRUS) SERIES AND DECLASSIFICATION. 

The State Department Basic Authorities Act of 1956 is amended—— 

(1) in section 401(c) (22 U.S.C. 4351(c)), by striking ‘‘30’’ and inserting ‘‘25’’; 

(2) in section 402(a)(2) (22 U.S.C. 4352(a)(2)), by striking ‘‘26’’ and inserting 

‘‘20’’; and 

(3) 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. 506. VULNERABILITY DISCLOSURE POLICY AND BUG BOUNTY PILOT PROGRAM. 

(a) DEFINITIONS.—In this section: 

(1) BUG BOUNTY PROGRAM.—The term ‘‘bug bounty program’’ means a program under which an approved individual, organization, or company is temporarily authorized to identify and report vulnerabilities of internet-facing information technology of the Department in exchange for compensation. 


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(2) DEPARTMENT.—The term ‘‘Department’’ means the Department of State. 

(3) INFORMATION TECHNOLOGY.—The term ‘‘information technology’’ has the 

meaning given such term in section 11101 of title 40, United States Code. 

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of State. 

(b) DEPARTMENT OF STATE VULNERABILITY DISCLOSURE PROCESS.—— (1) IN GENERAL.—Not later than 180 days after the date of the enactment of 

this Act, the Secretary shall design, establish, and make publicly known a Vulnerability Disclosure Process (VDP) to improve Department cybersecurity 

by—— 

(A) providing security researchers with clear guidelines for—— 

(i) conducting vulnerability discovery activities directed at Department information technology; and 

(ii) submitting discovered security vulnerabilities to the Department; 

and 

(B) creating Department procedures and infrastructure to receive and fix 

discovered vulnerabilities. 

(2) REQUIREMENTS.—In establishing the VDP pursuant to paragraph (1), the 

Secretary shall—— 

(A) identify which Department information technology should be included 

in the process; 

(B) determine whether the process should differentiate among and specify 

the types of security vulnerabilities that may be targeted; 

(C) provide a readily available means of reporting discovered security 

vulnerabilities and the form in which such vulnerabilities should be reported; 

(D) identify which Department offices and positions will be responsible 

for receiving, prioritizing, and addressing security vulnerability disclosure 

reports; 

(E) consult with the Attorney General regarding how to ensure that individuals, organizations, and companies that comply with the requirements 

of the process are protected from prosecution under section 1030 of title 18, 

United States Code, and similar provisions of law for specific activities authorized under the process; 

(F) consult with the relevant offices at the Department of Defense that 

were responsible for launching the 2016 Vulnerability Disclosure Program, 

‘‘Hack the Pentagon’’, and subsequent Department of Defense bug bounty 

programs; 

(G) engage qualified interested persons, including nongovernmental sector representatives, about the structure of the process as constructive and 

to the extent practicable; and 

(H) award contracts to entities, as necessary, to manage the process and 

implement the remediation of discovered security vulnerabilities. 

(3) ANNUAL REPORTS.—Not later than 180 days after the establishment of the 

VDP under paragraph (1) and annually thereafter for the next 6 years, the Secretary of State shall submit to the Committee on Foreign Affairs of the House 

of Representatives and the Committee on Foreign Relations of the Senate a report on the VDP, including information relating to the following: 

(A) The number and severity, in accordance with the National 

Vulnerabilities Data base 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; 


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(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 U.S. 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 Data base 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. 601. SHORT TITLE. 

This title may be cited as the ‘‘Public Diplomacy Modernization Act of 2019’’. 

SEC. 602. 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. 603. IMPROVING RESEARCH AND EVALUATION OF PUBLIC DIPLOMACY. 

(a) RESEARCH AND EVALUATION ACTIVITIES.—The Secretary, acting through the 

Director of Research and Evaluation appointed pursuant to subsection (b), shall—— 


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(1) conduct regular research and evaluation of public diplomacy programs and 

activities of the Department, including through the routine use of audience research, digital analytics, and impact evaluations, to plan and execute such programs and activities; and 

(2) make available to Congress the findings of the research and evaluations 

conducted under paragraph (1). 

(b) DIRECTOR OF RESEARCH AND EVALUATION.—— (1) APPOINTMENT.—Not later than 90 days after the date of the enactment of 

this Act, the Secretary shall appoint a Director of Research and Evaluation (referred to in this subsection as the ‘‘Director’’) in the Office of Policy, Planning, 

and Resources for Public Diplomacy and Public Affairs of the Department. 

(2) LIMITATION ON APPOINTMENT.—The appointment of the Director pursuant 

to paragraph (1) shall not result in an increase in the overall full-time equivalent positions within the Department. 

(3) RESPONSIBILITIES.—The Director shall—— 

(A) report to the Director of Policy Planning of the Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs of the Department; 

(B) coordinate and oversee the research and evaluation of public diplomacy programs and activities of the Department to—— 

(i) improve public diplomacy strategies and tactics; and 

(ii) ensure that such programs and activities are increasing the 

knowledge, understanding, and trust of the United States by relevant 

target audiences; 

(C) routinely organize and oversee audience research, digital analytics, 

and impact evaluations across all public diplomacy bureaus and offices of 

the Department; 

(D) support United States diplomatic posts’ public affairs sections; 

(E) share appropriate public diplomacy research and evaluation information within the Department and with other appropriate Federal departments and agencies; 

(F) regularly design and coordinate standardized research questions, 

methodologies, and procedures to ensure that public diplomacy programs 

and activities across all public diplomacy bureaus and offices are designed 

to meet appropriate foreign policy objectives; and 

(G) report biannually to the United States Advisory Commission on Public Diplomacy, through the Subcommittee on Research and Evaluation established pursuant to subsection (f), regarding the research and evaluation 

of all public diplomacy bureaus and offices. 

(4) 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 Director of Policy Planning of the Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs of the Department 

shall ensure that research and evaluation of public diplomacy and activities of 

the Department, as coordinated and overseen by the Director pursuant to subsection (b), supports strategic planning and resource allocation across all public 

diplomacy bureaus and offices of the Department. 

(2) ALLOCATION OF RESOURCES.—Amounts allocated for the purpose of research and evaluation of public diplomacy programs and activities of the Department pursuant to subsection (b) shall be made available to be disbursed at 

the direction of the Director among the research and evaluation staff across all 

public diplomacy bureaus and offices of the Department. 

(3) SENSE OF CONGRESS.—It is the sense of Congress that the Department 

should gradually increase its allocation of funds made available under the headings ‘‘Educational and Cultural Exchange Programs’’ and ‘‘Diplomatic Programs’’ for research and evaluation of public diplomacy programs and activities 

of the Department pursuant to subsection (b) to a percentage of program funds 

that is commensurate with Federal Government best practices. 

(d) LIMITED EXEMPTION RELATING TO THE PAPERWORK REDUCTION ACT.—Chapter 

35 of title 44, United States Code (commonly known as the ‘‘Paperwork Reduction 

Act’’) shall not apply to the collection of information directed at any individuals conducted by, or on behalf of, the Department for the purpose of audience research, 


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monitoring, and evaluations, and in connection with the Department’s activities conducted pursuant to any of the following: 

(1) The United States Information and Educational Exchange Act of 1948 (22 

U.S.C. 1431 et seq.). 

(2) The Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 

2451 et seq.). 

(3) Section 1287 of the National Defense Authorization Act for Fiscal Year 

2017 (Public Law 114–328; 22 U.S.C. 2656 note). 

(4) The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.). 

(e) LIMITED EXEMPTION RELATING TO THE PRIVACY ACT.—— 

(1) IN GENERAL.—The Department shall maintain, collect, use, and disseminate records (as such term is defined in section 552a(a)(4) of title 5, United 

States Code) for audience research, digital analytics, and impact evaluation of 

communications related to public diplomacy efforts intended for foreign audiences. 

(2) CONDITIONS.—Audience research, digital analytics, and impact evaluations 

under paragraph (1) shall be—— 

(A) reasonably tailored to meet the purposes of this subsection; and 

(B) carried out with due regard for privacy and civil liberties guidance 

and oversight. 

(f) UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY.—— 

(1) SUBCOMMITTEE FOR RESEARCH AND EVALUATION.—The United States Advisory Commission on Public Diplomacy shall establish a Subcommittee on Research and Evaluation to monitor and advise regarding audience research, digital analytics, and impact evaluations carried out by the Department and the 

United States Agency for Global Media. 

(2) ANNUAL REPORT.—The Subcommittee on Research and Evaluation established pursuant to paragraph (1) shall submit to the appropriate congressional 

committees an annual report, in conjunction with the United States Advisory 

Commission on Public Diplomacy’s Comprehensive Annual Report on the performance of the Department and the United States Agency for Global Media, 

describing all actions taken by the Subcommittee pursuant to paragraph (1) and 

any findings made as a result of such actions. 

SEC. 604. 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, 2020’’. 

SEC. 605. STREAMLINING OF SUPPORT FUNCTIONS. 

(a) WORKING GROUP ESTABLISHED.—Not later than 90 days after the date of the 

enactment of this Act, the Secretary shall establish a working group to explore the 

possibilities and cost-benefit analysis of transitioning to a shared services model as 

such pertains to human resources, travel, purchasing, budgetary planning, and all 

other executive support functions for all bureaus of the Department that report to 

the Under Secretary for Public Diplomacy of the Department. 

(b) 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 plan to 

implement any such findings of the working group established under subsection (a). 

SEC. 606. GUIDANCE FOR CLOSURE OF PUBLIC DIPLOMACY FACILITIES. 

(a) IN GENERAL.—Not later than 180 days after the date of the enactment of this 

Act, the Secretary of State shall adopt, and include in the Foreign Affairs Manual, 

guidelines to collect and utilize information from each diplomatic post at which the 

construction of a new embassy compound or new consulate compound would result 

in the closure or co-location of an American Space, American Center, American Corner, or any other public diplomacy facility under the Secure Embassy Construction 

and Counterterrorism Act of 1999 (22 U.S.C. 4865 et seq.). 

(b) REQUIREMENTS.—The guidelines required by subsection (a) shall include the 

following: 

(1) Standardized notification to each chief of mission at a diplomatic post describing the requirements of the Secure Embassy Construction and Counterterrorism Act of 1999 and the impact on the mission footprint of such requirements. 

(2) An assessment and recommendations from each chief of mission of potential impacts to public diplomacy programming at such diplomatic post if any 


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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. 607. 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. 701. SENSE OF CONGRESS. 

It is the sense of Congress that—— 

(1) it is in the foreign policy interest of the United States to help foreign countries promote good governance and combat public corruption; 

(2) multiple Federal departments and agencies operate programs that promote good governance in foreign countries and enhance such countries’ ability 

to combat public corruption; 

(3) the Department should promote coordination among the Federal departments and agencies implementing programs to promote good governance and 

combat public corruption in foreign countries in order to improve effectiveness 

and efficiency; and 

(4) the Department should identify areas in which United States efforts to 

help other countries promote good governance and combat public corruption 

could be enhanced. 

SEC. 702. ANNUAL ASSESSMENT. 

(a) IN GENERAL.—For each of fiscal years 2020 through 2026, the Secretary shall 

assess the capacity and commitment of foreign countries to combat public corruption. Each such assessment shall—— 

(1) utilize independent, third party indicators that measure transparency, accountability, and corruption in the public sector in such countries, including the 

extent to which public power is exercised for private gain, to identify those 

countries that are most vulnerable to public corruption; 

(2) consider, to the extent reliable information is available, whether the government of a country identified under paragraph (1)—— 

(A) has adopted measures to prevent public corruption, such as measures 

to inform and educate the public, including potential victims, about the 

causes and consequences of public corruption; 

(B) has enacted laws and established government structures, policies, and 

practices that prohibit public corruption; 


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(C) enforces such laws through a fair judicial process; 

(D) vigorously investigates, prosecutes, convicts, and sentences public officials who participate in or facilitate public corruption, including nationals 

of such country who are deployed in foreign military assignments, trade 

delegations abroad, or other similar missions who engage in or facilitate 

public corruption; 

(E) prescribes appropriate punishment for serious, significant corruption 

that is commensurate with the punishment prescribed for serious crimes; 

(F) prescribes appropriate punishment for significant corruption that provides a sufficiently stringent deterrent and adequately reflects the nature 

of the offense; 

(G) convicts and sentences persons responsible for such acts that take 

place wholly or partly within the country of such government, including, as 

appropriate, requiring the incarceration of individuals convicted of such 

acts; 

(H) holds private sector representatives accountable for their role in public corruption; and 

(I) addresses threats for civil society to monitor anti-corruption efforts; 

and 

(3) further consider—— 

(A) verifiable measures taken by the government of a country identified 

under paragraph (1) to prohibit government officials from participating in, 

facilitating, or condoning public corruption, including the investigation, 

prosecution, and conviction of such officials; 

(B) the extent to which such government provides access, or, as appropriate, makes adequate resources available, to civil society organizations 

and other institutions to combat public corruption, including reporting, investigating, and monitoring; 

(C) the extent to which an independent judiciary or judicial body in such 

country is responsible for, and effectively capable of, deciding public corruption cases impartially, on the basis of facts and in accordance with law, 

without any improper restrictions, influences, inducements, pressures, 

threats, or interferences, whether direct or indirect, from any source or for 

any reason; 

(D) the extent to which such government cooperates meaningfully with 

the United States to strengthen government and judicial institutions and 

the rule of law to prevent, prohibit, and punish public corruption; 

(E) the extent to which such government—— 

(i) is assisting in international investigations of transnational public 

corruption networks and in other cooperative efforts to combat serious, 

significant corruption, including cooperating with the governments of 

other countries to extradite corrupt actors; 

(ii) recognizes the rights of victims of public corruption, ensures their 

access to justice, and takes steps to prevent such victims from being 

further victimized or persecuted by corrupt actors, government officials, 

or others; and 

(iii) refrains from prosecuting legitimate victims of public corruption 

or whistleblowers due to such persons having assisted in exposing public corruption, and refrains from other discriminatory treatment of such 

persons; and 

(F) contain such other information relating to public corruption as the 

Secretary considers appropriate. 

(b) IDENTIFICATION.—After conducting each assessment under subsection (a), the 

Secretary shall identify the countries described in paragraph (1) of such subsection 

that are—— 

(1) meeting minimum standards to combat public corruption; 

(2) not meeting such minimum standards but making significant efforts to do 

so; and 

(3) neither meeting such minimum standards nor making significant efforts 

to do so. 

(c) REPORT.—Not later than 180 days after the date of the enactment of this Act 

and annually thereafter through Fiscal Year 2026, the Secretary shall submit to the 

appropriate congressional committees and make publicly available a report that 

identifies the countries described in subsection (a)(1) and paragraphs (2) and (3) of 

subsection (b), including a description of the methodology and data utilized in the 

assessments under subsection (a) and the reasons for such identifications. 

(d) BRIEFING IN LIEU OF REPORT.—The Secretary may waive the requirement to 

submit and make publicly available a written report under subsection (c) if the Secretary—— 


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(1) determines that publication of such report would—— 

(A) undermine existing United States anti-corruption efforts in one or 

more countries; or 

(B) threaten the national interests of the United States; and 

(2) provides a briefing to the appropriate congressional committees that identifies the countries described in subsection (a)(1) and paragraphs (2) and (3) of 

subsection (b), including a description of the methodology and data utilized in 

the assessment under subsection (a) and the reasons for such identifications. 

SEC. 703. TRANSPARENCY AND ACCOUNTABILITY. 

For each country identified under paragraphs (2) and (3) of section 702(b), the 

Secretary, in coordination with the Administrator of the United States Agency for 

International Development, as appropriate, shall—— 

(1) ensure that a corruption risk assessment and mitigation strategy is included in the integrated country strategy for such country; and 

(2) utilize appropriate mechanisms to combat corruption in such countries, including by ensuring—— 

(A) the inclusion of anti-corruption clauses in contracts, grants, and cooperative agreements entered into by the Department or the Agency for or in 

such countries, which allow for the termination of such contracts, grants, 

or cooperative agreements, as the case may be, without penalty if credible 

indicators of public corruption are discovered; 

(B) the inclusion of appropriate clawback or flowdown clauses within the 

procurement instruments of the Department and the Agency that provide 

for the recovery of funds misappropriated through corruption; 

(C) the appropriate disclosure to the U.S. Government, in confidential 

form, if necessary, of the beneficial ownership of contractors, subcontractors, grantees, cooperative agreement participants, and other organizations 

implementing programs on behalf of the Department or Agency; and 

(D) the establishment of mechanisms for investigating allegations of misappropriated resources and equipment. 

SEC. 704. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF CONTACT. 

(a) IN GENERAL.—The Secretary shall annually designate an anti-corruption point 

of contact at the United States diplomatic post to each country identified under 

paragraphs (2) and (3) of section 702(b), or which the Secretary otherwise determines is in need of such a point of contact. 

(b) RESPONSIBILITIES.—Each designated anti-corruption point of contact under 

subsection (a) shall be responsible for coordinating and overseeing implementation 

of a whole-of-government approach among the relevant Federal departments and 

agencies that operate programs that promote good governance in foreign countries 

and enhance such countries’ ability to combat public corruption in order to accomplish such objectives in the country to which such point of contact is posted, including through the development and implementation of corruption risk assessment 

tools and mitigation strategies. 

(c) TRAINING.—The Secretary shall implement appropriate training for designated 

anti-corruption points of contact under subsection (a). 

SEC. 705. REPORTING REQUIREMENTS. 

(a) ANNUAL REPORT.—— 

(1) IN GENERAL.—The Secretary shall, for each of fiscal years 2020 through 

2026, submit to the appropriate congressional committees a report on implementation of this title, including a description of the following: 

(A) The offices within the Department and the United States Agency for 

International Development that are engaging in significant anti-corruption 

activities. 

(B) The findings and actions of designated anti-corruption points of contact to develop and implement risk mitigation strategies and ensure compliance with section 703. 

(C) The training implemented under section 704(c). 

(D) Management of the whole-of-government effort referred to in section 

704(b) to combat corruption within the countries identified in section 702 

and efforts to improve coordination across Federal departments and agencies. 

(E) The risk assessment tools and mitigation strategies utilized by the 

Department and the Agency. 

(F) Other information determined by the Secretary to be necessary and 

appropriate. 

(2) FORM OF REPORT.—Each report under this subsection shall be submitted 

in an unclassified format but may include a classified annex. 


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(b) ONLINE PLATFORM.—The Secretary shall consolidate existing reports with anticorruption components into one online, public platform, which should—— 

(1) include—— 

(A) the annual Country Reports on Human Rights Practices; 

(B) the annual Fiscal Transparency Report; 

(C) the annual Investment Climate Statements; 

(D) the annual International Narcotics Control Strategy Report; 

(E) the Country Scorecards of the Millennium Challenge Corporation; and 

(F) any other relevant public reports; and 

(2) link to third-party indicators and compliance mechanisms used by the U.S. 

Government to inform policy and programming, such as—— 

(A) the International Finance Corporation’s Doing Business surveys; 

(B) the International Budget Partnership’s Open Budget Index; and 

(C) multilateral peer review anti-corruption compliance mechanisms, such 

as the Organization for Economic Co-operation and Development’s Working 

Group on Bribery in International Business Transactions and the United 

Nations Convention Against Corruption, done at New York October 31, 

2003, to further highlight expert international views on country challenges 

and country efforts. 

(c) TRAINING.—The Secretary and the Administrator of the United States Agency 

for International Development shall incorporate anti-corruption components into existing Foreign Service and Civil Service training courses to—— 

(1) increase the ability of Department and Agency personnel to support anticorruption as a foreign policy priority; and 

(2) strengthen the ability of such personnel to design, implement, and evaluate more effective anti-corruption programming around the world, including enhancing skills to better evaluate and mitigate public corruption risks in assistance programs. 

SEC. 706. FOREIGN INVESTMENTS AND NATIONAL SECURITY. 

(a) IN GENERAL.—Not later than 1 year after the date of the enactment of this 

Act and biennially thereafter for the following 6 years, the Secretary, in consultation 

with the Secretary of the Treasury, the Director of National Intelligence, and the 

heads of other agencies, as appropriate, shall submit to Congress an interagency 

strategy to work with foreign governments and multilateral institutions to guard 

against the risks of certain transactions involving foreign investments. 

(b) CONTENTS.—Each interagency strategy under paragraph (1) shall include 

plans relating to the following: 

(1) Information sharing with foreign governments and multilateral institutions regarding risks associated with potential foreign investments. 

(2) Promoting American and other alternatives to foreign investments identified as presenting substantial risk to the national security or sovereignty of a 

country. 

(3) Providing technical assistance to foreign governments or multilateral institutions regarding screening foreign investments. 

(4) Designating points of contact at each United States mission to foreign governments and multilateral institutions, and in associated regional bureaus, to 

coordinate efforts described in this paragraph. 

(c) COORDINATION.—If the Secretary determines such is appropriate, the designated points of contact referred to in subsection (b)(4) may be the same individual 

designated under section 704(a). 

TITLE VIII—MATTERS RELATING TO 

INTERNATIONAL SECURITY 

SEC. 801. SHORT TITLE. 

This title may be cited as the ‘‘International Security Assistance Act of 2019’’. 

SEC. 802. SECURITY ASSISTANCE DEFINED. 

In this title, the term ‘‘security assistance’’ means—— 

(1) assistance under chapter 8 (relating to international narcotics control) of 

part I of the Foreign Assistance Act of 1961; 

(2) assistance under chapter 2 (military assistance), chapter 5 (international 

military education and training), chapter 6 (peacekeeping operations), chapter 

8 (antiterrorism assistance), and chapter 9 (nonproliferation and export control 

assistance) of part II of the Foreign Assistance Act of 1961; 

(3) assistance under section 23 of the Arms Export Control Act (relating to 

the Foreign Military Financing program); and 


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(4) sales of defense articles or defense services, extensions of credits (including participations in credits), and guaranties of loans under the Arms Export 

Control Act. 

Subtitle A—Reform Relating to Security 

Assistance 

SEC. 811. ORGANIZATIONAL REFORM. 

(a) WORKING GROUP.—— (1) ESTABLISHMENT.—The Secretary shall establish a Working Group on matters relating to security assistance (in this subtitle referred to as the ‘‘Working 

Group’’). 

(2) MEMBERSHIP.—— (A) IN GENERAL.—The Working Group shall be composed of—— 

(i) the Deputy Secretary of State; and 

(ii) each Under Secretary of State responsible for matters relating to 

security assistance. 

(B) CHAIR.—The Deputy Secretary shall serve as the chair of the Working 

Group. 

(3) MEETINGS.—The Working Group shall meet not later than 90 days after 

the date of the enactment of this Act and on a quarterly basis thereafter. 

(4) DUTIES.—The duties of the Working Group shall include—— 

(A) within the Department and across United States diplomatic posts—— 

(i) providing strategic policy guidance on objectives and priorities for 

security assistance; 

(ii) ensuring strategic integration of budgets and planning for security assistance; and 

(iii) advising the Secretary on all budgets, programs, and activities 

for security assistance; and 

(B) overseeing Department of State coordination with the Secretary of 

Defense, the Administrator of the United States Agency for International 

Development (USAID), and the heads of other relevant Federal departments and agencies on all matters relating to security assistance. 

(b) OFFICE OF SECURITY ASSISTANCE.—— 

(1) IN GENERAL.—Not later than 1 year after the date of the enactment of this 

Act, the Secretary shall designate an existing office or establish a new office to 

be the Office of Security Assistance (in this subtitle referred to as the ‘‘Office’’), 

which shall report to an Under Secretary who is a member of the Working 

Group. 

(2) COORDINATOR.—The head of the Office shall be the Coordinator for Security Assistance (in this subtitle referred to as the ‘‘Coordinator’’), who shall be 

an individual of demonstrated competency in the fields of security assistance 

and international diplomacy. 

(3) DUTIES.—The duties of the Coordinator shall include—— 

(A) within the Department and across United States diplomatic posts—— 

(i) guiding and supporting security assistance; 

(ii) advising the Working Group on all matters relating to security assistance; 

(iii) establishing the framework described in section 813(a); 

(iv) coordinating the assessment, monitoring, and evaluation program 

established under section 813(c); and 

(v) maintaining the common data base described in section 814(a); 

and 

(B) acting as a Department of State point of contact with the Department 

of Defense, the United States Agency for International Development 

(USAID), and other relevant Federal departments and agencies on all matters relating to security assistance. 

(c) COORDINATION WITHIN DEPARTMENT.—— 

(1) DESIGNATION.—Not later than 1 year after the date of the enactment of 

this Act, and subject to paragraph (2), the head of each bureau of the Department that is involved in directing or implementing security assistance shall designate an officer of such bureau to be responsible for coordinating the responsibilities of such bureau with respect to security assistance. 

(2) NON-ELIGIBILITY.—An officer of a bureau of the Department shall not be 

eligible to be designated pursuant to paragraph (1) if the officer is responsible 

for conducting human rights vetting pursuant to 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d). 


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(3) TRAINING.—Each individual designated pursuant to paragraph (1) shall 

successfully complete the training described in section 812. 

(d) COORDINATION WITHIN UNITED STATES DIPLOMATIC POSTS.—— 

(1) DESIGNATION.—Not later than 1 year after the date of the enactment of 

this Act, the chief of mission of the United States in a foreign country that receives security assistance shall designate a senior diplomatic officer at the embassy or highest ranking diplomatic post if no embassy exists in the foreign 

country to be responsible for coordinating security assistance for the foreign 

country. 

(2) DUTIES.—The senior diplomatic officer designated pursuant to paragraph 

(1) shall be responsible for—— 

(A) overseeing personnel and activities of Federal departments and agencies at the relevant embassy or diplomatic post with respect to the provision 

of security assistance for the country; and 

(B) ensuring implementation of section 620M of the Foreign Assistance 

Act of 1961 (22 U.S.C. 2378d) and section 362 of title 10, United States 

Code, with respect to the country. 

(3) TRAINING.—Each individual designated pursuant to paragraph (1) shall 

successfully complete the training described in section 812 

(e) PLAN FOR ORGANIZATIONAL STRUCTURE.—— 

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of 

this Act, the Secretary shall submit to the Committee on Foreign Affairs of the 

House of Representatives and the Committee on Foreign Relations of the Senate 

a plan for the organizational structure of the Department relating to security 

assistance programs. 

(2) MATTERS TO BE INCLUDED.—The plan required under paragraph (1) shall 

include the following: 

(A) An identification of each bureau and office of the Department that 

carries out functions relating to planning, coordination, integration, implementation, or evaluation of security assistance, a description of the organizational hierarchy and decisionmaking processes used to coordinate across 

such bureaus and offices and with United States diplomatic posts and other 

Federal departments and agencies, and a description of how the Working 

Group and the Coordinator will facilitate coordination among each such bureau and office. 

(B) A description of—— 

(i) the reasons for—— 

(I) designating an existing office or establishing a new office to 

serve as the Office; and 

(II) selecting the Under Secretary to which the Office will report; 

(ii) the organizational structure of the Office; 

(iii) the specific mechanisms through which the Working Group and 

Coordinator could improve coordination among bureaus and offices of 

the Department involved in the planning or implementation of security 

assistance programs and activities; and 

(iv) the process by which the requirement for training described in 

section 812 will be fulfilled. 

(C) The benefits, feasibility, and steps necessary to detail personnel—— 

(i) on a reimbursable basis from the relevant bureaus and offices of 

the Department to provide staff to the Office; and 

(ii) from USAID, the Department of Defense, and other relevant Federal departments and agencies to provide staff to the Office. 

(D) An identification of lessons learned from the Security Governance Initiative (SGI), an assessment of the utility of expanding the SGI or a similar 

initiative globally, and a description of where best to locate the SGI or similar initiative within the Department. 

(E) An identification of an appropriate bureau or office of the Department, whose head does not report to the Under Secretary described in subsection (b)(1), to select and retain the independent research entity described 

in section 813(c)(4). 

(F) A list of recommendations for any additional legislative measures necessary to improve the capacity and capabilities of the Department to plan 

and implement security assistance programs and activities. 

(3) FORM.—The plan required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex if necessary. 

(4) CONSULTATION.—Not later than 90 days after the date of the enactment 

of this Act, the Secretary shall consult with the Committee on Foreign Affairs 

of the House of Representatives and the Committee on Foreign Relations of the 


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41 

Senate regarding the development and implementation of the plan required 

under paragraph (1). 

SEC. 812. WORKFORCE DEVELOPMENT. 

Not later than 180 days after the date of the enactment of this Act, the Secretary 

shall carry out the following:—— 

(1) Establish curriculum at the Department’s Foreign Service Institute to provide employees of the Department of State with specialized training with respect to security assistance. The training should be aligned with the Security 

Cooperation Workforce Development Program and developed in coordination 

with the Defense Security Cooperation Agency, including through an agreement 

under section 1535(a) of title 31, United States Code (commonly referred to as 

the ‘‘Economy Act’’) or any other appropriate agency-specific authority. The 

training shall include the following: 

(A) Awareness of the full range of agencies, offices, personnel, statutory 

authorities, funds, and programs involved in security assistance and transfers and the respective decisionmaking timelines. 

(B) Familiarity with relevant military and police security force systems 

and structures and institutions at the time such training is occurring. 

(C) Familiarity with security assistance reform, research regarding options for improvement, and United States interagency and external resources and experts. 

(D) Familiarity with planning, implementation, and monitoring and evaluation for programmatic activities. 

(E) Familiarity with implementation of—— 

(i) section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 

2378d) and section 362 of title 10, United States Code; 

(ii) arms transfer requirements under the Arms Export Control Act 

(22 U.S.C. 2751 et seq.); and 

(iii) best practices related to human rights and civilian protection. 

(F) Awareness of common risks to effectiveness of security assistance, including corruption, political instability, and challenges relating to absorptive capacity, partner commitment, and transparency. 

(2) Coordinate with the Secretary of Defense, to the extent feasible, to ensure 

that, in addition to the training described paragraph (1), individuals who serve 

in priority recipient countries or countries that do not meet baseline norms of 

governance, as determined by the Under Secretary for purposes of subsections 

(d)(1) and (d)(4) of section 813, obtain higher-level certification through the Defense Security Cooperation Agency’s Defense Institute of Security Cooperation 

Studies or through a commensurate program developed at the Department’s 

Foreign Service Institute prior to serving at the United States diplomatic post 

in such country. 

SEC. 813. SECURITY ASSISTANCE PLANNING. 

(a) FRAMEWORK AND STANDARDS FOR SECURITY ASSISTANCE.—Not later than 18 

months after the date of the enactment of this Act, the Coordinator shall create and 

submit to the Committee on Foreign Affairs of the House of Representatives and 

the Committee on Foreign Relations of the Senate a framework to be used by relevant bureaus and diplomatic posts to guide regional and country-specific planning, 

such as joint regional strategies or integrated country strategies, with respect to security assistance. Such framework shall include the following: 

(1) Identification and prioritization of overall goals and objectives for security 

assistance, in accordance with the relevant National Security Strategy. 

(2) Criteria for—— 

(A) determining the commitment and political will of countries receiving 

assistance to use such assistance in a manner that achieves United States 

objectives; 

(B) identifying opportunities and risks created by the provision of security 

assistance; and 

(C) tailoring and sequencing such assistance accordingly. 

(3) Guidance for—— 

(A) incorporating the assessment, monitoring, and evaluation program described in subsection (c) into the strategic planning cycle; 

(B) increasing coordination, as appropriate, with other major international donors to maximize resources and unity of efforts; 

(C) aligning the security assistance programs, projects, and activities of 

the Department with other United States goals of engagement with foreign 

countries, such as the promotion of democracy, human rights, governance, 

and economic growth, as well as with other United States assistance authorities, resources, programmatic capabilities, and activities; and 


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(D) assessing the impact on Department security assistance objectives, 

programs, and activities of United States military activities in the country 

or region covered by country or regional strategy, including the number of 

United States forces deployed, the duration of deployment, the purpose for 

which they were deployed, and the authority under which they are operating. 

(4) Metrics for assessing the effectiveness of security assistance in—— 

(A) increasing the operational access and influence of the United States; 

(B) improving partner capacity and commitment to countering shared 

threats and increased burden sharing, including in ways that enable reallocation of United States military deployments to other high priority missions; 

(C) reducing the underlying drivers of State fragility; and 

(D) contributing to the maintenance of existing peace treaties between recipients of assistance. 

(5) A process to ensure that transfers regulated by the Department that are 

outside the scope of security assistance, such as certain direct commercial sales, 

are factored into—— 

(A) the implementation of the assessment, monitoring, and evaluation 

program described in subsection (c); and 

(B) the planning process described in subsection (d). 

(b) DEFINITIONS PROMULGATED BY THE WORKING GROUP.—Not later than 18 

months after the date of the enactment of this Act, the Working Group shall—— 

(1) in consultation with the Coordinator and bureaus and offices of the Department that are involved in the planning, coordination, integration, implementation, or evaluation of security assistance, develop and promulgate a definition of the level of security assistance programs, projects, or activities that 

mark a country as a recipient of ‘‘significant’’ security assistance to merit inclusion in the assessment, monitoring, and evaluation process described in subsection (c); and 

(2) in consultation with the Coordinator, the Bureau of Democracy , Human 

Rights, and Labor, and the heads of other relevant bureaus of the Department, 

develop and promulgate a definition of baseline norms for governance and the 

rule of law, including a rubric to assess whether a recipient of security assistance is abiding by such baseline. 

(c) ASSESSMENT, MONITORING, AND EVALUATION.—— 

(1) IN GENERAL.—Not later than 18 months after the date of the enactment 

of this Act, the Coordinator shall develop an assessment, monitoring, and evaluation program to be conducted for any country receiving significant security 

assistance, as defined in accordance with subsection (b)(1). 

(2) ELEMENTS.—The program described in paragraph (1) shall include each of 

the following elements: 

(A) Baseline assessments that consider factors, including—— 

(i) recipient country threat perceptions and the manner in which 

such perceptions may inform the use of security assistance; 

(ii) the recipient’s approach to governance and commitment to rule of 

law, including the transparency and accountability of security forces, 

and the manner in which such approach is likely to be influenced by 

security assistance; 

(iii) the recipient’s capacity to absorb the security assistance given 

and to achieve the objectives of such assistance; 

(iv) the human rights record of the recipient, including for purposes 

of section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d) 

and section 362 of title 10, United States Code, and any relevant attempts by such recipient to remedy such record; 

(v) country-or region-specific opportunities and risks that could enhance or impair the outcomes associated with providing security assistance; and 

(vi) indicators of efficacy for security assistance programs, projects, 

and activities, for purposes of planning, monitoring, and evaluation. 

(B) Monitoring implementation of security assistance programs, projects, 

and activities to measure progress toward achieving specific targets, 

metrics, or indicators, as well as desired outcomes. 

(C) Evaluation of the efficiency and effectiveness of security assistance in 

achieving desired outcomes. 

(D) Identification of lessons learned in carrying out security assistance 

and recommendations for improving future assistance. 

(3) OVERSIGHT AND FRAMEWORK.—The Coordinator shall guide and support, 

in coordination with relevant regional and functional bureaus, the assessment 


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43 

and monitoring described in paragraph (1) and shall create a common evaluation framework. 

(4) INDEPENDENT RESEARCH ENTITY.—Not later than 18 months after the date 

of the enactment of this Act, the Secretary shall enter into a contract with an 

independent research entity, such as a federally funded research and development center or other non-profit entity, that demonstrates appropriate expertise 

and analytical capability to evaluate the capacity of security assistance to 

achieve desired outcomes in accordance with the framework created pursuant 

to paragraph (3). 

(5) SENSE OF CONGRESS.—It is the sense of Congress that the ability of the 

Department to measure and assess the effects of United States security assistance programs and activities on governance, rule of law, professionalism of recipient security forces, and institutional capacity weaknesses of recipient security forces would benefit from the increased availability of independent research 

and data. 

(d) SECURITY ASSISTANCE PLANNING.—— 

(1) PRIORITIZATION.—Not later than 2 years after the date of the enactment 

of this Act, and annually thereafter, the Working Group shall develop a list of 

priority recipient countries to receive security assistance, on the basis of policy 

objectives determined by the Department, and submit such information in accordance with subsection (f). 

(2) INCLUSION IN REGIONAL AND COUNTRY STRATEGIES.—Any comprehensive 

regional strategy, such as a joint regional strategy or its equivalent, and any 

country strategy, such as an integrated country strategy or its equivalent, that 

is produced on or after the date that is 2 years after the date of the enactment 

of this Act, and each successor strategy to such strategy, shall integrate security 

assistance planning in a manner that incorporates the elements of the framework created pursuant to subsection (a) and include an annex relating to security assistance, which shall include—— 

(A) the assessment, monitoring, and evaluation metrics described in subsection (c); 

(B) requests to allocate security assistance with respect to the area covered by the strategy; and 

(C) a description of the manner in which such resources will be used. 

(3) COORDINATION OF RESOURCES.—In developing annexes relating to security 

assistance for inclusion in comprehensive regional strategies or country strategies in accordance with paragraph (2), the relevant bureau, office, or diplomatic 

post shall coordinate with—— 

(A) the Office; 

(B) the Office of Foreign Assistance Resources, or an equivalent entity in 

the Department, regarding the allocation of resources in line with priorities 

of the Department of State for security assistance; and 

(C) the Department of Defense and other Federal departments and agencies that provide security assistance, security cooperation, or other forms of 

foreign assistance. 

(4) SECURITY ASSISTANCE, GOVERNANCE, AND RULE OF LAW.—Not later than 2 

years after the date of the enactment of this Act, any annex relating to security 

assistance described in paragraph (2) that is included in a country strategy 

shall include an assessment by the Under Secretary responsible for civilian security, democracy, and human rights whether such country abides by baseline 

norms for governance and the rule of law using the rubric promulgated in accordance with subsection (b)(2). A security assistance annex developed in accordance with paragraph (2) for a country receiving a negative determination 

shall also include the following: 

(A) Reforms the recipient could undertake, where practicable, to improve 

governance and rule of law in order to create more effective security. 

(B) Conditions, which may also be included in the compacts described in 

subsection (e), under which the United States might—— 

(i) expand or increase security assistance upon verifiable progress 

made toward such reforms; and 

(ii) restrict or end security assistance as a result of lack of progress 

toward such reforms or further deterioration of norms for governance 

or the rule of law. 

(C) An assessment of the benefits and likelihood of reaching agreement 

with the recipient country to devote 1 percent of the total value of all security assistance to such country for training in-country civilian professionals 

on methods to evaluate the fiscal and functional effectiveness of the security institutions in such country. 


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(D) The manner in which security assistance will be used to improve governance, rule of law, and human rights reforms in such country. 

(E) Steps to ensure consultation with the national legislature and with 

civil society groups that operate in such country on the provision of security 

assistance, including for the formulation of a compact in accordance with 

subsection (e)(2). 

(e) SECURITY ASSISTANCE COMPACTS.—— 

(1) IN GENERAL.—Not later than 2 years after the date of the enactment of 

this Act, the Secretary shall seek to enter into multi-year compacts where appropriate with the governments of countries that receive security assistance. 

Such compacts should include the following elements: 

(A) A joint diagnosis of the strengths and challenges of the recipient 

country’s security institutions, including priority capacity and capability requirements. 

(B) A plan for bilateral security assistance and cooperation that includes—— 

(i) a commitment by the recipient specifying the manner in which security assistance will be used, within a defined timeframe; 

(ii) plans for sustainment by the recipient of any capacity or capabilities built as a result of such assistance; and 

(iii) mutually agreed oversight mechanisms for security assistance 

and metrics, to determine whether such assistance is accomplishing the 

agreed-upon objectives. 

(2) SPECIAL PROVISIONS.—If the Under Secretary described in subsection (d)(3) 

assesses that a country is not abiding by baseline norms for governance or the 

rule of law, a compact under this subsection with such country should, where 

practicable, be formulated in consultation with the national legislature and domestic civil society groups and include mutually agreed upon reforms and conditions based on those established as a result of such determination in accordance 

with subsection (d)(4). 

(f) REPORTING REQUIREMENTS.—Beginning 3 years after the date of the enactment 

of this Act and annually thereafter, the Secretary shall include with any materials 

submitted in support of the budget for that Fiscal Year that is submitted to Congress by the President under section 1105(a) of title 31 an unclassified report, that 

may include a classified annex, with the following: 

(1) A list of priority security assistance recipients, along with descriptions of 

the policy objectives that the Secretary seeks to achieve by providing such assistance to such recipients, developed pursuant to subsection (d)(1). 

(2) A description of the results of the evaluations conducted pursuant to subsection (c)(4). 

(3) A description of the manner in which the Department will allocate, monitor, and evaluate all security assistance pursuant to the program described in 

subsection (c) and the planning process described in subsection (d). 

(4) A description of any updates made during the previous year to the framework described in subsection (d)(1) and annex relating to security assistance required under subsection (d)(2). 

(5) The status and impact on United States objectives of any compacts entered into in accordance with subsection (e) and of any ongoing efforts to enter 

into new compacts in accordance with such subsection. 

SEC. 814. INTERAGENCY COORDINATION OF SECURITY ASSISTANCE, TRANSFERS, AND SECURITY COOPERATION. 

(a) CREATION OF A COMMON DATA BASE.—Not later than 2 years after the date 

of the enactment of this Act, the Secretary, in coordination with the Secretary of 

Defense and other appropriate Federal departments and agencies, shall maintain a 

common data base of information to permit the identification of security assistance 

programs, funding, and transfers by recipient country. 

(b) COORDINATION WITH THE DEPARTMENT OF DEFENSE.—— 

(1) IN GENERAL.—Not later than 1 year after the date of the enactment of this 

Act, the Secretary, in coordination with the Secretary of Defense, shall submit 

a report to the appropriate congressional committees that assesses existing 

mechanisms, including provisions under title 10, United States Code, that require the concurrence of the Secretary of State, and other applicable provisions 

of law that provide for coordination between security assistance programs, 

projects, and activities of the Department of State and security cooperation programs, projects, and activities of the Department of Defense that includes the 

following: 

(A) An identification of existing coordination mechanisms for planning, 

executing, and overseeing security assistance and security cooperation proVerDate Sep 11 2014 01:20 Jul 31, 2019 Jkt 089006 PO 00000 Frm 00044 Fmt 6659 Sfmt 6621 E:\HR\OC\HR181.XXX HR181

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grams, projects, and activities, the purpose of such mechanisms, and their 

efficacy in practice. 

(B) An identification of additional measures that would improve the 

speed, simplicity, or agility of each identified mechanism, with a focus on 

mechanisms requiring the concurrence of the Secretary. 

(C) An identification of any programs, authorities, or resources that do 

not require coordination under existing law. 

(D) An identification of the specific mechanisms to improve coordination 

between Department of State bureaus and offices involved in planning, executing, or overseeing security assistance programs and activities and the 

United States combatant command or commands relevant to such bureaus 

and offices. 

(E) An assessment of the advisability and feasibility of expanding existing 

mechanisms or establishing new mechanisms to detail employees from Department of State bureaus and offices involved in planning, executing, or 

overseeing security assistance programs and activities to United States 

combatant commands and from the Department of Defense to such Department of State bureaus and offices for the purpose of improving coordination 

on security assistance planning and implementation. 

(2) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this subsection, 

the term ‘‘appropriate congressional committees’’ means—— 

(A) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and 

(B) the Committee on Foreign Relations and the Committee on Armed 

Services of the Senate. 

(c) SENSE OF CONGRESS.—It is the sense of Congress that the Secretary of State 

and the Secretary of Defense should jointly establish a pilot program to evaluate 

the advisability and feasibility of a joint entity to conduct collaborative planning of 

security assistance and security cooperation. The pilot program should—— 

(1) establish one or more joint planning cells to conduct collaborative planning 

between the Department of State and the Department of Defense for security 

assistance and security cooperation programs, projects, and activities in a specific region or regions; 

(2) assign personnel from relevant offices and agencies within each Department to staff the joint planning cell or cells; and 

(3) assess the advantages and disadvantages of collaborative interagency 

planning of security assistance, and determine whether there are organizational, legal, policy, or resource barriers to broader adoption of such a model. 

SEC. 815. RULE OF CONSTRUCTION. 

Nothing in this subtitle shall affect the implementation of subsection (h) of section 

36 of the Arms Export Control Act (22 U.S.C. 2776). 

Subtitle B—Foreign Military Assistance 

SEC. 821. STRATEGIC ALLOCATION OF EXCESS DEFENSE ARTICLES. 

(a) IN GENERAL.—Section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 

2321j), is amended—— 

(1) in subsection (b)—— 

(A) by striking ‘‘(1) The President’’ and inserting ‘‘The President’’; 

(B) by redesignating subparagraphs (A) through (F) as paragraphs (1) 

through (6), respectively, and moving the margins of each such paragraph 

two ems to the left; 

(C) in paragraph (2), as redesignated, by inserting ‘‘except as provided in 

subsection (c)(3),’’ before ‘‘funds available’’; and 

(D) by striking ‘‘(2) Accordingly,’’ and all that follows through ‘‘1990.’’ ; 

(2) in subsection (c)—— 

(A) by striking paragraph (2) and inserting the following: 

‘‘(2) PRIORITY.—Notwithstanding any other provision of law, excess defense 

articles under this section shall be transferred in accordance with United States 

foreign policy, including national security priorities as jointly determined by the 

Secretary of State, in consultation with the Secretary of Defense, to the maximum extent feasible.’’; and 

(B) by adding at the end the following: 

‘‘(3) SUPPORTING COSTS.—Funds available to the Department of State for security assistance may be expended for the refurbishment or upgrade of excess defense articles transferred under the authority of this section and for training of 


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foreign security forces directly in relation to excess defense articles transferred 

under the authority of this section, if—— 

‘‘(A) such assistance is necessary to advance the national security objectives of the United States in relation to the recipient country or countries; 

and 

‘‘(B) such costs do not exceed $10 million in relation to a single transfer 

of excess defense articles under this section.’’; 

(3) in subsection (f)(1), by striking ‘‘$7,000,000’’ and inserting ‘‘$25,000,000’’; 

and 

(4) in subsection (g)(1), by striking ‘‘$500,000,000’’ and inserting 

‘‘$600,000,000’’. 

SEC. 822. MODIFICATION OF PURPOSES FOR WHICH MILITARY SALES BY THE UNITED STATES 

ARE AUTHORIZED. 

Section 4 of the Arms Export Control Act (22 U.S.C. 2754) is amended in the first 

sentence by striking ‘‘internal security’’ and inserting ‘‘legitimate internal security 

(including for anti-terrorism purposes)’’. 

SEC. 823. RETURN OF DEFENSE ARTICLES. 

Section 21(m)(1)(B) of the Arms Export Control Act (22 U.S.C. 2761(m)(1)(B)) is 

amended—— 

(1) by striking ‘‘(B) is not’’ and inserting ‘‘(B)(i) is not’’; 

(2) by striking ‘‘; and’’ and inserting ‘‘; or’’; and 

(3) by adding at the end the following: 

‘‘(ii) is significant military equipment (as defined in section 47(9) of this 

Act) and the Secretary of State has provided prior approval of the return 

of such defense article from the foreign country or international organization; and’’. 

SEC. 824. REQUIREMENTS RELATING TO EXEMPTIONS FOR LICENSING OF DEFENSE ITEMS. 

Section 38(j) of the Arms Export Control Act (22 U.S.C. 2778(j)) is amended—— 

(1) in the subsection heading—— 

(A) by striking ‘‘COUNTRY’’; and 

(B) by striking ‘‘TO FOREIGN COUNTRIES’’; 

(2) in paragraph (1)(A)—— 

(A) in the matter preceding clause (i)—— 

(i) by striking ‘‘a foreign country’’ and inserting ‘‘the North Atlantic 

Treaty Organization, any member country of that Organization, the Republic of Korea, Australia, New Zealand, Japan, or Israel’’; 

(ii) by inserting ‘‘(except that the President may not so exempt such 

Organization, member country, or other country that is not eligible to 

acquire defense items under any other provision of law)’’ after ‘‘with respect to exports of defense items’’; and 

(iii) by striking ‘‘the foreign country’’ and inserting ‘‘such Organization, member country, or other country’’; and 

(B) in clause (ii)—— 

(i) by striking ‘‘the foreign country’’ and inserting ‘‘such Organization, 

member country, or other country’’; and 

(ii) by striking ‘‘under their domestic laws’’; 

(3) in paragraph (2)—— 

(A) in subparagraph (A)—— 

(i) in the matter preceding clause (i)—— 

(I) by striking ‘‘, at a minimum,’’; 

(II) by striking ‘‘the foreign country’’ and inserting ‘‘the Organization, member country, or other country referred to in paragraph 

(1)’’; and 

(III) by striking ‘‘to revise its policies and practices, and promulgate or enact necessary modifications to its laws and regulations to 

establish’’ and inserting ‘‘to establish and maintain’’; 

(ii) in clause (i), by striking ‘‘the foreign country’’ and inserting ‘‘such 

Organization, member country, or other country’’; and 

(iii) in clause (ii), by striking ‘‘retransfer control commitments, including securing’’ and inserting ‘‘retransfer controls that secure’’; 

(B) in subparagraph (B)—— 

(i) in the matter preceding clause (i)—— 

(I) by striking ‘‘, at a minimum,’’; 

(II) by striking ‘‘the foreign country’’ and inserting ‘‘the Organization, member country, or other country referred to in paragraph 

(1)’’; and 


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(III) by striking ‘‘to revise its policies and practices, and promulgate or enact necessary modifications to its laws and regulations’’; 

and 

(ii) in clause (iv), by striking ‘‘the foreign country’’ and inserting ‘‘the 

member country or other country’’; and 

(4) in paragraph (3)—— 

(A) in the matter preceding subparagraph (A), by striking ‘‘a foreign country’’ and inserting ‘‘the Organization, member country, or other country referred to in paragraph (1)’’; 

(B) in subparagraph (A), by striking ‘‘that foreign country’’ and inserting 

‘‘such Organization, member country, or other country’’; 

(C) in subparagraph (B)—— 

(i) by striking ‘‘the foreign country’’ and inserting ‘‘such Organization, 

member country, or other country’’; and 

(ii) by striking ‘‘has promulgated or enacted all necessary modifications to its laws and regulations to comply’’ and inserting ‘‘has taken 

such actions to comply’’; and 

(D) in subparagraph (C)—— 

(i) by striking ‘‘a foreign country’’ and inserting ‘‘such Organization, 

member country, or other country’’; and 

(ii) by striking ‘‘that country’’ and inserting ‘‘such Organization, 

member country, or other country’’. 

SEC. 825. AMENDMENT TO GENERAL PROVISIONS. 

Section 42(a) of the Arms Export Control Act (22 U.S.C. 2791(a)) is amended in 

the first sentence by inserting ‘‘on a competitive basis’’ after ‘‘procurement in the 

United States’’. 

SEC. 826. TECHNICAL AMENDMENTS TO ARMS EXPORT CONTROL ACT. 

Section 36(b)(6) of the Arms Export Control Act (22 U.S.C. 2776(b)(6)) is amended 

by inserting ‘‘the North Atlantic Treaty Organization or’’ before ‘‘a member country’’. 

SEC. 827. SENSE OF CONGRESS ON LICENSING UNDER UNITED STATES ARMS EXPORT CONTROL PROGRAMS. 

It is the sense of Congress that, in implementing reforms of United States arms 

export licensing regimes, the President should prioritize the development of a new 

framework to improve and streamline licensing, including by seeking to revise the 

Special Comprehensive Export Authorizations for exports to the North Atlantic 

Treaty Organization, any member country of that Organization, Sweden, or any 

other country described in section 36(c)(2)(A) of the Arms Export Control Act (22 

U.S.C. 2776(c)(2)(A)) under section 126.14 of title 15, Code of Federal Regulations 

(relating to the International Traffic in Arms Regulations). 

SEC. 828. EXTENSION OF WAR RESERVE STOCKPILE AUTHORITY. 

(a) DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2005.—Section 12001(d) of the 

Department of Defense Appropriations Act, 2005 (Public Law 108–287; 118 Stat. 

1011) is amended by striking ‘‘2020’’ and inserting ‘‘2021’’. 

(b) STOCKPILING OF DEFENSE ARTICLES FOR FOREIGN COUNTRIES.—Section 

514(b)(2)(A) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is 

amended by striking ‘‘and 2020’’ and inserting ‘‘2020, and 2021’’. 

SEC. 829. PEACEKEEPING OPERATIONS AND OTHER NATIONAL SECURITY PROGRAMS. 

(a) AUTHORITY.—— 

(1) IN GENERAL.—Section 551 of the Foreign Assistance Act of 1961 (22 U.S.C. 

2348) is amended—— 

(A) in the first sentence, by striking ‘‘The President’’ and inserting ‘‘(a) 

The President’’; and 

(B) by adding at the end the following: 

‘‘(b) Funds authorized to be appropriated under this chapter may also be used to 

provide assistance to enhance the capacity of foreign civilian security forces (as such 

term is defined in section 841(c) of the International Security Assistance Act of 

2019) to participate in peacekeeping and counterterrorism operations, and to promote greater participation of women in such peacekeeping operations. 

‘‘(c) Funds authorized to be appropriated under this chapter to provide assistance 

to friendly foreign countries for purposes other than support for multilateral peacekeeping operations shall be subject to the certification requirements of section 36 

of the Arms Export Control Act (22 U.S.C. 2776).’’. 

(2) DISARMAMENT AND REINTEGRATION.—— 

(A) IN GENERAL.—Notwithstanding any other provision of law, funds authorized to be appropriated under any provision of law for peacekeeping operations may be made available to support programs to disarm, demobilize, 


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and reintegrate into civilian society former members of foreign terrorist organizations, and to promote greater participation of women in such programs. 

(B) CONSULTATION.—The Secretary shall consult with the Committee on 

Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate prior to obligating funds described in subparagraph (A). 

(C) DEFINITION.—In this paragraph, the term ‘‘foreign terrorist organization’’ means an organization designated as a terrorist organization under 

section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)). 

(b) NOTIFICATION.—The Secretary shall notify the Committee on Foreign Affairs 

of the House of Representatives and the Committee on Foreign Relations of the Senate at least 15 days prior to obligating funds under any provision of law for peacekeeping operations. 

(c) CONFORMING AMENDMENT.—The heading for chapter 6 of part II of the Foreign 

Assistance Act of 1961 (22 U.S.C. 2348 et seq.) is amended by adding at the end 

the following: ‘‘AND OTHER NATIONAL SECURITY PROGRAMS’’. 

SEC. 830. OTHER AMENDMENTS TO MILITARY ASSISTANCE AUTHORITIES. 

The Foreign Assistance Act of 1961 is amended as follows: 

(1) In section 516 (22 U.S.C. 2321j)—— 

(A) in subsection (a), by striking ‘‘countries’’ and inserting ‘‘countries, regional organizations, and international organizations’’; 

(B) in subsection (b)(5), as redesignated by section 821(a)(1)(B), by striking ‘‘countries’’ and inserting ‘‘countries, regional organizations, and international organizations’’; 

(C) in subsection (c)(1), by striking ‘‘recipient country’’ and inserting ‘‘recipient country or organization’’; 

(D) in subsection (f)(2)—— 

(i) in subparagraph (A), by striking ‘‘country’’ each place it appears 

and inserting ‘‘country or organization’’; and 

(ii) in subparagraph (C), by striking ‘‘countries’’ and inserting ‘‘countries or organizations’’; and 

(E) in subsection (h), by striking ‘‘country’’ and inserting ‘‘country and organization’’. 

(2) In section 620M (22 U.S.C. 2378d)—— 

(A) in subsection (d)(7), by striking ‘‘to the maximum extent practicable’’ 

and inserting ‘‘unless such disclosure would endanger the safety of human 

sources or reveal sensitive intelligence sources and methods’’; and 

(B) by adding at the end the following: 

‘‘(e) REPORT.—— ‘‘(1) IN GENERAL.—Not later than January 31 of each year, the Secretary of 

State shall submit to 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, a report on the 

vetting process of units of security forces of foreign countries established to comply with this section. 

‘‘(2) MATTERS TO BE INCLUDED.—The report required under paragraph (1) 

shall include the following: 

‘‘(A) The total number of units submitted for vetting during the prior calendar year, and the number of such units that were approved, suspended, 

or rejected for human rights reasons. 

‘‘(B) The name of such units rejected during the prior calendar year and 

a description of the steps taken to assist the government of the foreign 

country in bringing the responsible members of such units to justice, in accordance with subsection (c). 

‘‘(C) An updated list of the units with respect to which no assistance is 

to be furnished pursuant to subsection (a).’’. 

(3) In section 622(c) (22 U.S.C. 2382(c)), by inserting ‘‘law enforcement and 

justice sector assistance,’’ before ‘‘military assistance,’’. 

(4) In section 656(a)(1) (22 U.S.C. 2416(a)(1)), by striking ‘‘January 31’’ and 

inserting ‘‘March 1’’. 

SEC. 831. REPEAL OF REPORTS. 

(a) REPEAL OF ANNUAL REPORT ON WORLD MILITARY EXPENDITURES AND ARMS

TRANSFERS.—Section 404 of the Arms Control and Disarmament Act (22 U.S.C. 

2593b) is hereby repealed. 

(b) REPEAL OF ANNUAL REPORT RELATING TO THE COMMISSION ON SECURITY AND

COOPERATION IN EUROPE.—Section 5 of Public Law 94–304 (22 U.S.C. 3005) is hereby repealed. 


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(c) REPEAL OF REPORT ON ASSISTANCE RELATING TO INTERNATIONAL TERRORISM.— Section 502 of the International Security and Development Cooperation Act of 1985 

(22 U.S.C. 2349aa–7) is amended—— 

(1) by striking subsection (b); and 

(2) by redesignating subsection (c) as subsection (b). 

SEC. 832. DEFENSE TRADE CONTROLS REGISTRATION FEES. 

Section 45 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2717) 

is amended—— 

(1) in the first sentence—— 

(A) by inserting ‘‘defense trade controls’’ after ‘‘100 percent of the’’; and 

(B) by striking ‘‘the Office of Defense Trade Controls of’’; and 

(2) in the second sentence—— 

(A) in the matter preceding paragraph (1), by inserting ‘‘management, licensing, compliance, and policy activities in the defense trade controls function, including’’ after ‘‘incurred for’’; 

(B) in paragraph (1), by striking ‘‘contract personnel to assist in’’; 

(C) in paragraph (2), by striking ‘‘and’’ at the end; 

(D) in paragraph (3), by striking the period at the end and inserting a 

semicolon; and 

(E) by adding at the end the following: 

‘‘(4) the facilitation of defense trade policy development and implementation, 

review of commodity jurisdiction determinations, public outreach to industry 

and foreign parties, and analysis of scientific and technological developments as 

they relate to the exercise of defense trade control authorities; and 

‘‘(5) contract personnel to assist in such activities.’’. 

SEC. 833. WITHHOLDING OF ASSISTANCE TO UNITS OF FOREIGN SECURITY FORCES THAT ENGAGED IN SEXUAL EXPLOITATION OR ABUSE IN PEACEKEEPING OPERATIONS. 

The Foreign Assistance Act of 1961 is amended by inserting after section 554 the 

following: 

‘‘SEC. 555. WITHHOLDING OF ASSISTANCE TO UNITS OF FOREIGN SECURITY FORCES THAT 

ENGAGED IN SEXUAL EXPLOITATION OR ABUSE IN PEACEKEEPING OPERATIONS. 

‘‘(a) IN GENERAL.—The Secretary of State should withhold assistance to any unit 

of the security forces of a foreign country if the Secretary has credible information 

that such unit has engaged in sexual exploitation or abuse, including while serving 

in a United Nations peacekeeping operation, until the Secretary determines that the 

government of such country is taking effective steps to hold the responsible members of such unit accountable and to prevent future incidents. 

‘‘(b) NOTICE.—The Secretary of State—— 

‘‘(1) shall promptly notify the government of each country subject to any withholding of assistance pursuant to this section; and 

‘‘(2) shall notify the appropriate congressional committees of such withholding 

not later than 10 days after a determination to withhold such assistance is 

made. 

‘‘(c) ASSISTANCE.—The Secretary of State shall, to the maximum extent practicable, assist the government of each country subject to any withholding of assistance pursuant to this section in bringing the responsible members of such unit of 

the security forces of the country to justice. 

‘‘(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this section, the 

term ‘appropriate congressional committees’ means—— 

‘‘(1) the Committee on Foreign Affairs and the Committee on Appropriations 

of the House of Representatives; and 

‘‘(2) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.’’. 

SEC. 834. MODIFICATION TO LIMITATIONS ON ASSISTANCE RELATING TO HUMAN RIGHTS. 

(a) MODIFICATION TO THE LIMITATION ON ASSISTANCE TO SECURITY FORCES.—Subsection (a) of section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d) 

is amended—— 

(1) by inserting ‘‘, including any combined security activities or operations 

with any such unit,’’ after ‘‘of a foreign country’’; and 

(2) by inserting ‘‘, including any act that constitutes a war crime, as such 

term is defined in section 2441 of title 18, United States Code’’ after ‘‘gross violation of human rights’’. 

(b) MODIFICATION TO LIMITATION ON SECURITY ASSISTANCE.—Subsection (d)(1) of 

section 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2304) is amended by 

inserting ‘‘any act that constitutes a war crime, as such term is defined in section 

2441 of title 18, United States Code,’’ after ‘‘the abduction and clandestine detention 

of those persons,’’. 


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Subtitle C—Studies on Authorities and Programs 

SEC. 841. REQUIREMENT FOR STUDY BY BUREAU OF INTERNATIONAL NARCOTICS AND LAW 

ENFORCEMENT AFFAIRS. 

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, 

the Assistant Secretary for the Bureau of International Narcotics and Law Enforcement, in consultation with the heads of other relevant bureaus of the Department, 

shall submit to the Committee on Foreign Affairs of the House of Representatives 

and the Committee on Foreign Relations of the Senate a report detailing all existing 

programs, and their statutory authorities, that provide training, advice, equipment, 

and other support to eligible foreign civilian security forces and institutions. 

(b) MATTERS TO BE INCLUDED.—Such a report shall assess the following: 

(1) The benefits and costs of consolidating the number of such programs and 

expanding the scope of such programs, as appropriate. 

(2) The prospects for improving coordination among such programs. 

(3) The impact of repealing section 660 of the Foreign Assistance Act of 1961 

(22 U.S.C. 2420), including—— 

(A) the potential opportunities such repeal would create for expanding existing programs or establishing new programs to improve the capacity, capabilities, and professionalism of such civilian security forces and institutions, including with respect to pay and promotions, benefits, leadership, 

and administration; and 

(B) the required elements necessary to ensure that any such program 

would enhance rule of law and safeguard human rights. 

(c) CIVILIAN SECURITY FORCES.—In this section, the term ‘‘civilian security forces’’ 

includes non-military security forces at the national, State, district, or local level 

that are responsible for internal security, do not report to a defense ministry or 

similar or related defense or military entity of a foreign government, and are assigned responsibility for one or more of the following: 

(1) Law enforcement. 

(2) Border security. 

(3) Maritime and port security. 

(4) Customs law enforcement. 

(5) Sanctions monitoring and enforcement. 

(6) Counterterrorism. 

(7) Counter-narcotics. 

(8) Counterproliferation. 

(9) Counter-transnational organized crime. 

(10) Improving the administration of justice. 

(11) Promoting respect for human rights. 

(12) Promoting the rule of law. 

SEC. 842. REQUIREMENT FOR INDEPENDENT STUDY OF EXISTING SECURITY ASSISTANCE AUTHORITIES. 

(a) IN GENERAL.—Not later than 60 days after the date of the enactment of this 

Act, the Secretary shall enter into a contract with a federally funded research and 

development center with appropriate expertise and analytical capability to carry out 

the study described in subsection (b). 

(b) STUDY.—The study required by subsection (a) shall provide for a comprehensive examination of—— 

(1) the history and evolution of existing security assistance authorities and 

the original intent of such authorities; 

(2) areas in which—— 

(A) such authorities have deviated from such original intent and explanations why; and 

(B) such authorities overlap or compete with one another; and 

(3) recommendations for consolidating, replacing, or otherwise adapting such 

authorities, as well as for establishing new ones, to include recommendations 

for differentiating authorities based on the capacity and capabilities they build 

as opposed to by issue or purpose. 

(c) REPORT.—— 

(1) TO THE SECRETARY.—Not later than 1 year after the date on which , the 

Secretary enters into a contract pursuant to subsection (a), the independent research entity that has entered into a contract with the Secretary shall submit 

to the Secretary a report containing—— 

(A) the results of the study required by subsection (a); and 

(B) such recommendations to improve the effectiveness of existing security assistance authorities as the entity considers to be appropriate. 


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(2) TO CONGRESS.—Not later than 30 days after receipt of the report under 

paragraph (1), the Secretary shall submit such report, together with any additional views or recommendations of the Secretary, to the Committee on Foreign 

Affairs of the House of Representatives and the Committee on Foreign Relations 

of the Senate. 

TITLE IX—MISCELLANEOUS 

SEC. 901. CASE-ZABLOCKI ACT REFORM. 

Section 112b of title 1, United States Code, is amended—— 

(1) in subsection (a), by striking ‘‘Committee on International Relations’’ and 

inserting ‘‘Committee on Foreign Affairs’’; and 

(2) by amending subsection (b) to read as follows: 

‘‘(b) Each department or agency of the U.S. Government that enters into any 

international agreement described in subsection (a) on behalf of the United States, 

shall designate a Chief International Agreements Officer, who—— 

‘‘(1) shall be a current employee of such department or agency; 

‘‘(2) shall serve concurrently as Chief International Agreements Officer; and 

‘‘(3) subject to the authority of the head of such department or agency, shall 

have department or agency-wide responsibility for efficient and appropriate 

compliance with subsection (a) to transmit the text of any international agreement to the Department of State not later than 20 days after such agreement 

has been signed.’’. 

SEC. 902. LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT. 

Section 620(q) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(q)) is amended—— 

(1) by striking ‘‘No assistance’’ and inserting the following: 

‘‘(1) No assistance’’; 

(2) by inserting ‘‘the government of’’ before ‘‘any country’’; 

(3) by inserting ‘‘the government of’’ before ‘‘such country’’ each place it appears; 

(4) by striking ‘‘determines’’ and all that follows and inserting ‘‘determines, 

after consultation with the Committee on Foreign Affairs and the Committee on 

Appropriations of the House of Representatives and the Committee on Foreign 

Relations and the Committee on Appropriations of the Senate, that assistance 

for such country is in the national interest of the United States.’’; and 

(5) by adding at the end the following: 

‘‘(2) No assistance shall be furnished under this Act, the Peace Corps Act, the 

Millennium Challenge Act of 2003, the African Development Foundation Act, 

the BUILD Act of 2018, section 504 of the FREEDOM Support Act, or section 

23 of the Arms Export Control Act to the government of any country which is 

in default during a period in excess of 1 calendar year in payment to the United 

States of principal or interest or any loan made to the government of such country by the United States pursuant to a program for which funds are appropriated under such Act unless the President determines, following consultation 

with the congressional committees specified in paragraph (1), that assistance for 

such country is in the national interest of the United States.’’. 

SEC. 903. PROHIBITION ON ASSISTANCE TO GOVERNMENTS SUPPORTING INTERNATIONAL 

TERRORISM. 

(a) PROHIBITION.—Subsection (a) of section 620A of the Foreign Assistance Act of 

1961 (22 U.S.C. 2371) is amended by striking ‘‘that the government of that country’’ 

and all that follows and inserting ‘‘that the government of that country—— 

‘‘(1) has repeatedly provided support for acts of international terrorism; 

‘‘(2) grants sanctuary from prosecution to any individual or group which has 

committed an act of international terrorism; 

‘‘(3) otherwise supports international terrorism; or 

‘‘(4) is controlled by an organization designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).’’. 

(b) RESCISSION.—Subsection (c) of such section is amended by striking ‘‘and the 

Chairman of the Committee on Foreign Relations of the Senate’’ and inserting ‘‘, the 

Committee on Foreign Affairs of the House of Representatives, the Committee on 

Foreign Relations of the Senate, and the Committees on Appropriations of the 

House of Representatives and the Senate’’. 

(c) WAIVER.—Subsection (d)(2) of such section is amended by striking ‘‘and the 

chairman of the Committee on Foreign Relations of the Senate’’ and inserting ‘‘, the 

Committee on Foreign Affairs of the House of Representatives, the Committee on 


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Foreign Relations of the Senate, and the Committees on Appropriations of the 

House of Representatives and the Senate’’. 

(d) PROHIBITION ON LETHAL MILITARY EQUIPMENT EXPORTS.—Such section, as so 

amended, is further amended by adding at the end the following: 

‘‘(e) PROHIBITION ON LETHAL MILITARY EQUIPMENT EXPORTS.—— ‘‘(1) PROHIBITION.—— ‘‘(A) IN GENERAL.—The United States shall not provide any assistance 

under this Act or section 23 of the Arms Export Control Act to any foreign 

government that provides lethal military equipment to a country the government of which the Secretary of State has determined supports international terrorism for purposes of section 1754(c) of the Export Control Reform Act of 2018. 

‘‘(B) TERMINATION.—The prohibition on assistance under subparagraph 

(A) with respect to a foreign government shall terminate 12 months after 

such government ceases to provide the lethal military equipment described 

in such subparagraph. 

‘‘(C) APPLICABILITY.—This subsection applies with respect to lethal military equipment provided under a contract entered into after October 1, 

1997. 

‘‘(2) WAIVER.—The President may waive the prohibition on assistance under 

paragraph (1) with respect to a foreign government if the President determines 

that to do so is important to the national interest of the United States. 

‘‘(3) REPORT.—Upon the exercise of the waiver authority pursuant to paragraph (2), the President shall submit to the appropriate congressional committees a report with respect to the furnishing of assistance under the waiver authority, including—— 

‘‘(A) a detailed explanation of the assistance to be provided; 

‘‘(B) the estimated dollar amount of such assistance; and 

‘‘(C) an explanation of how the assistance furthers the national interest 

of the United States. 

‘‘(4) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this subsection, 

the term ‘appropriate congressional committees’ means—— 

‘‘(A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and 

‘‘(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.’’. 

SEC. 904. ESTABLISHING A COORDINATOR FOR ISIS DETAINEE ISSUES. 

(a) IN GENERAL.—Not later than 90 days after the date of the enactment of this 

Act, the President, acting through the Secretary, may designate an existing official 

within the Department to serve as senior-level coordinator to coordinate, in conjunction with other relevant Federal departments and agencies, all matters for the U.S. 

Government relating to the long-term disposition of ISIS detainees, including all 

matters in connection with—— 

(1) repatriation, transfer, prosecution, and intelligence-gathering; 

(2) coordinating a whole-of-government approach with other countries and 

international organizations, including INTERPOL, to ensure secure chains of 

custody and locations of ISIS detainees; 

(3) coordinating the provision of technical and evidentiary assistance to foreign countries to aid in the successful prosecution of ISIS detainees; and 

(4) all multilateral and international engagements led by the Department and 

other relevant Federal departments and agencies that are related to the current 

and future handling, detention, or prosecution of ISIS detainees. 

(b) RETENTION OF EXISTING AUTHORITY.—The appointment of a senior-level coordinator pursuant to subsection (a) shall not deprive any Federal department or 

agency of any existing authority to independently perform the functions of that 

agency relating to ISIS detainees. 

(c) ISIS DETAINEE DEFINED.—In this section, the term ‘‘ISIS detainee’’ means a 

captured individual—— 

(1) who allegedly fought for or supported the Islamic State of Iraq and Syria; 

and 

(2) who is a national of a country other than Iraq or Syria. 

SEC. 905. 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)—— 


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(i) by inserting ‘‘, respectively,’’ after ‘‘access cases’’; and 

(ii) by inserting ‘‘and the number of children involved’’ before the 

semicolon at the end; 

(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. 906. 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 Affairs 

of the House of Representatives and the Committee on Foreign Relations of the 

Senate’’ 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 Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate 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. 

PURPOSE AND SUMMARY 

The State Department Authorization Act of 2019 (H.R. 3352) contains various provisions to strengthen the management and operations of the Department of State, including to recruit and retain 

a diverse work force, bolster embassy and information security, and 

improve the Department’s capacity to carry out public diplomacy, 

anti-corruption activities, and security assistance, among other provisions. The bill authorizes activities and positions in a number of 

key Department bureaus and offices, and authorizes funding for 

Embassy Security, Construction, and Maintenance account. Among 

other things, this bill also streamlines and improves the Department’s management structure, providing cost saving measures in 

embassy construction while maintaining security and eliminating 

duplicative programs and outdated reports. Additionally, it ensures 

the efficiency of various programs by mandating rigorous planning 

processes and evaluation metrics. 

BACKGROUND AND NEED FOR LEGISLATION 

As part of the annual budget cycle, the House Committee on Foreign Affairs is responsible for providing legislative authority and 

funding for agency operations. However, it has been 17 years since 


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54 

a State Department authorization was signed into law—the Foreign Relations Authorization Act for Fiscal Year 2003 (H.R. 1646 

in the 107th Congress) became Public Law 107–228 in September 

2002. Subsequently, the last State Department authorization bill to 

be adopted by the House Foreign Affairs Committee was in September 2013. 

Diplomacy and development are critical tools for advancing 

American foreign policy and national security. H.R. 3352 puts the 

Committee back on the right track to strengthen and support the 

important work that America’s diplomats carry out every day on 

behalf of the United States. This bipartisan bill represents an important step in making State Department reauthorization a regular 

part of Committee business again, thereby reasserting the Constitutional authority to provide direction to the Department of 

State and to ensure its employees have the tools they need to best 

advance U.S. foreign policy. 

HEARINGS 

On February 27, 2019, the Full Committee held a hearing entitled ‘‘The Trump Administration’s Foreign Policy: A Mid-Term Assessment.’’ The hearing witness was The Honorable Madeleine K. 

Albright, Former U.S. Secretary of State. 

On March 27, 2019, the Full Committee held a hearing entitled 

‘‘The State Department’s Foreign Policy Strategy and Fiscal Year 

Budget Request.’’ The hearing witness was The Honorable Michael 

R. Pompeo, Secretary, United States Department of State. 

On February 27, 2019 the Subcommittee on Oversight and Investigations held a hearing entitled ‘‘America’s Global Leadership: 

Why Diplomacy and Development Matter.’’ Witnesses included The 

Honorable Heather Higginbottom, Chief Operating Office, CARE 

USA, and Former Deputy Secretary of State for Management and 

Resources, and The Honorable Andrew S. Natsios, Director of the 

Scowcroft Institute of International Affairs and Executive Professor, George H.W. Bush School of Government and Public Service 

at Texas A&M University and Former Administrator of the United 

States Agency for International Development. 

These hearings were used to consider H.R. 3352. 

COMMITTEE CONSIDERATION 

On June 26, 2019, the Committee marked up H.R. 3352, Department of State Authorization Act of 2019 (Engel) pursuant to notice, 

in open session. By unanimous consent, the Chair called up the 

measure and the following amendments, previously provided to 

Members, to be considered en bloc: 

• Bera amendment #36 to H.R. 3352: An amendment to require 

every 180 days, and on the same basis for 5 years thereafter, a report to Congress indicating changes that have been made to the 

Foreign Affairs Manual. 

AMENDMENT TO H.R. 3352 

OFFERED BY MR. BERA OF CALIFORNIA

Add at the end of title III the following: 


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SEC. 3ll. 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 five years, 

the Secretary shall submit to the appropriate congressional committees and the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate 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 five 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. 

• Connolly amendment #47 to H.R. 3352: An amendment to reward and recognize efforts to promote diversity and inclusion at 

the Department and expand professional development and career 

advancement opportunities. 

AMENDMENT TO H.R. 3352 

OFFERED BY MR. CONNOLLY OF VIRGINIA

In section 404(c)(1)(B)(i), strike ‘‘and’’ after the semicolon. 

In section 404(c)(1)(B)(ii), strike the period and insert ‘‘; and’’. 

In section 404(c)(1)(B), add at the end the following: 

(iii) any other individual determined by the Department who needs such training based on analysis by 

the Department or OPM analysis. 

Insert after section 404 the following: 

SEC. 405. 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 


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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. 406. 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. 

(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. 

• Engel amendment #72 to H.R. 3352: A manager’s amendment 

with technical and other minor fixes to H.R. 3352. 

AMENDMENT TO H.R. 3352 

OFFERED BY MR. ENGEL OF NEW YORK

Page 13, beginning line 10, strike ‘‘human trafficking, arms trafficking, wildlife trafficking, trafficking in cultural property’’ and insert ‘‘in human beings, arms, wildlife, and cultural property’’. 

Page 17, beginning line 12, strike ‘‘The Secretary should establish’’ and insert ‘‘There should be established’’. 


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57 

Page 39, line 6, strike ‘‘enactment of this Act’’ and insert ‘‘submission of the Comptroller General’s report under subsection (b)’’. 

Page 41, line 12, strike ‘‘Standard Embassy Design’’ and insert 

‘‘standardization in construction’’. 

Page 43, line 3, strike ‘‘quarterly’’ and insert ‘‘biannual’’. 

Page 43, line 9, strike ‘‘90’’ and insert ‘‘180’’. 

Page 45, line 14, insert ‘‘for those contractors engaged in construction of new embassy or new consulate compounds’’ before ‘‘by’’. 

Page 46, line 18, strike ‘‘rate’’ and insert ‘‘comment on’’. 

Page 46, beginning line 25, strike ‘‘the Office of Management Policy, Rightsizing, and Innovation of’’. 

Page 48, beginning line 15, strike ‘‘Long-Range Overseas Buildings Plan (LROBP)’’ and insert ‘‘plan’’. 

Page 49, beginning line 7, strike ‘‘known as a Long-Range Overseas Maintenance Plan (LROMP),’’. 

Page 50, beginning line 24, strike ‘‘the each LROBP and the 

LROMP,’’ and insert ‘‘each plan required under subsection (a)’’. 

Page 51, beginning line 9, strike ‘‘outlined in the LROBP and 

LROMP’’ and insert ‘‘required under subsection (a)’’. 

Page 51, line 18, insert ‘‘embassy or’’ before ‘‘consulate’’. 

Insert after section 212 the following: 

SEC. 213. 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. 

Page 72, line 12, insert ‘‘and’’ after ‘‘post’’. 

Page 87, line 6, strike ‘‘Each agency’’ and insert ‘‘The Department’’. 

Page 108, beginning line 22, strike ‘‘, particularly grand corruption’’. 

Page 110, beginning line 8, strike ‘‘, including grand corruption 

and petty corruption;’’. 

Page 110, line 20, strike ‘‘grand’’ and insert ‘‘serious, significant’’. 

Page 110, line 23, strike ‘‘petty’’ and insert ‘‘significant’’. 

Page 112, line 9, strike ‘‘grand’’ and insert ‘‘serious, significant’’. 

• Guest amendment #7 to H.R. 3352: An amendment to promote 

coordination of resources among relevant Department bureaus, offices, and posts, on the provision of security assistance. 

AMENDMENT TO H.R. 

OFFERED BY MR. GUEST OF MISSISSIPPI

In section 813(d)— 

(1) redesignate paragraph (3) as paragraph (4) (and make 

appropriate technical and conforming amendments); and 

(2) insert after paragraph (2) the following: 

(3) COORDINATION OF RESOURCES.—In developing annexes relating to security assistance for inclusion in comprehensive regional strategies or country strategies in accordance with paragraph (2), the relevant bureau, office, or diplomatic post shall 

coordinate with— 


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(A) the Office; 

(B) the Office of Foreign Assistance Resources, or an 

equivalent entity in the Department, regarding the allocation of resources in line with priorities of the Department 

of State for security assistance; and 

(C) the Department of Defense and other Federal departments and agencies that provide security assistance, security cooperation, or other forms of foreign assistance. 

• Houlahan amendment #27 to H.R. 3352: An amendment to permit the Secretary to waive individual occupational requirements in 

hiring for GS–0130 civil service positions for individuals possessing 

significant scientific, technological, engineering, or mathematical 

expertise. 

AMENDMENT TO H.R. 3352 

OFFERED BY MS. HOULAHAN OF PENNSYLVANIA

At the appropriate place in title III, insert the following: 

SEC. 3ll. 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. 

• Houlahan amendment #32 to H.R. 3352: An amendment to 

standardize the Department’s policy for flexible use of parental 

leave. 

AMENDMENT TO H.R. 3352 

OFFERED BY MS. HOULAHAN OF PENNSYLVANIA

At the end of title III, add the following: 

SEC. ll. STANDARDIZING DEPARTMENT PARENTAL LEAVE POLICIES. 

(a) PURPOSE.—The purpose of this section is to— 

(1) afford every employee at the Department equal access to 

leave and workplace flexibilities for childbirth, adoption, and 

foster care; 

(2) encourage the Department to work towards a parental 

leave policy that will help recruit and retain a dynamic, multitalented, and diverse workforce capable of meeting the national 

security and foreign policy goals of the United States; and 

(3) determine the impacts of flexible leave policies on recruitment and retention rates. 

(b) ESTABLISHING STANDARD PARENTAL LEAVE POLICIES.— 

(1) IN GENERAL.—Not later than 120 days after the date of 

the enactment of this Act, the Secretary shall establish and implement a standard parental leave policy applicable to DepartVerDate Sep 11 2014 01:20 Jul 31, 2019 Jkt 089006 PO 00000 Frm 00058 Fmt 6659 Sfmt 6602 E:\HR\OC\HR181.XXX HR181

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ment employees across all bureaus and offices within the Department and Missions abroad. Nothing in this section shall be 

construed to provide any new category of leave not otherwise 

provided by law. 

(2) REPORTS.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report describing— 

(A) the steps taken to implement the policy required 

under paragraph (1) across all bureaus and offices within 

the Department and Missions abroad; and 

(B) any costs associated with such policy. 

• Keating amendment #25 to H.R. 3352: An amendment to assess 

the degree to which foreign governments hold private sector representatives accountable for corruption, address threats to civil society monitoring corruption, and coordinate with the U.S. to prevent, prohibit, and punish public corruption. 

AMENDMENT TO H.R. 3352 

OFFERED BY MR. KEATING OF MASSACHUSETTS

In section 702(a)(2)(F), strike ‘‘and’’ after the semicolon at the 

end. 

In section 702(a)(2)(G), strike ‘‘and’’ after the semicolon at the 

end. 

In section 702(a)(2), add at the end the following: 

(H) holds private sector representatives accountable for 

their role in public corruption; and 

(I) addresses threats for civil society to monitor anti-corruption efforts; and 

In section 702(a)(3), insert after subparagraph (C) the following: 

(D) the extent to which such government cooperates meaningfully with the United States to strengthen government and 

judicial institutions and the rule of law to prevent, prohibit, 

and punish public corruption; 

• Keating amendment #29 to H.R. 3352: An amendment to require a biennial report, to sunset after 6 years, on an interagency 

strategy to work with foreign governments and multilateral institutions to address the national security risks of certain transactions 

involving foreign investments. 

AMENDMENT TO H.R. 3352 

OFFERED BY MR. KEATING OF MASSACHUSETTS

At the end of title VII, add the following: 

SEC. 706. FOREIGN INVESTMENTS AND NATIONAL SECURITY. 

(a) IN GENERAL.—Not later than one year after the date of the 

enactment of this Act and biennially thereafter for the following six 

years, the Secretary, in consultation with the Secretary of the 

Treasury, the Director of National Intelligence, and the heads of 

other agencies, as appropriate, shall submit to Congress an interagency strategy to work with foreign governments and multilateral 

institutions to guard against the risks of certain transactions involving foreign investments. 

(b) CONTENTS.—Each interagency strategy under paragraph (1) 

shall include plans relating to the following: 


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(1) Information sharing with foreign governments and multilateral institutions regarding risks associated with potential 

foreign investments. 

(2) Promoting American and other alternatives to foreign investments identified as presenting substantial risk to the national security or sovereignty of a country. 

(3) Providing technical assistance to foreign governments or 

multilateral institutions regarding screening foreign investments. 

(4) Designating points of contact at each United States mission to foreign governments and multilateral institutions, and 

in associated regional bureaus, to coordinate efforts described 

in this paragraph. 

(c) COORDINATION.—If the Secretary determines such is appropriate, the designated points of contact referred to in subsection 

(b)(4) may be the same individual designated under section 704(a). 

• Keating amendment #30 to H.R. 3352: An amendment to promote greater participation of women in peacekeeping operations. 

AMENDMENT TO H.R. 3352 

OFFERED BY MR. KEATING OF MASSACHUSETTS

Page 154, line 21, insert ‘‘, and to promote greater participation 

of women in such peacekeeping operations’’ before the period. 

Page 155, line 10, insert ‘‘, and to promote greater participation 

of women in such programs’’ before the period. 

• Keating amendment #33 to H.R. 3352: An amendment to extend the 5 U.S.C. 3161 hiring authority for appointing employees 

to the Global Engagement Center. 

AMENDMENT TO H.R. 3352 

OFFERED BY MR. KEATING OF MASSACHUSETTS

At the end of title III, add the following: 

SEC. 318. APPOINTMENT OF EMPLOYEES TO THE GLOBAL ENGAGEMENT CENTER. 

The Secretary may appoint, for a three year period that may be 

extended for up to an additional two 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. 

• Keating amendment #35 to H.R. 3352 An amendment to permit 

the designation of an existing senior-level Department official to coordinate on the dispensation of ISIS foreign terrorist fighter detainees. 

AMENDMENT TO H.R. 3352 

OFFERED BY MR. KEATING OF MASSACHUSETTS

At the end of title IX, add the following: 


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SEC. 9ll. ESTABLISHING A COORDINATOR FOR ISIS DETAINEE 

ISSUES. 

(a) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the President, acting through the Secretary, 

may designate an existing official within the Department to serve 

as senior-level coordinator to coordinate, in conjunction with other 

relevant Federal departments and agencies, all matters for the 

United States Government relating to the long-term disposition of 

ISIS detainees, including all matters in connection with— 

(1) repatriation, transfer, prosecution, and intelligence-gathering; 

(2) coordinating a whole-of-government approach with other 

countries and international organizations, including 

INTERPOL, to ensure secure chains of custody and locations 

of ISIS detainees; 

(3) coordinating the provision of technical and evidentiary 

assistance to foreign countries to aid in the successful prosecution of ISIS detainees; and 

(4) all multilateral and international engagements led by the 

Department and other relevant Federal departments and agencies that are related to the current and future handling, detention, or prosecution of ISIS detainees. 

(b) RETENTION OF EXISTING AUTHORITY.—The appointment of a 

senior-level coordinator pursuant to subsection (a) shall not deprive 

any Federal department or agency of any existing authority to 

independently perform the functions of that agency relating to ISIS 

detainees. 

(c) ISIS DETAINEE DEFINED.—In this section, the term ‘‘ISIS detainee’’ means a captured individual— 

(1) who allegedly fought for or supported the Islamic State 

of Iraq and Syria; and 

(2) who is a national of a country other than Iraq or Syria. 

• Keating amendment #36 to H.R. 3352: An amendment to enhance DRL activities to promote civil society and women’s equal 

participation and INL activities to address corruption, tackle the 

licit use of financial systems for malign purposes, and engage with 

multilateral organizations on anti-corruption. 

AMENDMENT TO H.R. 3352 

OFFERED BY MR. KEATING OF MASSACHUSETTS

Page 9, strike lines 7 through 8 and insert the following: 

‘‘(iii) strengthen, empower, and protect civil society 

representatives, programs, and 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;’’. 

Page 13, line 2, insert ‘‘and women’s participation’’ before 

‘‘issues’’. 


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Page 13, line 5, strike ‘‘, and the heads of appropriate regional 

bureaus’’ and insert ‘‘, and other senior officials in regional and thematic bureaus and offices’’. 

Page 13, line 13, insert ‘‘corruption,’’ before ‘‘money laundering’’. 

Page 13, line 14, insert ‘‘the licit use of financial systems for malign purposes,’’ after ‘‘bulk cash,’’. 

Page 13, line 20, insert before the period the following: ‘‘and engaging with multilateral organizations responsible for monitoring 

and supporting foreign governments’ anti-corruption efforts’’. 

• Lieu amendment #63 to H.R. 3352: An amendment to establish 

a Bug Bounty pilot program and to require a Vulnerability Disclosure Process to improve Department cyber-security, with annual 

reporting on the process for 6 years. 

AMENDMENT TO H.R. 3352 

OFFERED BY MR. TED LIEU OF CALIFORNIA

At the end of title V, add the following: 

SEC. 506. DEFINITIONS. 

(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; 


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(C) provide a readily available means of reporting discovered security vulnerabilities and the form in which such 

vulnerabilities should be reported; 

(D) identify which Department offices and positions will 

be responsible for receiving, prioritizing, and addressing 

security vulnerability disclosure reports; 

(E) consult with the Attorney General regarding how to 

ensure that individuals, organizations, and companies that 

comply with the requirements of the process are protected 

from prosecution under section 1030 of title 18, United 

States Code, and similar provisions of law for specific activities authorized under the process; 

(F) consult with the relevant offices at the Department 

of Defense that were responsible for launching the 2016 

Vulnerability Disclosure Program, ‘‘Hack the Pentagon’’, 

and subsequent Department of Defense bug bounty programs; 

(G) engage qualified interested persons, including nongovernmental sector representatives, about the structure 

of the process as constructive and to the extent practicable; 

and 

(H) award contracts to entities, as necessary, to manage 

the process and implement the remediation of discovered 

security vulnerabilities. 

(3) ANNUAL REPORTS.—Not later than 180 days after the establishment of the VDP under paragraph (1) and annually 

thereafter for the next six years, the Secretary of State shall 

submit to the Committee on Foreign Affairs of the House of 

Representatives and the Committee on Foreign Relations of 

the Senate a report on the VDP, including information relating 

to the following: 

(A) The number and severity, in accordance with the National Vulnerabilities Database of the National Institute of 

Standards and Technology, of security vulnerabilities reported. 

(B) The number of previously unidentified security 

vulnerabilities remediated as a result. 

(C) The current number of outstanding previously unidentified security vulnerabilities and Department of State 

remediation plans. 

(D) The average length of time between the reporting of 

security vulnerabilities and remediation of such 

vulnerabilities. 

(E) The resources, surge staffing, roles, and responsibilities within the Department used to implement the VDP 

and complete security vulnerability remediation. 

(F) Any other information the Secretary determines relevant. 

(c) DEPARTMENT OF STATE BUG BOUNTY PILOT PROGRAM.— (1) IN GENERAL.—Not later than one 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— 


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(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 one 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 


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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. 

• Malinowski amendment #27 to H.R. 3352: An amendment 

modifying existing ‘‘Leahy Law’’ provisions to include acts that constitute a war crime. 

AMENDMENT TO H.R. 3352 

OFFERED BY MR. MALINOWSKI OF NEW JERSEY

At the end of subtitle B of title VIII, insert the following: 

SEC. 8ll. MODIFICATION TO LIMITATIONS ON ASSISTANCE RELATING TO HUMAN RIGHTS. 

(a) MODIFICATION TO THE LIMITATION ON ASSISTANCE TO SECURITY FORCES.—Subsection (a) of section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d) is amended— 

(1) by inserting ‘‘, including any combined security activities 

or operations with any such unit,’’ after ‘‘of a foreign country’’; 

and 

(2) by inserting ‘‘, including any act that constitutes a war 

crime, as such term is defined in section 2441 of title 18, 

United States Code’’ after ‘‘gross violation of human rights’’. 

(b) MODIFICATION TO LIMITATION ON SECURITY ASSISTANCE.— 

Subsection (d) of section 520B of the Foreign Assistance Act of 1961 

(22 U.S.C. 2304) is amended by inserting ‘‘any act that constitutes 

a war crime, as such term is defined in section 2441 of title 18, 

United States Code,’’ after ‘‘the abduction and clandestine detention of those persons,’’. 

• Malinowski amendment #30 to H.R. 3352: An amendment to 

include on the list required in Sec. 503 contractors who knowingly 

assist or facilitate cyber surveillance on peaceful civil society activists and to require the Department to submit this to Congress for 

5 years after the first iteration is produced. 

AMENDMENT TO H.R. 3352 

OFFERED BY MR. MALINOWSKI OF NEW JERSEY

In section 503(a), add at the end the following: ‘‘Not later than 

30 days after the initial development of the list under this subsection, any update thereto, and annually thereafter for five years 

after such initial 30 day period, the Secretary shall submit to the 

appropriate congressional committees a copy of such list.’’. 

In section 503, amend subsection (e) to read as follows: 


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(e) COVERED CONTRACTOR DEFINED.—In this section, the term 

‘‘covered contractor’’ means a provider of telecommunications, telecommunications equipment, or information technology equipment, 

including hardware, software, or services, that has knowingly assisted or facilitated a cyber attack or conducted surveillance, including passive or active monitoring, carried out against— 

(1) the United States by, or on behalf of, any government, or 

persons associated with such government, listed as a cyber 

threat actor in the intelligence community’s 2017 assessment 

of worldwide threats to United States national security or any 

subsequent worldwide threat assessment of the intelligence 

community; or 

(2) individuals, including activists, journalists, opposition 

politicians, or other individuals for the purposes of suppressing 

dissent or intimidating critics, on behalf of a country included 

in the annual country reports on human rights practices of the 

Department for systematic acts of political repression, including arbitrary arrest or detention, torture, extrajudicial or politically motivated killing, or other gross violations of human 

rights. 

• Omar amendment #44 to H.R. 3352: An amendment to permissively authorize the Office of Global Criminal Justice at the State 

Department, to be headed by an ambassador-at-large, and enumerating duties of the office. 

AMENDMENT TO H.R. 3352 

OFFERED BY MS. OMAR OF MINNESOTA

Add at the end of title I the following: 

SEC. 119. OFFICE OF GLOBAL CRIMINAL JUSTICE. 

(a) IN GENERAL.—There should be established within the Department an Office of Global Criminal Justice (referred to in this section as the ‘‘Office’’), which may be placed within the organizational 

structure of the Department at the discretion of the Secretary. 

(b) DUTIES.—The Office should carry out the following: 

(1) Advise the Secretary and other relevant senior officials on 

issues related to war crimes, crimes against humanity, and 

genocide. 

(2) Assist in formulating United States policy on the prevention of, responses to, and accountability for mass atrocities. 

(3) Coordinate United States Government positions relating 

to the international and hybrid courts currently prosecuting 

persons responsible for genocide, war crimes, and crimes 

against humanity anywhere in the world. 

(4) Work with other governments, international organizations, and nongovernmental organizations, as appropriate, to 

establish and assist international and domestic commissions of 

inquiry, fact-finding missions, and tribunals to investigate, document, and prosecute atrocities in every region of the globe. 

(5) Coordinate the deployment of diplomatic, legal, economic, 

military, and other tools to help expose the truth, judge those 

responsible, protect and assist victims, enable reconciliation, 

deter atrocities, and build the rule of law. 


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(6) Provide advice and expertise on transitional justice to 

United States personnel operating in conflict and post-conflict 

environments. 

(7) Act as a point of contact for international, hybrid, and 

mixed tribunals exercising jurisdiction over war crimes, crimes 

against humanity, and genocide committed around the world. 

(8) Represent the Department on any interagency whole-ofgovernment coordinating entities addressing genocide and 

other mass atrocities. 

(9) Perform any additional duties and exercise such powers 

as the Secretary of State may prescribe. 

(c) SUPERVISION.—The Office should be led by an Ambassador-atLarge for Global Criminal Justice. 

• Phillips amendment #15 to H.R. 3352: An amendment to require a report regarding the causes and effects of Foreign Service 

and civil service staffing shortages at the Department, and a plan 

for implementing GAO recommendations to address them. 

AMENDMENT TO H.R. 3352 

OFFERED BY MR. PHILLIPS OF MINNESOTA

In section 313(a)(1), insert ‘‘, including all shortages in bureaus 

described in GAO report GAO-19-220,’’ after ‘‘workforce data’’. 

In section 313(a)(2), strike ‘‘offices’’ and insert ‘‘officers’’. 

In section 313, add at the end the following: 

(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. 

• Reschenthaler amendment #1 to H.R. 3352: An amendment to 

expand and standardize with the Department of Defense the 

amount of administrative leave the Department can grant to individuals serving in overseas posts presenting security or operational 

challenges. 

AMENDMENT TO H.R. 3352 

OFFERED BY MR. RESCHENTHALER

At the end of title III, add the following: 

SEC. ll. REST AND RECUPERATION AND OVERSEAS OPERATIONS 

LEAVE FOR FEDERAL EMPLOYEES. 

(a) IN GENERAL.—Subchapter II of chapter 63 of title 5, United 

States Code, is amended by adding at the end the following new 

sections: 

‘‘§ 6329d. Rest and recuperation leave 

‘‘(a) DEFINITIONS.—In this section— 

‘‘(1) the term ‘agency’ means an Executive agency (as that 

term is defined in section 105), but does not include the Government Accountability Office; 

‘‘(2) the term ‘combat zone’ means a geographic area designated by an Executive Order of the President as an area in 

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bat, an area designated by law to be treated as a combat zone, 

or a location the Department of Defense has certified for combat zone tax benefits due to its direct support of military operations; 

‘‘(3) the term ‘employee’ has the meaning given that term in 

section 6301; 

‘‘(4) the term ‘high risk, high threat post’ has the meaning 

given that term in section 104 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4803); and 

‘‘(5) the term ‘leave year’ means the period beginning on the 

first day of the first complete pay period in a calendar year and 

ending on the day immediately before the first day of the first 

complete pay period in the following calendar year. 

‘‘(b) LEAVE FOR REST AND RECUPERATION.—The head of an agency may prescribe regulations to grant up to 20 days of paid leave, 

per leave year, for the purposes of rest and recuperation to an employee of the agency serving in a combat zone, any other high risk, 

high threat post, or any other location presenting significant security or operational challenges. 

‘‘(c) DISCRETIONARY AUTHORITY OF AGENCY HEAD.—Use of the 

authority under subsection (b) is at the sole and exclusive discretion of the head of the agency concerned. 

‘‘(d) RECORDS.—An agency shall record leave provided under this 

section separately from leave authorized under any other provision 

of law. 

‘‘§ 6329e. Overseas operations leave 

‘‘(a) DEFINITIONS.—In this section— 

‘‘(1) the term ‘agency’ means an Executive agency (as that 

term is defined in section 105), but does not include the Government Accountability Office; 

‘‘(2) the term ‘employee’ has the meaning given that term in 

section 6301; and 

‘‘(3) the term ‘leave year’ means the period beginning with 

the first day of the first complete pay period in a calendar year 

and ending with the day immediately before the first day of 

the first complete pay period in the following calendar year. 

‘‘(b) LEAVE FOR OVERSEAS OPERATIONS.—The head of an agency 

may prescribe regulations to grant up to 10 days of paid leave, per 

leave year, to an employee of the agency serving abroad where the 

conduct of business could pose potential security or safety related 

risks or would be inconsistent with host-country practice. Such regulations may provide that additional leave days may be granted 

during such leave year if the head of the agency determines that 

to do so is necessary to advance the national security or foreign 

policy interests of the United States. 

‘‘(c) DISCRETIONARY AUTHORITY OF AGENCY HEAD.—Use of the 

authority under subsection (b) is at the sole and exclusive discretion of the head of the agency concerned. 

‘‘(d) RECORDS.—An agency shall record leave provided under this 

section separately from leave authorized under any other provision 

of law.’’. 

(b) CLERICAL AMENDMENTS.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 6329c the following new items: 


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‘‘6329d. Rest and recuperation leave. 

‘‘6329e. Overseas operations leave.’’. 

• Smith amendment #163 to H.R. 3352: An amendment to amend 

the Sean and David Goldman Child Abduction Prevention and Return Act of 2014. 

AMENDMENT TO H.R. 3352 

OFFERED BY MR. SMITH OF NEW JERSEY

Add at the end of title IX the following: 

SEC. 903. 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; 

(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.’’. 

• Spanberger amendment #13 to H.R. 3352: An amendment to 

enhance coordination between Main State, diplomatic posts, and 

other Federal departments and agencies on security assistance 

planning. 

AMENDMENT TO H.R. 3352 

OFFERED BY MS. SPANBERGER OF VIRGINIA

In section 811(e)(2)(A), insert ‘‘and with United States diplomatic posts and other Federal departments and agencies’’ after 

‘‘such bureaus and offices’’. 

• Spanberger amendment #14 to H.R. 3352: An amendment to incorporate assessments of the impact of U.S. forces in a country or 

region into security assistance planning and to create metrics for 

assessing the effectiveness of such assistance for enabling the reallocation of forces other high priority missions. 

AMENDMENT TO H.R. 3352 

OFFERED BY MS. SPANBERGER OF VIRGINIA

At the end of section 813(a)(3), add the following (and make appropriate technical and conforming amendments): 


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(D) assessing the impact on Department security assistance objectives, programs, and activities of United States 

military activities in the country or region covered by 

country or regional strategy, including the number of 

United States forces deployed, the duration of deployment, 

the purpose for which they were deployed, and the authority under which they are operating. 

In section 813(a)(4)(B), strike ‘‘counter shared threats’’ and insert 

‘‘countering shared threats and increased burden sharing, including 

in ways that enable reallocation of United States military deployments to other high priority missions’’. 

• Spanberger amendment #15 to H.R. 3352: An amendment to 

improve coordination between the Department and U.S. combatant 

commands on the planning and implementation of security assistance. 

AMENDMENT TO H.R. 3352 

OFFERED BY MS. SPANBERGER OF VIRGINIA

In section 814(b)(1), add at the end the following: 

(D) An identification of the specific mechanisms to improve coordination between Department of State bureaus 

and offices involved in planning, executing, or overseeing 

security assistance programs and activities and the United 

States combatant command or commands relevant to such 

bureaus and offices. 

(E) An assessment of the advisability and feasibility of 

expanding existing mechanisms or establishing new mechanisms to detail employees from Department of State bureaus and offices involved in planning, executing, or overseeing security assistance programs and activities to 

United States combatant commands and from the Department of Defense to such Department of State bureaus and 

offices for the purpose of improving coordination on security assistance planning and implementation. 

• Spanberger amendment #16 to H.R. 3352: An amendment to include policies relating to sexual assault prevention and response in 

Department training and to protect against retaliation for individuals reporting sexual harassment or sexual assault in the Department. 

AMENDMENT TO H.R. 3352 

OFFERED BY MS. SPANBERGER OF VIRGINIA

In the matter preceding paragraph (1) of subsection (d) of section 

402, insert ‘‘and assess the effectiveness of’’ before ‘‘the efforts of 

the Department’’. 

In paragraph (2) of such subsection (d), insert ‘‘, both domestically and at posts overseas’’ before the semicolon at the end. 

In paragraph (4) of such subsection (d), insert ‘‘or for reporting 

sexual harassment or sexual assault’’ before the semicolon at the 

end. 

Insert before paragraph (1)(A) of subsection (c) of section 404 the 

following new subparagraph (and redesignate accordingly): 


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(A) ensure the provision of training on anti-harassment 

and anti-discrimination information and policies to all individuals in the workforce; 

In paragraph (1)(B) of such subsection (c) (as so redesignated), 

insert ‘‘, including policies relating to sexual assault prevention and 

response’’ before the semicolon. 

• Titus amendment #22 to H.R. 3352: An amendment to expand 

the duties of, and urge consultation by Department officials with, 

the permissively authorized Office of International Disability 

Rights. 

AMENDMENT TO H.R. 3352 

OFFERED BY MS. TITUS OF NEVADA

In section 105(b)(2), strike ‘‘and’’ after the semicolon at the end. 

In section 105(b)(3), strike the period at the end and insert ‘‘; 

and’’. 

In section 105(b), add at the end the following: 

(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 Development of 

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. 

In section 105, add at the end the following: 

(d) CONSULTATION.—The Secretary 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. 

• Zeldin amendment #48 to H.R. 3352: An amendment modifying 

the authorities of the Commission for the Preservation of America’s 

Heritage Abroad and requiring a report on the extent to which the 

Commission is able to continue its activities, including if the Commission’s duties and powers were extended to additional regions. 

AMENDMENT TO H.R. 3352 

OFFERED BY MR. ZELDIN OF NEW YORK

At the end of title IX, add the following: 


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SEC. l. 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 Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate’’ 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 Affairs of the House of Representatives and the 

Committee on Foreign Relations of the Senate 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. 

The measure and amendments considered en bloc were agreed to 

by voice vote, a quorum being present. 

By unanimous consent, the measure was ordered favorably reported, as amended. 

COMMITTEE OVERSIGHT FINDINGS 

In compliance with clause 3(c)(1) of rule XIII of Rules of the 

House of Representatives, the committee reports that findings and 

recommendations of the committee, based on oversight activities 

under clause 2(b)(1) of House Rule X, are incorporated in the descriptive portions of this report, particularly in the ‘‘Background 

and Need for Legislation’’ section. 

NEW BUDGET AUTHORITY, TAX EXPENDITURES, AND 

FEDERAL MANDATES 

The Committee has requested but not yet received a Congressional Budget Office Score for H.R. 3352. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE 

The Committee has requested but not yet received a Congressional Budget Office score for H.R. 3352. 


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NON-DUPLICATION OF FEDERAL PROGRAMS 

Pursuant to clause 3(c)(5) of House Rule XIII, the committee 

States that no provision of this bill establishes or reauthorizes a 

program of the Federal Government known to be duplicative of another Federal program, a program that was included in any report 

from the Government Accountability Office to Congress pursuant to 

section 21 of Public Law 111–139, or a program related to a program identified in the most recent Catalog of Federal Domestic Assistance. 

PERFORMANCE GOALS AND OBJECTIVES 

As explained with greater specificity in the ‘‘Purpose and Summary’’ and ‘‘Section-by-Section Analysis’’ sections of this report, the 

general goal of H.R. 3352 is to provide for certain authorities of the 

Department of State. This includes provisions related to the organization and operations of the Department, embassy security, personnel, recruiting and retaining a diverse work force, information 

security, countering public corruption, administering security assistance, and other items. 

CONGRESSIONAL ACCOUNTABILITY ACT 

H.R. 3352 does not apply to terms and conditions of employment 

or to access to public services or accommodations within the legislative branch. 

NEW ADVISORY COMMITTEES 

H.R. 3352 does not establish or authorize any new advisory committees. 

EARMARK IDENTIFICATION 

H.R. 3352 contains no congressional earmarks, limited tax benefits, or limited tariff benefits as described in clauses 9(e), 9(f), and 

9(g) of House Rule XXI. 

SECTION-BY-SECTION ANALYSIS 

Section 1. Short Title; Table of Contents. 

Section 2. Definitions. Defines relevant terms that appear 

throughout this Act. 

TITLE I — ORGANIZATION AND OPERATION OF THE DEPARTMENT OF

STATE

Section 101. Sense of Congress on Importance of the Department of State’s Work. Sense of Congress on the importance 

of the work of the State Department and the U.S. Agency for International Development (‘‘USAID’’) as agencies that promote U.S. national security and prosperity. 

Section 102. Bureau of Democracy, Human Rights, and 

Labor. Places any special envoys, Ambassadors-at-large, and coordinators within the Bureau of Democracy, Human Rights, and 

Labor (DRL) under the supervision of the Assistant Secretary of 


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DRL. Codifies the authorities of the Assistant Secretary and existing DRL Bureau. 

Section 103. Assistant Secretary for International Narcotics and Law Enforcement Affairs. Amends the State Department Basic Authorities Act to codify the existing Assistant Secretary for International Narcotics and Law Enforcement Affairs. 

Delineates areas of responsibility and identifies certain duties for 

the Assistant Secretary. It also modifies the annual International 

Narcotics Control Strategy Report to add a requirement related to 

partner vetting. 

Section 104. Bureau of Consular Affairs; Bureau of Population, Refugees, and Migration. Codifies the existence of two 

longstanding Bureaus in the Department: the Bureau of Consular 

Affairs; and the Bureau of Population, Refugees, and Migration. 

Section 105. Office of International Disability Rights. Permissively authorizes the activities of an Office of International Disability Rights, to be supervised by a senior official at the Department’s discretion. 

Section 106. Office of Global Women’s Issues. Permissively 

authorizes the activities of the existing Office of Global Women’s 

Issues, to be supervised by an ambassador-at-Large, and mandates 

a report on the implementation of the duties of the office. 

Section 107. Special Appointments. Requires the State Department to report to Congress on recommendations for keeping or 

eliminating existing administratively created special envoys. Eliminates administratively created special envoys and offices that are 

not presented for Senate advice and consent within 90 days of submitting that report and allows for the establishment or re-establishment of any special envoys if presented for advice and consent 

within 90 days of appointment. Allows the appointment of temporary special envoys after notification to Congress that the described envoy will not exercise significant authority. Eliminates the 

Special Representative for Burma in light of the 2012 appointment 

of an ambassador to Burma. 

Section 108. Anti-Piracy Information Sharing. Improves the 

ability of the United States to share and receive information to 

combat piracy and armed robbery against ships in Asia by authorizing continued U.S. participation in the anti-Piracy Information 

Center in Singapore. 

Section 109. Importance of Foreign Affairs Training to National Security. Expresses the sense of Congress that effective 

training of State Department personnel is essential to the national 

security of the United States. 

Section 110. Authorization for Receipt of Private Funding 

for Diplomatic Studies and Training. Authorizes the Foreign 

Service Institute to accept private contributions to assist with the 

training of State Department personnel. Requires the names of donors be made available to Congress. 

Section 111. Classification and Assignment of Foreign 

Service Officers. Permits the State Department to temporarily 

fill Foreign Service designated positions that have been vacant for 

more than 365 days with persons who are not members of the Foreign Service. 

Section 112. Energy Diplomacy and Security. Replaces the 

Coordinator for International Energy Affairs with an authorization 


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for an Assistant Secretary for Energy Resources and a requirement 

that there be personnel dedicated to energy matters within the Department responsible for various energy policy priorities enumerated in this section. 

Section 113. Passport fees. Permanently authorizes surcharge 

authority under the Western Hemisphere Travel Initiative (an authority that expired in 2010 and has been reinstated on an annual 

basis in appropriations bills). 

Section 114. United States Diplomacy Center. Authorizes 

the Department to recover costs through fees generated for the use 

of center facilities and regulates the disposition of artifacts in the 

Center’s control. 

Section 115. Extension of period for reimbursement of 

commercial fishermen for costs incurred from the illegal 

seizure and detention of US-flag fishing vessels by foreign 

governments. Permanently authorizes the Department to reimburse fishermen for fines and direct costs incurred from illegal seizure of U.S.-flag fishing vessels as a result of a claim of jurisdiction 

not recognized by the U.S. (permanently authorizing what has previously been authorized in annual appropriations bills). 

Section 116. Art in embassies. Requires consultation with and 

notification to Congress prior to purchase of any individual piece 

of art in excess of $50,000 for the next two years and mandates a 

one-time report on prior costs of the Art in Embassies program. 

Section 117. Admendment or repeal of reporting requirements. Eliminates or reduces and revises reporting requirements 

no longer relevant for Congress and the Department. 

Section 118. Reporting on Implementation of GAO Recommendations. Requires the State Department to report on and 

justify unimplemented GAO recommendations. 

Section 119. Office of Global Criminal Justice. Permissively 

authorizes an Office of Global Criminal Justice to be located within 

the Department at the Secretary’s discretion, and describes the duties of the position, with emphasis on forums for accountability for 

crimes against humanity. 

TITLE II — EMBASSY CONSTRUCTION

Section 201. Embassy Construction, Security, and Maintenance. Authorization of funds for Embassy security, construction, 

and maintenance for Fiscal Year 2020 at Fiscal Year House appropriated level. 

Section 202. Standardization in Capital Construction. A 

Sense of Congress that the Department should give due consideration to standardization in design of new embassy compounds and 

keep customization to a minimum. 

Section 203. Capital Construction Transparency. Requires 

the State Department to report to Congress quarterly instead of 

annually on all ongoing capital construction projects, including information on budget, schedule, and contractor claims for the next 

four years. 

Section 204. Contractor Performance Information. Requires 

the State Department to complete contractor performance evaluations required by the Federal Acquisition Regulation, brief Congress, and develop a prioritization system for clearing its current 

backlog of evaluations. 


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Section 205. Growth Projections for New Embassies and 

Consulates. Requires the State Department to base growth projections for new embassies and consulates on available data (rather 

than assuming 10 percent growth for all projects). 

Section 206. Long-Range Planning Process. Requires the 

State Department to re-start its long-term planning process for 

building and maintaining new diplomatic posts and reexamining 

America’s overseas diplomatic ‘‘footprint’’ for the next five years. 

Section 207. Value Engineering and Risk Assessment. Requires the State Department to confirm to Congress that it has met 

standing requirements to conduct value engineering and risk assessment studies on major capital construction projects, and to 

make the results of those studies available to Congress if requested. 

Section 208. Business Volume. Clarifies existing statute that 

requires bidders on capital construction projects to have achieved 

business volume equal to the project they’re bidding on over the 

course of three years out of the previous five. 

Section 209. Embassy Security Requests and Deficiencies. 

Requires the State Department to make available to Congress information on security deficiencies at posts abroad. 

Section 210. Overseas Security Briefings. Requires the State 

Department to revise the Foreign Affairs Manual to stipulate that 

information on the current threat environment shall be provided to 

all U.S. Government personnel traveling overseas on official business—prior to their arrival, to the extent practicable. 

Sec. 211. Contracting Methods in Capital Construction. Requires the State Department to use design-build contracts for capital construction, unless the Secretary justifies use of another 

method to the appropriate congressional committees. 

Sec. 212. Competition in Embassy Construction. Requires 

the State Department to report to the appropriate congressional 

committees on efforts to increase competition in embassy construction contracts. 

Sec. 213. Statement of Policy. Expresses that it is the policy 

of the United States that the State Department’s Overseas Building Office should balance functionality and security with accessibility in the construction of U.S. embassies and consulates. 

Sec. 214. Definitions. Defines ‘‘design-build’’ and ‘‘non-standard 

design.’’ 

TITLE III — PERSONNEL ISSUES

Section 301. Defense Base Act Insurance Waivers. Requires 

State to apply for waivers to a law requiring foreign contractors to 

have workers compensation insurance if contractors are already 

covered domestically. State used to have waiver authority, but now 

has to get waivers from Department of Labor and has not done so 

for all countries in which contractors are covered domestically. 

Section 302. Study on Foreign Service Allowances. Requires 

the Secretary to submit a report to Congress analyzing the effect 

of overseas allowances on the foreign assignment of Foreign Service 

Officers (FSOs), and particularly how such allowances incentivize 

FSOs to bid on certain assignments, to be conducted by a federally 

funded research and development center with appropriate expertise 

in labor economics and military compensation. 


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Section 303. Science and Technology Fellowships. Authorizes the State Department to make grants or enter into cooperative 

agreements, not to exceed $500k per fiscal year, related to Department science and technology fellowship programs. This includes the 

Jefferson Science Fellows Program, which brings distinguished 

science and technology university professors into the State Department as unpaid consultants for one to 2 years. These fellows receive salary and benefits from their universities and work on issues 

that include nuclear programs, export controls, and energy. This 

authority would facilitate recruitment and coverage of travel and 

other appropriate expenses of fellows. 

Section 304. Travel for Separated Families. Allows a Foreign 

Service Officer’s child whose other parent is in a different location 

to transfer their State Department-paid airline ticket (allowed for 

in statute for the child to visit the other parent) to the other parent. 

Section 305. Home Leave Travel for Separated Families. 

Allows a Foreign Service Officer at an unaccompanied post to take 

their home leave travel wherever their family is residing if they are 

not residing in the United States. 

Section 306. Sense of Congress Regarding Certain Fellowship Programs. States that it is the sense of Congress that the 

State Department and USAID should fulfill their obligations to 

each Rangel, Pickering, and Payne fellow as defined in their original contractual agreements. 

Section 307. Technical Correction. Clarifies that certain prerequisites for promotion into the Senior Foreign Service as carried 

in the Department of State Authorities Act for Fiscal Year (P.L. 

114–323) only apply to Foreign Service Officer generalists (and not 

specialists). 

Section 308. Foreign Service Awards. Amends the Foreign 

Service Act of 1980 to clarify that members of the Civil Service 

may be awarded Department Awards. 

Section 309. Diplomatic Programs. Encourages the Department to continue recruiting and training personnel at a rate consistent with prior years. Requires that the Secretary notify and report to Congress on the Department’s strategic staffing plan prior 

to pursuing a reduction-in-force or ‘‘buyouts’’ of personnel. 

Section 310. Sense of Congress Regarding Veterans Employment at the Department of State 

Encourages the Department to continue to promote the employment of veterans and recognizes their significant contributions. 

Section 311. Employee Assignment Restrictions and 

Preclusions 

Amends the Foreign Service Act of 1980 to expressly grant an 

employee subjected to an assignment restriction or preclusion the 

same appeal rights available regarding denial or revocation of security clearance and instructs the Secretary to inform employees of 

this right by updating the Foreign Affairs Manual accordingly. 

Section 312. Recall and Reemployment of Career Members 

Amends the Foreign Service Act of 1980 to clarify that former career tenured Foreign Service Officers who separated from the Department for other than cause during the prior 3 years may be reemployed and shall not be required to take a directed first assignment upon reappointment. Also requires the Department and 


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USAID to make public all employment and promotion opportunities, including those offered under merit promotion procedures 

which shall expressly State that former employees eligible for reinstatement may apply, to help former civil service employees eligible 

for reemployment identify such opportunities. 

Section 313. Strategic Staffing Plan for the Department 

Requires the Secretary to develop a comprehensive 5-year strategic staffing plan for the Department that is aligned with the objectives of the National Security Strategy, including data on current and projected work force needs. Requires a one-time report on 

root causes and effects of Foreign Service and civil service staffing 

shortages and the Department’s plan to implement related U.S. 

Government Accountability Office recommendations. 

Section 314. Consulting services. Makes permanent a requirement previously carried in appropriations bills for the State Department to publicize any contract for consulting services, which 

otherwise may not have been required to be made public. 

Section 315. Incentives for critical posts. Makes the permissive authority for incentive payments to hardship posts permanent. 

Section 316. Extension of Authority for Certain Accountability Review Boards. The requirement for an ‘‘Accountability 

Review Board’’ for incidents involving serious injury or significant 

destruction of property at U.S. missions has been waived for Afghanistan and Iraq since 2005, due to the difficulty and danger of 

conducting such reviews in areas of active combat. This provision 

deletes Iraq from the waiver and extends the waiver for Afghanistan, Syria, and Yemen until September 30, 2022. 

Section 317. Foreign Service suspension without pay. Enables indefinite suspension without pay if FSOs are reasonably believed to have committed an imprisonable crime. For FSOs who 

have had their security clearance suspended, the provision allows 

for suspension of duties without pay only after the initial adjudication of their security clearance suspension is completed, and requires congressional notification if the adjudication process endures 

beyond one calendar year. 

Section 318. Foreign Affairs Manual and Foreign Affairs 

Handbook changes. Requires quarterly reports to Congress on 

changes made to the Foreign Affairs Manual or the Foreign Affairs 

handbook; the requirement sunsets in 5 years. 

Section 319. Waiver authority for individual occupational 

requirements of certain positions. Authorizes the Secretary to 

waive occupational requirements for a civil service position under 

the GS–0130 (foreign affairs) occupational series based on the individual’s technical expertise, based on demonstrated job performance and qualifying experience. Waivers under this authority must 

be submitted to the Director of the Office of Personnel Management. 

Section 320. Standardizing Department parental leave 

policies. Requires the Secretary to establish and implement a 

standard parental leave policy applicable to all employees. 

Section 321. Appointment of employees to the Global Engagement Center. Authorizes non-competitive temporary appointment for 3 years, with a 2-year extension, of staff for the Global 

Engagement Center. 


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Section 322. Rest and recuperation and overseas operations leave for Federal employees. Authorizes up to 20 days 

of paid leave for rest and recuperation per year for civil service employees to align leave policy with that of other federal agencies. 

TITLE IV — A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, 

AND PROMOTION

Section 401. Definitions. Defines relevant terms that appear 

throughout this title. 

Section 402. Collection, Analysis, and Dissemination of 

Workforce Data. Requires the State Department to report on demographic data related to its work force and diversity efforts—including enforcing anti-harassment and anti-discrimination policies, 

preventing unlawful discrimination or retaliation, providing reasonable accommodation, and recruiting a diverse work force—in a substantial first report and annual updates for five years. 

Section 403. Exit Interviews for work force. Requires the Director General of the Foreign Service to offer departing employees 

the opportunity for an exit interview and analyze the results for diversity impacts. Encourages periodic interviews with retained staff. 

Requires the State Department to track demographic data on participation in professional development programs and encourage 

participation from underrepresented groups. 

Section 404. Recruitment and retention. Encourages the 

State Department to recruit a diverse work force by preparing a diversity recruitment plan, recruiting at minority-serving institutions 

and job fairs in urban and rural communities, and providing opportunities through leadership programs and international affairs organizations dedicated to shared diversity goals. Expands anti-harassment and anti-discrimination training and makes such expanded training mandatory for senior/supervisory officials and officials with personnel-related responsibilities. 

Section 405. Leadership engagement and accountability. 

Requires the Secretary to implement performance and advancement requirements that reward and recognize senior management 

efforts to promote diversity and inclusion. Urges senior management to ensure that appointments to external advisory committees 

or boards represent the diversity of the Department. 

Section 406. Professional development opportunities and 

tools. Authorizes the Secretary to approve additional external career advancement opportunities, including participation in academic programs; private-public exchanges; and details to outside 

organizations, such as private or international organizations, State 

and local governments, and other branches of the Federal Government. Also requires the Secretary to sponsor members of the work 

force to participate in a Senior Executive Service candidate development program or similar programs. 

Section 407. Examination and oral assessment for the Foreign Service. Requires the oral assessment to be offered in not 

fewer than three time zones per year, in cities on a rotating basis. 

Section 408. Payne Fellowship Authorization. Authorizes 

the existing Donald M. Payne fellowship program to conduct outreach to help attract outstanding students from diverse ethnic and 

socioeconomic backgrounds to Foreign Service careers. 


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Section 409. Voluntary Participation. Clarifies that all the 

data collected under Title 4 is voluntary and subject to relevant 

privacy protections. 

TITLE V — INFORMATION SECURITY

Section 501. Definitions. Defines relevant terms that appear 

throughout this title. 

Section 502. Information System Security. Requires the Secretary to regularly consult appropriate departments or agencies regarding the security of the State Department’s information systems. Also requires a regular report on penetrations and compromises of the Department’s systems and networks, including an 

assessment of the source of the breach, the risk it poses across U.S. 

networks, and what actions the Department is taking to prevent 

future attacks. 

Section 503. Prohibition on Contracting with Certain Telecommunications Providers. Requires the State Department to 

develop and maintain a list in coordination with the Office of the 

Director of National Intelligence (ODNI), a copy of which shall be 

submitted annually to the relevant congressional committees for 5 

years, of contractors that have knowingly participated in a 

cyberattack or surveillance against the U.S. on behalf of a cyber 

threat actor, or against individuals for the purposes of suppressing 

dissent on behalf of a country included in the annual country reports on human rights practices for systematic acts of political repression. Prohibits the State Department from contracting with 

contractors on the list. 

Section 504. Preserving records of electronic communications conducted related to official duties of positions in the 

public trust of the American people. Sense of Congress and requirement to clarify in the Foreign Affairs Manual that records 

preservation law applies to communications on electronic messaging systems, software, and applications. 

Section 505. Foreign Relations of the United States 

(FRUS) series and declassification. Lowers the timeframe to 

automatically declassify Department historical records. 

Section 506. Vulnerability Disclosure Policy and Bug 

Bounty Pilot Program. Requires the Secretary to establish a Vulnerability Disclosure Process (VDP) through which to engage with 

security researchers toward discovering Department cyber 

vulnerabilities. Also requires the Secretary to establish a bug bounty pilot program to register and incentivize private individuals and 

organizations to conduct research to detect such vulnerabilities. 

TITLE VI — PUBLIC DIPLOMACY

Section 601. Short title. 

Section 602. Avoiding duplication of programs and efforts. 

Emphasizes the need for the State Department’s Under Secretary 

for Public Affairs to increase coordination and efficiency, and to 

eliminate duplicative functions. 

Section 603. Improving Research and Evaluation of Public 

Diplomacy. Directs the Secretary to conduct regular research and 

evaluation of public diplomacy programs. Establishes a Director of 

Research and Evaluation, without increasing overall positions in 


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the Department, and with budget authority and responsibility for 

directing and coordinating all State Department public diplomacy 

research and evaluation activities. Recommends allocating increased public diplomacy program funds for research and evaluation. Exempts data collection and its usage from the Paperwork Reduction and Privacy Acts. Establishes a subcommittee for research 

and evaluation in the Advisory Commission on Public Diplomacy to 

evaluate the Department’s public diplomacy research and evaluation efforts. 

Section 604. Permanent reauthorization of the United 

States Advisory Commission on Public Diplomacy. 

Section 605. Streamlining of support functions. Requires a 

report from a working group established by the Department to look 

at streamlining executive and administrative functions in the family of bureaus under the Undersecretary for Public Diplomacy and 

Public Affairs. 

Section 606. Guidance for closure of public diplomacy facilities. Requires collecting, analyzing, and disseminating information on the impact on public diplomacy activities in the construction of new embassy compounds that will result in the closure of 

an American Space. 

Section 607. Definitions. 

TITLE VII — COMBATING PUBLIC CORRUPTION

Section 701. Sense of Congress. Expresses the Sense of Congress that it is in the foreign policy interest of the United States 

to help other countries promote good governance and combat public 

corruption, and that the State Department should promote greater 

coordination among the Federal departments and agencies implementing programs toward that end. 

Section 702. Annual Assessment. Requires the Secretary for 

each of the fiscal years 2020 through 2026 to utilize independent, 

third party indicators and other considerations to assess the capacity and commitment of foreign countries to combat public corruption. Upon completing the assessment, the Secretary is required to 

provide to the appropriate congressional committees and make publicly available a report that identifies those countries that are: (1) 

meeting minimum standards to combat public corruption; (2) not 

meeting minimum standards but making significant efforts to do 

so; or (3) are neither meeting minimum standards nor making significant efforts to do so. The Secretary may provide a briefing to 

the appropriate committee in lieu of a report if the Secretary determines that publishing such report would undermine existing U.S. 

anti-corruption efforts or threaten U.S. national interests. 

Section 703. Transparency and Accountability. Requires the 

Secretary, in coordination with the USAID Administrator, to ensure that a corruption risk assessment and mitigation strategy is 

included in the integrated country strategy for each country identified as either ‘‘not meeting minimum standards but making significant efforts to do so,’’ or ‘‘neither meeting minimum standards nor 

making significant efforts.’’ Further requires the Secretary, in coordination with the Administrator, to utilize appropriate mechanisms to combat corruption in such countries. 

Section 704. Designation of Embassy Anti-Corruption 

Points of Contact. Requires the Secretary to designate an 


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anticorruption point of contact at the U.S. mission to each country 

identified in section 702. Points of contact shall be responsible for 

coordinating and overseeing a whole-of-government approach to 

combatting public corruption in their posted countries. 

Section 705. Reporting Requirements. Requires an annual 

report on implementation of this anti-corruption title. Further requires the Secretary to make available existing reports relating to 

foreign corruption on a single, public, online platform. Requires the 

incorporation of anti-corruption training into existing Foreign Service and Civil Service training courses. 

Section 706. Foreign investments and national security. 

Requires the Secretary, in consultation with the Secretary of the 

Treasury, the Director of National Intelligence, and the heads of 

other agencies, as appropriate to develop an interagency strategy 

to work with foreign governments and multilateral institutions to 

guard against the risks of certain transactions involving foreign investments. Requires a biannual report on the strategy over the 

next 6 years. 

TITLE VIII — MATTERS RELATING TO INTERNATIONAL SECURITY

Section 801. Short title. 

Section 802. Security Assistance Defined. Defines ‘‘security 

assistance’’ for purposes of this title. 

Subtitle A — Reforms Relating to Security Assistance 

Section 811. Organizational Reform. Requires the Secretary 

of State to designate a working group on security assistance within 

Department senior management, mandates establishment of an Office of Security Assistance within the designated Under Secretary’s 

bureau, and calls for an organization plan and designates officers 

to coordinate security assistance in relevant offices and diplomatic 

posts. Requires a report to Congress on the above within 180 days 

of passage of this Act. 

Section 812. Workforce Development. Requires the Secretary 

to establish a security assistance curriculum for training to be provided at the Department’s Foreign Service Institute. 

Section 813. Security Assistance Planning. Requires the Office of Security Assistance established in section 811 to create a 

Global Framework for security assistance planning to be used by 

relevant bureaus and diplomatic posts for regional and country-specific planning —with identification of priority countries as part of 

Department-level planning. Requires the Office to coordinate development of definitions for different levels of security assistance, including specifically a definition for ‘‘significant’’ security assistance; 

and requires the office to coordinate with the DRL Bureau to define 

baseline norms of governance and rule of law. Outlines elements to 

be used in assessment, monitoring, and evaluation of security assistance in countries receiving ‘‘significant’’ security assistance and 

requires coordination of security assistance resources. Directs the 

Secretary, in consultation with the Secretary of Defense, to establish multi-year compacts with governments of countries that receive security assistance. Establishes an annual reporting requirement on security assistance planning and implementation. 


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Section 814. Interagency Coordination of Security Assistance, Transfers, and Security Cooperation. Calls for creation 

of a central common data base, in coordination with the Secretary 

of Defense and other appropriate agencies, focused on security assistance. Requires a report to appropriate congressional committees 

assessing coordination between the Department of State security 

assistance programs and the Department of Defense security cooperation programs. 

Section 815. Rule of Construction. Noting in this title shall 

affect implementation of subsection (h) of section 36 of the Arms 

Export Control Act, which ensures that arms sales or export shall 

not adversely affect Israel’s qualitative military edge. 

Subtitle B — Foreign Military Assistance 

Section 821. Strategic Allocation of Excess Defense Articles. Clarifies that the Secretary, in consultation with the Secretary of Defense, shall allocate—distinct from actual delivery of 

excess defense articles (EDA) in accordance with national security 

priorities. Authorizes use of security assistance funds to refurbish 

and upgrade such EDA. Increases the threshold for congressional 

notification of EDA from $7 million to $25 million (consistent with 

inflation since the former threshold was established in 1961). Increases the annual cap on EDA transfers from $500 million to $600 

million. 

Section 822. Modification of Purposes for which Military 

Sales by the United States are Authorized. Expressly States 

that anti-terrorism is an ‘‘internal security’’ purpose for which military sales are authorized. 

Section 823. Return of Defense Articles. Amends Section 21 

of the Arms Export Control Act to authorize the Secretary to accept 

return of ‘‘significant military equipment’’ from a country or international organization. 

Section 824. Requirements Relating to Exemptions for Licensing of Defense Items. Amends Section 38(j) of the Arms Export Control Act to expressly include the North Atlantic Treaty Organization as an entity eligible for exemptions for licensing of defense items. 

Section 825. Amendment to General Provisions. Amends 

Section 42(a) of the Arms Export Control Act to expressly State 

that procurements made under that Act outside the United States 

shall be made on a competitive basis. 

Section 826. Technical amendments to the Arms Export 

Control Act. Amends Section 36 of the Act to add direct reference 

to the North Atlantic Treaty Organization. 

Section 827. Sense of Congress on Licensing under United 

States Arms Export Control Programs. Encourages the President to develop a new framework for licensing under arms export 

control programs. 

Section 828. Extension of War Reserve Stockpile Authority. Extends existing authorities through 2021. 

Section 829. Peacekeeping Operations and Other National 

Security Programs. Amends Section 551 of the Foreign Assistance Act of 1961 to authorize assistance to enhance the capacity of 

foreign civilian security forces to participate in peacekeeping and 

counterterrorism operations. Provides notwithstanding authority to 


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use any funds appropriated for peacekeeping operations to be used 

to disarm, demobilize, and reintegrate into civilian society former 

members of foreign terrorist organizations. Also encourages promotion of greater participation of women in such peacekeeping operations. Establishes a notification requirement prior to obligation 

of funds for peacekeeping operations purposes. 

Section 830. Other Amendments to Military Assistance Authorities. Amends the Foreign Assistance Act of 1961 to expressly 

include regional and international organizations as eligible recipients. Amends Section 620M of the Foreign Assistance Act of 1961 

to clarify that public reporting may only be limited if disclosure 

would endanger the safety of human resources or reveal sensitive 

intelligence sources and methods, and to require an annual report 

on a vetting process for security forces of foreign countries to receive assistance. 

Section 831. Repeal of Reports. Repeals Annual Report on 

World Military Expenditures and Arms Transfers; Annual Report 

relating to the Commission on Security and Cooperation in Europe; 

and Report on Assistance relating to International Terrorism. 

Section 832. Defense trade controls registration fees. Permits the Department to use registration fees to support management, licensing, compliance, and policy activities related to defense 

trade controls. 

Section 833. Withholding of assistance to units of foreign 

security forces that engaged in sexual exploitation or abuse 

in peacekeeping operations. Makes permanent an annual authorization withholding funds from government units credibly alleged to have engaged in such activities. 

Section 834. Modification to limitations on assistance relating to human rights. Amends the restriction in Section 620M 

of the Foreign Assistance Act of 1961 on assistance to security 

forces of a foreign country if the Secretary has credible information 

that such unit has committed a gross violation of human rights; expands the restriction to any joint operation involving such unit, 

and expands its application to include any act constituting a war 

crime as defined in section 2441 of Title 18 of U.S. Code. 

Subtitle C — Studies on Authorities and Programs 

Section 841. Requirement for Study by Bureau of International Narcotics and Law Enforcement Affairs. Requires 

the INL Bureau to submit to Congress a repot on all existing programs, and their statutory authorities, that provide training, advice, equipment, and other support to eligible foreign civilian security forces and institutions. 

Section 842. Requirement for Independent Study of Existing Security Assistance Authorities. Requires the Secretary to 

use an independent research entity to study the history, evolution, 

and original intent of existing security sector authorities, and to 

provide recommendations for updating those authorities. 

TITLE IX — MISCELLANEOUS

Section 901. Case-Zablocki Act Reform. Requires each department or agency that enters into international agreements on 

behalf of the United States to designate an officer responsible for 


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transmitting the text of those agreements to the State Department 

within 20 days of signing. 

Section 902. Limitation on assistance to countries in default. Makes permanent long-standing limitation previously included in annual appropriations acts regarding types of assistance 

that can be provided to countries in default. 

Section 903. Prohibition on assistance to governments 

supporting international terrorism. Makes permanent a longstanding prohibition previously included in annual appropriations 

acts on assistance to governments that support international terrorism. 

Section 904. Establishing a coordinator for ISIS detainee 

issues. Permits the President to designate an existing State Department official to serve as senior-level coordinator on ISIS detainee issues within the US Government and with other countries 

and international organizations. 

Section 905. Sean and David Goldman Child Abduction 

Prevention and Return Act of 2014 amendment. Adds metrics 

—specifically, the number of children involved in cases and the 

number of pending cases —to an annual report the Secretary is required to provide to Congress pursuant to the Sean and David 

Goldman Child Abduction Prevention and Return Act. 

Section 906. Modification of authorities of Commission for 

the Reservation of America’s Heritage abroad. Amends an authority to advocate for and fund preservation of sites of historical 

significance to American’s heritage abroad to add the purpose of 

seeking unimpeded access to those sites. Establishes the Committee on Foreign Affairs of the House of Representatives and the 

Committee on Foreign Relations of the Senate as recipients of the 

Commission’s regular reporting and requires a one-time report 

from the Commission evaluating its capacity to continue its current 

activities in the event the geographic mandate of the commission 

were to be expanded. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, 

and existing law in which no change is proposed is shown in 

roman): 

STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956 

* * * * * * * 

TITLE I—BASIC AUTHORITIES GENERALLY 

ORGANIZATION OF THE DEPARTMENT OF STATE

SECTION 1. (a) SECRETARY OF STATE.— (1) The Department of State shall be administered, in accordance with this Act and other provisions of law, under the 

supervision and direction of the Secretary of State (hereinafter 

referred to as the ‘‘Secretary’’). 


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(2) The Secretary, the Deputy Secretary of State, and the 

Deputy Secretary of State for Management and Resources shall 

be appointed by the President, by and with the advice and consent of the Senate. 

(3)(A) Notwithstanding any other provision of law and except 

as provided in this section, the Secretary shall have and exercise any authority vested by law in any office or official of the 

Department of State. The Secretary shall administer, coordinate, and direct the Foreign Service of the United States and 

the personnel of the Department of State, except where authority is inherent in or vested in the President. 

(B)(i) The Secretary shall not have the authority of the Inspector General or the Chief Financial Officer. 

(ii) The Secretary shall not have any authority given expressly to diplomatic or consular officers. 

(4) The Secretary is authorized to promulgate such rules and 

regulations as may be necessary to carry out the functions of 

the Secretary of State and the Department of State. Unless 

otherwise specified in law, the Secretary may delegate authority to perform any of the functions of the Secretary or the Department to officers and employees under the direction and supervision of the Secretary. The Secretary may delegate the authority to redelegate any such functions. 

(b) UNDER SECRETARIES.— 

(1) IN GENERAL.—There shall be in the Department of State 

not more than 6 Under Secretaries of State, who shall be appointed by the President, by and with the advice and consent 

of the Senate, and who shall be compensated at the rate provided for at level III of the Executive Schedule under section 

5314 of title 5, United States Code. 

(2) UNDER SECRETARY FOR ARMS CONTROL AND INTERNATIONAL SECURITY.—There shall be in the Department of 

State, among the Under Secretaries authorized by paragraph 

(1), an Under Secretary for Arms Control and International Security, who shall assist the Secretary and the Deputy Secretary 

in matters related to international security policy, arms control, and nonproliferation. Subject to the direction of the President, the Under Secretary may attend and participate in meetings of the National Security Council in his role as Senior Advisor to the President and the Secretary of State on Arms Control and Nonproliferation Matters. 

(3) UNDER SECRETARY FOR PUBLIC DIPLOMACY.—There shall 

be in the Department of State, among the Under Secretaries 

authorized by paragraph (1), an Under Secretary for Public Diplomacy, who shall have primary responsibility to assist the 

Secretary and the Deputy Secretary in the formation and implementation of United States public diplomacy policies and activities, including international educational and cultural exchange programs, information, and international broadcasting. 

The Under Secretary for Public Diplomacy shall— 

(A) prepare an annual strategic plan for public diplomacy in collaboration with overseas posts and in consultation with the regional and functional bureaus of the Department; 


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(B) ensure the design and implementation of appropriate 

program evaluation methodologies; 

(C) provide guidance to Department personnel in the 

United States and overseas who conduct or implement 

public diplomacy policies, programs, and activities; 

(D) assist the United States Agency for International 

Development and the Broadcasting Board of Governors to 

present the policies of the United States clearly and effectively; and 

(E) submit statements of United States policy and editorial material to the Broadcasting Board of Governors for 

broadcast consideration. 

(4) NOMINATION OF UNDER SECRETARIES.—Whenever the 

President submits to the Senate a nomination of an individual 

for appointment to a position in the Department of State that 

is described in paragraph (1), the President shall designate the 

particular Under Secretary position in the Department of State 

that the individual shall have. 

(c) ASSISTANT SECRETARIES.— 

(1) IN GENERAL.—There shall be in the Department of State 

not more than 24 Assistant Secretaries of State who shall be 

compensated at the rate provided for at level IV of the Executive Schedule under section 5315 of title 5. Each Assistant Secretary of State shall be appointed by the President, by and 

with the advice and consent of the Senate, except that the appointments of the Assistant Secretary for Public Affairs and 

the Assistant Secretary for Administration shall not be subject 

to the advice and consent of the Senate. 

(2) ASSISTANT SECRETARY OF STATE FOR DEMOCRACY, HUMAN

RIGHTS, AND LABOR.—(A) There shall be in the Department of 

State an Assistant Secretary of State for Democracy, Human 

Rights, and Labor who shall be responsible to the Secretary of 

State for matters pertaining to human rights and humanitarian affairs (including matters relating to prisoners of war 

and members of the United States Armed Forces missing in action) in the conduct of foreign policy and such other related duties as the Secretary may from time to time designate. The 

Secretary of State shall carry out the Secretary’s responsibility 

under section 502B of the Foreign Assistance Act of 1961 

through the Assistant Secretary. All special envoys, ambassadors, and coordinators located within the Bureau of Democracy, Human Rights, and Labor shall report directly to the Assistant Secretary. 

(B) The Assistant Secretary of State for Democracy, Human 

Rights, and Labor shall maintain continuous observation and 

review all matters pertaining to human rights and humanitarian affairs (including matters relating to prisoners of war 

and members of the United States Armed Forces missing in action) in the conduct of foreign policy including the following: 

(i) Gathering detailed information regarding humanitarian affairs and the observance of and respect for internationally recognized human rights in each country to 

which requirements of sections 116 and 502B of the Foreign Assistance Act of 1961 are relevant. 


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(ii) Preparing the statements and reports to Congress required under øsection¿ sections 116 and 502B of the Foreign Assistance Act of 1961 (commonly referred to as the 

annual ‘‘Country Reports on Human Rights Practices’’). (iii) Making recommendations to the Secretary of State 

and the Administrator of the Agency for International Development regarding compliance with sections 116 and 

502B of the Foreign Assistance Act of 1961, and as part of 

the Assistant Secretary’s overall policy responsibility for 

the creation of United States Government human rights 

policy, advising the Administrator of the Agency for International Development on the policy framework under 

which section 116(e) projects are developed and consulting 

with the Administrator on the selection and implementation of such projects. 

(iv) Performing other responsibilities which serve to promote increased observance of internationally recognized 

human rights by all countries. 

(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 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 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) EFFICIENCY.—The Assistant Secretary for Democracy, 

Human Rights, and Labor shall take whatever actions may be 

necessary to minimize the duplication of efforts within the Bureau of Democracy, Human Rights, and Labor. 


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(E) LOCAL OVERSIGHT.—United States missions, 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. 

(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, anticrime, 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, all forms of transnational organized crime, including illicit trafficking in human 

beings, 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 


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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 

Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate that United 

States law enforcement personnel posted abroad whose 

activities are funded to any extent by the Bureau of 

International Narcotics and Law Enforcement Affairs 

are complying with section 207 of the Foreign Service 

Act of 1980 (22 U.S.C. 3927); and 

(v) carry out such other relevant duties as the Secretary may assign. 

(4) ENERGY RESOURCES.— 

(A) AUTHORIZATION FOR ASSISTANT SECRETARY.—Subject 

to the numerical limitation specified in paragraph (1), there 

is authorized to be established in the Department of State 

an Assistant Secretary of State for Energy Resources. 

(B) PERSONNEL.—The Secretary of State shall ensure 

that there are sufficient personnel dedicated to energy matters within the Department of State 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; and 

(v) working internationally to— 


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(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; 

(VII) coordinating within the Department and 

with relevant Federal departments and agencies on 

developing and implementing international energyrelated sanctions; and 

(VIII) 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. 

ø(3)¿ (5) NOMINATION OF ASSISTANT SECRETARIES.—Whenever the President submits to the Senate a nomination of an 

individual for appointment to a position in the Department of 

State that is described in paragraph (1), the President shall 

designate the regional or functional bureau or bureaus of the 

Department of State with respect to which the individual shall 

have responsibility. 

(d) OTHER SENIOR OFFICIALS.—In addition to officials of the Department of State who are otherwise authorized to be appointed by 

the President, by and with the advice and consent of the Senate, 

and to be compensated at level IV of the Executive Schedule of section 5315 of title 5, United States Code, four other such appointments are authorized. 

(e) COORDINATOR FOR COUNTERTERRORISM.— 

(1) IN GENERAL.—There is within the office of the Secretary 

of State a Coordinator for Counterterrorism (in this paragraph 

referred to as the ‘‘Coordinator’’) who shall be appointed by the 

President, by and with the advice and consent of the Senate. 

(2) DUTIES.— (A) IN GENERAL.—The Coordinator shall perform such 

duties and exercise such powers as the Secretary of State 

shall prescribe. 


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(B) DUTIES DESCRIBED.—The principal duty of the Coordinator shall be the overall supervision (including policy 

oversight of resources) of international counterterrorism 

activities. The Coordinator shall be the principal adviser to 

the Secretary of State on international counterterrorism 

matters. The Coordinator shall be the principal counterterrorism official within the senior management of the Department of State and shall report directly to the Secretary of State. 

(3) RANK AND STATUS OF AMBASSADOR.—The Coordinator 

shall have the rank and status of Ambassador at Large. 

(f) HIV/AIDS RESPONSE COORDINATOR.— (1) IN GENERAL.—There shall be established within the Department of State in the immediate office of the Secretary of 

State a Coordinator of United States Government Activities to 

Combat HIV/AIDS Globally, who shall be appointed by the 

President, by and with the advice and consent of the Senate. 

The Coordinator shall report directly to the Secretary. 

(2) AUTHORITIES AND DUTIES; DEFINITIONS.— (A) AUTHORITIES.—The Coordinator, acting through such 

nongovernmental organizations (including faith-based and 

community-based organizations), partner country finance, 

health, and other relevant ministries, and relevant executive branch agencies as may be necessary and appropriate 

to effect the purposes of this section, is authorized— 

(i) to operate internationally to carry out prevention, 

care, treatment, support, capacity development, and 

other activities for combatting HIV/AIDS; 

(ii) to transfer and allocate funds to relevant executive branch agencies; and 

(iii) to provide grants to, and enter into contracts 

with, nongovernmental organizations (including faithbased and community-based organizations), partner 

country finance, health, and other relevant ministries, 

to carry out the purposes of section. 

(B) DUTIES.— (i) IN GENERAL.—The Coordinator shall have primary responsibility for the oversight and coordination 

of all resources and international activities of the 

United States Government to combat the HIV/AIDS 

pandemic, including all programs, projects, and activities of the United States Government relating to the 

HIV/AIDS pandemic under the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act 

of 2003 or any amendment made by that Act. 

(ii) SPECIFIC DUTIES.—The duties of the Coordinator 

shall specifically include the following: 

(I) Ensuring program and policy coordination 

among the relevant executive branch agencies and 

nongovernmental organizations, including auditing, monitoring, and evaluation of all such programs. 

(II) Ensuring that each relevant executive 

branch agency undertakes programs primarily in 

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pertise, technical capabilities, and potential for 

success. 

(III) Avoiding duplication of effort. 

(IV) Establishing an interagency working group 

on HIV/AIDS headed by the Global AIDS Coordinator and comprised of representatives from the 

United States Agency for International Development and the Department of Health and Human 

Services, for the purposes of coordination of activities relating to HIV/AIDS, including— 

(aa) meeting regularly to review progress in 

partner countries toward HIV/AIDS prevention, treatment, and care objectives; 

(bb) participating in the process of identifying countries to consider for increased assistance based on the epidemiology of HIV/ 

AIDS in those countries, including clear evidence of a public health threat, as well as government commitment to address the HIV/ 

AIDS problem, relative need, and coordination 

and joint planning with other significant actors; 

(cc) assisting the Coordinator in the evaluation, execution, and oversight of country operational plans; 

(dd) reviewing policies that may be obstacles to reaching targets set forth for HIV/ 

AIDS prevention, treatment, and care; and 

(ee) consulting with representatives from 

additional relevant agencies, including the 

National Institutes of Health, the Health Resources and Services Administration, the Department of Labor, the Department of Agriculture, the Millennium Challenge Corporation, the Peace Corps, and the Department of 

Defense. 

(V) Coordinating overall United States HIV/ 

AIDS policy and programs, including ensuring the 

coordination of relevant executive branch agency 

activities in the field, with efforts led by partner 

countries, and with the assistance provided by 

other relevant bilateral and multilateral aid agencies and other donor institutions to promote harmonization with other programs aimed at preventing and treating HIV/AIDS and other health 

challenges, improving primary health, addressing 

food security, promoting education and development, and strengthening health care systems. 

(VI) Resolving policy, program, and funding disputes among the relevant executive branch agencies. 

(VII) Holding annual consultations with nongovernmental organizations in partner countries 

that provide services to improve health, and advocating on behalf of the individuals with HIV/AIDS 


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94 

and those at particular risk of contracting HIV/ 

AIDS, including organizations with members who 

are living with HIV/AIDS. 

(VIII) Ensuring, through interagency and international coordination, that HIV/AIDS programs of 

the United States are coordinated with, and complementary to, the delivery of related global 

health, food security, development, and education. 

(IX) Directly approving all activities of the 

United States (including funding) relating to combatting HIV/AIDS in each of Botswana, Cote 

d’Ivoire, Ethiopia, Guyana, Haiti, Kenya, Mozambique, Namibia, Nigeria, Rwanda, South Africa, 

Tanzania, Uganda, Vietnam, Zambia, and other 

countries designated by the President, which 

other designated countries may include those 

countries in which the United States is implementing HIV/AIDS programs as of the date of the 

enactment of the United States Leadership 

Against HIV/AIDS, Tuberculosis, and Malaria Act 

of 2003 and other countries in which the United 

States is implementing HIV/AIDS programs as 

part of its foreign assistance program. In designating additional countries under this subparagraph, the President shall give priority to those 

countries in which there is a high prevalence of 

HIV or risk of significantly increasing incidence of 

HIV within the general population and inadequate 

financial means within the country. 

(X) Working with partner countries in which the 

HIV/AIDS epidemic is prevalent among injection 

drug users to establish, as a national priority, national HIV/AIDS prevention programs. 

(XI) Working with partner countries in which 

the HIV/AIDS epidemic is prevalent among individuals involved in commercial sex acts to establish, as a national priority, national prevention 

programs, including education, voluntary testing, 

and counseling, and referral systems that link 

HIV/AIDS programs with programs to eradicate 

trafficking in persons and support alternatives to 

prostitution. 

(XII) Establishing due diligence criteria for all 

recipients of funds appropriated for HIV/ AIDS assistance pursuant to the authorization of appropriations under section 401 of the United States 

Leadership Against HIV/AIDS, Tuberculosis, and 

Malaria Act of 2003 (22 U.S.C. 7671) and all activities subject to the coordination and appropriate 

monitoring, evaluation, and audits carried out by 

the Coordinator necessary to assess the measurable outcomes of such activities. 

(XIII) Publicizing updated drug pricing data to 

inform the purchasing decisions of pharmaceutical 

procurement partners. 


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(C) DEFINITIONS.—In this paragraph: 

(i) AIDS.—The term ‘‘AIDS’’ means acquired immune deficiency syndrome. 

(ii) HIV.—The term ‘‘HIV’’ means the human immunodeficiency virus, the pathogen that causes AIDS. 

(iii) HIV/AIDS.—The term ‘‘HIV/AIDS’’ means, with 

respect to an individual, an individual who is infected 

with HIV or living with AIDS. 

(iv) RELEVANT EXECUTIVE BRANCH AGENCIES.—The 

term ‘‘relevant executive branch agencies’’ means the 

Department of State, the United States Agency for 

International Development, the Department of Health 

and Human Services (including the Public Health 

Service), and any other department or agency of the 

United States that participates in international HIV/ 

AIDS activities pursuant to the authorities of such department or agency or this Act. 

(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. 

ø(g)¿ (i) QUALIFICATIONS OF CERTAIN OFFICERS OF THE DEPART- MENT OF STATE.— (1) OFFICER HAVING PRIMARY RESPONSIBILITY FOR PERSONNEL

MANAGEMENT.—The officer of the Department of State with 

primary responsibility for assisting the Secretary with respect 

to matters relating to personnel in the Department of State, or 

that officer’s principal deputy, shall have substantial professional qualifications in the field of human resource policy and 

management. 

(2) OFFICER HAVING PRIMARY RESPONSIBILITY FOR DIPLOMATIC

SECURITY.—The officer of the Department of State with primary responsibility for assisting the Secretary with respect to 

diplomatic security, or that officer’s principal deputy, shall 

have substantial professional qualifications in the fields of (A) 

management, and (B) Federal law enforcement, intelligence, or 

security. 

(3) OFFICER HAVING PRIMARY RESPONSIBILITY FOR INTERNATIONAL NARCOTICS AND LAW ENFORCEMENT.—The officer of 

the Department of State with primary responsibility for assisting the Secretary with respect to international narcotics and 

law enforcement, or that officer’s principal deputy, shall have 

substantial professional qualifications in the fields of (A) management, and (B) law enforcement or international narcotics 

policy. 

* * * * * * * 

DEFENSE TRADE CONTROLS REGISTRATION FEES

SEC. 45. For each fiscal year, 100 percent of the defense trade 

controls registration fees collected by øthe Office of Defense Trade 

Controls of¿ the Department of State shall be credited to a DepartVerDate Sep 11 2014 05:48 Jul 31, 2019 Jkt 089006 PO 00000 Frm 00095 Fmt 6659 Sfmt 6601 E:\HR\OC\HR181.XXX HR181

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ment of State account, to be available without fiscal year limitation. Fees credited to that account shall be available only for payment of expenses incurred for management, licensing, compliance, 

and policy activities in the defense trade controls function, including— (1) øcontract personnel to assist in¿ the evaluation of defense 

trade controls license applications, reduction in processing time 

for license applications, and improved monitoring of compliance 

with the terms of licenses; 

(2) the automation of defense trade control functions, including compliance and enforcement activities, and the processing 

of defense trade control license applications, including the development, procurement, and utilization of computer equipment and related software; øand¿ 

(3) the enhancement of defense trade export compliance and 

enforcement activities, including compliance audits of United 

States and foreign parties, the conduct of administrative proceedings, monitoring of end-uses in cases of direct commercial 

arms sales or other transfers, and cooperation in proceedings 

for enforcement of criminal laws related to defense trade export controlsø.¿; 

(4) the facilitation of defense trade policy development and 

implementation, review of commodity jurisdiction determinations, public outreach to industry and foreign parties, and analysis of scientific and technological developments as they relate 

to the exercise of defense trade control authorities; and 

(5) contract personnel to assist in such activities. 

* * * * * * * 

SEC. 64. UNITED STATES DIPLOMACY CENTER. 

(a) ACTIVITIES.— (1) SUPPORT AUTHORIZED.—The Secretary of State is authorized to provide, by contract, grant, or otherwise, for the performance of appropriate museum visitor and educational outreach 

services and related events, including organizing programs and 

conference activities, museum shop services and food services in 

the public exhibition and related space utilized by the center for 

United States diplomacy. 

(2) RECOVERY OF COSTS.—The Secretary of State is authorized to recover any revenues generated under the authority of 

paragraph (1) for visitor and outreach services and related 

events referred to in such paragraph, including fees for use of 

facilities at a center for United States diplomacy. Any such revenues may be retained as a recovery of the costs of operating the 

Center. 

(b) DISPOSITION OF UNITED STATES DIPLOMACY CENTER 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 center for United States diplomacy shall be considered to be 

the property of the United States Government and shall be subject to disposition solely in accordance with this subsection. 

(2) SALE, TRADE, OR TRANSFER.—Whenever the Secretary of 

State makes the determination described in paragraph (3) with 


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respect to a document, artifact, or other article under paragraph (1), the Secretary may sell at fair market value, trade, or 

transfer such document, artifact, or other article without regard 

to the requirements of subtitle I of title 40, United States Code. 

The proceeds of any such sale may be used solely for the advancement of the mission of the center for United States diplomacy and may not be used for any purpose other than the acquisition and direct care of the collections of the center. 

(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 center for United 

States diplomacy as set forth in the collections management 

policy of the center; 

(B) the sale, trade, or transfer of such document, artifact, 

or other article would serve to maintain the standards of 

the collection of the center; or 

(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 center for United 

States diplomacy to the Smithsonian Institution or a similar institution for repair, study, or exhibition. 

* * * * * * * 

TITLE IV—FOREIGN RELATIONS OF THE 

UNITED STATES HISTORICAL SERIES 

SEC. 401. GENERAL AUTHORITY AND CONTENTS OF PUBLICATION. 

(a) CHARTER OF THE PUBLICATION.—The Department of State 

shall continue to publish the ‘‘Foreign Relations of the United 

States historical series’’ (hereafter in this title referred to as the 

‘‘FRUS series’’), which shall be a thorough, accurate, and reliable 

documentary record of major United States foreign policy decisions 

and significant United States diplomatic activity. Volumes of this 

publication shall include all records needed to provide a comprehensive documentation of the major foreign policy decisions and 

actions of the United States Government, including the facts which 

contributed to the formulation of policies and records providing 

supporting and alternative views to the policy position ultimately 

adopted. 

(b) EDITING PRINCIPLES.—The editing of records for preparation 

of the FRUS series shall be guided by the principles of historical 

objectivity and accuracy. Records shall not be altered and deletions 

shall not be made without indicating in the published text that a 

deletion has been made. The published record shall omit no facts 


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which were of major importance in reaching a decision, and nothing shall be omitted for the purpose of concealing a defect of policy. 

(c) DEADLINE FOR PUBLICATION OF RECORDS.—The Secretary of 

State shall ensure that the FRUS series shall be published not 

more than ø30¿ 25 years after the events recorded. 

SEC. 402. RESPONSIBILITY FOR PREPARATION OF THE FRUS SERIES. 

(a) IN GENERAL.— (1)(A) The Historian of the Department of State shall be responsible for the preparation of the FRUS series, including the 

selection of records, in accordance with the provisions of this 

title. 

(B) The Advisory Committee on Historical Diplomatic Documentation shall review records, and shall advise and make recommendations to the Historian concerning all aspects of preparation and publication of the FRUS series, including, in accordance with the procedures contained in section 403, the review 

and selection of records for inclusion in volumes of the series. 

(2) Other departments, agencies, and other entities of the 

United States Government shall cooperate with the Office of 

the Historian by providing full and complete access to the 

records pertinent to United States foreign policy decisions and 

actions and by providing copies of selected records in accordance with the procedures developed under section 403, except 

that no access to any record, and no provision of any copy of 

a record, shall be required in the case of any record that was 

prepared less than ø26¿ 20 years before the date of a request 

for such access or copy made by the Office of the Historian. 

(b) NATIONAL ARCHIVES AND RECORDS ADMINISTRATION.—Notwithstanding any other provision of this title, the requirement for 

the National Archives and Records Administration to provide access to, and copies of, records to the Department of State for the 

FRUS series shall be governed by chapter 21 of title 44, United 

States Code, by any agreement concluded between the Department 

of State and the National Archives and Records Administration, 

and, in the case of Presidential records, by section 2204 of such 

title. 

* * * * * * * 

SEC. 404. DECLASSIFICATION OF STATE DEPARTMENT RECORDS. 

(a) DEADLINE FOR DECLASSIFICATION.— 

(1) Except as provided in subsection (b), each classified 

record of permanent historical value (as determined by the Secretary of State and the Archivist of the United States) which 

was published, issued, or otherwise prepared by the Department of State (or any officer or employee thereof acting in an 

official capacity) shall be declassified not later than ø30¿ 25 

years after the record was prepared, shall be transferred to the 

National Archives and Records Administration, and shall be 

made available at the National Archives for public inspection 

and copying. 

(2) Nothing in this subsection may be construed to require 

the declassification of a record wholly prepared by a foreign 

government. 

(b) EXEMPTED RECORDS.—Subsection (a) shall not apply to any 

record (or portion thereof) the publication of which the Secretary of 


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State, in coordination with any agency that originated information 

in the records, determines— 

(1) would compromise weapons technology important to the 

national defense of the United States or reveal sensitive information relating to the design of United States or foreign military equipment or relating to United States cryptologic systems or activities; 

(2) would disclose the names or identities of living persons 

who provided confidential information to the United States and 

would pose a substantial risk of harm to such persons; 

(3) would demonstrably impede current diplomatic negotiations or other ongoing official activities of the United States 

Government or would demonstrably impair the national security of the United States; or 

(4) would disclose matters that are related solely to the internal personnel rules and practices of the Department of State 

or are contained in personnel, medical, or similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. 

(c) REVIEW.— 

(1) The Advisory Committee shall review— 

(A) the State Department’s declassification procedures, 

(B) all guidelines used in declassification, including 

those guidelines provided to the National Archives and 

Records Administration which are in effect on the date of 

enactment of this title, and 

(C) by random sampling, records representative of all 

Department of State records published, issued, or otherwise prepared by the Department of State that remain 

classified after ø30¿ 25 years. 

(2) In the event that the Secretary of State considers it necessary to deny access to records under paragraph (1)(C), the 

Secretary shall notify the Advisory Committee in writing, describing the nature of the records in question and the justification for withholding them. 

(d) ANNUAL REPORTS BY THE ADVISORY COMMITTEE.—The Advisory Committee shall annually submit to the Secretary of State and 

to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives 

a report setting forth its findings from the review conducted under 

subsection (c). 

(e) ANNUAL REPORTS BY THE SECRETARY.— 

(1) IN GENERAL.—Not later than March 1 of each year, the 

Secretary shall submit a report to the Committee on Foreign 

Relations of the Senate and the Committee on International 

Relations of the House of Representatives on the compliance of 

the Department of State with the provisions of this title, including— 

(A) the volumes published in the previous calendar year; 

(B) the degree to which the Department is not in compliance with the deadline set forth in section 401(c); and 

(C) the factors relevant to the inability of the Department to comply with the provisions of this title, including 

section 401(c). 


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(2) FORM OF REPORTS.—Each report required to be submitted 

by paragraph (1) shall be submitted in unclassified form, together with a classified annex if necessary. 

* * * * * * * 

FOREIGN ASSISTANCE ACT OF 1961 

* * * * * * * 

TITLE XII—FAMINE PREVENTION AND FREEDOM FROM 

HUNGER 

* * * * * * * 

CHAPTER 8—INTERNATIONAL NARCOTICS CONTROL

* * * * * * * 

SEC. 489. REPORTING REQUIREMENTS. 

(a) INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT.—Not 

later than March 1 of each year, the President shall transmit to 

the Speaker of the House of Representatives, and to the Committee 

on Foreign Relations of the Senate, a report containing the following: 

(1) For each country that received assistance under this 

chapter for either of the 2 preceding fiscal years, a report on 

the extent to which the country has— 

(A) met the goals and objectives of the United Nations 

Convention Against Illicit Traffic in Narcotic Drugs and 

Psychotropic Substances, including action on such issues 

as illicit cultivation, production, distribution, sale, transport, and financing, and money laundering, asset seizure, 

extradition, mutual legal assistance, law enforcement and 

transit cooperation, precursor chemical control, and demand reduction; 

(B) accomplished the goals described in an applicable bilateral narcotics agreement with the United States or a 

multilateral agreement; and 

(C) taken legal and law enforcement measures to prevent and punish public corruption, especially by senior 

government officials, that facilitates the production, processing, or shipment of narcotic and psychotropic drugs and 

other controlled substances, or that discourages the investigation or prosecution of such acts. 

(2)(A) A description of the policies adopted, agreements concluded, and programs implemented by the Department of State 

in pursuit of its delegated responsibilities for international narcotics control, including appropriate information on the status 

of negotiations between the United States and other countries 

on updated extradition treaties, mutual legal assistance treaties, precursor chemical controls, money laundering, and agreements pursuant to section 2015 of the International Narcotics 

Act of 1986 (relating to interdiction procedures for vessels of 

foreign registry). 

(B) Information on multilateral and bilateral strategies with 

respect to money laundering pursued by the Department of 


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State, the Department of Justice, the Department of the Treasury, and other relevant United States Government agencies, either collectively or individually, to ensure the cooperation of 

foreign governments with respect to narcotics-related money 

laundering and to demonstrate that all United States Government agencies are pursuing a common strategy with respect to 

major money laundering countries. The report shall include 

specific detail to demonstrate that all United States Government agencies are pursuing a common strategy with respect to 

achieving international cooperation against money laundering 

and are pursuing a common strategy with respect to major 

money laundering countries, including a summary of United 

States objectives on a country-by-country basis. 

(3) The identity of those countries which are— 

(A) major illicit drug producing countries or major drugtransit countries as determined under section 490(h); 

(B) major sources of precursor chemicals used in the production of illicit narcotics; or 

(C) major money laundering countries. 

(4) In addition, for each country identified pursuant to paragraph (3), the following: 

(A) A description of the plans, programs, and timetables 

adopted by such country, including efforts to meet the objectives of the United Nations Convention Against Illicit 

Traffic in Narcotic Drugs and Psychotropic Substances, 

and a discussion of the adequacy of the legal and law enforcement measures taken and the accomplishments 

achieved in accord with those plans. 

(B) Whether as a matter of government policy or practice, such country encourages or facilitates the illicit production or distribution of narcotic or psychotropic drugs or 

other controlled substances or the laundering of proceeds 

from illegal drug transactions; and whether any senior official of the government of such country engages in, encourages, or facilitates the illicit production or distribution of 

such drugs or substances, or the laundering of proceeds 

from illegal drug transactions. 

(5) In addition, for each country identified pursuant to paragraph (3)(A) or (3)(B), a detailed status report, with such information as can be reliably obtained, on the narcotic or psychotropic drugs or other controlled substances which are being cultivated, produced, or processed in or transported through such 

country, noting significant changes in conditions, such as increases or decreases in the illicit cultivation and manufacture 

of and traffic in such drugs and substances. 

(6) In addition, for those countries identified pursuant to 

paragraph (3)(C)— 

(A) which countries are parties to international agreements on a method for maintaining records of transactions 

of an established list of precursor and essential chemicals; 

(B) which countries have established a procedure by 

which such records may be made available to United 

States law enforcement authorities; and 

(C) which countries have enacted national chemical control legislation which would impose specific recordkeeping 


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and reporting requirements for listed chemicals, establish 

a system of permits or declarations for imports and exports 

of listed chemicals, and authorize government officials to 

seize or suspend shipments of listed chemicals. 

(7) In addition, for those countries identified pursuant to 

paragraph (3)(D) the following: 

(A)(i) Which countries have financial institutions engaging in currency transactions involving international narcotics trafficking proceeds that include significant amounts 

of United States currency or currency derived from illegal 

drug sales in the United States or that otherwise significantly affect the United States; 

(ii) which countries identified pursuant to clause (i) have 

not reached agreement with the United States authorities 

on a mechanism for exchanging adequate records in connection with narcotics investigations and proceedings; and 

(iii) which countries identified pursuant to clause (ii)— 

(I) are negotiating in good faith with the United 

States to establish such a record-exchange mechanism, 

or 

(II) have adopted laws or regulations that ensure 

the availability to appropriate United States Government personnel and those of other governments of adequate records in connection with narcotics investigations and proceedings. 

(B) Which countries— 

(i) have ratified the United Nations Convention 

Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances and are taking steps to implement 

that Convention and other applicable agreements and 

conventions such as the recommendations of the Financial Action Task Force, the policy directive of the 

European Community, the legislative guidelines of the 

Organization of American States, and other similar 

declarations; and 

(ii) have entered into bilateral agreements for the 

exchange of information on money-laundering with 

countries other than the United States. 

(C) Findings on each country’s adoption of law and regulations considered essential to prevent narcotics-related 

money laundering. Such findings shall include whether a 

country has— 

(i) criminalized narcotics money laundering; 

(ii) required banks and other financial institutions 

to know and record the identity of customers engaging 

in significant transactions, including the recording of 

large currency transactions at thresholds appropriate 

to that country’s economic situation; 

(iii) required banks and other financial institutions 

to maintain, for an adequate time, records necessary 

to reconstruct significant transactions through financial institutions in order to be able to respond quickly 

to information requests from appropriate government 

authorities in narcotics-related money laundering 

cases; 


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(iv) required or allowed financial institutions to report suspicious transactions; 

(v) established systems for identifying, tracing, 

freezing, seizing, and forfeiting narcotics-related assets; 

(vi) enacted laws for the sharing of seized narcotics 

assets with other governments; 

(vii) cooperated, when requested, with appropriate 

law enforcement agencies of other governments investigating financial crimes related to narcotics; and 

(viii) addressed the problem on international transportation of illegal-source currency and monetary instruments. 

The report shall also detail instances of refusals to cooperate 

with foreign governments, and any actions taken by the United 

States Government and any international organization to address such obstacles, including the imposition of sanctions or 

penalties. 

(8)(A) A separate section that contains the following: 

(i) An identification of the five countries that exported 

the largest amount of pseudoephedrine, ephedrine, and 

phenylpropanolamine (including the salts, optical isomers, 

or salts of optical isomers of such chemicals, and also including any products or substances containing such chemicals) during the preceding calendar year. 

(ii) An identification of the five countries that imported 

the largest amount of the chemicals described in clause (i) 

during the preceding calendar year and have the highest 

rate of diversion of such chemicals for use in the illicit production of methamphetamine (either in that country or in 

another country). 

(iii) An economic analysis of the total worldwide production of the chemicals described in clause (i) as compared to 

the legitimate demand for such chemicals worldwide. 

(B) The identification of countries that imported the largest 

amount of chemicals under subparagraph (A)(ii) shall be based 

on the following: 

(i) An economic analysis that estimates the legitimate 

demand for such chemicals in such countries as compared 

to the actual or estimated amount of such chemicals that 

is imported into such countries. 

(ii) The best available data and other information regarding the production of methamphetamine in such countries and the diversion of such chemicals for use in the 

production of methamphetamine. 

(9) 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. 

(b) ANNUAL REPORTS ON ASSISTANCE.— (1) IN GENERAL.—At the time that the report required by 

subsection (a) is submitted each year, the Secretary of State, 

in consultation with appropriate United States Government 


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agencies, shall report to the appropriate committees of the 

Congress on the assistance provided or proposed to be provided 

by the United States Government during the preceding fiscal 

year, the current fiscal year, and the next fiscal year to support international efforts to combat illicit narcotics production 

or trafficking. 

(2) INFORMATION TO BE INCLUDED.—Each report pursuant to 

this subsection shall— 

(A) specify the amount and nature of the assistance provided or to be provided; 

(B) include, for each country identified in subsection 

(a)(3)(A), information from the Drug Enforcement Administration, the Customs Service, and the Coast Guard describing in detail— 

(i) the assistance provided or to be provided to such 

country by that agency, and 

(ii) the assistance provided or to be provided to that 

agency by such country, 

with respect to narcotic control efforts during the preceding fiscal year, the current fiscal year, and the next fiscal year; and 

(C) list all transfers, which were made by the United 

States Government during the preceding fiscal year, to a 

foreign country for narcotics control purposes of any property seized by or otherwise forfeited to the United States 

Government in connection with narcotics-related activity, 

including an estimate of the fair market value and physical condition of each item of property transferred. 

* * * * * * * 

PART II 

CHAPTER 1—POLICY 

* * * * * * * 

SEC. 502B. HUMAN RIGHTS.—(a)(1) The United States shall, in 

accordance with its international obligations as set forth in the 

Charter of the United Nations and in keeping with the constitutional heritage and traditions of the United States, promote and 

encourage increased respect for human rights and fundamental 

freedoms throughout the world without distinction as to race, sex, 

language, or religion. Accordingly, a principal goal of the foreign 

policy of the United States shall be to promote the increased observance of internationally recognized human rights by all countries. 

(2) Except under circumstances specified in this section, no security assistance may be provided to any country the government of 

which engages in a consistent pattern of gross violations of internationally recognized human rights. Security assistance may not be 

provided to the police, domestic intelligence, or similar law enforcement forces of a country, and licenses may not be issued under the 

Export Administration Act of 1979 for the export of crime control 

and detection instruments and equipment to a country, the government of which engages in a consistent pattern of gross violations 

of internationally recognized human rights unless the President 


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certifies in writing to the Speaker of the House of Representatives 

and the chairman of the Committee on Foreign Relations of the 

Senate and the chairman of the Committee on Banking, Housing, 

and Urban Affairs of the Senate (when licenses are to be issued 

pursuant to the Export Administration Act of 1979), that extraordinary circumstances exist warranting provision of such assistance 

and issuance of such licenses. Assistance may not be provided 

under chapter 5 of this part to a country the government of which 

engages in a consistent pattern of gross violations of internationally recognized human rights unless the President certifies in writing to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate that extraordinary circumstances exist warranting provision of such assistance. 

(3) In furtherance of paragraphs (1) and (2), the President is directed to formulate and conduct international security assistance 

programs of the United States in a manner which will promote and 

advance human rights and avoid identification of the United 

States, through such programs, with governments which deny to 

their people internationally recognized human rights and fundamental freedoms, in violation of international law or in contravention of the policy of the United States as expressed in this section 

or otherwise. 

(4) In determining whether the government of a country engages 

in a consistent pattern of gross violations of internationally recognized human rights, the President shall give particular consideration to whether the government— 

(A) has engaged in or tolerated particularly severe violations 

of religious freedom, as defined in section 3 of the International Religious Freedom Act of 1998; or 

(B) has failed to undertake serious and sustained efforts to 

combat particularly severe violations of religious freedom when 

such efforts could have been reasonably undertaken. 

(b) The Secretary of State shall transmit to the Congress, as part 

of the presentation materials for security assistance programs proposed for each fiscal year, a full and complete report, prepared with 

the assistance of the Assistant Secretary of State for Democracy, 

Human Rights, and Labor and with the assistance of the Ambassador at Large for International Religious Freedom, with respect to 

practices regarding the observance of and respect for internationally recognized human rights in each country proposed as a recipient of security assistance. Wherever applicable, such report shall 

include consolidated information regarding the commission of war 

crimes, crimes against humanity, and evidence of acts that may 

constitute genocide (as defined in article 2 of the Convention on the 

Prevention and Punishment of the Crime of Genocide and modified 

by the United States instrument of ratification to that convention 

and section 2(a) of the Genocide Convention Implementation Act of 

1987). Wherever applicable, such report shall include information 

on practices regarding coercion in population control, including coerced abortion and involuntary sterilization. Such report shall also 

include, wherever applicable, information on violations of religious 

freedom, including particularly severe violations of religious freedom (as defined in section 3 of the International Religious Freedom 

Act of 1998). Wherever applicable, such report shall include a deVerDate Sep 11 2014 05:48 Jul 31, 2019 Jkt 089006 PO 00000 Frm 00105 Fmt 6659 Sfmt 6601 E:\HR\OC\HR181.XXX HR181

SSpencer on DSKBBXCHB2PROD with REPORTS
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scription of the nature and extent of acts of anti-Semitism and 

anti-Semitic incitement that occur, including the descriptions of 

such acts required under section 116(d)(8). Such report shall also 

include, for each country with respect to which the report indicates 

that extrajudicial killings, torture, or other serious violations of 

human rights have occurred in the country, the extent to which the 

United States has taken or will take action to encourage an end 

to such practices in the country. Each report under this section 

shall list the votes of each member of the United Nations Commission on Human Rights on all country-specific and thematic resolutions voted on at the Commission’s annual session during the period covered during the preceding year. Each report under this section shall describe the extent to which each country has extended 

protection to refugees, including the provision of first asylum and 

resettlement. Each report under this section shall also include (i) 

wherever applicable, a description of the nature and extent of the 

compulsory recruitment and conscription of individuals under the 

age of 18 by armed forces of the government of the country, government-supported paramilitaries, or other armed groups, the participation of such individuals in such groups, and the nature and extent that such individuals take a direct part in hostilities, (ii) what 

steps, if any, taken by the government of the country to eliminate 

such practices, and (iii) such other information related to the use 

by such government of individuals under the age of 18 as soldiers, 

as determined to be appropriate by the Secretary of State. In determining whether a government falls within the provisions of subsection (a)(3) and in the preparation of any report or statement required under this section, consideration shall be given to— 

(1) the relevant findings of appropriate international organizations, including nongovernmental organizations, such as the 

International Committee of the Red Cross; and 

(2) the extent of cooperation by such government in permitting an unimpeded investigation by any such organization of 

alleged violations of internationally recognized human rights. 

(c)(1) Upon the request of the Senate or the House of Representatives by resolution of either such House, or upon the request of the 

Committee on Foreign Relations of the Senate or the Committee on 

Foreign Affairs of the House of Representatives, the Secretary of 

State shall, within thirty days after receipt of such request, transmit to both such committees a statement, prepared with the assistance of the Assistant Secretary of State for Democracy, Human 

Rights, and Labor, with respect to the country designated in such 

request, setting forth— 

(A) all the available information about observance of and respect for human rights and fundamental freedom in that country, and a detailed description of practices by the recipient government with respect thereto; 

(B) the steps the United States has taken to— 

(i) promote respect for and observance of human rights 

in that country and discourage any practices which are inimical to internationally recognized human rights, and 

(ii) publicly or privately call attention to, and disassociate the United States and any security assistance provided for such country from, such practices; 


SSpencer on DSKBBXCHB2PROD with REPORTS
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(C) whether, in the opinion of the Secretary of State, notwithstanding any such practices— 

(i) extraordinary circumstances exist which necessitate a 

continuation of security assistance for such country, and, 

if so, a description of such circumstances and the extent to 

which such assistance should be continued (subject to such 

conditions as Congress may impose under this section), 

and 

(ii) on all the facts it is in the national interest of the 

United States to provide such assistance; and 

(D) such other information as such committee or such House 

may request. 

(2)(A) A resolution of request under paragraph (1) of this subsection shall be considered in the Senate in accordance with the 

provisions of section 601(b) of the International Security Assistance 

and Arms Export Control Act of 1976. 

(B) The term ‘‘certification’’, as used in section 601 of such Act, 

means, for the purposes of this subsection, a resolution of request 

of the Senate under paragraph (1) of this subsection. 

(3) In the event a statement with respect to a country is requested pursuant to paragraph (1) of this subsection but is not 

transmitted in accordance therewith within thirty days after receipt of such request, no security assistance shall be delivered to 

such country except as may thereafter be specifically authorized by 

law from such country unless and until such statement is transmitted. 

(4)(A) In the event a statement with respect to a country is 

transmitted under paragraph (1) of this subsection, the Congress 

may at any time thereafter adopt a joint resolution terminating, restricting, or continuing security assistance for such country. In the 

event such a joint resolution is adopted, such assistance shall be 

so terminated, so restricted, or so continued, as the case may be. 

(B) Any such resolution shall be considered in the Senate in accordance with the provisions of section 601(b) of the International 

Security Assistance and Arms Export Control Act of 1976. 

(C) The term ‘‘certification’’, as used in section 601 of such Act, 

means, for the purposes of this paragraph, a statement transmitted 

under paragraph (1) of this subsection. 

(d) For the purposes of this section— 

(1) the term ‘‘gross violations of internationally recognized 

human rights’’ includes torture or cruel, inhuman, or degrading treatment or punishment, prolonged detention without 

charges and trial, causing the disappearance of persons by the 

abduction and clandestine detention of those persons, any act 

that constitutes a war crime, as such term is defined in section 

2441 of title 18, United States Code, and other flagrant denial 

of the right to life, liberty, or the security of person; 

(2) the term ‘‘security assistance’’ means— 

(A) assistance under chapter 2 (military assistance) or 

chapter 4 (economic support fund) or chapter 5 (military 

education and training) or chapter 6 (peacekeeping operations) or chapter 8 (antiterrorism assistance) of this part; 

(B) sales of defense articles or services, extensions of 

credits (including participations in credits), and guaranties 

of loans under the Arms Export Control Act; or 


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(C) any license in effect with respect to the export to or 

for the armed forces, police, intelligence, or other internal 

security forces of a foreign country of— 

(i) defense articles or defense services under section 

38 of the Armed Export Control Act (22 U.S.C. 2778); 

or 

(ii) items listed under 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; 

(e) Notwithstanding any other provision of law, funds authorized 

to be appropriated under part I of this Act may be made available 

for the furnishing of assistance to any country with respect to 

which the President finds that such a significant improvement in 

its human rights record has occurred as to warrant lifting the prohibition on furnishing such assistance in the national interest of 

the United States. 

(f) In allowing the funds authorized to be appropriated by this 

Act and the Arms Export Control Act, the President shall take into 

account significant improvements in the human rights records of 

recipient countries, except that such allocations may not contravene any other provision of law. 

(g) Whenever the provisions of subsection (e) or (f) of this section 

are applied, the President shall report to the Congress before making any funds available pursuant to those subsections. The report 

shall specify the country involved, the amount and kinds of assistance to be provided, and the justification for providing the assistance, including a description of the significant improvements which 

have occurred in the country’s human rights record. 

(h)(1) The report required by subsection (b) shall include the following: 

(A) A description of the nature and extent of severe forms of 

trafficking in persons, as defined in section 103 of the Trafficking Victims Protection Act of 2000, in each foreign country. 

(B) With respect to each country that is a country of origin, 

transit, or destination for victims of severe forms of trafficking 

in persons, an assessment of the efforts by the government of 

that country to combat such trafficking. The assessment shall 

address the following: 

(i) Whether government authorities in that country participate in, facilitate, or condone such trafficking. 

(ii) Which government authorities in that country are involved in activities to combat such trafficking. 

(iii) What steps the government of that country has 

taken to prohibit government officials from participating 

in, facilitating, or condoning such trafficking, including the 

investigation, prosecution, and conviction of such officials. 

(iv) What steps the government of that country has 

taken to prohibit other individuals from participating in 

such trafficking, including the investigation, prosecution, 

and conviction of individuals involved in severe forms of 

trafficking in persons, the criminal and civil penalties for 

such trafficking, and the efficacy of those penalties in 

eliminating or reducing such trafficking. 


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(v) What steps the government of that country has taken 

to assist victims of such trafficking, including efforts to 

prevent victims from being further victimized by traffickers, government officials, or others, grants of relief 

from deportation, and provision of humanitarian relief, including provision of mental and physical health care and 

shelter. 

(vi) Whether the government of that country is cooperating with governments of other countries to extradite 

traffickers when requested, or, to the extent that such cooperation would be inconsistent with the laws of such 

country or with extradition treaties to which such country 

is a party, whether the government of that country is taking all appropriate measures to modify or replace such 

laws and treaties so as to permit such cooperation. 

(vii) Whether the government of that country is assisting 

in international investigations of transnational trafficking 

networks and in other cooperative efforts to combat severe 

forms of trafficking in persons. 

(viii) Whether the government of that country refrains 

from prosecuting victims of severe forms of trafficking in 

persons due to such victims having been trafficked, and refrains from other discriminatory treatment of such victims. 

(ix) Whether the government of that country recognizes 

the rights of victims of severe forms of trafficking in persons and ensures their access to justice. 

(C) Such other information relating to trafficking in persons 

as the Secretary of State considers appropriate. 

(2) In compiling data and making assessments for the purposes 

of paragraph (1), United States diplomatic mission personnel shall 

consult with human rights organizations and other appropriate 

nongovernmental organizations. 

(i) The report required by subsection (b) shall include, wherever 

applicable— 

(1) a description of the status of freedom of the press, including initiatives in favor of freedom of the press and efforts to 

improve or preserve, as appropriate, the independence of the 

media, together with an assessment of progress made as a result of those efforts; 

(2) an identification of countries in which there were violations of freedom of the press, including direct physical attacks, 

imprisonment, indirect sources of pressure, and censorship by 

governments, military, intelligence, or police forces, criminal 

groups, or armed extremist or rebel groups; and 

(3) in countries where there are particularly severe violations 

of freedom of the press— 

(A) whether government authorities of each such country 

participate in, facilitate, or condone such violations of the 

freedom of the press; and 

(B) what steps the government of each such country has 

taken to preserve the safety and independence of the 

media, and to ensure the prosecution of those individuals 

who attack or murder journalists. 

(i) CHILD MARRIAGE STATUS.— 


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(1) IN GENERAL.—The report required under subsection (b) 

shall include, for each country in which child marriage is prevalent, a description of the status of the practice of child marriage in such country. 

(2) DEFINED TERM.—In this subsection, the term ‘‘child marriage’’ means the marriage of a girl or boy who is— 

(A) younger than the minimum age for marriage under 

the laws of the country in which such girl or boy is a resident; or 

(B) younger than 18 years of age, if no such law exists. 

CHAPTER 2—MILITARY ASSISTANCE

* * * * * * * 

SEC. 514. STOCKPILING OF DEFENSE ARTICLES FOR FOREIGN

COUNTRIES.—(a) No defense article in the inventory of the Department of Defense which is set aside, reserved, or in any way earmarked or intended for future use by any foreign country may be 

made available to or for use by any foreign country unless such 

transfer is authorized under this Act or the Arms Export Control 

Act, or any subsequent corresponding legislation, and the value of 

such transfer is charged against funds authorized under such legislation or against the limitations specified in such legislation, as appropriate, for the fiscal period in which such defense article is 

transferred. For purposes of this subsection, ‘‘value’’ means the acquisition cost plus crating, packing, handling, and transportation 

costs incurred in carrying out this section. 

(b)(1) The value of defense articles to be set aside, earmarked, reserved, or intended for use as war reserve stocks for allied or other 

foreign countries (other than for purposes of the North Atlantic 

Treaty Organization or in the implementation of agreements with 

Israel) in stockpiles located in foreign countries may not exceed in 

any fiscal year an amount that is specified in security assistance 

authorizing legislation for that fiscal year. 

(2)(A) The value of such additions to stockpiles of defense articles in foreign countries shall not exceed $200,000,000 for each of fiscal 

years 2013, 2014, 2015, 2016, 2017, 2018, 2019, øand 2020¿ 2020, 

and 2021. (B) Of the amount specified in subparagraph (A) for a fiscal year, not more than $200,000,000 may be made available for stockpiles 

in the State of Israel. 

(c) LOCATION OF STOCKPILES OF DEFENSE ARTICLES.— 

(1) LIMITATION.—Except as provided in paragraph (2), no 

stockpile of defense articles may be located outside the boundaries of a United States military base or a military base used 

primarily by the United States. 

(2) EXCEPTIONS.—Paragraph (1) shall not apply with respect 

to stockpiles of defense articles located in the Republic of 

Korea, Thailand, any country that is a member of the North 

Atlantic Treaty Organization, any country that is a major nonNATO ally, or any other country the President may designate. 

At least 15 days before designating a country pursuant to the 

last clause of the preceding sentence, the President shall notify 

the congressional committees specified in section 634A(a) in accordance with the procedures applicable to reprogramming notifications under that section. 


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(d) No defense article transferred from any stockpile which is 

made available to or for use by any foreign country may be considered an excess defense article for the purpose of determining the 

value thereof. 

* * * * * * * 

SEC. 516. AUTHORITY TO TRANSFER EXCESS DEFENSE ARTICLES. 

(a) AUTHORIZATION.—The President is authorized to transfer excess defense articles under this section to øcountries¿ countries, regional organizations, and international organizations for which receipt of such articles was justified pursuant to the annual congressional presentation documents for military assistance programs, or 

for programs under chapter 8 of part I of this Act, submitted under 

section 634 of this Act, or for which receipt of such articles was 

separately justified to the Congress, for the fiscal year in which the 

transfer is authorized. 

(b) LIMITATIONS ON TRANSFERS.—ø(1) The President¿ The President may transfer excess defense articles under this section only 

if— 

ø(A)¿ (1) such articles are drawn from existing stocks of the 

Department of Defense; 

ø(B)¿ (2) except as provided in subsection (c)(3), funds available to the Department of Defense for the procurement of defense equipment are not expended in connection with the 

transfer; 

ø(C)¿ (3) the transfer of such articles will not have an adverse impact on the military readiness of the United States; 

ø(D)¿ (4) with respect to a proposed transfer of such articles 

on a grant basis, such a transfer is preferable to a transfer on 

a sales basis, after taking into account the potential proceeds 

from, and likelihood of, such sales, and the comparative foreign 

policy benefits that may accrue to the United States as the result of a transfer on either a grant or sales basis; 

ø(E)¿ (5) the President determines that the transfer of such 

articles will not have an adverse impact on the national technology and industrial base and, particularly, will not reduce 

the opportunities of entities in the national technology and industrial base to sell new or used equipment to the øcountries¿ 

countries, regional organizations, and international organizations to which such articles are transferred; and 

ø(F)¿ (6) the transfer of such articles is consistent with the 

policy framework for the Eastern Mediterranean established 

under section 620C of this Act. 

ø(2) Accordingly, for the four-year period beginning on October 1, 

1996, and thereafter for the four-period beginning on October 1, 

2000, the President shall ensure that excess defense articles offered 

to Greece and Turkey under this section will be made available 

consistent with the manner in which the President made available 

such excess defense articles during the four-year period that began 

on October 1, 1992, pursuant to section 573(e) of the Foreign Operations, Export Financing, and Related Programs Appropriations 

Act, 1990.¿ 

(c) TERMS OF TRANSFERS.— 


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112 

(1) NO COST TO RECIPIENT COUNTRY.—Excess defense articles 

may be transferred under this section without cost to the ørecipient country¿ recipient country or organization. ø(2) PRIORITY.—Notwithstanding any other provision of law, 

the delivery of excess defense articles under this section to 

member countries of the North Atlantic Treaty Organization 

(NATO) on the southern and southeastern flank of NATO, to 

major non-NATO allies on such southern and southeastern 

flank, and to the Philippines shall be given priority to the maximum extent feasible over the delivery of such excess defense 

articles to other countries.¿ 

(2) PRIORITY.—Notwithstanding any other provision of law, 

excess defense articles under this section shall be transferred in 

accordance with United States foreign policy, including national security priorities as jointly determined by the Secretary 

of State, in consultation with the Secretary of Defense, to the 

maximum extent feasible. 

(3) SUPPORTING COSTS.—Funds available to the Department 

of State for security assistance may be expended for the refurbishment or upgrade of excess defense articles transferred under 

the authority of this section and for training of foreign security 

forces directly in relation to excess defense articles transferred 

under the authority of this section, if— 

(A) such assistance is necessary to advance the national 

security objectives of the United States in relation to the recipient country or countries; and (B) such costs do not exceed $10 million in relation to a 

single transfer of excess defense articles under this section. 

(d) WAIVER OF REQUIREMENT FOR REIMBURSEMENT OF DEPART- MENT OF DEFENSE EXPENSES.—Section 632(d) shall not apply with 

respect to transfers of excess defense articles (including transportation and related costs) under this section. 

(e) TRANSPORTATION AND RELATED COSTS.— (1) IN GENERAL.—Except as provided in paragraph (2), funds 

available to the Department of Defense may not be expended 

for crating, packing, handling, and transportation of excess defense articles transferred under the authority of this section. 

(2) EXCEPTION.—The President may provide for the transportation of excess defense articles without charge to a country for 

the costs of such transportation if— 

(A) it is determined that it is in the national interest of 

the United States to do so; 

(B) the recipient is a developing country receiving less than $10,000,000 of assistance under chapter 5 of this part 

of this Act (relating to international military education 

and training) or section 23 of the Arms Export Control Act 

(22 U.S.C. 2763; relating to the Foreign Military Financing 

program) in the fiscal year in which the transportation is 

provided; 

(C) the total weight of the transfer does not exceed 

50,000 pounds; and 

(D) such transportation is accomplished on a space available basis. 

(f) ADVANCE NOTIFICATION TO CONGRESS FOR TRANSFER OF CERTAIN EXCESS DEFENSE ARTICLES.— 


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(1) IN GENERAL.—The President may not transfer excess defense articles that are significant military equipment (as defined in section 47(9) of the Arms Export Control Act) or excess 

defense articles valued (in terms of original acquisition cost) at 

ø$7,000,000¿ $25,000,000 or more, under this section or under 

the Arms Export Control Act (22 U.S.C. 2751 et seq.) until 30 

days after the date on which the President has provided notice 

of the proposed transfer to the congressional committees specified in section 634A(a) in accordance with procedures applicable to reprogramming notifications under that section. 

(2) CONTENTS.—Such notification shall include— 

(A) a statement outlining the purposes for which the article is being provided to the øcountry¿ country or organization, including whether such article has been previously 

provided to such øcountry¿ country or organization; 

(B) an assessment of the impact of the transfer on the 

military readiness of the United States; 

(C) an assessment of the impact of the transfer on the 

national technology and industrial base and, particularly, 

the impact on opportunities of entities in the national technology and industrial base to sell new or used equipment 

to the øcountries¿ countries or organizations to which such 

articles are to be transferred; and 

(D) a statement describing the current value of such article and the value of such article at acquisition. 

(g) AGGREGATE ANNUAL LIMITATION.— (1) IN GENERAL.—The aggregate value of excess defense articles transferred to countries under this section in any fiscal 

year may not exceed ø$500,000,000¿ $600,000,000. (2) EFFECTIVE DATE.—The limitation contained in paragraph 

(1) shall apply only with respect to fiscal years beginning after 

fiscal year 1996. 

(h) CONGRESSIONAL PRESENTATION DOCUMENTS.—Documents described in subsection (a) justifying the transfer of excess defense articles shall include an explanation of the general purposes of providing excess defense articles as well as a table which provides an 

aggregate annual total of transfers of excess defense articles in the 

preceding year by øcountry¿ country and organization in terms of 

offers and actual deliveries and in terms of acquisition cost and 

current value. Such table shall indicate whether such excess defense articles were provided on a grant or sale basis. 

(i) EXCESS COAST GUARD PROPERTY.—For purposes of this section, the term ‘‘excess defense articles’’ shall be deemed to include 

excess property of the Coast Guard, and the term ‘‘Department of 

Defense’’ shall be deemed, with respect to such excess property, to 

include the Coast Guard. 

* * * * * * * 

CHAPTER 6—PEACEKEEPING OPERATIONS

SEC. 551. GENERAL AUTHORITY.—øThe President¿ (a) The President is authorized to furnish assistance to friendly countries and 

international organizations, on such terms and conditions as he 

may determine, for peacekeeping operations and other programs 

carried out in furtherance of the national security interests of the 


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United States. Such assistance may include reimbursement to the 

Department of Defense for expenses incurred pursuant to section 

7 of the United Nations Participation Act of 1945, except that such 

reimbursements may not exceed $5,000,000 in any fiscal year unless a greater amount is specifically authorized by this section. 

(b) Funds authorized to be appropriated under this chapter may 

also be used to provide assistance to enhance the capacity of foreign 

civilian security forces (as such term is defined in section 841(c) of 

the International Security Assistance Act of 2019) to participate in 

peacekeeping and counterterrorism operations, and to promote 

greater participation of women in such peacekeeping operations. 

(c) Funds authorized to be appropriated under this chapter to provide assistance to friendly foreign countries for purposes other than 

support for multilateral peacekeeping operations shall be subject to 

the certification requirements of section 36 of the Arms Export Control Act (22 U.S.C. 2776). 

* * * * * * * 

SEC. 555. WITHHOLDING OF ASSISTANCE TO UNITS OF FOREIGN SECURITY FORCES THAT ENGAGED IN SEXUAL EXPLOITATION 

OR ABUSE IN PEACEKEEPING OPERATIONS. 

(a) IN GENERAL.—The Secretary of State should withhold assistance to any unit of the security forces of a foreign country if the Secretary has credible information that such unit has engaged in sexual exploitation or abuse, including while serving in a United Nations peacekeeping operation, until the Secretary determines that the 

government of such country is taking effective steps to hold the responsible members of such unit accountable and to prevent future 

incidents. 

(b) NOTICE.—The Secretary of State— 

(1) shall promptly notify the government of each country subject to any withholding of assistance pursuant to this section; 

and 

(2) shall notify the appropriate congressional committees of 

such withholding not later than 10 days after a determination 

to withhold such assistance is made. 

(c) ASSISTANCE.—The Secretary of State shall, to the maximum 

extent practicable, assist the government of each country subject to 

any withholding of assistance pursuant to this section in bringing 

the responsible members of such unit of the security forces of the 

country to justice. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this 

section, the term ‘‘appropriate congressional committees’’ means— 

(1) the Committee on Foreign Affairs and the Committee on 

Appropriations of the House of Representatives; and 

(2) the Committee on Foreign Relations and the Committee on 

Appropriations of the Senate. 

* * * * * * * 

CHAPTER 1—GENERAL PROVISIONS

* * * * * * * 

SEC. 620. PROHIBITIONS AGAINST FURNISHING ASSISTANCE.— (a)(1) No assistance shall be furnished under this Act to the 

present government of Cuba. As an additional means of implementing and carrying into effect the policy of the preceding senVerDate Sep 11 2014 05:48 Jul 31, 2019 Jkt 089006 PO 00000 Frm 00114 Fmt 6659 Sfmt 6601 E:\HR\OC\HR181.XXX HR181

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tence, the President is authorized to establish and maintain a total 

embargo upon all trade between the United States and Cuba. 

(2) Except as may be deemed necessary by the President in the 

interest of the United States, no assistance shall be furnished 

under this Act to any government of Cuba, nor shall Cuba be entitled to receive any quota authorizing the importation of Cuban 

sugar into the United States or to receive any other benefit under 

any law of the United States, until the President determines that 

such government has taken appropriate steps according to international law standards to return to United States citizens, and to 

entities not less than 50 per centum beneficially owned by United 

States citizens, or to provide equitable compensation to such citizens and entities for property taken from such citizens and entities 

on or after January 1, 1959, by the Government of Cuba. 

(c) No assistance shall be provided under this Act to the government of any country which is indebted to any United States citizen 

or person for goods or services furnished or ordered where (i) such 

citizen or person has exhausted available legal remedies, which 

shall include arbitration, or (ii) the debt is not denied or contested 

by such government, or (iii) such indebtedness arises under an unconditional guaranty of payment given by such government, or any 

predecessor government, directly or indirectly, through any controlled entity: Provided, That the President does not find such action contrary to the national security. 

(d) No assistance shall be furnished on a loan basis under chapter 1 of part I of this Act for construction or operation of any productive enterprise in any country where such enterprise will compete with United States enterprise unless such country has agreed 

that it will establish appropriate procedures to prevent the exportation for use or consumption in the United States of more than 20 

per centum of the annual production of such facility during the life 

of the loan. In case of failure to implement such agreement by the 

other contracting party, the President is authorized to establish 

necessary import controls to effectuate the agreement. The restrictions imposed by or pursuant to this subsection may be waived by 

the President where he determines that such waiver is in the national security interest. 

(e)(1) The President shall suspend assistance to the government 

of any country to which assistance is provided under this or any 

other Act when the government of such country or any government 

agency or subdivision within such country on or after January 1, 

1962— 

(A) has nationalized or expropriated or seized ownership or 

control of property owned by any United States citizen or by 

any corporation, partnership, or association not less than 50 

per centum beneficially owned by United States citizens, or 

(B) has taken steps to repudiate or nullify existing contracts 

or agreements with any United States citizen or any corporation, partnership, or association not less than 50 per centum 

beneficially owned by United States citizens, or 

(C) has imposed or enforced discriminatory taxes or other exactions, or restrictive maintenance or operational conditions, or 

has taken other actions, which have the effect of nationalizing, 

expropriating, or otherwise seizing ownership or control of 

property so owned, 


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116 

and such country, government agency, or government subdivision 

fails within a reasonable time (not more than six months after such 

action, or, in the event of a referral to the Foreign Claims Settlement Commission of the United States within such period as provided herein, not more than twenty days after the report of the 

Commission is received) to take appropriate steps, which may include arbitration, to discharge its obligations under international 

law toward such citizen or entity, including speedy compensation 

for such property in convertible foreign exchange, equivalent to the 

full value thereof, as required by international law, or fails to take 

steps designed to provide relief from such taxes, exactions, or conditions, as the case may be; and such suspension shall continue 

until the President is satisfied that appropriate steps are being 

taken, and the provisions of this subsection shall not be waived 

with respect to any country unless the President determines and 

certifies that such a waiver is important to the national interests 

of the United States. Such certification shall be reported immediately to Congress. 

Upon request of the President (within seventy days after such action referred to in subparagraphs (A), (B), or (C) of paragraph (1) 

of this section), the Foreign Claims Settlement Commission of the 

United States (established pursuant to Reorganization Plan No. 1 

of 1954, 68 Stat. 1279) is hereby authorized to evaluate expropriated property, determining the full value of any property nationalized, expropriated, or seized, or subject to discriminatory or other 

actions as aforesaid, for purposes of this subsection and to render 

an advisory report to the President within ninety days after such 

request. Unless authorized by the President, the Commission shall 

not publish its advisory report except to the citizen or entity owning such property. There is hereby authorized to be appropriated 

such amount, to remain available until expended, as may be necessary from time to time to enable the Commission to carry out expeditiously its functions under this subsection. 

(2) Notwithstanding any other provision of law, no court in the 

United States shall decline on the ground of the federal act of state 

doctrine to make a determination on the merits giving effect to the 

principles of international law in a case in which claim of title or 

other right to property is asserted by any party including a foreign 

state (or a party claiming through such state) based upon (or 

traced through) a confiscation or other taking after January 1, 

1959, by an act of that state in violation of the principles of international law, including the principles of compensation and the 

other standards set out in this subsection: Provided, That this subparagraph shall not be applicable (1) in any case in which an act 

of a foreign state is not contrary to international law or with respect to a claim of title or other right to property acquired pursuant to an irrevocable letter of credit of not more than 180 days duration issued in good faith prior to the time of the confiscation or 

other taking, or (2) in any case with respect to which the President 

determines that application of the act of state doctrine is required 

in that particular case by the foreign policy interests of the United 

States and a suggestion to this effect is filed on his behalf in that 

case with the court. 


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(f)(1) No assistance shall be furnished under this Act, as amended (except section 214(b)), to any Communist country. This restriction may not be waived pursuant to any authority contained in this 

Act unless the President finds and promptly reports to Congress 

that: (A) such assistance is vital to the security of the United 

States; (B) the recipient country is not controlled by the international Communist conspiracy; and (C) such assistance will further promote the independence of the recipient country from international communism. For the purposes of this subsection, the 

phrase ‘‘Communist country’’ includes specifically, but is not limited to, the following countries: 

Democratic People’s Republic of Korea. 

People’s Republic of China. 

Republic of Cuba. 

Socialist Republic of Vietnam. 

Tibet. 

(2) Notwithstanding the provisions of paragraph (1) of this subsection, the President may remove a country, for such period as the 

President determines, from the application of this subsection, and 

other provisions which reference this subsection, if the President 

determines and reports to the Congress that such action is important to the national interest of the United States. It is the sense 

of the Congress that when consideration is given to authorizing assistance to a country removed from the application of this subsection, one of the factors to be weighed, among others, is whether 

the country in question is giving evidence of fostering the establishment of a genuinely democratic system, with respect for internationally recognized human rights. 

(g) Notwithstanding any other provision of law, no monetary assistance shall be made available under this Act to any government 

or political subdivision or agency of such government which will be 

used to compensate owners for expropriated or nationalized property and, upon finding by the President that such assistance has 

been used by any government for such purpose, no further assistance under this Act shall be furnished to such government until 

appropriate reimbursement is made to the United States for sums 

so diverted. This prohibition shall not apply to monetary assistance 

made available for use by a government (or a political subdivision 

or agency of a government) to compensate nationals of that country 

in accordance with a land reform program, if the President determines that monetary assistance for such land reform program will 

further the national interests of the United States. 

(h) The President shall adopt regulations and establish procedures to insure that United States foreign aid is not used in a manner which, contrary to the best interests of the United States, promotes or assists the foreign aid projects or activities of any country 

that is a Communist country for purposes of subsection (f). 

(j) The President shall consider terminating assistance under this 

or any other Act to any country which permits, or fails to take adequate measures to prevent, the damage or destruction by mob action of United States property within such country, and fails to 

take appropriate measures to prevent a recurrence thereof and to 

provide adequate compensation for such damage or destruction. 

(k) Without the express approval of Congress, no assistance shall 

be furnished under this Act to any country for construction of any 


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productive enterprise with respect to which the aggregate value of 

assistance to be furnished by the United States will exceed 

$100,000,000, except that this sentence does not apply with respect 

to assistance for construction of any productive enterprise in Egypt 

which is described in the presentation materials to Congress. Except as otherwise provided in section 506, no military assistance to 

be furnished beginning July 1, 1966, by the United States will exceed $100,000,000 unless such program has been included in the 

presentation to the Congress during its consideration of authorizations for appropriations under this Act or of appropriations pursuant to authorizations contained in this Act. No provision of this or 

any other Act shall be construed to authorize the President to 

waive the provisions of this subsection. 

(l) The President shall consider denying assistance under this 

Act to the government of any less developed country which, after 

December 31, 1966, has failed to enter into an agreement with the 

President to institute the investment guaranty program under section 234(a)(1) of this Act, providing protection against the specific 

risks of inconvertibility under subparagraph (A), and expropriation 

or confiscation under subparagraph (B), of such section 234(a)(1). 

(o) In determining whether or not to furnish assistance under 

this Act, consideration shall be given to excluding from such assistance any country which hereafter seizes, or imposes any penalty or 

sanction against, any United States fishing vessel on account of its 

fishing activities in international waters. The provisions of this 

subsection shall not be applicable in any case governed by international agreement to which the United States is a party. 

(q) øNo assistance¿ 

(1) No assistance shall be furnished under this Act to the 

government of any country which is in default, during a period 

in excess of six calendar months, in payment to the United 

States of principal or interest on any loan made to the government of such country under this Act, unless the government of 

such country meets its obligations under the loan or unless the 

President ødetermines that assistance to such country is in the 

national interest and notifies the Speaker of the House of Representatives and the Committee on Foreign Relations of the 

Senate of such determination.¿ 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 the government of such 

country is in the national interest of the United States. 

(2) No assistance shall be furnished under this Act, the Peace 

Corps Act, the Millennium Challenge Act of 2003, the African 

Development Foundation Act, the BUILD Act of 2018, section 

504 of the FREEDOM Support Act, or section 23 of the Arms 

Export Control Act to the government of any country which is 

in default during a period in excess of 1 calendar year in payment to the United States of principal or interest or any loan 

made to the government of such country by the United States 

pursuant to a program for which funds are appropriated under 

such Act unless the President determines, following consultation 

with the congressional committees specified in paragraph (1), 


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119 

that assistance for such country is in the national interest of the 

United States. 

(r) No recipient of a loan made under the authority of this Act, 

any part of which is outstanding on or after the date of enactment 

of this subsection, shall be relieved of liability for the repayment 

of any part of the principal of or interest on such loan. 

(s)(1) In order to restrain arms races and proliferation of sophisticated weapons, and to ensure that resources intended for economic development are not diverted to military purposes, the President shall take into account before furnishing development loans, 

Alliance loans or supporting assistance to any country under this 

Act, and before making sales under the Food for Peace Act, as 

amended: 

(A) the percentage of the recipient or purchasing country’s 

budget which is devoted to military purposes; and 

(B) the degree to which the recipient or purchasing country 

is using its foreign exchange or other resources to acquire military equipment. 

(2) The President shall report annually to the Speaker of the 

House of Representatives and the Committee on Foreign Relations 

of the Senate his actions in carrying out this provision. 

(t) No assistance shall be furnished under this or any other Act 

and no sales shall be made under the Food for Peace Act, in or to 

any country which has severed or hereafter severs diplomatic relations with the United States or with which the United States has 

severed or hereafter severs diplomatic relations, unless (1) diplomatic relations have been resumed with such country and (2) 

agreements for the furnishing of such assistance or the making of 

such sales, as the case may be, have been negotiated and entered 

into after the resumption of diplomatic relations with such country. 

(u) In any decision to provide or continue to provide any program 

of assistance to any country under the Foreign Assistance Act of 

1961, as amended, there shall be taken into account the status of 

the country with respect to its dues, assessments, and other obligations to the United Nations; and where such country is delinquent 

with respect to any such obligations for the purposes of the first 

sentence of Article 19 of the United Nations Charter, the President 

shall furnish the Committee on Foreign Relations of the Senate 

and the Speaker of the House of Representatives a report setting 

forth the assurance given by the government of the country concerned of paying all of its arrearages and of placing its payments 

of such obligations on a current basis, or a full explanation of the 

unusual or exceptional circumstances which render it economically 

incapable of giving such assurance. 

(x)(1) All military assistance, all sales of defense articles and 

services (whether for cash or by credit, guaranty, or any other 

means), and all licenses with respect to the transportation of arms, 

ammunitions, and implements of war (including technical data relating thereto) to the Government of Turkey, shall be suspended on 

the date of enactment of this subsection unless and until the President determines and certifies to the Congress that the Government 

of Turkey is in compliance with the Foreign Assistance Act of 1961, 

the Foreign Military Sales Act, and any agreement entered into 

under such Acts, and that substantial progress toward agreement 

has been made regarding military forces in Cyprus: Provided, That 


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for the fiscal year 1978 the President may suspend the provisions 

of this subsection and of section 3(c) of the Arms Export Control 

Act with respect to cash sales and extensions of credits and guaranties under such Act for the procurement of such defense articles 

and defense services as the President determines are necessary to 

enable Turkey to fulfill her defense responsibilities as a member of 

the North Atlantic Treaty Organization, except that during the fiscal year 1978 the total value of defense articles and defense services sold to Turkey under such Act, either for cash or financed by 

credits and guaranties, shall not exceed $175,000,000. Any such 

suspension shall be effective only so long as Turkey observes the 

cease-fire on Cyprus, does not increase its military forces or its civilian population on Cyprus, and does not transfer to Cyprus any 

United States supplied arms, ammunition, or implements of war. 

The determination required by the proviso in the first sentence of 

this paragraph shall be made, on a case-by-case basis, with respect 

to each cash sale, each approval for use of credits, and each approval for use of a guaranty for Turkey. Each such determination 

shall be reported to the Congress and shall be accompanied by a 

full and complete statement of the reasons supporting the President’s determination and a statement containing the information 

specified in clauses (A) through (D) of section 2(c)(4) of the Act of 

October 6, 1975 (Public Law 94–104). In any case involving the sale 

of significant combat equipment on the United States Munitions 

List in which the congressional review provisions of section 36(b) 

of the Arms Export Control Act do not apply, the President may 

not issue the letter of offer or approve the use of the credits or 

guaranty, as the case may be, until the end of the thirty-day period 

beginning on the date on which the report required by the preceding sentence is submitted to the Congress. 

(2) The President shall submit to the Congress within 60 days 

after the enactment of this paragraph and at the end of such succeeding sixty-day period, a report on progress made during such period toward the conclusion of a negotiated solution of the Cyprus 

conflict. 

(y)(1) Except as provided in paragraph (2), the President shall 

withhold from amounts made available under this Act or any other 

Act and allocated for a country for a fiscal year an amount equal 

to the aggregate value of nuclear fuel and related assistance and 

credits provided by that country, or any entity of that country, to 

Cuba during the preceding fiscal year. 

(2) The requirement to withhold assistance for a country for a fiscal year under paragraph (1) shall not apply if Cuba— 

(A) has ratified the Treaty on the Non-Proliferation of Nuclear Weapons (21 UST 483) or the Treaty of Tlatelelco, and 

Cuba is in compliance with the requirements of either such 

Treaty; 

(B) has negotiated and is in compliance with full-scope safeguards of the International Atomic Energy Agency not later 

than two years after ratification by Cuba of such Treaty; and 

(C) incorporates and is in compliance with internationally accepted nuclear safety standards. 

(3) The Secretary of State shall prepare and submit to the Congress each year a report containing a description of the amount of 

nuclear fuel and related assistance and credits provided by any 


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country, or any entity of a country, to Cuba during the preceding 

year, including the terms of each transfer of such fuel, assistance, 

or credits. 

SEC. 620A. PROHIBITION ON ASSISTANCE TO GOVERNMENTS SUPPORTING INTERNATIONAL TERRORISM. 

(a) PROHIBITION.—The United States shall not provide any assistance under this Act, the Food for Peace Act, the Peace Corps 

Act, or the Export-Import Bank Act of 1945 to any country if the 

Secretary of State determines øthat the government of that country 

has repeatedly provided support for acts of international terrorism.¿ that the government of that country— 

(1) has repeatedly provided support for acts of international 

terrorism; 

(2) grants sanctuary from prosecution to any individual or 

group which has committed an act of international terrorism; 

(3) otherwise supports international terrorism; or 

(4) is controlled by an organization designated as a foreign 

terrorist organization under section 219 of the Immigration and 

Nationality Act (8 U.S.C. 1189). 

(b) PUBLICATION OF DETERMINATIONS.—Each determination of 

the Secretary of State under subsection (a), including each determination in effect on the date of the enactment of the 

Antiterrorism and Arms Export Amendments Act of 1989, shall be 

published in the Federal Register. 

(c) RESCISSION.—A determination made by the Secretary of State 

under subsection (a) may not be rescinded unless the President 

submits to the Speaker of the House of Representatives øand the 

Chairman of the Committee on Foreign Relations of the Senate¿, 

the Committee on Foreign Affairs of the House of Representatives, 

the Committee on Foreign Relations of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate— 

(1) before the proposed rescission would take effect, a report 

certifying that— 

(A) there has been a fundamental change in the leadership and policies of the government of the country concerned; 

(B) that government is not supporting acts of international terrorism; 

(C) that government has provided assurances that it will 

not support acts of international terrorism in the future; or 

(2) at least 45 days before the proposed rescission would take 

effect, a report justifying the rescission and certifying that— 

(A) the government concerned has not provided any support for international terrorism during the preceding 6- 

month period; and 

(B) the government concerned has provided assurances 

that it will not support acts of international terrorism in 

the future. 

(d) WAIVER.—Assistance prohibited by subsection (a) may be provided to a country described in that subsection if— 

(1) the President determines that national security interests 

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sistance under part II of this Act (including chapter 4, chapter 

6, and chapter 8), or the Export-Import Bank Act of 1945; and 

(2) at least 15 days before the waiver takes effect, the President consults with the Committee on Foreign Affairs of the 

House of Representatives and the Committee on Foreign Relations of the Senate regarding the proposed waiver and submits 

a report to the Speaker of the House of Representatives øand 

the chairman of the Committee on Foreign Relations of the 

Senate¿, the Committee on Foreign Affairs of the House of Representatives, the Committee on Foreign Relations of the Senate, 

and the Committees on Appropriations of the House of Representatives and the Senate containing— 

(A) the name of the recipient country; 

(B) a description of the national security interests or humanitarian reasons which require the waiver; 

(C) the type and amount of and the justification for the 

assistance to be provided pursuant to the waiver; and 

(D) the period of time during which such waiver will be 

effective. 

The waiver authority granted in this subsection may not be used 

to provide any assistance under the Foreign Assistance Act of 1961 

which is also prohibited by section 40 of the Arms Export Control 

Act. 

(e) PROHIBITION ON LETHAL MILITARY EQUIPMENT EXPORTS.— 

(1) PROHIBITION.— 

(A) IN GENERAL.—The United States shall not provide 

any assistance under this Act or section 23 of the Arms Export Control Act to any foreign government that provides lethal military equipment to a country the government of 

which the Secretary of State has determined supports international terrorism for purposes of section 1754(c) of the Export Control Reform Act of 2018. 

(B) TERMINATION.—The prohibition on assistance under 

subparagraph (A) with respect to a foreign government 

shall terminate 12 months after such government ceases to 

provide the lethal military equipment described in such 

subparagraph. 

(C) APPLICABILITY.—This subsection applies with respect 

to lethal military equipment provided under a contract entered into after October 1, 1997. 

(2) WAIVER.—The President may waive the prohibition on assistance under paragraph (1) with respect to a foreign government if the President determines that to do so is important to 

the national interest of the United States. 

(3) REPORT.—Upon the exercise of the waiver authority pursuant to paragraph (2), the President shall submit to the appropriate congressional committees a report with respect to the furnishing of assistance under the waiver authority, including— 

(A) a detailed explanation of the assistance to be provided; 

(B) the estimated dollar amount of such assistance; and 

(C) an explanation of how the assistance furthers the national interest of the United States. 


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(4) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this subsection, the term ‘‘appropriate congressional committees’’ 

means— 

(A) the Committee on Foreign Affairs and the Committee 

on Appropriations of the House of Representatives; and 

(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. 

* * * * * * * 

SEC. 620M. LIMITATION ON ASSISTANCE TO SECURITY FORCES. 

(a) IN GENERAL.—No assistance shall be furnished under this Act 

or the Arms Export Control Act to any unit of the security forces 

of a foreign country, including any combined security activities or 

operations with any such unit, if the Secretary of State has credible 

information that such unit has committed a gross violation of 

human rights, including any act that constitutes a war crime, as 

such term is defined in section 2441 of title 18, United States Code 

(b) EXCEPTION.—The prohibition in subsection (a) shall not apply 

if the Secretary determines and reports to the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of 

the House of Representatives, and the Committees on Appropriations that the government of such country is taking effective steps 

to bring the responsible members of the security forces unit to justice. 

(c) DUTY TO INFORM.—In the event that funds are withheld from 

any unit pursuant to this section, the Secretary of State shall 

promptly inform the foreign government of the basis for such action 

and shall, to the maximum extent practicable, assist the foreign 

government in taking effective measures to bring the responsible 

members of the security forces to justice. 

(d) CREDIBLE INFORMATION.—The Secretary shall establish, and 

periodically update, procedures to— 

(1) ensure that for each country the Department of State has 

a current list of all security force units receiving United States 

training, equipment, or other types of assistance; 

(2) facilitate receipt by the Department of State and United 

States embassies of information from individuals and organizations outside the United States Government about gross violations of human rights by security force units; 

(3) routinely request and obtain such information from the 

Department of Defense, the Central Intelligence Agency, and 

other United States Government sources; 

(4) ensure that such information is evaluated and preserved; 

(5) ensure that when an individual is designated to receive 

United States training, equipment, or other types of assistance 

the individual’s unit is vetted as well as the individual; 

(6) seek to identify the unit involved when credible information of a gross violation exists but the identity of the unit is 

lacking; and 

(7) make publicly available, øto the maximum extent practicable¿ unless such disclosure would endanger the safety of 

human sources or reveal sensitive intelligence sources and 

methods, the identity of those units for which no assistance 

shall be furnished pursuant to subsection (a). 

(e) REPORT.— 


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(1) IN GENERAL.—Not later than January 31 of each year, the 

Secretary of State shall submit to 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, a report on the vetting process of units of security forces of foreign countries established to comply with this section. 

(2) MATTERS TO BE INCLUDED.—The report required under 

paragraph (1) shall include the following: 

(A) The total number of units submitted for vetting during the prior calendar year, and the number of such units 

that were approved, suspended, or rejected for human 

rights reasons. 

(B) The name of such units rejected during the prior calendar year and a description of the steps taken to assist the 

government of the foreign country in bringing the responsible members of such units to justice, in accordance with 

subsection (c). 

(C) An updated list of the units with respect to which no 

assistance is to be furnished pursuant to subsection (a). 

CHAPTER 2—ADMINISTRATIVE PROVISIONS

* * * * * * * 

SEC. 622. COORDINATION WITH FOREIGN POLICY.—(a) Nothing 

contained in this Act shall be construed to infringe upon the powers or functions of the Secretary of State. 

(b) The President shall prescribe appropriate procedures to assure coordination among representatives of the United States Government in each country, under the leadership of the Chief of the 

United States Diplomatic Mission. The Chief of the Diplomatic Mission shall make sure that recommendations of such representatives 

pertaining to military assistance (including civic action) and military education and training programs are coordinated with political 

and economic considerations, and his comments shall accompany 

such recommendations if he so desires. 

(c) Under the direction of the President, the Secretary of State 

shall be responsible for the continuous supervision and general direction of economic assistance, law enforcement and justice sector 

assistance, military assistance, and military education and training 

programs, including but not limited to determining whether there 

shall be a military assistance (including civic action) or a military 

education and training program for a country and the value thereof, to the end that such programs are effectively integrated both at 

home and abroad and the foreign policy of the United States is best 

served thereby. 

* * * * * * * 

CHAPTER 3—MISCELLANEOUS PROVISIONS

* * * * * * * 

SEC. 656. ANNUAL FOREIGN MILITARY TRAINING REPORT. 

(a) ANNUAL REPORT.— 

(1) IN GENERAL.—Not later than øJanuary 31¿ March 1 of 

each year, the Secretary of Defense and the Secretary of State 


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shall jointly prepare and submit to the appropriate congressional committees a report on all military training provided to 

foreign military personnel by the Department of Defense and 

the Department of State during the previous fiscal year and all 

such training proposed for the current fiscal year. 

(2) EXCEPTION FOR CERTAIN COUNTRIES.—Paragraph (1) does 

not apply to any NATO member, Australia, Japan, or New Zealand, unless one of the appropriate congressional committees 

has specifically requested, in writing, inclusion of such country 

in the report. Such request shall be made not later than 90 calendar days prior to the date on which the report is required 

to be transmitted. 

(b) CONTENTS.—The report described in subsection (a) shall include the following: 

(1) For each military training activity, the foreign policy justification and purpose for the activity, the number of foreign 

military personnel provided training and their units of operation, and the location of the training. 

(2) For each country, the aggregate number of students 

trained and the aggregate cost of the military training activities. 

(3) With respect to United States personnel, the operational 

benefits to United States forces derived from each military 

training activity and the United States military units involved 

in each activity. 

(c) FORM.—The report described in subsection (a) shall be in unclassified form but may include a classified annex. 

(d) AVAILABILITY ON INTERNET.—All unclassified portions of the 

report described in subsection (a) shall be made available to the 

public on the Internet through the Department of State. 

(e) DEFINITION.—In this section, the term ‘‘appropriate congressional committees’’ means— 

(1) the Committee on Appropriations and the Committee on 

International Relations of the House of Representatives; and 

(2) the Committee on Appropriations and the Committee on 

Foreign Relations of the Senate. 

* * * * * * * 

SECTION 7 OF THE TOM LANTOS BLOCK BURMESE JADE 

(JUNTA’S ANTI-DEMOCRATIC EFFORTS) ACT OF 2008 

øSEC. 7. SPECIAL REPRESENTATIVE AND POLICY COORDINATOR FOR 

BURMA. 

ø(a) UNITED STATES SPECIAL REPRESENTATIVE AND POLICY COORDINATOR FOR BURMA.—The President shall appoint a Special Representative and Policy Coordinator for Burma, by and with the advice and consent of the Senate. 

ø(b) RANK.—The Special Representative and Policy Coordinator 

for Burma appointed under subsection (a) shall have the rank of 

ambassador and shall hold the office at the pleasure of the President. Except for the position of United States Ambassador to the 

Association of Southeast Asian Nations, the Special Representative 

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retary of State, the Deputy Assistant Secretary of State, the United 

States Ambassador to Burma, or the Charge d’affairs to Burma. 

ø(c) DUTIES AND RESPONSIBILITIES.—The Special Representative 

and Policy Coordinator for Burma shall— 

ø(1) promote a comprehensive international effort, including 

multilateral sanctions, direct dialogue with the SPDC and democracy advocates, and support for nongovernmental organizations operating in Burma and neighboring countries, designed 

to restore civilian democratic rule to Burma and address the 

urgent humanitarian needs of the Burmese people; 

ø(2) consult broadly, including with the Governments of the 

People’s Republic of China, India, Thailand, and Japan, and 

the member states of ASEAN and the European Union to coordinate policies toward Burma; 

ø(3) assist efforts by the United Nations Special Envoy to secure the release of all political prisoners in Burma and to promote dialogue between the SPDC and leaders of Burma’s democracy movement, including Aung San Suu Kyi; 

ø(4) consult with Congress on policies relevant to Burma and 

the future and welfare of all the Burmese people, including refugees; and 

ø(5) coordinate the imposition of Burma sanctions within the 

United States Government and with the relevant international 

financial institutions.¿ 

FOREIGN SERVICE ACT OF 1980 

* * * * * * * 

SEC. 2. TABLE OF CONTENTS.—The table of contents for this Act 

is as follows: 

TABLE OF CONTENTS 

Sec. 1. Short title. 

* * * * * * * 

CHAPTER 6—PROMOTION AND RETENTION

Sec. 601. Promotions. 

* * * * * * * 

øSec. 614. Foreign Service awards.¿ 

Sec. 614. Department awards. 

* * * * * * * 

TITLE I—THE FOREIGN SERVICE OF THE UNITED STATES 

* * * * * * * 

CHAPTER 3—APPOINTMENTS

SEC. 301. GENERAL PROVISIONS RELATING TO APPOINTMENTS.—(a) 

Only citizens of the United States may be appointed to the Service, 

other than for service abroad as a consular agent or as a foreign 

national employee. 

(b) øThe Secretary¿ (1) The Secretary shall prescribe, as appropriate, written, oral, physical, foreign language, and other examinations for appointment to the Service (other than as a chief of 

mission or ambassador at large). 


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(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 three different time zones across the United 

States. 

(c) The fact that an applicant for appointment as a Foreign Service officer candidate is a veteran or disabled veteran shall be considered an affirmative factor in making such appointments. As 

used in this subsection, the term ‘‘veteran or disabled veteran’’ 

means an individual who is a preference eligible under subparagraph (A), (B), or (C) of section 2108(3) of title 5, United States 

Code. 

(d)(1) Members of the Service serving under career appointments 

are career members of the Service. Members of the Service serving 

under limited appointments are either career candidates or non-career members of the Service. 

(2) Chiefs of mission, ambassadors at large, and ministers serve 

at the pleasure of the President. 

(3) An appointment as a Foreign Service officer is a career appointment. Foreign Service employees serving as career candidates 

or career members of the Service shall not represent to the income 

tax authorities of the District of Columbia or any other State or locality that they are exempt from income taxation on the basis of 

holding a Presidential appointment subject to Senate confirmation 

or that they are exempt on the basis of serving in an appointment 

whose tenure is at the pleasure of the President. 

* * * * * * * 

SEC. 308. RECALL AND REEMPLOYMENT OF CAREER MEMBERS.— ø(a) Whenever the Secretary determines that the needs of the Service so require, the Secretary may recall any retired career member 

of the Service for active duty in the same personnel category as 

that member was serving at the time of retirement. A retired career member may be recalled under this section to any appropriate 

salary class or rate, except that a retired career member of the 

Senior Foreign Service may not be recalled to a salary class higher 

than the one in which the member was serving at the time of retirement unless appointed to such higher class by the President, by 

and with the advice and consent of the Senate.¿ (a) Whenever the 

Secretary determines that the needs of the Department so require, 

the Secretary may recall any retired or voluntarily separated career 

member of the Service, or any retired or voluntarily separated career 

employee of the civil service (within the meaning of section 315.201 

of title 5, Code of Federal Regulations (or successor section)), for active duty in the same personnel category as such member or employee was serving at the time of retirement or voluntary separation. 

A recalled retired or voluntarily separated career member of the 

Service or retired or voluntarily separated career employee of the 

civil service may not be recalled to a salary class higher than the 

one in which such member or employee was serving at the time of 

retirement or voluntary separation, unless appointed to such higher 

class by the President, by and with the advice and consent of the 

Senate. 

(b) Former career members of the Service may be reappointed 

under section 302(a)(1) or 303, without regard to section 306, in a 

salary class which is appropriate in light of the qualifications and 


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experience of the individual being reappointed. Former career 

tenured members of the Service seeking reappointment, if separated 

for other than cause for up to three years prior to the date of the 

enactment of this sentence, shall be eligible to participate in the regular assignment bidding process without restriction and shall not 

be required to accept a directed first assignment upon reappointment. 

* * * * * * * 

CHAPTER 5—CLASSIFICATION OF POSITIONS AND ASSIGNMENTS

SEC. 501. CLASSIFICATION OF POSITIONS.—The Secretary shall 

designate and classify positions in the Department and at Foreign 

Service posts which are to be occupied by members of the Service 

(other than by chiefs of mission and ambassadors at large). Positions designated under this section are excepted from the competitive service. 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. Position classifications under this section shall be established, without regard to chapter 51 of title 5, United States Code, in relation 

to the salaries established under chapter 4. In classifying positions 

at Foreign Service posts abroad, the Secretary shall give appropriate weight to job factors relating to service abroad and to the 

compensation practices applicable to United States citizens employed abroad by United States corporations. 

SEC. 502. ASSIGNMENTS TO FOREIGN SERVICE POSITIONS.—(a)(1) 

The Secretary (with the concurrence of the agency concerned) may 

assign a member of the Service to any position classified under section 501 in which that member is eligible to serve (other than as 

chief of mission or ambassador at large), and may assign a member 

from one such position to another such position as the needs of the 

Service may require. 

(2) In making assignments under paragraph (1), the Secretary 

shall assure that a member of the Service is not assigned to or prohibited from being assigned to a position at a post in a particular 

geographic area, or domestically, in a position working on issues relating to a particular country or geographic area, on the basis of 

the race, ethnicity, or religion of that member. 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. 

(b) Positions designated as Foreign Service positions normally 

shall be filled by the assignment of members of the Service to those 

positions. Subject to that limitation— 

(1) Foreign Service positions may be filled by the assignment 

for specified tours of duty of employees of the Department and, 

under interagency agreements, employees of other agencies; 

and 

(2) Senior Foreign Service positions may also be filled by 

other members of the Service. 

(c) The President may assign a career member of the Service to 

serve as charge ́ d’affaires or otherwise as the head of a mission (or 

as the head of a United States office abroad which is designated 


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under section 102(a)(3) by the Secretary of State as diplomatic in 

nature) for such period as the public interest may require. 

(d) The Secretary of State, in conjunction with the heads of the 

other agencies utilizing the Foreign Service personnel system, shall 

implement policies and procedures to insure that Foreign Service 

officers and members of the Senior Foreign Service of all agencies 

are able to compete for chief of mission positions and have opportunities on an equal basis to compete for assignments outside their 

areas of specialization. 

* * * * * * * 

CHAPTER 6—PROMOTION AND RETENTION

SEC. 601. PROMOTIONS.—(a) Career members of the Senior Foreign Service are promoted by appointment under section 302(a) to 

a higher salary class in the Senior Foreign Service. Members of the 

Senior Foreign Service serving under career candidate appointments or noncareer appointments are promoted by appointment 

under section 303 to a higher salary class in the Senior Foreign 

Service. Foreign Service officers, and Foreign Service personnel 

who are assigned to a class in the Foreign Service Schedule, are 

promoted by appointment under section 302(a) as career members 

of the Senior Foreign Service or by assignment under section 404 

to a higher salary class in the Foreign Service Schedule. 

(b) Except as provided in section 606(a), promotions of— 

(1) members of the Senior Foreign Service, and 

(2) members of the Service assigned to a salary class in the 

Foreign Service Schedule (including promotions of such members into the Senior Foreign Service). 

shall be based upon the recommendations and rankings of selection 

boards established under section 602, except that the Secretary 

may by regulation specify categories of career members, categories 

of career candidates, and other members of the Service assigned to 

salary classes in the Foreign Service Schedule who may receive 

promotions on the basis of satisfactory performance. 

(c)(1) Promotions into the Senior Foreign Service shall be recommended by selection boards only from among career members of 

the Service assigned to class 1 in the Foreign Service Schedule who 

request that they be considered for promotion into the Senior Foreign Service. The Secretary shall prescribe the length of the period 

after such a request is made (within any applicable time in class 

limitation established under section 607(a)) during which such 

members may be considered by selection boards for entry into the 

Senior Foreign Service. A request by a member for consideration 

for promotion into the Senior Foreign Service under this subsection 

may be withdrawn by the member, but if it is withdrawn, that 

member may not thereafter request consideration for promotion 

into the Senior Foreign Service. 

(2) Decisions by the Secretary on the numbers of individuals to 

be promoted into and retained in the Senior Foreign Service shall 

be based upon a systematic long-term projection of personnel flows 

and needs designed to provide— 

(A) a regular, predictable flow of recruitment in the Service; 

(B) effective career development patterns to meet the needs 

of the Service; and 


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(C) a regular, predictable flow of talent upward through the 

ranks and into the Senior Foreign Service. 

(3) The affidavit requirements of sections 3332 and 3333(a) of 

title 5, United States Code, shall not apply with respect to a member of the Service who has previously complied with those requirements and who subsequently is promoted by appointment to any 

class in the Senior Foreign Service without a break in service. 

(6)(A) The øpromotion¿ promotion, on or after January 1, 2017, 

of any øindividual joining the Service on or after January 1, 2017,¿ 

Foreign Service officer, appointed under section 302(a)(1), who has 

general responsibility for carrying out the functions of the Service 

to the Senior Foreign Service shall be contingent upon such individual completing at least one tour in— 

(i) a global affairs bureau; or 

(ii) a global affairs position. 

(B) The requirements under subparagraph (A) shall not apply if 

the Secretary certifies that the individual proposed for promotion 

to the Senior Foreign Service— 

(i) has met all other requirements applicable to such promotion; and 

(ii) was unable to complete a tour in a global affairs bureau 

or global affairs position because there was not a reasonable 

opportunity for such individual to be assigned to such a position. 

(C) In this paragraph— 

(i) the term ‘‘global affairs bureau’’ means any bureau of the 

Department that is under the responsibility of— 

(I) the Under Secretary for Economic Growth, Energy, 

and Environment; 

(II) the Under Secretary for Arms Control and International Security Affairs; 

(III) the Under Secretary for Management; 

(IV) the Assistant Secretary for International Organization Affairs; 

(V) the Under Secretary for Public Diplomacy and Public 

Affairs; or 

(VI) the Under Secretary for Civilian, Security, Democracy, and Human Rights; and 

(ii) the term ‘‘global affairs position’’ means any position 

funded with amounts appropriated to the Department under 

the heading ‘‘Diplomatic Policy and Support’’. 

* * * * * * * 

SEC. 610. SEPARATION FOR CAUSE; SUSPENSION.—(a)(1) The Secretary may decide to separate any member from the Service for 

such cause as will promote the efficiency of the Service. 

(2)(A) Except as provided in subparagraph (B), whenever the Secretary decides under paragraph (1) to separate, on the basis of misconduct, any member of the Service (other than a United States citizen employed under section 311 of the Foreign Service Act of 1980 

who is not a family member) who either— 

(i) is serving under a career appointment, or 

(ii) is serving under a limited appointment, 

the member may not be separated from the Service until the member receives a hearing before the Foreign Service Grievance Board 

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lished, unless the member waives, in writing, the right to such a 

hearing, or the member’s appointment has expired, whichever is 

sooner. 

(B) The right to a hearing in subparagraph (A) does not apply 

in the case of an individual who has been convicted of a crime for 

which a sentence of imprisonment of more than one year may be 

imposed. 

(3) If the Board decides that cause for separation has not been 

established, the Board may direct the Department to pay reasonable attorneys’ fees to the extent and in the manner provided by 

section 1107(b)(5). The hearing provided under this paragraph 

shall be conducted in accordance with the hearing procedures applicable to grievances under section 1106 and shall be in lieu of any 

other administrative procedure authorized or required by this or 

any other Act. Section 1110 shall apply to proceedings under this 

paragraph. 

(4) Notwithstanding the hearing required by paragraph (2), at 

the time that the Secretary decides to separate a member of the 

Service for cause, the member shall be placed on leave without pay. 

If the member does not waive the right to a hearing, and the Board 

decides that cause for separation has not been established, the 

member shall be reinstated with back pay. 

(b) Any participant in the Foreign Service Retirement and Disability System who is separated under subsection (a) shall be entitled to receive a refund as provided in section 815 of the contributions made by the participant to the Foreign Service Retirement 

and Disability Fund. Except in cases where the Secretary determines that separation was based in whole or in part on the ground 

of disloyalty to the United States, a participant who has at least 

5 years of service credit toward retirement under the Foreign Service Retirement and Disability System (excluding military and naval 

service) may elect, in lieu of such refund, to an annuity, computed 

under section 806, commencing at age 60. 

(c)(1) In order to promote the efficiency of the Service, the Secretary may øsuspend¿ indefinitely suspend without duties a member of the Service when— 

(A) the member’s security clearance is suspended; or 

(B) there is reasonable cause to believe that the member 

has committed a crime for which a sentence of imprisonment may be imposed. 

(2) Any member of the Service for whom a suspension is proposed under this subsection shall be entitled to— 

(A) written notice stating the specific reasons for the proposed suspension; 

(B) a reasonable time to respond orally and in writing to the 

proposed suspension; 

(C) obtain at such member’s own expense representation by 

an attorney or other representative; and 

(D) a final written decision, including the specific reasons for 

such decision, as soon as practicable. 

(3) Any member suspended under this subsection may file a 

grievance in accordance with the procedures applicable to grievances under chapter 11 of title I. 

(4) If a grievance is filed pursuant to paragraph (3)— 


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(A) the review by the Foreign Service Grievance Board shall 

be limited to a determination of whether the provisions of 

paragraphs (1) and (2) have been fulfilled; and 

(B) the Board may not exercise the authority provided under 

section 1106(8). 

(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 one 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. 

ø(5) In this subsection:¿ 

ø(A) The term¿ 

(7) In this subsection, the term ‘‘reasonable time’’ means— 

ø(i)¿ (A) with respect to a member of the Service assigned to duty in the United States, 15 days after receiving 

notice of the proposed suspension; and 

ø(ii)¿ (B) with respect to a member of the Service assigned to duty outside the United States, 30 days after receiving notice of the proposed suspension. 

ø(B) The terms ‘‘suspend’’ and ‘‘suspension’’ mean placing a 

member of the Foreign Service in a temporary status without 

duties.¿ 

* * * * * * * 

SEC. 614. øFOREIGN SERVICE AWARDS.—¿ DEPARTMENT

AWARDS.—T1The President shall establish a system of awards to 

confer appropriate recognition of outstanding contributions to the 

Nation by members of the Service or Civil Service. The awards system established under this section shall provide for presentation by 

the President and by the Secretary of medals or other suitable commendations for performance in the course of or beyond the call of 

duty which involves distinguished, meritorious service to the Nation, including extraordinary valor in the face of danger to life or 

health. Distinguished, meritorious service in the promotion of 

internationally recognized human rights, including the right to 

freedom of religion, shall serve as a basis for granting awards 

under this section. 

CHAPTER 7—CAREER DEVELOPMENT, TRAINING, AND ORIENTATION

SEC. 701. INSTITUTION FOR TRAINING.—(a) The Secretary of State 

shall maintain and operate an institution or center for training 

(hereinafter in this chapter referred to as the ‘‘institution’’), originally established under section 701 of the Foreign Service Act of 

1946, in order to promote career development within the Service 

and to provide necessary training and instruction in the field of foreign relations to members of the Service and to employees of the 

Department and of other agencies. The institution shall be headed 

by a Director, who shall be appointed by the Secretary of State. 

The institution shall be designated the ‘‘George P. Shultz National 

Foreign Affairs Training Center’’ 


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(b) To the extent practicable, the Secretary of State shall provide 

training under this chapter which meets the needs of all agencies, 

and other agencies shall avoid duplicating the facilities and training provided by the Secretary of State through the institution and 

otherwise. 

(c) Training and instruction may be provided at the Institute for 

not to exceed sixty citizens of the Trust Territory of the Pacific Islands in order to prepare them to serve as members of the foreign 

services of the Federated States of Micronesia, the Marshall Islands, and Palau. The authority of this subsection shall expire 

when the Compact of Free Association is approved by the Congress. 

(d)(1) The Secretary of State is authorized to provide for special 

professional foreign affairs training and instruction of employees of 

foreign governments through the institution. 

(2) Training and instruction under paragraph (1) shall be on a 

reimbursable or advance-of-funds basis. Such reimbursements or 

advances to the Department of State may be provided by an agency 

of the United States Government or by a foreign government and 

shall be credited to the currently available applicable appropriation 

account. 

(3) In making such training available to employees of foreign governments, priority consideration should be given to officials of 

newly emerging democratic nations and then to such other countries as the Secretary determines to be in the national interest of 

the United States. 

(e)(1) The Secretary may provide appropriate training or related 

services, except foreign language training, through the institution 

to any United States person (or any employee or family member 

thereof) that is engaged in business abroad. 

(2) The Secretary may provide job-related training or related 

services, including foreign language training, through the institution to a United States person under contract to provide services 

to the United States Government or to any employee thereof that 

is performing such services. 

(3) Training under this subsection may be provided only to the 

extent that space is available and only on a reimbursable or advance-of-funds basis. Reimbursements and advances shall be credited to the currently available applicable appropriation account. 

(4) Training and related services under this subsection is authorized only to the extent that it will not interfere with the institution’s primary mission of training employees of the Department 

and of other agencies in the field of foreign relations. 

(5) In this subsection, the term ‘‘United States person’’ means— 

(A) any individual who is a citizen or national of the United 

States; or 

(B) any corporation, company, partnership, association, or 

other legal entity that is 50 percent or more beneficially owned 

by citizens or nationals of the United States. 

(f)(1) The Secretary is authorized to provide, on a reimbursable 

basis, training programs to Members of Congress or the Judiciary. 

(2) Employees of the legislative branch and employees of the judicial branch may participate, on a reimbursable basis, in training 

programs offered by the institution. 

(3) Reimbursements collected under this subsection shall be credited to the currently available applicable appropriation account. 


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(4) Training under this subsection is authorized only to the extent that it will not interfere with the institution’s primary mission 

of training employees of the Department and of other agencies in 

the field of foreign relations. 

(g)(1) The institution is authorized to receive private funds from 

private individuals and organizations to supplement the institution’s funding and expand and enhance training, including for the 

following: 

(A) Design and implementation of a degree granting program 

at the institution. 

(B) Curriculum development. 

(C) Training and classes for Members of Congress and congressional staff. 

(D) Hiring retired Department of State personnel to teach, 

notwithstanding other hiring limitations. 

(E) Other purposes as determined appropriate and necessary 

by the Secretary of State. 

(2) Private funding received by the institution pursuant to this 

subsection shall be provided at the discretion of the grantor individual or organization, as the case may be. 

(3) Not less than once annually, and at the request of the Committee on Foreign Affairs or the Committee on Appropriations of the 

House of Representatives or the Committee on Foreign Relations or 

the Committee on Appropriations of the Senate, the Department 

shall provide the names of grantors and information relating to the 

nature and amounts of any contributions made. 

ø(g)¿ (h) The authorities of section 704 shall apply to training 

and instruction provided under this section. 

* * * * * * * 

CHAPTER 9—TRAVEL, LEAVE, AND OTHER BENEFITS

SEC. 901. TRAVEL AND RELATED EXPENSES.—The Secretary may 

pay the travel and related expenses of members of the Service and 

their families, including costs or expenses incurred for— 

(1) proceeding to and returning from assigned posts of duty; 

(2) authorized or required home leave; 

(3) family members to accompany, precede, or follow a member of the Service to a place of temporary duty; 

(4) representational travel within the country to which the 

member of the Service is assigned or, when not more than one 

family member participates, outside such country; 

(5) obtaining necessary medical care for an illness, injury, or 

medical condition while abroad in a locality where there is no 

suitable person or facility to provide such care (without regard 

to those laws and regulations limiting or restricting the furnishing or payment of transportation and traveling expenses), 

as well as expenses for— 

(A) an attendant or attendants for a member of the Service or a family member who is too ill to travel unattended 

or for a family member who is too young to travel alone, 

and 

(B) a family member incapable of caring for himself or 

herself if he or she remained at the post at which the 

member of the Service is serving; 


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(6) rest and recuperation travel of members of the Service 

who are United States citizens, and members of their families, 

while serving at locations abroad specifically designated by the 

Secretary for purposes of this paragraph, to— 

(A) other locations abroad having different social, climatic, or other environmental conditions than those at the 

post at which the member of the Service is serving, or 

(B) locations in the United States or its territories, including American Samoa, the Commonwealth of Puerto 

Rico, Guam, the Commonwealth of the Northern Mariana 

Islands, and the United States Virgin Islands; 

except that, unless the Secretary otherwise specifies in extraordinary circumstances, travel expenses under this paragraph 

shall be limited to the cost for a member of the Service, and 

for each member of the family of the member, of 1 round trip 

during any continuous 2-year tour unbroken by home leave 

and of 2 round trips during any continuous 3-year tour unbroken by home leave; 

(7) removal of the family members of a member of the Service, and the furniture and household and personal effects (including automobiles) of the family, from a Foreign Service post 

where there is imminent danger because of the prevalence of 

disturbed conditions, and the return of such individuals, furniture, and effects to such post upon the cessation of such conditions, or to such other Foreign Service post as may in the 

meantime have become the post to which the member of the 

Service has been reassigned; 

(8) trips by a member of the Service, and members of his or 

her family, for purposes of family visitation in situations where 

the family of the member is prevented by official order from accompanying the member to, or has been ordered from, the assigned post of the member because of imminent danger due to 

the prevalence of disturbed conditions, except that— 

(A) with respect to any such member whose family is located in the United States, the Secretary may pay the 

costs and expenses for not to exceed two round trips in a 

12-month period; and 

(B) with respect to any such member whose family is located abroad, the Secretary may pay such costs and expenses for trips in a 12-month period as do not exceed the 

cost of 2 round trips (at less than first class) to the District 

of Columbia; 

(9) round-trip travel to or from an employee’s post of assignment for purposes of family visitation in emergency situations 

involving personal hardship, except that payment for travel by 

family members to an employee’s post of assignment may be 

authorized under this paragraph only where the family of the 

member is prevented by official order from residing at such 

post; 

(10) preparing and transporting to the designated home in 

the United States or to a place not more distant, the remains 

of a member of the Service, or of a family member of a member 

of the Service, who dies abroad or while in travel status or, if 

death occurs in the United States, transport of the remains to 


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136 

the designated home in the United States or to a place not 

more distant; 

(11) transporting the furniture and household and personal 

effects of a member of the Service (and of his or her family) 

to successive posts of duty and, on separation of a member 

from the Service, to the place where the member will reside (or 

if the member has died, to the place where his or her family 

will reside); 

(12) packing and unpacking, transporting to and from a 

place of storage, and storing the furniture and household and 

personal effects of a member of the Service (and of his or her 

family)— 

(A) when the member is absent from his or her post of 

assignment under orders or is assigned to a Foreign Service post to which such furniture and household and personal effects cannot be taken or at which they cannot be 

used, or when it is in the public interest or more economical to authorize storage; 

(B) in connection with an assignment of the member to 

a new post, except that costs and expenses may be paid 

under this subparagraph only for the period beginning on 

the date of departure from his or her last post or (in the 

case of a new member) on the date of departure from the 

place of residence of the member and ending on the earlier 

of the date which is 3 months after arrival of the member 

at the new post or the date on which the member establishes residence quarters, except that in extraordinary circumstances the Secretary may extend this period for not 

more than an additional 90 days; and 

(C) in connection with separation of the member from 

the Service, except that costs or expenses may not be paid 

under this subparagraph for storing furniture and household and personal effects for more than 3 months, except 

that in extraordinary circumstances the Secretary may extend this period for not more than an additional 90 days; 

(13) transporting, for or on behalf of a member of the Service, a privately owned motor vehicle in any case in which the 

Secretary determines that water, rail, or air transportation of 

the motor vehicle is necessary or expedient for all or any part 

of the distance between points of origin and destination, but 

transportation may be provided under this paragraph for only 

one motor vehicle of a member during any 48-month period 

while the member is continuously serving abroad, except that 

another motor vehicle may be so transported as a replacement 

for such motor vehicle if such replacement— 

(A) is determined, in advance, by the Secretary to be 

necessary for reasons beyond the control of the members 

and in the interest of the Government, or 

(B) is incident to a reassignment when the cost of transporting the replacement motor vehicle does not exceed the 

cost of transporting the motor vehicle that is replaced; 

(14) the travel and relocation of members of the Service, and 

members of their families, assigned to or within the United 

States (or any territory or possession of the United States or 

the Commonwealth of Puerto Rico), including assignments 


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137 

under subchapter VI of chapter 33 of title 5, United States 

Code (notwithstanding section 3375(a) of such title, if an agreement similar to that required by section 3375(b) of such title 

is executed by the member of the Service); and 

(15) ø1 round-trip per year for each child below age 21 of a 

member of the Service assigned abroad¿ in the case of one or 

more children below age 21 of a member of the Service assigned 

abroad, 1 round-trip per year— (A) for each child to visit the member abroad if the child 

does not regularly reside with the member and the member is not receiving an education allowance or educational 

travel allowance for the child under section 5924(4) of title 

5, United States Codeø; or¿, (B) for each child to visit the other parent of the child 

if the other parent resides in a country other than the 

country to which the member is assigned and the child 

regularly resides with the member and does not regularly 

attend school in the country in which the other parent resides, or 

(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, 

except that øa payment¿ the cost of round-trip travel under this 

paragraph may not exceed the cost of round-trip travel between the 

post to which the member is assigned and the residence of the 

other parent, or between the post to which the member is assigned 

and the residence of the child if the child does not reside with a 

parent. 

* * * * * * * 

SEC. 903. REQUIRED LEAVE IN THE UNITED STATES.—(a) The Secretary may order a member of the Service (other than a member 

employed under section 311) who is a citizen of the United States 

to take a leave of absence under section 6305 of title 5, United 

States Code (without regard to the introductory clause of subsection (a) of that section), upon completion by that member of 18 

months of continuous service abroad. The Secretary shall order on 

such a leave of absence a member of the Service (other than a 

member employed under section 311) who is a citizen of the United 

States as soon as possible after completion by that member of 3 

years of continuous service abroad. 

(b) Leave ordered under this section may be taken in the United 

States or its territories, including American Samoa, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern 

Mariana Islands, and the United States Virgin Islands. In cases in 

which the family members of a member of the Service reside apart 

from the member at authorized locations outside the United States 

because they are prevented by official order from residing with the 

member at post, the member may take the leave ordered under this 

section where that member’s family members reside, notwithstanding section 6305 of title 5, United States Code. 

(c) While on a leave of absence ordered under this section, the 

services of any member of the Service shall be available for such 


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work or duties in the Department or elsewhere as the Secretary 

may prescribe, but the time of such work or duties shall not be 

counted as leave. 

* * * * * * * 

ENERGY INDEPENDENCE AND SECURITY ACT OF 2007 

* * * * * * * 

TITLE IX—INTERNATIONAL ENERGY 

PROGRAMS 

* * * * * * * 

Subtitle C—Miscellaneous Provisions 

SEC. 931. ENERGY DIPLOMACY AND SECURITY WITHIN THE DEPARTMENT OF STATE. 

ø(a) STATE DEPARTMENT COORDINATOR FOR INTERNATIONAL EN- ERGY AFFAIRS.— 

ø(1) IN GENERAL.—The Secretary of State should ensure that 

energy security is integrated into the core mission of the Department of State. 

ø(2) COORDINATOR FOR INTERNATIONAL ENERGY AFFAIRS.— 

There is established within the Office of the Secretary of State 

a Coordinator for International Energy Affairs, who shall be 

responsible for— 

ø(A) representing the Secretary of State in interagency 

efforts to develop the international energy policy of the 

United States; 

ø(B) ensuring that analyses of the national security implications of global energy and environmental developments are reflected in the decision making process within 

the Department of State; 

ø(C) incorporating energy security priorities into the activities of the Department of State; 

ø(D) coordinating energy activities of the Department of 

State with relevant Federal agencies; and 

ø(E) coordinating energy security and other relevant 

functions within the Department of State currently undertaken by offices within— 

ø(i) the Bureau of Economic, Energy and Business 

Affairs; 

ø(ii) the Bureau of Oceans and International Environmental and Scientific Affairs; and 

ø(iii) other offices within the Department of State. 

ø(3) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as may be necessary to 

carry out this subsection. 

ø(b) ENERGY EXPERTS IN KEY EMBASSIES.—Not later than 180 

days after the date of the enactment of this Act, the Secretary of 

State shall submit a report to the Committee on Foreign Relations 


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139 

of the Senate and the Committee on Foreign Affairs of the House 

of Representatives that includes— 

ø(1) a description of the Department of State personnel who 

are dedicated to energy matters and are stationed at embassies 

and consulates in countries that are major energy producers or 

consumers; 

ø(2) an analysis of the need for Federal energy specialist personnel in United States embassies and other United States 

diplomatic missions; and 

ø(3) recommendations for increasing energy expertise within 

United States embassies among foreign service officers and options for assigning to such embassies energy attache ́s from the 

National Laboratories or other agencies within the Department 

of Energy.¿ 

ø(c)¿ (a) ENERGY ADVISORS.—The Secretary of Energy may make 

appropriate arrangements with the Secretary of State to assign 

personnel from the Department of Energy or the National Laboratories of the Department of Energy to serve as dedicated advisors 

on energy matters in embassies of the United States or other 

United States diplomatic missions. 

ø(d)¿ (b) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, and every 2 years thereafter for the following 20 years, the Secretary of State shall submit a report to the 

Committee on Foreign Relations of the Senate and the Committee 

on Foreign Affairs of the House of Representatives that describes— 

(1) the energy-related activities being conducted by the Department of State, including activities within— 

(A) the Bureau of Economic, Energy and Business Affairs; 

(B) the Bureau of Oceans and Environmental and Scientific Affairs; and 

(C) other offices within the Department of State; 

(2) the amount of funds spent on each activity within each 

office described in paragraph (1); and 

(3) the number and qualification of personnel in each embassy (or relevant foreign posting) of the United States whose 

work is dedicated exclusively to energy matters. 

* * * * * * * 

SECTION 1 OF THE PASSPORT ACT OF JUNE 4, 1920 

FEES FOR PASSPORTS AND VISES

SECTION 1. (a) There shall be collected and paid into the Treasury of the United States a fee, prescribed by the Secretary of State 

by regulation, for the filing of each application for a passport (including the cost of passport issuance and use) and a fee, prescribed 

by the Secretary of State by regulation, for executing each such application; except that the Secretary of State may by regulation authorize State officials or the United States Postal Service to collect 

and retain the execution fee for each application for a passport accepted by such officials or by that Service., Such fees shall not be 

refundable, except as the Secretary may by regulation prescribe. 

No passport fee shall be collected from an officer or employee of the 


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140 

United States proceeding abroad in the discharge of official duties, 

or from members of his immediate family; from an American seaman who requires a passport in connection with his duties aboard 

an American-flag vessel; from a widow, widower, child, parent, 

grandparent, brother, or sister of a deceased member of the Armed 

Forces proceeding abroad to visit the grave of such member or to 

attend a funeral or memorial service for such member; or from an 

individual or individuals abroad, returning to the United States, 

when the Secretary determines that foregoing the collection of such 

fee is justified for humanitarian reasons or for law enforcement 

purposes. No execution fee shall be collected for an application 

made before a Federal official by a person excused from payment 

of the passport fee under this section. 

(b)(1) The Secretary of State may by regulation establish and collect a surcharge on applicable fees for the filing of each application 

for a passport in order to cover the costs of meeting the increased 

demand for passports as a result of actions taken to comply with 

section 7209(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note). Such 

surcharge shall be in addition to the fees provided for in subsection 

(a) and in addition to the surcharges or fees otherwise authorized 

by law and shall be deposited in the Consular and Border Security 

Programs account, to remain available until expended for the purposes of meeting such costs. 

(2) The authority to collect the surcharge provided under paragraph (1) may ønot be exercised after September 30, 2017.¿ be exercised beginning on the date of the enactment of the Department of 

State Authorization Act of 2019. 

(3) The Secretary of State shall ensure that, to the extent practicable, the total cost of a passport application during fiscal years 

2006 and 2007, including the surcharge authorized under paragraph (1), shall not exceed the cost of the passport application as 

of December 1, 2005. 

FISHERMEN’S PROTECTIVE ACT OF 1967 

* * * * * * * 

SEC. 7. (a) The Secretary, upon receipt of an application filed 

with him at any time after the effective date of this section by the 

owner of any vessel of the United States which is documented or 

certificated as a commercial fishing vessel, shall enter into an 

agreement with such owner subject to the provisions of this section 

and such other terms and conditions as the Secretary deems appropriate. Such agreement shall provide that, if said vessel is seized 

by a foreign country and detained under the conditions of section 

2 of this Act, the Secretary shall guarantee— 

(1) the owner of such vessel for all actual costs, except those 

covered by section 3 of this Act, incurred by the owner during 

the seizure and detention period and as a direct result thereof, 

as determined by the Secretary, resulting (A) from any damage 

to, or destruction of, such vessel, or its fishing gear or other 

equipment, (B) from the loss or confiscation of such vessel, 

gear, or equipment, or (C) from dockage fees or utilities; 


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141 

(2) the owner of such vessel and its crew for the market 

value of fish caught before seizure of such vessel and confiscated or spoiled during the period of detention; and 

(3) the owner of such vessel and its crew for not to exceed 

50 per centum of the gross income lost as a direct result of 

such seizure and detention, as determined by the Secretary of 

State, based on the value of the average catch per day’s fishing 

during the three must recent calendar years immediately preceding such seizure and detention of the vessel seized, or, if 

such experience is not available, then of all commercial fishing 

vessels of the United States engaged in the same fishery as 

that of the type and size of the seized vessel. 

(b) Payments made by the Secretary under paragraphs (2) and 

(3) of subsection (a) of this section shall be distributed by the Secretary in accordance with the usual practices and procedures of the 

particular segment of the United States commercial fishing industry to which the seized vessel belongs relative to the sale of fish 

caught and the distribution of the proceeds of such sale. 

(c) The Secretary shall from time to time establish by regulation 

fees which shall be paid by the owners of vessels entering into 

agreements under this section. Such fees shall be adequate (1) to 

recover the costs of administering this section, and (2) to cover a 

reasonable portion of any payments made by the Secretary under 

this section. All fees collected by the Secretary shall be credited to 

a separate account established in the Treasury of the United States 

which shall remain available without fiscal year limitation to carry 

out the provisions of this section. Those fees not currently needed 

for payments under this section shall be kept on deposit or invested 

in obligations of, or guaranteed by, the United States and all revenues accruing from such deposits or investments shall be credited 

to such separate account. If a transfer of funds is made to the separate account under section 5(b)(2) with respect to an unpaid claim 

and such claim is later paid, the amount so paid shall be covered 

into the Treasury as miscellaneous receipts. All payments under 

this section shall be made first out of such fees so long as they are 

available, and thereafter out of funds which are hereby authorized 

to be appropriated to such account to carry out the provisions of 

this section. 

(d) All determinations made under this section shall be final. No 

payment under this section shall be made with respect to any 

losses covered by any policy of insurance or other provision of law. 

ø(e) The provisions of this section shall be effective until October 

1, 2018, except that payments may be made under this section only 

to such extent and in such amounts as are provided in advance in 

appropriation Acts.¿ 

(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. 

(f) For the purposes of this section— 

(1) the term ‘‘Secretary’’ means the Secretary of State. 

(2) the term ‘‘owner’’ includes any charterer of a commercial 

fishing vessel. 

* * * * * * * 


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SECTION 570 OF THE FOREIGN OPERATIONS, EXPORT 

FINANCING, AND RELATED PROGRAMS APPROPRIATIONS ACT, 1997 

(Public Law 104-208) 

SEC. 570. POLICY TOWARD BURMA. 

(a) Until such time as the President determines and certifies to 

Congress that Burma has made measurable and substantial 

progress in improving human rights practices and implementing 

democratic government, the following sanctions shall be imposed on 

Burma: 

(1) BILATERAL ASSISTANCE.—There shall be no United States 

assistance to the Government of Burma, other than: 

(A) humanitarian assistance, 

(B) subject to the regular notification procedures of the 

Committees on Appropriations, counter-narcotics assistance under chapter 8 of part I of the Foreign Assistance 

Act of 1961, or crop substitution assistance, if the Secretary of State certifies to the appropriate congressional 

committees that— 

(i) the Government of Burma is fully cooperating 

with United States counter-narcotics efforts, and 

(ii) the programs are fully consistent with United 

States human rights concerns in Burma and serve the 

United States national interest, and 

(C) assistance promoting human rights and democratic 

values. 

(2) MULTILATERAL ASSISTANCE.—The Secretary of the Treasury shall instruct the United States executive director of each 

international financial institution to vote against any loan or 

other utilization of funds of the respective bank to or for 

Burma. 

(3) VISAS.—Except as required by treaty obligations or to 

staff the Burmese mission to the United States, the United 

States should not grant entry visas to any Burmese government official. 

(b) CONDITIONAL SANCTIONS.—The President is hereby authorized to prohibit, and shall prohibit United States persons from new 

investment in Burma, if the President determines and certifies to 

Congress that, after the date of enactment of this Act, the Government of Burma has physically harmed, rearrested for politi- cal 

acts, or exiled Daw Aung San Suu Kyi or has committed largescale repression of or violence against the Democratic opposition. 

ø(c) MULTILATERAL STRATEGY.—The President shall seek to develop, in coordination with members of ASEAN and other countries 

having major trading and investment interests in Burma, a comprehensive, multilateral strategy to bring democracy to and improve human rights practices and the quality of life in Burma, including the development of a dialogue between the State Law and 

Ordcr Restoration Council (SLORC) and democratic opposition 

groups within Burma.¿ 

(c) MULTILATERAL STRATEGY.—The President shall develop, in coordination with members of ASEAN and other likeminded countries, a comprehensive, multilateral strategy to bring about further 

democratic consolidation in Burma and improve human rights 


SSpencer on DSKBBXCHB2PROD with REPORTS
143 

practices and the quality of life in Burma, including the development of a dialogue leading to genuine national reconciliation. 

(d) PRESIDENTIAL REPORTS.—Every øsix months¿ year following 

the enactment of this Act, the President shall report to the Chairmen of the Committee on Foreign Relations, the Committee on 

International Relations and the House and Senate Appropriations 

Committees on the following: 

(1) progress toward democratization in Burma; 

(2) progress on improving the quality of life of the Burmese 

people, including progress on market reforms, living standards, 

labor standards, use of forced labor in the tourism industry, 

and environmental quality; and 

(3) improvements in human rights practices; 

(4) progress toward broad-based and inclusive economic 

growth; 

(5) progress toward genuine national reconciliation; 

(6) progress on improving the quality of life of the Burmese 

people, including progress relating to market reforms, living 

standards, labor standards, use of forced labor in the tourism 

industry, and environmental quality; and 

ø(3)¿ (7) progress made in developing the strategy referred 

to in subsection (c). 

(e) WAIVER AUTHORITY.—The President shall have the authority 

to waive, temporarily or permanently, any sanction referred to in 

subsection (a) or subsection (b) if he determines and certifies to 

Congress that the application of such sanction would be contrary 

to the national security interests of the United States. 

(f) DEFINITIONS.— 

(1) The term ‘‘international financial institutions’’ shall include the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Multilateral Investment 

Guarantee Agency, the Asian Development Bank, and the 

International Monetary Fund. 

(2) The term ‘‘new investment’’ shall mean any of the following activities if such an activity is undertaken pursuant to 

an agreement, or pursuant to the exercise of rights under such 

an agreement, that is entered into with the Government of 

Burma or a nongovernmental entity in Burma, on or after the 

date of the certification under subsection (b): 

(A) the entry into a contract that includes the economical development of resources located in Burma, or the 

entry into a contract providing for the general supervision 

and guarantee of another person’s performance of such a 

contGct; 

(B) the purchase of a share of ownership, including an 

equity interest, in that development; 

(C) the entry into a contract providing for the participation in royalties, earnings, or profits in that development, 

without regard to the form of the participation: 

Provided, That the term ‘‘new investment’’ does not include the 

entry into, performance of, or financing of a contract to sell or 

purchase goods, services, or technology. 


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PUBLIC LAW 101-246 

AN ACT To authorize appropriations for fiscal years 1990 and 1991 for the 

Department of State, and for other purposes. 

* * * * * * * 

TITLE IV—INTERNATIONAL ORGANIZATIONS AND 

COMMISSIONS 

* * * * * * * 

øSEC. 406. ANNUAL REPORT TO CONGRESS ON VOTING PRACTICES AT 

THE UNITED NATIONS. 

ø(a) IN GENERAL.—Not later than March 31 of each year, the 

Secretary of State shall transmit to the Speaker of the House of 

Representatives and the chairman of the Committee on Foreign Relations of the Senate a full and complete annual report which assesses for the preceding calendar year, with respect to each foreign 

country member of the United Nations, the voting practices of the 

governments of such countries at the United Nations, and which 

evaluates General Assembly and Security Council actions and the 

responsiveness of those governments to United States policy on 

issues of special importance to the United States. 

ø(b) INFORMATION ON VOTING PRACTICES IN THE UNITED NA- TIONS.—Such report shall include, with respect to voting practices 

and plenary actions in the United Nations during the preceding 

calendar year, information to be compiled and supplied by the Permanent Representative of the United States to the United Nations, 

consisting of— 

ø(1) an analysis and discussion, prepared in consultation 

with the Secretary of State, of the extent to which member 

countries supported United States policy objectives at the 

United Nations; 

ø(2) an analysis and discussion, prepared in consultation 

with the Secretary of State, of actions taken by the United Nations by consensus; 

ø(3) with respect to plenary votes of the United Nations General Assembly— 

ø(A) a listing of all such votes on issues which directly 

affected important United States interests and on which 

the United States lobbied extensively and a brief description of the issues involved in each such vote; 

ø(B) a listing of the votes described in subparagraph (A) 

which provides a comparison of the vote cast by each member country with the vote cast by the United States; 

ø(C) a country-by-country listing of votes described in 

subparagraph (A); and 

ø(D) a listing of votes described in subparagraph (A) displayed in terms of United Nations regional caucus groups; 

ø(4) a listing of all plenary votes cast by member countries 

of the United Nations in the General Assembly which provides 

a comparison of the votes cast by each member country with 

the vote cast by the United States, including a separate listing 

of all plenary votes cast by member countries of the United 

Nations in the General Assembly on resolutions specifically related to Israel that are opposed by the United States; 


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ø(5) an analysis and discussion, prepared in consultation 

with the Secretary of State, of the extent to which other members supported United States policy objectives in the Security 

Council and a separate listing of all Security Council votes of 

each member country in comparison with the United States; 

and 

ø(6) a side-by-side comparison of agreement on important 

and overall votes for each member country and the United 

States. 

ø(c) FORMAT.—Information required pursuant to subsection (b)(3) 

shall also be submitted, together with an explanation of the statistical methodology, in a format identical to that contained in chapter II of the Report to Congress on Voting Practices in the United 

Nations, dated March 14, 1988. 

ø(d) STATEMENT BY THE SECRETARY OF STATE.—Each report 

under subsection (a) shall contain a statement by the Secretary of 

State discussing the measures which have been taken to inform 

United States diplomatic missions of United Nations General Assembly and Security Council activities. 

ø(e) TECHNICAL AND CONFORMING AMENDMENTS.—The following 

provisions of law are repealed: 

ø(1) The second undesignated paragraph of section 101(b)(l) 

of the Foreign Assistance and Related Programs Appropriations Act, 1984 (Public Law 98-151; 97 Stat. 967). 

ø(2) Section 529 of the Foreign Assistance and Related Programs Appropriations Act, 1986, as enacted by Public Law 99- 

190 (99 Stat. 1307). 

ø(3) Section 528 of the Foreign Assistance and Related Programs Appropriations Act, 1987, as enacted by Public Law 99- 

500 (100 Stat. 1783) and Public Law 99-591 (100 Stat. 3341). 

ø(4) Section 528 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988, as enacted by Public Law 100-202 (101 Stat. 1329). 

ø(5) Section 527 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989, as enacted by Public Law 100-461.¿ 

* * * * * * * 

TITLE VIII—PLO COMMITMENTS 

COMPLIANCE ACT OF 1989 

SEC. 801. SHORT TITLE. 

This title may be cited as the ‘‘PLO Commitments Compliance 

Act of 1989’’. 

* * * * * * * 

SEC. 804. REPORTING REQUIREMENT. 

(a) REPORT ON ARMED INCURSIONS.—In the event that talks are 

held with the PLO after the date of enactment of this Act, the Secretary of State, shall, within 30 days after the next round of such 

talks, report to the Chairman of the Committee on Foreign Affairs 

of the Senate and the Speaker of the House of Representatives any 


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146 

accounting provided by the representative of the PLO of the incidents described in section 803(c). 

ø(b) REPORT ON COMPLIANCE WITH COMMITMENTS.—In conjunction with each written policy justification required under section 

604(b)(1) of the Middle East Peace Facilitation Act of 1995 or every 

180 days,, the President shall submit to the Speaker of the House 

of Representatives and the chairman of the Committee on Foreign 

Relations of the Senate a report, in unclassified form to the maximum extent practicable, regarding progress toward the achievement of the measures described in section 803(b). Such report shall 

include— 

ø(1) a description of actions or statements by the PLO as an 

organization, its Chairman, members of its Executive Committee, members of the Palestine National Council, or any constituent groups related thereto, as they relate to the Geneva 

commitments of December 1988 and each of the commitments 

described in section 584(a) of the Middle East Peace Facilitation Act of 1994 (Oslo commitments), including actions or 

statements that contend that the declared ‘‘Palestinian state’’ 

encompasses all of Israel; 

ø(2) a description of the steps, if any, taken by the PLO to 

evict or otherwise discipline individuals or groups taking actions inconsistent with the Geneva and Oslo commitments; 

ø(3) a statement of whether the PLO, in accordance with 

procedures in Article 33 of the Palestinian National Covenant, 

has repealed provisions in that Covenant which call for Israel’s 

destruction; 

ø(4) a statement of whether the PLO has repudiated its 

‘‘strategy of stages’’ whereby it seeks to use a Palestinian state 

in the West Bank and Gaza as the first step in the total elimination of the state of Israel; 

ø(5) a statement of whether the PLO has called on any Arab 

state to recognize and enter direct negotiations with Israel or 

to end its economic boycott of Israel; 

ø(6) a statement of whether ‘‘Force 17’’ and the ‘‘Hawari 

Group’’, units directed by Yasser Arafat that have carried out 

terrorist attacks, have been disbanded and not reconstituted 

under different names; 

ø(7) a statement of whether the following PLO constituent 

groups conduct or participate in terrorist or other violent activities: the Fatah; the Popular Front for the Liberation of Palestine; the Democratic Front for the Liberation of Palestine; 

the Arab Liberation Front; the Palestine Liberation Front; 

ø(8) a statement of the PLO’s position on the unrest in the 

West Bank and Gaza, and whether the PLO threatens, through 

violence or other intimidation measures, Palestinians in the 

West Bank and Gaza who advocate a cessation of or who do 

not support the unrest, and who might be receptive to taking 

part in elections there; 

ø(9) a statement of the position of the PLO regarding the 

prosecution and extradition, if so requested, of known terrorists such as Abu Abbas, who directed the Achille Lauro hijacking during which Leon Klinghoffer was murdered, and 

Muhammed Rashid, implicated in the 1982 bombing of a 


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PanAm jet and the 1986 bombing of a TWA jet in which four 

Americans were killed; 

ø(10) a statement of the position of the PLO on providing 

compensation to the American victims or the families-of American victims of PLO terrorism; and 

ø(11) measures taken by the PLO to prevent acts of terrorism, crime and hostilities and to legally punish offenders, as 

called for in the Gaza-Jericho agreement of May 4, 1994. 

ø(11) a statement on the effectiveness of end-use monitoring 

of international or United States aid being provided to the Palestinian Authority, Palestinian Liberation Organization, or the 

Palestinian Legislative Council, or to any other agent or instrumentality of the Palestinian Authority, on Palestinian efforts to comply with international accounting standards and on 

enforcement of anti-corruption measures; and 

ø(12) a statement on compliance by the Palestinian Authority with the democratic reforms, with specific details regarding 

the separation of powers called for between the executive and 

Legislative Council, the status of legislation passed by the Legislative Council and sent to the executive, the support of the 

executive for local and municipal elections, the status of freedom of the press, and of the ability of the press to broadcast 

debate from within the Legislative Council and about the activities of the Legislative Council.¿ 

(c) REPORT ON POLICIES OF ARAB STATES.—Not more than 30 

days after the date of enactment of this Act, the Secretary of State 

shall prepare and submit to the Congress a report concerning the 

policies of Arab states toward the Middle East peace process, including progress toward— 

(1) public recognition of Israel’s right to exist in peace and 

security; 

(2) ending the Arab economic boycott of Israel; and 

(3) ending efforts to expel Israel from international organizations or denying participation in the activities of such organizations. 

* * * * * * * 

JERUSALEM EMBASSY ACT OF 1995 

(Public Law 104-45) 

* * * * * * * 

øSEC. 6. SEMIANNUAL REPORTS. 

øAt the time of the submission of the President’s fiscal year 1997 

budget request, and every six months thereafter, the Secretary of 

State shall report to the Speaker of the House of Representatives 

and the Committee on Foreign Relations of the Senate on the 

progress made toward opening the United States Embassy in Jerusalem.¿ 

* * * * * * * 


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PUBLIC LAW 96-465 

AN ACT To promote the foreign policy of the United States by strengthening and 

improving the Foreign Service of the United States, and for other purposes. 

* * * * * * * 

TITLE I—THE FOREIGN SERVICE OF THE UNITED STATES 

* * * * * * * 

CHAPTER 7—CAREER DEVELOPMENT, TRAINING, AND ORIENTATION

* * * * * * * 

SEC. 702. FOREIGN LANGUAGE REQUIREMENTS.—(a) The Secretary 

shall establish foreign language proficiency requirements for members of the Service who are to be assigned abroad in order that Foreign Service posts abroad will be staffed by individuals having a 

useful knowledge of the language or dialect common to the country 

in which the post is located. 

(b) The Secretary of State shall arrange for appropriate language 

training of members of the Service by the institution or otherwise 

in order to assist in meeting the requirements established under 

subsection (a). 

ø(c) Not later than January 31 of each year, the Director General 

of the Foreign Service shall submit a report to the Committee on 

Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives summarizing 

the number of positions in each overseas mission requiring foreign 

language competence that— 

ø(1) became vacant during the previous fiscal year; and 

ø(2) were filled by individuals having the required foreign 

language competence.¿ 

* * * * * * * 

DEPARTMENT OF STATE AUTHORITIES ACT, FISCAL 

YEAR 2017 

* * * * * * * 

TITLE I—EMBASSY SECURITY AND 

PERSONNEL PROTECTION 

* * * * * * * 

Subtitle B—Physical Security and 

Personnel Requirements 

* * * * * * * 

SEC. 118. øANNUAL REPORT ON EMBASSY CONSTRUCTION COSTS¿ BIANNUAL REPORT ON OVERSEAS CAPITAL CONSTRUCTION 

PROJECTS. 

ø(a) IN GENERAL.—Not later than 180 days after the date of the 

enactment of this Act and annually thereafter, the Secretary shall 


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submit to the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives a comprehensive report regarding all ongoing embassy 

construction projects and major embassy security upgrade projects. 

ø(b) CONTENTS.—Each report required under subsection (a) shall 

include the following with respect to each ongoing embassy construction projects and major embassy security upgrade projects: 

ø(1) The initial cost estimate. 

ø(2) The amount expended on the project to date. 

ø(3) The projected timeline for completing the project. 

ø(4) Any cost overruns incurred by the project.¿ 

(a) IN GENERAL.—Not later than 180 days after the date of the 

enactment of this subsection and every 180 days thereafter until the 

date that is four 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. 

(c) INITIAL REPORT.—The first report required under subsection 

(a) shall include an annex regarding all embassy construction 

projects and major embassy security upgrade projects completed 

during the 10-year period ending on the date of the enactment of 

this Act, including, for each such project, the following: 

(1) The initial cost estimate. 

(2) The amount actually expended on the project. 

(3) Any additional time required to complete the project beyond the initial timeline. 


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(4) Any cost overruns incurred by the project. 

* * * * * * * 

OMNIBUS DIPLOMATIC SECURITY AND ANTITERRORISM 

ACT OF 1986 

* * * * * * * 

TITLE III—PERFORMANCE AND 

ACCOUNTABILITY 

SEC. 301. ACCOUNTABILITY REVIEW BOARDS. 

(a) IN GENERAL.— (1) CONVENING A BOARD.—Except as provided in paragraphs 

(2) and (3), in any case of serious injury, loss of life, or significant destruction of property at, or related to, a United States 

Government mission abroad, and in any case of a serious 

breach of security involving intelligence activities of a foreign 

government directed at a United States Government mission 

abroad, which is covered by the provisions of titles I through 

IV (other than a facility or installation subject to the control 

of a United States area military commander), the Secretary of 

State shall convene an Accountability Review Board (in this 

title referred to as the ‘‘Board’’). The Secretary shall not convene a Board where the Secretary determines that a case 

clearly involves only causes unrelated to security. 

(2) DEPARTMENT OF DEFENSE FACILITIES AND PERSONNEL.—- 

The Secretary of State is not required to convene a Board in 

the case of an incident described in paragraph (1) that involves 

any facility, installation, or personnel of the Department of Defense with respect to which the Secretary has delegated operational control of overseas security functions to the Secretary 

of Defense pursuant to section 106 of this Act. In any such 

case, the Secretary of Defense shall conduct an appropriate inquiry. The Secretary of Defense shall report the findings and 

recommendations of such inquiry, and the action taken with 

respect to such recommendations, to the Secretary of State and 

Congress. 

(3) FACILITIES IN øAFGHANISTAN AND¿ AFGHANISTAN, YEMEN, 

SYRIA, AND IRAQ.— 

(A) LIMITED EXEMPTIONS FROM REQUIREMENT TO CONVENE BOARD.—The Secretary of State is not required to 

convene a Board in the case of an incident that— 

(i) involves serious injury, loss of life, or significant 

destruction of property at, or related to, a United 

States Government mission in øAfghanistan or¿ Afghanistan, Yemen, Syria, or Iraq; and 

(ii) occurs during the period øbeginning on October 

1, 2005, and ending on September 30, 2009¿ beginning 

on October 1, 2019, and ending on September 30, 2022. 

(B) REPORTING REQUIREMENTS.—In the case of an incident described in subparagraph (A), the Secretary shall— 


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(i) promptly notify the Committee on International 

Relations of the House of Representatives and the 

Committee on Foreign Relations of the Senate of the 

incident; 

(ii) conduct an inquiry of the incident; and 

(iii) upon completion of the inquiry required by 

clause (ii), submit to each such Committee a report on 

the findings and recommendations related to such inquiry and the actions taken with respect to such recommendations. 

(b) DEADLINES FOR CONVENING BOARDS.— 

(1) IN GENERAL.—Except as provided in paragraph (2), the 

Secretary of State shall convene a Board not later than 60 days 

after the occurrence of an incident described in subsection 

(a)(1), except that such 60-day period may be extended for one 

additional 60-day period if the Secretary determines that the 

additional period is necessary for the convening of the Board. 

(2) DELAY IN CASES INVOLVING INTELLIGENCE ACTIVITIES.— 

With respect to breaches of security involving intelligence activities, the Secretary of State may delay the establishment of 

a Board if, after consultation with the chairman of the Select 

Committee on Intelligence of the Senate and the chairman of 

the Permanent Select Committee on Intelligence of the House 

of Representatives, the Secretary determines that the establishment of a Board would compromise intelligence sources or 

methods. The Secretary shall promptly advise the chairmen of 

such committees of each determination pursuant to this paragraph to delay the establishment of a Board. 

(c) NOTIFICATION TO CONGRESS.—Whenever the Secretary of 

State convenes a Board, the Secretary shall promptly inform the 

chairman of the Committee on Foreign Relations of the Senate and 

the Speaker of the House of Representatives— 

(1) that a Board has been convened; 

(2) of the membership of the Board; and 

(3) of other appropriate information about the Board. 

* * * * * * * 

TITLE IV—DIPLOMATIC SECURITY 

PROGRAM 

* * * * * * * 

SEC. 402. DIPLOMATIC CONSTRUCTION PROGRAM. 

(a) PREFERENCE FOR UNITED STATES CONTRACTORS.—Notwithstanding section 11 of the Foreign Service Buildings Act, 1926, and 

where adequate competition exists, only United States persons and 

qualified United States joint venture persons may— 

(1) bid on a diplomatic construction or design project which has an estimated total project value exceeding $10,000,000; 

and 

(2) bid on a diplomatic construction or design project which 

involves technical security, unless the project involves low-level 

technology, as determined by the Secretary of State. 


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(b) EXCEPTION.—Subsection (a) shall not apply with respect to 

any diplomatic construction or design project in a foreign country 

whose statutes prohibit the use of United States contractors on 

such projects. The exception contained in this subsection shall only 

become effective with respect to a foreign country 30 days after the 

Secretary of State certifies to 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 what specific actions he has taken 

to urge such foreign country to permit the use of United States contractors on such projects, and what actions he shall take with respect to that country as authorized by title I1 of the State Department Basic Authorities Act cf 1956 (22 U.S.C. 4301 et seq.; commonly referred to as the ‘‘Foreign Missions Act’’). 

(c) DEFINITIONS.—For the purposes of this section— 

(1) the term ‘‘adequate competition’’ means with respect to a 

construction or design project, the presence of two or more 

qualified bidders submitting responsive bids for that project; 

(2) the term ‘‘United States person’’ means a person which— 

(A) is incorporated or legally organized under the laws 

of the United States, including State, the District of Columbia, and local laws; 

(B) has its principal place of business in the United 

States; 

(C) has been incorporated or legally organized in the 

United States— 

(i) for more than 5 years before the issuance date of 

the invitation for bids or request for proposals with respect to a construction project under subsection (a)(l); 

and 

(ii) for more than 2 years before the issuance date 

of the invitation for bids or request for proposals with 

respect to a construction or design project which involves physical or technical security under subsection 

(a)(2); 

(D) has performed within the United States or at a 

United States diplomatic or consular establishment abroad 

administrative and technical, professional, or construction 

services similar in complexity, type of construction, and 

value to the project being bid; 

(E) with respect to a construction project under subsection (a)(l), has achieved total business volume equal to 

or greater than the value of the project being bid øin 3 

years¿ cumulatively over 3 years of the 5-year period before the date specified in subparagraph (C)(i); 

(F)(i) employs United States citizens in at least 80 percent of its principal management positions in the United 

States, 

(ii) employs United States citizens in more than half 

of its permanent, full-time positions in the United 

States, and 

(iii) will employ United States citizens in at least 80 

percent of the supervisory positions on the foreign 

buildings office project site; and 


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(G) has the existing technical and financial resources in 

the United States to perform the contract; and 

(3) the term ‘‘qualified United States joint venture person’’ 

means a joint venture in which a United States person or persons owns at least 51 percent of the assets of the joint venture. 

(d) AMERICAN MINORITY CONTRACTORS.—Not less than 10 percent of the amount appropriated pursuant to section 401(a) for diplomatic construction or design projects each fiscal year shall be allocated to the extent practicable for contracts with American minority contractors. 

(e) AMERICAN SMALL BUSINESS CONTRACTORS.—Not less than 10 

percent of the amount appropriated pursuant to section 401(a) for 

diplomatic construction or design projects each fiscal year shall be 

allocated to the extent practicable for contracts with American 

small business contractors. 

(f) LIMITATION ON SUBCONTRACTING.—With respect to a diplomatic construction project, a prime contractor may not subcontract 

more than 50 percent of the total value of its contract for that 

project. 

* * * * * * * 

SECTION 504 OF THE FOREIGN RELATIONS 

AUTHORIZATION ACT, FISCAL YEAR 1979 

SEC. 504. RESPONSIBILITIES OF THE SECRETARY OF STATE. 

(a)(1) In order to implement the policies set forth in section 502 

of this title, the Secretary of State (hereafter in this section referred to as the ‘‘Secretary’’) shall have primary responsibility for 

coordination and oversight with respect to all major science or 

science and technology agreements and activities between the 

United States and foreign countries, international organizations, or 

commissions of which the United States and one or more foreign 

countries are members. 

(2) In coordinating and overseeing such agreements and activities, the Secretary shall consider (A) scientific merit; (B) equity of 

access as described in section 503(b); (C) possible commercial or 

trade linkages with the United States which may flow from the 

agreement or activity; (D) national security concerns; and (E) any 

other factors deemed appropriate. 

(3) Prior to entering into negotiations on such an agreement or 

activity, the Secretary shall provide Federal agencies which have 

primary responsibility for, or substantial interest in, the subject 

matter of the agreement or activity, including those agencies responsible for— 

(A) Federal technology management policies set forth by 

Public Law 96-517 and the Stevenson-Wydler Technology Innovation Act of 1980; 

(B) national security policies; 

(C) United States trade policies; and 

(D) relevant Executive orders, 

with an opportunity to review the proposed agreement or activity 

to ensure its consistency with such policies and Executive orders, 

and to ensure effective interagency coordination. 


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(b) The Secretary shall. to such extent or in such amounts as are 

provided in appropriation Acts, enter into long-term contracts, including contracts for the services of consultants, and shall make 

grants and take other appropriate measures in order to obtain 

studies, analyses, and recommendations from knowledgeable persons and organizations with respect to the application of science or 

technology to problems of foreign policy. 

(c) The secretary shall, to such extent or in such amounts as are 

provided in appropriation acts, enter into short-term and long-term 

contracts, including contracts for the services of consultants, and 

shall make grants and take other appropriate measures in order to 

obtain assistance from knowledgeable persons and organizations in 

training officers and employees of the united states government, at 

all levels of the foreign service and civil service— 

(1) in the application of science and technology to problems 

of United States foreign policy and international relations generally; and 

(2) in the skills of long-range planlling and analysis with respect to the scientific and technological aspects of United 

States foreign policy. 

(d) In obtaining assistance pursuant to subsection (c) in training 

personnel who are officers or employees of the Department of State, 

the Secretary may provide for detached service for graduate study 

at accredited colleges and universities. 

(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. 

TITLE 5, UNITED STATES CODE 

* * * * * * * 

PART III—EMPLOYEES 

* * * * * * * 

SUBPART E—ATTENDANCE AND LEAVE 

* * * * * * * 

CHAPTER 63—LEAVE 

SUBCHAPTER I—ANNUAL AND SICK LEAVE 

Sec. 


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155 

6301. Definitions. 

* * * * * * * 

SUBCHAPTER II—OTHER PAID LEAVE 

* * * * * * * 

6329c. Weather and safety leave. 

6329d. Rest and recuperation leave. 

6329e. Overseas operations leave. 

* * * * * * * 

SUBCHAPTER II—OTHER PAID LEAVE 

* * * * * * * 

§ 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; 

(4) the term ‘‘high risk, high threat post’’ has the meaning 

given that term in section 104 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4803); and 

(5) the term ‘‘leave year’’ means the period beginning on the 

first day of the first complete pay period in a calendar year and 

ending on the day immediately before the first day of the first 

complete pay period in the following calendar year. 

(b) LEAVE FOR REST AND RECUPERATION.—The head of an agency 

may prescribe regulations to grant up to 20 days of paid leave, per 

leave year, for the purposes of rest and recuperation to an employee 

of the agency serving in a combat zone, any other high risk, high 

threat post, or any other location presenting significant security or 

operational challenges. 

(c) DISCRETIONARY AUTHORITY OF AGENCY HEAD.—Use of the authority under subsection (b) is at the sole and exclusive discretion 

of the head of the agency concerned. 

(d) RECORDS.—An agency shall record leave provided under this 

section separately from leave authorized under any other provision 

of law. 

§ 6329e. Overseas operations leave 

(a) DEFINITIONS.—In this section— 

(1) the term ‘‘agency’’ means an Executive agency (as that 

term is defined in section 105), but does not include the Government Accountability Office; 

(2) the term ‘‘employee’’ has the meaning given that term in 

section 6301; and 

(3) the term ‘‘leave year’’ means the period beginning with 

the first day of the first complete pay period in a calendar year 


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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. 

* * * * * * * 

SUBPART I—MISCELLANEOUS 

* * * * * * * 

CHAPTER 103—NOTICE OF EMPLOYMENT OPPORTUNITIES FOR 

DEPARTMENT OF STATE AND USAID POSITIONS 

10301. Notice of employment 

opportunities for Department of 

State and USAID positions. 

10302. Consulting services for the Department of State. 

§ 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. 

§ 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. 

* * * * * * * 


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157 

SUPPLEMENTAL APPROPRIATIONS ACT, 2009 

* * * * * * * 

TITLE XI 

DEPARTMENT OF STATE 

* * * * * * * 

TECHNICAL AND OTHER PROVISIONS 

SEC. 1115. (a) MODIFICATION.—Title III of division H of Public 

Law 111-8 is amended under the heading ‘‘Economic Support 

Fund’’ in the second proviso by striking ‘‘up to $20,000,000’’ and inserting ‘‘not less than $20,000,000’’. 

(b) NOTIFICATION REQUIREMENT.—Funds appropriated by this 

Act that are transferred to the Department of State or the United 

States Agency for International Development from any other Federal department or agency shall be subject to the regular notification procedures of the Committees on Appropriations, notwithstanding any other provision of law. 

(c) REEMPLOYMENT OF ANNUITANTS.— 

(1) Section 824 of the Foreign Service Act of 1980 (22 U.S.C. 

4064) is amended in subsection (g)(1) by inserting ‘‘, Pakistan,’’ 

after ‘‘Iraq’’ each place it appears; and, in subsection (g)(2) by 

striking ‘‘2009’’ and inserting instead ‘‘2010’’. 

(2) Section 61 of the State Department Basic Authorities Act 

of 1956 (22 U.S.C. 2733) is amended in subsection (a)(1) by 

adding ‘‘, Pakistan,’’ after ‘‘Iraq’’ each place it appears; and, in 

subsection (a)(2) by striking ‘‘2008’’ and inserting instead 

‘‘2010’’. 

(3) Section 625 of the Foreign Assistance Act of 1961 (22 

U.S.C. 2385) is amended in subsection (j)(1)(A) by adding ‘‘, 

Pakistan,’’ after ‘‘Iraq’’ each place it appears; and, in subsection 

(j)(1)(B) by striking ‘‘2008’’ and inserting instead ‘‘2010’’. 

(d) INCENTIVES FOR CRITICAL POSTS.—Notwithstanding sections 

5753(a)(2)(A) and 5754(a)(2)(A) of title 5, United States Code, appropriations made available by this or any other Act may be used 

to pay recruitment, relocation, and retention bonuses under chapter 57 of title 5, United States Code to members of the Foreign 

Service, other than chiefs of mission and ambassadors at large, 

who are on official duty in Iraq, Afghanistan, or Pakistan. øThis 

authority shall terminate on October 1, 2010.¿ 

(e) Of the funds appropriated under the heading ‘‘Foreign Military Financing Program’’ in Public Law 110-161 that are available 

for assistance for Colombia, $500,000 may be transferred to, and 

merged with, funds appropriated under the heading ‘‘International 

Narcotics Control and Law Enforcement’’ to provide medical and 

rehabilitation assistance for members of Colombian security forces 

who have suffered severe injuries. 

* * * * * * * 


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FOREIGN AFFAIRS REFORM AND RESTRUCTURING ACT 

OF 1998 

DIVISION G—FOREIGN AFFAIRS REFORM AND 

RESTRUCTURING ACT OF 1998 

* * * * * * * 

SUBDIVISION A—CONSOLIDATION OF FOREIGN 

AFFAIRS AGENCIES 

* * * * * * * 

TITLE XIII—UNITED STATES INFORMATION AGENCY 

* * * * * * * 

CHAPTER 4—CONFORMING AMENDMENTS 

* * * * * * * 

SEC. 1334. øSUNSET¿ CONTINUATION OF UNITED STATES ADVISORY 

COMMISSION ON PUBLIC DIPLOMACY. 

The United States Advisory Commission on Public Diplomacy, 

established under section 604 of the United States Information and 

Educational Exchange Act of 1948 (22 U.S.C. 1469) and section 8 

of Reorganization Plan Numbered 2 of 1977, shall continue to exist 

and operate under such provisions of law øuntil October 1, 2020¿. 

* * * * * * * 

ARMS EXPORT CONTROL ACT 

* * * * * * * 

CHAPTER 1—FOREIGN AND NATIONAL SECURITY 

POLICY OBJECTIVES AND RESTRAINTS 

* * * * * * * 

SEC. 4. PURPOSES FOR WHICH MILITARY SALES BY THE UNITED

STATES ARE AUTHORIZED.—Defense articles and defense services 

shall be sold or leased by the United States Government under this 

Act to friendly countries solely for øinternal security¿ legitimate internal security (including for anti-terrorism purposes), for legitimate 

self-defense, for preventing or hindering the proliferation of weapons of mass destruction and of the means of delivering such weapons, to permit the recipient country to participate in regional or collective arrangements or measures consistent with the Charter of 

the United Nations, or otherwise to permit the recipient country to 

participate in collective measures requested by the United Nations 

for the purpose of maintaining or restoring international peace and 

security, or for the purpose of enabling foreign military forces in 

less developed friendly countries to construct public works and to 

engage in other activities helpful to the economic and social development of such friendly countries. It is the sense of the Congress 

that such foreign military forces should not be maintained or established solely for civic action activities and that such civic action activities not significantly detract from the capability of the military 

forces to perform their military missions and be coordinated with 


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and form part of the total economic and social development effort: 

Provided, That none of the funds contained in this authorization 

shall be used to guarantee, or extend credit, or participate in an 

extension of credit in connection with any sale of sophisticated 

weapons systems, such as missile systems and jet aircraft for military purposes, to any underdeveloped country other than Greece, 

Turkey, Iran, Israel, the Republic of China, the Philippines, and 

Korea unless the President determines that such financing is important to the national security of the United States and reports 

within thirty days each such determination to the Congress. 

* * * * * * * 

CHAPTER 2—FOREIGN MILITARY SALES 

AUTHORIZATIONS 

SEC. 21. SALES FROM STOCKS.—(a)(1) The President may sell defense articles and defense services from the stocks of the Department of Defense and the Coast Guard to any eligible country or 

international organization if such country or international organization agrees to pay in United States dollars— 

(A) in the case of a defense article not intended to be replaced at the time such agreement is entered into, not less 

than the actual value thereof; 

(B) in the case of a defense article intended to be replaced 

at the time such agreement is entered into, the estimated cost 

of replacement of such article, including the contract or production costs less any depreciation in the value of such article; or 

(C) in the case of the sale of a defense service, the full cost 

to the United States Government of furnishing such service, 

except that in the case of training sold to a purchaser who is 

concurrently receiving assistance under chapter 5 of part II of 

the Foreign Assistance Act of 1961, only those additional costs 

that are incurred by the United States Government in furnishing such assistance. 

(2) For purposes of subparagraph (A) of paragraph (1), the actual 

value of a naval vessel of 3,000 tons or less and 20 years or more 

of age shall be considered to be not less than the greater of the 

scrap value or fair value (including conversion costs) of such vessel, 

as determined by the Secretary of Defense. 

(b) Except as provided by subsection (d) of this section, payment 

shall be made in advance or, if the President determines it to be 

in the national interest, upon delivery of the defense article or rendering of the defense service. 

(c)(1) Personnel performing defense services sold under this Act 

may not perform any duties of a combatant nature, including any 

duties related to training and advising that may engage United 

States personnel in combat activities, outside the United States in 

connection with the performance of those defense services. 

(2) Within forty-eight hours of the existence of, or a change in 

status of significant hostilities or terrorist acts or a series of such 

acts, which may endanger American lives or property, involving a 

country in which United States personnel are performing defense 

services pursuant to this Act or the Foreign Assistance Act of 1961, 

the President shall submit to the Speaker of the House of RepVerDate Sep 11 2014 05:48 Jul 31, 2019 Jkt 089006 PO 00000 Frm 00159 Fmt 6659 Sfmt 6601 E:\HR\OC\HR181.XXX HR181

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160 

resentatives and to the President pro tempore of the Senate a report, in writing, classified if necessary, setting forth— 

(A) the identity of such country; 

(B) a description of such hostilities or terrorist acts; and 

(C) the number of members of the United States Armed 

Forces and the number of United States civilian personnel that 

may be endangered by such hostilities or terrorist acts. 

(d) If the President determines it to be in the national interest 

pursuant to subsection (b) of this section, billings for sales made 

under letters of offer issued under this section after the enactment 

of this subsection may be dated and issued upon delivery of the defense article or rendering of the defense service and shall be due 

and payable upon receipt thereof by the purchasing country or 

international organization. Interest shall be charged on any net 

amount due and payable which is not paid within sixty days after 

the date of such billing. The rate of interest charged shall be a rate 

not less than a rate determined by the Secretary of the Treasury 

taking into consideration the current average market yield on outstanding short-term obligations of the United States as of the last 

day of the month preceding the billing and shall be computed from 

the date of billing. The President may extend such sixty-day period 

to one hundred and twenty days if he determines that emergency 

requirements of the purchaser for acquisition of such defense articles or defense services exceed the ready availability to the purchaser of funds sufficient to pay the United States in full for them 

within such sixty-day period and submits that determination to the 

Congress together with a special emergency request for the authorization and appropriation of additional funds to finance such purchases under this Act. 

(e)(1) After September 30, 1976, letters of offer for the sale of defense articles or for the sale of defense services that are issued pursuant to this section or pursuant to section 22 of this Act shall include appropriate charges for— 

(A) administrative services, calculated on an average percentage basis to recover the full estimated costs (excluding a 

pro rata share of fixed base operations costs) of administration 

of sales made under this Act to all purchasers of such articles 

and services as specified in section 43(b) and section 43(c) of 

this Act; 

(B) a proportionate amount of any nonrecurring costs of research, development, and production of major defense equipment (except for equipment wholly paid for either from funds 

transferred under section 503(a)(3) of the Foreign Assistance 

Act of 1961 or from funds made available on a nonrepayable 

basis under section 23 of this Act); and 

(C) the recovery of ordinary inventory losses associated with 

the sale from stock of defense articles that are being stored at 

the expense of the purchaser of such articles. 

(2)(A) The President may reduce or waive the charge or charges 

which would otherwise be considered appropriate under paragraph 

(1)(B) for particular sales that would, if made, significantly advance 

United States Government Arms Export interests in North Atlantic 

Treaty Organization standardization, standardization with the 

Armed Forces of Japan, Australia, the Republic of Korea, Israel, or 

New Zealand in furtherance of the mutual defense treaties between 


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161 

the United States and those countries, or foreign procurement in 

the United States under coproduction arrangements. 

(B) The President may waive the charge or charges which would 

otherwise be considered appropriate under paragraph (1)(B) for a 

particular sale if the President determines that— 

(i) imposition of the charge or charges likely would result in 

the loss of the sale; or 

(ii) in the case of a sale of major defense equipment that is 

also being procured for the use of the Armed Forces, the waiver of the charge or charges would (through a resulting increase 

in the total quantity of the equipment purchased from the 

source of the equipment that causes a reduction in the unit 

cost of the equipment) result in a savings to the United States 

on the cost of the equipment procured for the use of the Armed 

Forces that substantially offsets the revenue foregone by reason of the waiver of the charge or charges. 

(C) The President may waive, for particular sales of major defense equipment, any increase in a charge or charges previously 

considered appropriate under paragraph (1)(B) if the increase results from a correction of an estimate (reasonable when made) of 

the production quantity base that was used for calculating the 

charge or charges for purposes of such paragraph. 

(3)(A) The President may waive the charges for administrative 

services that would otherwise be required by paragraph (1)(A) in 

connection with any sale to the North Atlantic Treaty Organization 

(NATO) Support and Procurement Organization and its executive 

agencies in support of— 

(i) a support or procurement partnership agreement; or 

(ii) a NATO/SHAPE project. 

(B) The Secretary of Defense may reimburse the fund established 

to carry out section 43(b) of this Act in the amount of the charges 

waived under subparagraph (A) of this paragraph. Any such reimbursement may be made from any funds available to the Department of Defense. 

(C) As used in this paragraph— 

(i) the term ‘‘support or procurement partnership agreement’’ 

means an agreement between two or more member countries 

of the North Atlantic Treaty Organization (NATO) Support and 

Procurement Organization and its executive agencies that— 

(I) is entered into pursuant to the terms of the charter 

of that organization; and 

(II) is for the common logistic support of activities common to the participating countries; and 

(ii) the term ‘‘NATO/SHAPE project’’ means a common-funded project supported by allocated credits from North Atlantic 

Treaty Organization bodies or by host nations with NATO Infrastructure funds. 

(f) Any contracts entered into between the United States and a 

foreign country under the authority of this section or section 22 of 

this Act shall be prepared in a manner which will permit them to 

be made available for public inspection to the fullest extent possible consistent with the national security of the United States. 

(g) The President may enter into North Atlantic Treaty Organization standardization agreements in carrying out section 814 of 

the Act of October 7, 1975 (Public Law 94–106), and may enter into 


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similar agreements with countries which are major non-NATO allies, for the cooperative furnishing of training on a bilateral or multilateral basis, if the financial principles of such agreements are 

based on reciprocity. Such agreements shall include reimbursement 

for all direct costs but may exclude reimbursement for indirect 

costs, administrative surcharges, and costs of billeting of trainees 

(except to the extent that members of the United States Armed 

Forces occupying comparable accommodations are charged for such 

accommodations by the United States). Each such agreement shall 

be transmitted promptly to the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and the Committees on Appropriations, Armed Services, and Foreign Relations of the Senate. 

(h)(1) The President is authorized to provide (without charge) 

quality assurance, inspection, contract administration services, and 

contract audit defense services under this section— 

(A) in connection with the placement or administration of 

any contract or subcontract for defense articles, defense services, or design and construction services entered into after the 

date of enactment of this subsection by, or under this Act on 

behalf of, a foreign government which is a member of the 

North Atlantic Treaty Organization or the Governments of 

Australia, New Zealand, Japan, the Republic of Korea, or 

Israel, if such government provides such services in accordance 

with an agreement on a reciprocal basis, without charge, to the 

United States Government; or 

(B) in connection with the placement or administration of 

any contract or subcontract for defense articles, defense services, or design and construction services pursuant to the North 

Atlantic Treaty Organization Security Investment program in 

accordance with an agreement under which the foreign governments participating in such program provide such services, 

without charge, in connection with similar contracts or subcontracts. 

(2) In carrying out the objectives of this section, the President is 

authorized to provide cataloging data and cataloging services, without charge, to the North Atlantic Treaty Organization, to any member government of that Organization, or to the Governments of the 

Republic of Korea, Australia, New Zealand, Japan, or Israel if that 

Organization, member government, or the Governments of the Republic of Korea, Australia, New Zealand, Japan, or Israel provides 

such data and services in accordance with an agreement on a reciprocal basis, without charge, to the United States Government. 

(i)(1) Sales of defense articles and defense services which could 

have significant adverse effect on the combat readiness of the 

Armed Forces of the United States shall be kept to an absolute 

minimum. The President shall transmit to the Speaker of the 

House of Representatives, the Committees on Foreign Affairs and 

Armed Services of the House of Representatives, and the Committees on Armed Services and Foreign Relations of the Senate on the 

same day a written statement giving a complete explanation with 

respect to any proposal to sell, under this section or under authority of chapter 2B, any defense articles or defense services if such 

sale could have a significant adverse effect on the combat readiness 

of the Armed Forces of the United States. Each such statement 


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shall be unclassified except to the extent that public disclosure of 

any item of information contained therein would be clearly detrimental to the security of the United States. Any necessarily classified information shall be confined to a supplemental report. Each 

such statement shall include an explanation relating to only one 

such proposal to sell and shall set forth— 

(A) the country or international organization to which the 

sale is proposed to be made; 

(B) the amount of the proposed sale; 

(C) a description of the defense article or service proposed to 

be sold; 

(D) a full description of the impact which the proposed sale 

will have on the Armed Forces of the United States; and 

(E) a justification for such proposed sale, including a certification that such sale is important to the security of the United 

States. 

A certification described in subparagraph (E) shall take effect on 

the date on which such certification is transmitted and shall remain in effect for not to exceed one year. 

(2) No delivery may be made under any sale which is required 

to be reported under paragraph (1) of this subsection unless the 

certification required to be transmitted by paragraph (E) of paragraph (1) is in effect. 

(k) Before entering into the sale under this Act of defense articles 

that are excess to the stocks of the Department of Defense, the 

President shall determine that the sale of such articles will not 

have an adverse impact on the national technology and industrial 

base and, particularly, will not reduce the opportunities of entities 

in the national technology and industrial base to sell new or used 

equipment to the countries to which such articles are transferred. 

(l) REPAIR OF DEFENSE ARTICLES.— 

(1) IN GENERAL.—The President may acquire a repairable defense article from a foreign country or international organization if such defense article— 

(A) previously was transferred to such country or organization under this Act; 

(B) is not an end item; and 

(C) will be exchanged for a defense article of the same 

type that is in the stocks of the Department of Defense. 

(2) LIMITATION.—The President may exercise the authority 

provided in paragraph (1) only to the extent that the Department of Defense— 

(A)(i) has a requirement for the defense article being returned; and 

(ii) has available sufficient funds authorized and appropriated for such purpose; or 

(B)(i) is accepting the return of the defense article for 

subsequent transfer to another foreign government or 

international organization pursuant to a letter of offer and 

acceptance implemented in accordance with this Act; and 

(ii) has available sufficient funds provided by or on behalf of such other foreign government or international organization pursuant to a letter of offer and acceptance implemented in accordance with this Act. 


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(3) REQUIREMENT.—(A) The foreign government or international organization receiving a new or repaired defense article in exchange for a repairable defense article pursuant to 

paragraph (1) shall, upon the acceptance by the United States 

Government of the repairable defense article being returned, 

be charged the total cost associated with the repair and replacement transaction. 

(B) The total cost charged pursuant to subparagraph (A) 

shall be the same as that charged the United States Armed 

Forces for a similar repair and replacement transaction, plus 

an administrative surcharge in accordance with subsection 

(e)(1)(A) of this section. 

(4) RELATIONSHIP TO CERTAIN OTHER PROVISIONS OF LAW.— 

The authority of the President to accept the return of a repairable defense article as provided in subsection (a) shall not be 

subject to chapter 137 of title 10, United States Code, or any 

other provision of law relating to the conclusion of contracts. 

(m) RETURN OF DEFENSE ARTICLES.— 

(1) IN GENERAL.—The President may accept the return of a 

defense article from a foreign country or international organization if such defense article— 

(A) previously was transferred to such country or organization under this Act; 

ø(B) is not¿ (B) (i) is not significant military equipment 

(as defined in section 47(9) of this Act)ø; and¿; or 

(ii) is significant military equipment (as defined in section 47(9) of this Act) and the Secretary of State has provided prior approval of the return of such defense article 

from the foreign country or international organization; and 

(C) is in fully functioning condition without need of repair or rehabilitation. 

(2) LIMITATION.—The President may exercise the authority 

provided in paragraph (1) only to the extent that the Department of Defense— 

(A)(i) has a requirement for the defense article being returned; and 

(ii) has available sufficient funds authorized and appropriated for such purpose; or 

(B)(i) is accepting the return of the defense article for 

subsequent transfer to another foreign government or 

international organization pursuant to a letter of offer and 

acceptance implemented in accordance with this Act; and 

(ii) has available sufficient funds provided by or on behalf of such other foreign government or international organization pursuant to a letter of offer and acceptance implemented in accordance with this Act. 

(3) CREDIT FOR TRANSACTION.—Upon acquisition and acceptance by the United States Government of a defense article 

under paragraph (1), the appropriate Foreign Military Sales 

account of the provider shall be credited to reflect the transaction. 

(4) RELATIONSHIP TO CERTAIN OTHER PROVISIONS OF LAW.— 

The authority of the President to accept the return of a defense 

article as provided in paragraph (1) shall not be subject to 


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165 

chapter 137 of title 10, United States Code, or any other provision of law relating to the conclusion of contracts. 

* * * * * * * 

CHAPTER 3—MILITARY EXPORT CONTROLS 

* * * * * * * 

SEC. 36. REPORTS ON COMMERCIAL AND GOVERNMENTAL MILITARY

EXPORTS; CONGRESSIONAL ACTION.—(a) The President shall transmit to the Speaker of the House of Representatives, the Committee 

on Foreign Affairs of the House of Representatives, and to the 

chairman of the Committee on Foreign Relations of the Senate not 

more than sixty days after the end of each quarter an unclassified 

report (except that any material which was transmitted in classified form under subsection (b)(1) or (c)(1) of this section may be 

contained in a classified addendum to such report, and any letter 

of offer referred to in paragraph (1) of this subsection may be listed 

in such addendum unless such letter of offer has been the subject 

of an unclassified certification pursuant to subsection (b)(1) of this 

section, and any information provided under paragraph (11) of this 

subsection may also be provided in a classified addendum) containing— 

(1) a listing of all letters of offer to sell any major defense 

equipment for $1,000,000 or more under this Act to each foreign country and international organization, by category, if 

such letters of offer have not been accepted or canceled; 

(2) a listing of all such letters of offer that have been accepted during the fiscal year in which such report is submitted, together with the total value of all defense articles and defense 

services sold to each foreign country and international organization during such fiscal year; 

(3) the cumulative dollar amounts, by foreign country and 

international organization, of sales credit agreements under 

section 23 and guaranty agreements under section 24 made 

during the fiscal year in which such report is submitted; 

(4) a numbered listing of all licenses and approvals for the 

export to each foreign country and international organization 

during such fiscal year of commercially sold major defense 

equipment, by category, sold for $1,000,000 or more, together 

with the total value of all defense articles and defense services 

so licensed for each foreign country and international organization, setting forth, with respect to the listed major defense 

equipment— 

(A) the items to be exported under the license, 

(B) the quantity and contract price of each such item to 

be furnished, and 

(C) the name and address of the ultimate user of each 

such item; 

(5) projections of the dollar amounts, by foreign country and 

international organization, of sales expected to be made under 

sections 21 and 22, in the quarter of the fiscal year immediately following the quarter for which such report is submitted; 


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(6) a projection with respect to all sales expected to be made 

to each country and organization for the remainder of the fiscal 

year in which such report is transmitted; 

(7) a description of each payment, contribution, gift, commission, or fee reported to the Secretary of State under section 39, 

including (A) the name of the person who made such payment, 

contribution, gift, commission, or fee; (B) the name of any sales 

agent or other person to whom such payment, contribution, 

gift, commission, or fee was paid; (C) the date and amount of 

such payment, contribution, gift, commission, or fee; (D) a description of the sale in connection with which such payment, 

contribution, gift, commission, or fee was paid; and (E) the 

identification of any business information considered confidential by the person submitting it which is included in the report; 

(8) a listing of each sale under section 29 during the quarter 

for which such report is made, specifying (A) the purchaser, (B) 

the United States Government department or agency responsible for implementing the sale, (C) an estimate of the dollar 

amount of the sale, and (D) a general description of the real 

property facilities to be constructed pursuant to such sale; 

(9) a listing of the consents to third-party transfers of defense articles or defense services which were granted, during 

the quarter for which such report is submitted, for purposes of 

section 3(a)(2) of this Act, the regulations issued under section 

38 of this Act, or section 505(a)(1)(B) of the Foreign Assistance 

Act of 1961, if the value (in terms of original acquisition cost) 

of the defense articles or defense services to be transferred is 

$1,000,000 or more; 

(10) a listing of all munitions items (as defined in section 

40(l)(1)) which were sold, leased, or otherwise transferred by 

the Department of Defense to any other department, agency, 

or other entity of the United States Government during the 

quarter for which such report is submitted (including the name 

of the recipient Government entity and a discussion of what 

that entity will do with those munitions items) if— 

(A) the value of the munitions items was $250,000 of 

more; and 

(B) the value of all munitions items transferred to that 

Government department, agency, or other entity during 

that quarter was $250,000 or more; 

excluding munitions items transferred (i) for disposition or use 

solely within the United States, or (ii) for use in connection 

with intelligence activities subject to reporting requirements 

under title V of the National Security Act of 1947 (50 U.S.C. 

413 et seq.; relating to congressional oversight of intelligence 

activities); 

(11) a report on all concluded government-to-government 

agreements regarding foreign coproduction of defense articles 

of United States origin and all other concluded agreements involving coproduction or licensed production outside of the 

United States of defense articles of United States origin (including coproduction memoranda of understanding or agreement) that have not been previously reported under this subsection, which shall include— 


SSpencer on DSKBBXCHB2PROD with REPORTS
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(A) the identity of the foreign countries, international organizations, or foreign firms involved; 

(B) a description and the estimated value of the 

articles authorized to be produced, and an estimate of the 

quantity of the articles authorized to be produced; 

(C) a description of any restrictions on third-party transfers of the foreign-manufactured articles; and 

(D) if any such agreement does not provide for United 

States access to and verification of quantities of articles 

produced overseas and their disposition in the foreign 

country, a description of alternative measures and controls 

incorporated in the coproduction or licensing program to 

ensure compliance with restrictions in the agreement on 

production quantities and third-party transfers; and 

(12) a report on all exports of significant military equipment 

for which information has been provided pursuant to section 

38(i). 

For each letter of offer to sell under paragraphs (1) and (2), the report shall specify (i) the foreign country or international organization to which the defense article or service is offered or was sold, 

as the case may be: (ii) the dollar amount of the offer to sell or the 

sale and the number of defense articles offered or sold, as the case 

may be; (iii) a description of the defense article or service offered 

or sold, as the case may be; and (iv) the United States Armed 

Forces or other agency of the United States which is making the 

offer to sell or the sale, as the case may be. 

(b)(1) Subject to paragraph (6), in the case of any letter of offer 

to sell any defense articles or services under this Act for 

$50,000,000 or more, any design and construction services for 

$200,000,000 or more, or any major defense equipment for 

$14,000,000 or more, before such letter of offer is issued, the President shall submit to the Speaker of the House of Representatives, 

the Committee on Foreign Affairs of the House of Representatives, 

and to the chairman of the Committee on Foreign Relations of the 

Senate a numbered certification with respect to such offer to sell 

containing the information specified in clauses (i) through (iv) of 

subsection (a), or (in the case of a sale of design and construction 

services) the information specified in clauses (A) through (D) of 

paragraph (9) of subsection (a), and a description, containing the 

information specified in paragraph (8) of subsection (a), of any contribution, gift, commission, or fee paid or offered or agreed to be 

paid in order to solicit, promote, or otherwise to secure such letter 

of offer. Such numbered certifications shall also contain an item, 

classified if necessary, identifying the sensitivity of technology contained in the defense articles, defense services, or design and construction services proposed to be sold, and a detailed justification 

of the reasons necessitating the sale of such articles or services in 

view of the sensitivity of such technology. In a case in which such 

articles or services listed on the Missile Technology Control Regime 

Annex are intended to support the design, development, or production of a Category I space launch vehicle system (as defined in section 74), such report shall include a description of the proposed export and rationale for approving such export, including the consistency of such export with United States missile nonproliferation policy. Each such numbered certification shall contain an item indiVerDate Sep 11 2014 05:48 Jul 31, 2019 Jkt 089006 PO 00000 Frm 00167 Fmt 6659 Sfmt 6601 E:\HR\OC\HR181.XXX HR181

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cating whether any offset agreement is proposed to be entered into 

in connection with such letter of offer to sell (if known on the date 

of transmittal of such certification). In addition, the President 

shall, upon the request of such committee or the Committee on Foreign Affairs of the House of Representatives, transmit promptly to 

both such committees a statement setting forth, to the extent specified in such request— 

(A) a detailed description of the defense articles, defense 

services, or design and construction services to be offered, including a brief description of the capabilities of any defense article to be offered; 

(B) an estimate of the number of officers and employees of 

the United States Government and of United States civilian 

contract personnel expected to be needed in such country to 

carry out the proposed sale; 

(C) the name of each contractor expected to provide the defense article, defense service, or design and construction services proposed to be sold and a description of any offset agreement with respect to such sale; 

(D) an evaluation, prepared by the Secretary of State in consultation with the Secretary of Defense and the Director of 

Central Intelligence, of the manner, if any, in which the proposed sale would— 

(i) contribute to an arms race; 

(ii) support international terrorism; 

(iii) increase the possibility of an outbreak or escalation 

of conflict; 

(iv) prejudice the negotiation of any arms controls; or 

(v) adversely affect the arms control policy of the United 

States; 

(E) the reasons why the foreign country or international organization to which the sale is proposed to be made needs the 

defense articles, defense services, or design and construction 

services which are the subject of such sale and a description 

of how such country or organization intends to use such defense articles, defense services, or design and construction 

services; 

(F) an analysis by the President of the impact of the proposed sale on the military stocks and the military preparedness of the United States; 

(G) the reasons why the proposed sale is in the national interest of the United States; 

(H) an analysis by the President of the impact of the proposed sale on the military capabilities of the foreign country or 

international organization to which such sale would be made; 

(I) an analysis by the President of how the proposed sale 

would affect the relative military strengths of countries in the 

region to which the defense articles, defense services, or design 

and construction services which are the subject of such sale 

would be delivered and whether other countries in the region 

have comparable kinds and amounts of defense articles, defense services, or design and construction services; 

(J) an estimate of the levels of trained personnel and maintenance facilities of the foreign country or international organization to which the sale would be made which are needed and 


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available to utilize effectively the defense articles, defense 

services, or design and construction services proposed to be 

sold; 

(K) an analysis of the extent to which comparable kinds and 

amounts of defense articles, defense services, or design and 

construction services are available from other countries; 

(L) an analysis of the impact of the proposed sale on United 

States relations with the countries in the region to which the 

defense articles, defense services, or design and construction 

services which are the subject of such sale would be delivered; 

(M) a detailed description of any agreement proposed to be 

entered into by the United States for the purchase or acquisition by the United States of defense articles, defense services, 

design and construction services or defense equipment, or other 

articles, services, or equipment of the foreign country or international organization in connection with, or as consideration 

for, such letter of offer, including an analysis of the impact of 

such proposed agreement upon United States business concerns which might otherwise have provided such articles, services, or equipment to the United States, an estimate of the 

costs to be incurred by the United States in connection with 

such agreement compared with costs which would otherwise 

have been incurred, an estimate of the economic impact and 

unemployment which would result from entering into such proposed agreement, and an analysis of whether such costs and 

such domestic economic impact justify entering into such proposed agreement; 

(N) the projected delivery dates of the defense articles, defense services, or design and construction services to be offered; 

(O) a detailed description of weapons and levels of munitions 

that may be required as support for the proposed sale; and 

(P) an analysis of the relationship of the proposed sale to 

projected procurements of the same item. 

A certification transmitted pursuant to this subsection shall be unclassified, except that the information specified in clause (ii) and 

the details of the description specified in clause (iii) of subsection 

(a) may be classified if the public disclosure thereof would be clearly detrimental to the security of the United States, in which case 

the information shall be accompanied by a description of the damage to the national security that could be expected to result from 

public disclosure of the information. The letter of offer shall not be 

issued, with respect to a proposed sale to the North Atlantic Treaty 

Organization, any member country of such Organization, Japan, 

Australia, the Republic of Korea, Israel, or New Zealand, if the 

Congress, within fifteen calendar days after receiving such certification, or with respect to a proposed sale to any other country or 

organization, if the Congress within thirty calendar days after receiving such certification, enacts a joint resolution prohibiting the 

proposed sale, unless the President states in his certification that 

an emergency exists which requires such sale in the national security interests of the United States. If the President states in his 

certification that an emergency exists which requires the proposed 

sale in the national security interest of the United States, thus 

waiving the congressional review requirements of this subsection, 

he shall set forth in the certification a detailed justification for his 


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determination, including a description of the emergency circumstances which necessitate the immediate issuance of the letter 

of offer and a discussion of the national security interests involved. 

(2) Any such joint resolution shall be considered in the Senate in 

accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976, 

except that for purposes of consideration of any joint resolution 

with respect to the North Atlantic Treaty Organization, any member country of such Organization, Japan, Australia, the Republic of 

Korea, Israel, or New Zealand, it shall be in order in the Senate 

to move to discharge a committee to which such joint resolution 

was referred if such committee has not reported such joint resolution at the end of five calendar days after its introduction. 

(3) For the purpose of expediting the consideration and enactment of joint resolutions under this subsection, a motion to proceed 

to the consideration of any such joint resolution after it has been 

reported by the appropriate committee shall be treated as highly 

privileged in the House of Representatives. 

(4) In addition to the other information required to be contained 

in a certification submitted to the Congress under this subsection, 

each such certification shall cite any quarterly report submitted 

pursuant to section 28 of this Act which listed a price and availability estimate, or a request for the issuance of a letter of offer, 

which was a basis for the proposed sale which is the subject of such 

certification. 

(5)(A) If, before the delivery of any major defense article or major 

defense equipment, or the furnishing of any defense service or design and construction service, sold pursuant to a letter of offer described in paragraph (1), the sensitivity of technology or the capability of the article, equipment, or service is enhanced or upgraded 

from the level of sensitivity or capability described in the numbered 

certification with respect to an offer to sell such article, equipment, 

or service, then, at least 45 days before the delivery of such article 

or equipment or the furnishing of such service, the President shall 

prepare and transmit to the chairman of the Committee on Foreign 

Affairs of the House of Representatives and the chairman of the 

Committee on Foreign Relations of the Senate a report— 

(i) describing the manner in which the technology or capability has been enhanced or upgraded and describing the significance of such enhancement or upgrade; and 

(ii) setting forth a detailed justification for such enhancement or upgrade. 

(B) The provisions of subparagraph (A) apply to an article or 

equipment delivered, or a service furnished, within ten years after 

the transmittal to the Congress of a numbered certification with respect to the sale of such article, equipment, or service. 

(C) Subject to paragraph (6), if the enhancement or upgrade in 

the sensitivity of technology or the capability of major defense 

equipment, defense articles, defense services, or design and construction services described in a numbered certification submitted 

under this subsection costs $14,000,000 or more in the case of any 

major defense equipment, $50,000,000 or more in the case of defense articles or defense services, or $200,000,000 or more in the 

case of design or construction services, then the President shall 

submit to the Speaker of the House of Representatives, the ComVerDate Sep 11 2014 05:48 Jul 31, 2019 Jkt 089006 PO 00000 Frm 00170 Fmt 6659 Sfmt 6601 E:\HR\OC\HR181.XXX HR181

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mittee on Foreign Affairs of the House of Representatives, and the 

chairman of the Committee on Foreign Relations of the Senate a 

new numbered certification which relates to such enhancement or 

upgrade and which shall be considered for purposes of this subsection as if it were a separate letter of offer to sell defense equipment, articles, or services, subject to all of the requirements, restrictions, and conditions set forth in this subsection. For purposes 

of this subparagraph, references in this subsection to sales shall be 

deemed to be references to enhancements or upgrades in the sensitivity of technology or the capability of major defense equipment, 

articles, or services, as the case may be. 

(D) For the purposes of subparagraph (A), the term ‘‘major defense article’’ shall be construed to include electronic devices, which 

if upgraded, would enhance the mission capability of a weapons 

system. 

(6) The limitation in paragraph (1) and the requirement in paragraph (5)(C) shall apply in the case of a letter of offer to sell to the 

North Atlantic Treaty Organization or a member country of the 

North Atlantic Treaty Organization (NATO) or Australia, Japan, 

the Republic of Korea, Israel, or New Zealand that does not authorize a new sales territory that includes any country other than such 

countries only if the letter of offer involves— 

(A) the sale of major defense equipment under this Act for, 

or the enhancement or upgrade of major defense equipment at 

a cost of, $25,000,000 or more, as the case may be; and 

(B) the sale of defense articles or services for, or the enhancement or upgrade of defense articles or services at a cost 

of, $100,000,000 or more, as the case may be; or 

(C) the sale of design and construction services for, or the enhancement or upgrade of design and construction services at a 

cost of, $300,000,000 or more, as the case may be. 

(c)(1) Subject to paragraph (5), in the case of an application by 

a person (other than with regard to a sale under section 21 or section 22 of this Act) for a license for the export of any major defense 

equipment sold under a contract in the amount of $14,000,000 or 

more or of defense articles or defense services sold under a contract 

in the amount of $50,000,000 or more (or, in the case of a defense 

article that is a firearm controlled under category I of the United 

States Munitions List, $1,000,000 or more), before issuing such license the President shall transmit to the Speaker of the House of 

Representatives, the Committee on Foreign Affairs of the House of 

Representatives, and to the chairman of the Committee on Foreign 

Relations of the Senate an unclassified numbered certification with 

respect to such application specifying (A) the foreign country or 

international organization to which such export will be made, (B) 

the dollar amount of the items to be exported, and (C) a description 

of the items to be exported. Each such numbered certification shall 

also contain an item indicating whether any offset agreement is 

proposed to be entered into in connection with such export and a 

description of any such offset agreement. In addition, the President 

shall, upon the request of such committee or the Committee on Foreign Affairs of the House of Representatives, transmit promptly to 

both such committees a statement setting forth, to the extent specified in such request a description of the capabilities of the items 

to be exported, an estimate of the total number of United States 


SSpencer on DSKBBXCHB2PROD with REPORTS
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personnel expected to be needed in the foreign country concerned 

in connection with the items to be exported and an analysis of the 

arms control impact pertinent to such application, prepared in consultation with the Secretary of Defense. In a case in which such articles or services listed on the Missile Technology Control Regime 

Annex are intended to support the design, development, or production of a Category I space launch vehicle system (as defined in section 74), such report shall include a description of the proposed export and rationale for approving such export, including the consistency of such export with United States missile nonproliferation policy. A certification transmitted pursuant to this subsection shall be 

unclassified, except that the information specified in clause (B) and 

the details of the description specified in clause (C) may be classified if the public disclosure thereof would be clearly detrimental to 

the security of the United States, in which case the information 

shall be accompanied by a description of the damage to the national security that could be expected to result from public disclosure of the information. 

(2) Unless the President states in his certification that an emergency exists which requires the proposed export in the national security interests of the United States, a license for export described 

in paragraph (1)— 

(A) in the case of a license for an export to the North Atlantic Treaty Organization, any member country of that Organization or Australia, Japan, the Republic of Korea, Israel, or New 

Zealand, shall not be issued until at least 15 calendar days 

after the Congress receives such certification, and shall not be 

issued then if the Congress, within that 15-day period, enacts 

a joint resolution prohibiting the proposed export; 

(B) in the case of a license for an export of a commercial 

communications satellite for launch from, and by nationals of, 

the Russian Federation, Ukraine, or Kazakhstan, shall not be 

issued until at least 15 calendar days after the Congress receives such certification, and shall not be issued then if the 

Congress, within that 15-day period, enacts a joint resolution 

prohibiting the proposed export; and 

(C) in the case of any other license, shall not be issued until 

at least 30 calendar days after the Congress receives such certification, and shall not be issued then if the Congress, within 

that 30-day period, enacts a joint resolution prohibiting the 

proposed export. 

If the President states in his certification that an emergency exists 

which requires the proposed export in the national security interests of the United States, thus waiving the requirements of subparagraphs (A) and (B) of this paragraph, he shall set forth in the 

certification a detailed justification for his determination, including 

a description of the emergency circumstances which necessitate the 

immediate issuance of the export license and a discussion of the 

national security interests involved. 

(3)(A) Any joint resolution under this subsection shall be considered in the Senate in accordance with the provisions of section 

601(b) of the International Security Assistance and Arms Export 

Control Act of 1976. 

(B) For the purpose of expediting the consideration and enactment of joint resolutions under this subsection, a motion to proceed 


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to the consideration of any such joint resolution after it has been 

reported by the appropriate committee shall be treated as highly 

privileged in the House of Representatives. 

(4) The provisions of subsection (b)(5) shall apply to any equipment, article, or service for which a numbered certification has 

been transmitted to Congress pursuant to paragraph (1) in the 

same manner and to the same extent as that subsection applies to 

any equipment, article, or service for which a numbered certification has been transmitted to Congress pursuant to subsection 

(b)(1). For purposes of such application, any reference in subsection 

(b)(5) to ‘‘a letter of offer’’ or ‘‘an offer’’ shall be deemed to be a reference to ‘‘a contract’’. 

(5) In the case of an application by a person (other than with regard to a sale under section 21 or 22 of this Act) for a license for 

the export to a member country of the North Atlantic Treaty Organization (NATO) or Australia, Japan, the Republic of Korea, Israel, 

or New Zealand that does not authorize a new sales territory that 

includes any country other than such countries, the limitations on 

the issuance of the license set forth in paragraph (1) shall apply 

only if the license is for export of— 

(A) major defense equipment sold under a contract in the amount of $25,000,000 or more; or 

(B) defense articles or defense services sold under a contract 

in the amount of $100,000,000 or more. 

(6) The President shall notify the Speaker of the House of 

Representatives and the Chairman of the Committee on Foreign Relations of the Senate at least 15 days prior to an export 

pursuant to a treaty referred to in section 38(j)(1)(C)(i) of this 

Act to which the provisions of paragraph (1) of this subsection 

would apply absent an exemption granted under section 

38(j)(1) of this Act, for which purpose such notification shall 

contain information comparable to that specified in paragraph 

(1) of this subsection. 

(d)(1) In the case of an approval under section 38 of this Act of 

a United States commercial technical assistance or manufacturing 

licensing agreement which involves the manufacture abroad of any 

item of significant combat equipment on the United States Munitions List, before such approval is given, the President shall submit 

a certification with respect to such proposed commercial agreement 

in a manner similar to the certification required under subsection 

(c)(1) containing comparable information, except that the last sentence of such subsection shall not apply to certifications submitted 

pursuant to this subsection. 

(2) A certification under this subsection shall be submitted— 

(A) at least 15 days before approval is given in the case of 

an agreement for or in a country which is a member of the 

North Atlantic Treaty Organization or Australia, Japan, the 

Republic of Korea, Israel, or New Zealand; and 

(B) at least 30 days before approval is given in the case of 

an agreement for or in any other country; 

unless the President states in his certification that an emergency 

exists which requires the immediate approval of the agreement in 

the national security interests of the United States. 

(3) If the President states in his certification that an emergency 

exists which requires the immediate approval of the agreement in 


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the national security interests of the United States, thus waiving 

the requirements of paragraph (4), he shall set forth in the certification a detailed justification for his determination, including a description of the emergency circumstances which necessitate the immediate approval of the agreement and a discussion of the national 

security interests involved. 

(4) Approval for an agreement subject to paragraph (1) may not 

be given under section 38 if the Congress, within the 15-day or 30- 

day period specified in paragraph (2)(A) or (B), as the case may be, 

enacts a joint resolution prohibiting such approval. 

(5)(A) Any joint resolution under paragraph (4) shall be considered in the Senate in accordance with the provisions of section 

601(b) of the International Security Assistance and Arms Export 

Control Act of 1976. 

(B) For the purpose of expediting the consideration and enactment of joint resolutions under paragraph (4), a motion to proceed 

to the consideration of any such joint resolution after it has been 

reported by the appropriate committee shall be treated as highly 

privileged in the House of Representatives. 

(6) The President shall notify the Speaker of the House of 

Representatives and the Chairman of the Committee on Foreign Relations of the Senate at least 15 days prior to an export 

pursuant to a treaty referred to in section 38(j)(1)(C)(i) of this 

Act to which the provisions of paragraph (1) of this subsection 

would apply absent an exemption granted under section 

38(j)(1) of this Act, for which purpose such notification shall 

contain information comparable to that specified in paragraph 

(1) of this subsection. 

(e) For purposes of this section— 

(1) the term ‘‘offset agreement’’ means an agreement, arrangement, or understanding between a United States supplier 

of defense articles or defense services and a foreign country 

under which the supplier agrees to purchase or acquire, or to 

promote the purchase or acquisition by other United States 

persons of, goods or services produced, manufactured, grown, 

or extracted, in whole or in part, in that foreign country in consideration for the purchase by the foreign country of defense 

articles or defense service from the supplier; and 

(2) the term ‘‘United States person’’ means— 

(A) an individual who is a national or permanent resident alien of the United States; and 

(B) any corporation, business association, partnership, 

trust, or other juridical entity— 

(i) organized under the laws of the United States or 

any State, district, territory, or possession thereof; or 

(ii) owned or controlled in fact by individuals described in subparagraph (A). 

(f) The President shall cause to be published in a timely manner 

in the Federal Register, upon transmittal to the Speaker of the 

House of Representatives, the Committee on Foreign Affairs of the 

House of Representatives, and to the chairman of the Committee 

on Foreign Relations of the Senate, the full unclassified text of— 

(1) each numbered certification submitted pursuant to subsection (b); 


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(2) each notification of a proposed commercial sale submitted 

under subsection (c); and 

(3) each notification of a proposed commercial technical assistance or manufacturing licensing agreement submitted 

under subsection (d). 

(g) Information relating to offset agreements provided pursuant 

to subparagraph (C) of the fifth sentence of subsection (b)(1) and 

the second sentence of subsection (c)(1) shall be treated as confidential information in accordance with section 12(c) of the Export 

Administration Act of 1979 (50 U.S.C. App. 2411(c)). 

(h) CERTIFICATION REQUIREMENT RELATING TO ISRAEL’S QUALI- TATIVE MILITARY EDGE.— (1) IN GENERAL.—Any certification relating to a proposed 

sale or export of defense articles or defense services under this 

section to any country in the Middle East other than Israel 

shall include a determination that the sale or export of the defense articles or defense services will not adversely affect 

Israel’s qualitative military edge over military threats to 

Israel. 

(2) REQUIREMENTS WITH RESPECT TO DETERMINATION FOR

MAJOR DEFENSE EQUIPMENT.—A determination under paragraph (1) relating to the sale or export of major defense equipment shall include— 

(A) a detailed explanation of Israel’s capacity to address 

the improved capabilities provided by such sale or export; 

(B) a detailed evaluation of— 

(i) how such sale or export alters the strategic and 

tactical balance in the region, including relative capabilities; and 

(ii) Israel’s capacity to respond to the improved regional capabilities provided by such sale or export; 

(C) an identification of any specific new capacity, capabilities, or training that Israel may require to address the 

regional or country-specific capabilities provided by such 

sale or export; and 

(D) a description of any additional United States security assurances to Israel made, or requested to be made, 

in connection with, or as a result of, such sale or export. 

(3) QUALITATIVE MILITARY EDGE DEFINED.—In this subsection, the term ‘‘qualitative military edge’’ means the ability 

to counter and defeat any credible conventional military threat 

from any individual state or possible coalition of states or from 

non-state actors, while sustaining minimal damages and casualties, through the use of superior military means, possessed 

in sufficient quantity, including weapons, command, control, 

communication, intelligence, surveillance, and reconnaissance 

capabilities that in their technical characteristics are superior 

in capability to those of such other individual or possible coalition of states or non-state actors. 

(i) PRIOR NOTIFICATION OF SHIPMENT OF ARMS.—At least 30 days 

prior to a shipment of defense articles subject to the requirements 

of subsection (b) at the joint request of the Chairman and Ranking 

Member of the Committee on Foreign Relations of the Senate or 

the Committee on Foreign Affairs of the House of Representatives, 

the President shall provide notification of such pending shipment, 


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in unclassified form, with a classified annex as necessary, to the 

Committee on Foreign Relations of the Senate and the Committee 

on Foreign Affairs of the House of Representatives. 

* * * * * * * 

SEC. 38. CONTROL OF ARMS EXPORTS AND IMPORTS.—(a)(1) In furtherance of world peace and the security and foreign policy of the 

United States, the President is authorized to control the import 

and the export of defense articles and defense services and to provide foreign policy guidance to persons of the United States involved in the export and import of such articles and services. The 

President is authorized to designate those items which shall be 

considered as defense articles and defense services for the purposes 

of this section and to promulgate regulations for the import and export of such articles and services. The items so designated shall 

constitute the United States Munitions List. 

(2) Decisions on issuing export licenses under this section shall 

take into account whether the export of an article would contribute 

to an arms race, aid in the development of weapons of mass destruction, support international terrorism, increase the possibility 

of outbreak or escalation of conflict, or prejudice the development 

of bilateral or multilateral arms control or nonproliferation agreements or other arrangements. 

(3) In exercising the authorities conferred by this section, the 

President may require that any defense article or defense service 

be sold under this Act as a condition of its eligibility for export, and 

may require that persons engaged in the negotiation for the export 

of defense articles and services keep the President fully and currently informed of the progress and future prospects of such negotiations. 

(b)(1)(A)(i) As prescribed in regulations issued under this section, 

every person (other than an officer or employee of the United 

States Government acting in an official capacity) who engages in 

the business of manufacturing, exporting, or importing any defense 

articles or defense services designated by the President under subsection (a)(1) shall register with the United States Government 

agency charged with the administration of this section, and shall 

pay a registration fee which shall be prescribed by such regulations. Such regulations shall prohibit the return to the United 

States for sale in the United States (other than for the Armed 

Forces of the United States and its allies or for any State for local 

law enforcement agency) of any military firearms or ammunition of 

United States manufacture furnished to foreign governments by 

the United States under this Act or any other foreign assistance or 

sales program of the United States, whether or not enhanced in 

value or improved in condition in a foreign country. This prohibition shall not extend to similar firearms that have been so substantially transformed as to become, in effect, articles of foreign manufacture. 

(ii)(I) As prescribed in regulations issued under this section, 

every person (other than an officer or employee of the United 

States Government acting in official capacity) who engages in the 

business of brokering activities with respect to the manufacture, 

export, import, or transfer of any defense article or defense service 

designated by the President under subsection (a)(1), or in the business of brokering activities with respect to the manufacture, export, 


SSpencer on DSKBBXCHB2PROD with REPORTS
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import, or transfer of any foreign defense article or defense service 

(as defined in subclause (IV)), shall register with the United States 

Government agency charged with the administration of this section, and shall pay a registration fee which shall be prescribed by 

such regulations. 

(II) Such brokering activities shall include the financing, transportation, freight forwarding, or taking of any other action that facilitates the manufacture, export, or import of a defense article or 

defense service. 

(III) No person may engage in the business of brokering activities 

described in subclause (I) without a license, issued in accordance 

with this Act, except that no license shall be required for such activities undertaken by or for an agency of the United States Government— 

(aa) for use by an agency of the United States Government; 

or 

(bb) for carrying out any foreign assistance or sales program 

authorized by law and subject to the control of the President 

by other means. 

(IV) For purposes of this clause, the term ‘‘foreign defense article 

or defense service’’ includes any non-United States defense article 

or defense service of a nature described on the United States Munitions List regardless of whether such article or service is of United 

States origin or whether such article or service contains United 

States origin components. 

(B) The prohibition under such regulations required by the second sentence of subparagraph (A) shall not extend to any military 

firearms (or ammunition, components, parts, accessories, and attachments for such firearms) of United States manufacture furnished to any foreign government by the United States under this 

Act or any other foreign assistance or sales program of the United 

States if— 

(i) such firearms are among those firearms that the Secretary of the Treasury is, or was at any time, required to authorize the importation of by reason of the provisions of section 

925(e) of title 18, United States Code (including the requirement for the listing of such firearms as curios or relics under 

section 921(a)(13) of that title); and 

(ii) such foreign government certifies to the United States 

Government that such firearms are owned by such foreign government. 

(C) A copy of each registration made under this paragraph shall 

be transmitted to the Secretary of the Treasury for review regarding law enforcement concerns. The Secretary shall report to the 

President regarding such concerns as necessary. 

(2) Except as otherwise specifically provided in regulations issued 

under subsection (a)(1), no defense articles or defense services designated by the President under subsection (a)(1) may be exported 

or imported without a license for such export or import, issued in 

accordance with this Act and regulations issued under this Act, except that no license shall be required for exports or imports made 

by or for an agency of the United States Government (A) for official 

use by a department or agency of the United States Government, 

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thorized by law and subject to the control of the President by other 

means. 

(3)(A) For each of the fiscal years 1988 and 1989, $250,000 of 

registration fees collected pursuant to paragraph (1) shall be credited to a Department of State account, to be available without fiscal 

year limitation. Fees credited to that account shall be available 

only for the payment of expenses incurred for— 

(i) contract personnel to assist in the evaluation of munitions 

control license applications, reduce processing time for license 

applications, and improve monitoring of compliance with the 

terms of licenses; and 

(ii) the automation of munitions control functions and the 

processing of munitions control license applications, including 

the development, procurement, and utilization of computer 

equipment and related software. 

(B) The authority of this paragraph may be exercised only to 

such extent or in such amounts as are provided in advance in appropriation Acts. 

(c) Any person who willfully violates any provision of this section, 

section 39, a treaty referred to in subsection (j)(1)(C)(i), or any rule 

or regulation issued under this section or section 39, including any 

rule or regulation issued to implement or enforce a treaty referred 

to in subsection (j)(1)(C)(i) or an implementing arrangement pursuant to such treaty, or who willfully, in a registration or license application or required report, makes any untrue statement of a material fact or omits to state a material fact required to be stated 

therein or necessary to make the statements therein not misleading, shall upon conviction be fined for each violation not more 

than $1,000,000, or imprisoned not more than 20 years, or both. 

(e) In carrying out functions under this section with respect to 

the export of defense articles and defense services, including defense articles and defense services exported or imported pursuant 

to a treaty referred to in subsection (j)(1)(C)(i), the President is authorized to exercise the same powers concerning violations and enforcement which are conferred upon departments, agencies and officials by subsections (c), (d), (e), and (g) of section 11 of the Export 

Administration Act of 1979, and by subsections (a) and (c) of section 12 of such Act, subject to the same terms and conditions as 

are applicable to such powers under such Act, except that section 

11(c)(2)(B) of such Act shall not apply, and instead, as prescribed 

in regulations issued under this section, the Secretary of State may 

assess civil penalties for violations of this Act and regulations prescribed thereunder and further may commence a civil action to recover such civil penalties, and except further that the names of the 

countries and the types and quantities of defense articles for which 

licenses are issued under this section shall not be withheld from 

public disclosure unless the President determines that the release 

of such information would be contrary to the national interest. 

Nothing in this subsection shall be construed as authorizing the 

withholding of information from the Congress. Notwithstanding 

section 11(c) of the Export Administration Act of 1979, the civil 

penalty for each violation involving controls imposed on the export 

of defense articles and defense services under this section may not 

exceed $500,000. 


SSpencer on DSKBBXCHB2PROD with REPORTS
179 

(f)(1) The President shall periodically review the items on the 

United States Munitions List to determine what items, if any, no 

longer warrant export controls under this section. The results of 

such reviews shall be reported to the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of 

Representatives, and to the Committee on Foreign Relations and 

the Committee on Banking, Housing, and Urban Affairs of the Senate. The President may not remove any item from the Munitions 

List until 30 days after the date on which the President has provided notice of the proposed removal to the Committee on International Relations of the House of Representatives and to the Committee on Foreign Relations of the Senate in accordance with the 

procedures applicable to reprogramming notifications under section 

634A(a) of the Foreign Assistance Act of 1961. Such notice shall describe the nature of any controls to be imposed on that item under 

any other provision of law. 

(2) The President may not authorize an exemption for a foreign 

country from the licensing requirements of this Act for the export 

of defense items under subsection (j) or any other provision of this 

Act until 30 days after the date on which the President has transmitted to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate 

a notification that includes— 

(A) a description of the scope of the exemption, including a 

detailed summary of the defense articles, defense services, and 

related technical data covered by the exemption; and 

(B) a determination by the Attorney General that the bilateral agreement concluded under subsection (j) requires the 

compilation and maintenance of sufficient documentation relating to the export of United States defense articles, defense 

services, and related technical data to facilitate law enforcement efforts to detect, prevent, and prosecute criminal violations of any provision of this Act, including the efforts on the 

part of countries and factions engaged in international terrorism to illicitly acquire sophisticated United States defense 

items. 

(3) Paragraph (2) shall not apply with respect to an exemption 

for Canada from the licensing requirements of this Act for the export of defense items. 

(4) Paragraph (2) shall not apply with respect to an exemption under subsection (j)(1) to give effect to a treaty referred 

to in subsection (j)(1)(C)(i) (and any implementing arrangements to such treaty), provided that the President promulgates 

regulations to implement and enforce such treaty under this 

section and section 39. 

(5)(A) Except as provided in subparagraph (B), the President 

shall take such actions as may be necessary to require that, at 

the time of export or reexport of any major defense equipment 

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, the major defense equipment 

will not be subsequently modified so as to transform such 

major defense equipment into a defense article. 


SSpencer on DSKBBXCHB2PROD with REPORTS
180 

(B) The President may authorize the transformation of any 

major defense equipment described in subparagraph (A) into a 

defense article if the President— 

(i) determines that such transformation is appropriate 

and in the national interests of the United States; and 

(ii) provides notice of such transformation to the chairman of the Committee on Foreign Affairs of the House of 

Representatives and the chairman of the Committee on 

Foreign Relations of the Senate consistent with the notification requirements of section 36(b)(5)(A) of this Act. 

(C) In this paragraph, the term ‘‘defense article’’ means an 

item designated by the President pursuant to subsection (a)(1). 

(6) The President shall ensure that any major defense equipment that is 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, shall continue to be 

subject to the notification and reporting requirements of the 

following provisions of law: 

(A) Section 516(f) of the Foreign Assistance Act of 1961 

(22 U.S.C. 2321j(f)). 

(B) Section 655 of the Foreign Assistance Act of 1961 (22 

U.S.C. 2415). 

(C) Section 3(d)(3)(A) of this Act. 

(D) Section 25 of this Act. 

(E) Section 36(b), (c), and (d) of this Act. 

(g)(1) The President shall develop appropriate mechanisms to 

identify, in connection with the export licensing process under this 

section— 

(A) persons who are the subject of an indictment for, or have 

been convicted of, a violation under— 

(i) this section, 

(ii) section 11 of the Export Administration Act of 1979 

(50 U.S.C. App. 2410), 

(iii) section 793, 794, or 798 of title 18, United States 

Code (relating to espionage involving defense or classified 

information) or section 2339A of such title (relating to providing material support to terrorists), 

(iv) section 16 of the Trading with the Enemy Act (50 

U.S.C. App. 16), 

(v) section 206 of the International Emergency Economic 

Powers Act (relating to foreign assets controls; 50 U.S.C. 

App. 1705), 

(vi) section 30A of the Securities Exchange Act of 1934 

(15 U.S.C. 78dd1) or section 104 of the Foreign Corrupt 

Practices Act (15 U.S.C. 78dd2), 

(vii) chapter 105 of title 18, United States Code (relating 

to sabotage), 

(viii) section 4(b) of the Internal Security Act of 1950 (relating to communication of classified information; 50 

U.S.C. 783(b)), 

(ix) section 57, 92, 101, 104, 222, 224, 225, or 226 of the 

Atomic Energy Act of 1954 (42 U.S.C. 2077, 2122, 2131, 

2134, 2272, 2274, 2275, and 2276), 

(x) section 601 of the National Security Act of 1947 (relating to intelligence identities protection; 50 U.S.C. 421), 


SSpencer on DSKBBXCHB2PROD with REPORTS
181 

(xi) section 603 (b) or (c) of the Comprehensive AntiApartheid Act of 1986 (22 U.S.C. 5113 (b) and (c)), or 

(xii) sections 3, 4, 5, and 6 of the Prevention of Terrorist 

Access to Destructive Weapons Act of 2004, relating to 

missile systems designed to destroy aircraft (18 U.S.C. 

2332g), prohibitions governing atomic weapons (42 U.S.C. 

2122), radiological dispersal devices (18 U.S.C. 2332h), and 

variola virus (18 U.S.C. 175c); 

(B) persons who are the subject of an indictment or have 

been convicted under section 371 of title 18, United States 

Code, for conspiracy to violate any of the statutes cited in subparagraph (A); and 

(C) persons who are ineligible— 

(i) to contract with, 

(ii) to receive a license or other form of authorization to 

export from, or 

(iii) to receive a license or other form of authorization to 

import defense articles or defense services from, 

any agency of the United States Government. 

(2) The President shall require that each applicant for a license 

to export an item on the United States Munitions List identify in 

the application all consignees and freight forwarders involved in 

the proposed export. 

(3) If the President determines— 

(A) that an applicant for a license to export under this section is the subject of an indictment for a violation of any of the 

statutes cited in paragraph (1), 

(B) that there is reasonable cause to believe that an applicant for a license to export under this section has violated any 

of the statutes cited in paragraph (1), or 

(C) that an applicant for a license to export under this section is ineligible to contract with, or to receive a license or 

other form of authorization to import defense articles or defense services from, any agency of the United States Government, 

the President may disapprove the application. The President shall 

consider requests by the Secretary of the Treasury to disapprove 

any export license application based on these criteria. 

(4) A license to export an item on the United States Munitions 

List may not be issued to a person— 

(A) if that person, or any party to the export, has been convicted of violating a statute cited in paragraph (1), or 

(B) if that person, or any party to the export, is at the time 

of the license review ineligible to receive export licenses (or 

other forms of authorization to export) from any agency of the 

United States Government, 

except as may be determined on a case-by-case basis by the President, after consultation with the Secretary of the Treasury, after 

a thorough review of the circumstances surrounding the conviction 

or ineligibility to export and a finding by the President that appropriate steps have been taken to mitigate any law enforcement concerns. 

(5) A license to export an item on the United States Munitions 

List may not be issued to a foreign person (other than a foreign 

government). 


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182 

(6) The President may require a license (or other form of authorization) before any item on the United States Munitions List is sold 

or otherwise transferred to the control or possession of a foreign 

person or a person acting on behalf of a foreign person. 

(7) The President shall, in coordination with law enforcement 

and national security agencies, develop standards for identifying 

high-risk exports for regular end-use verification. These standards 

shall be published in the Federal Register and the initial standards 

shall be published not later than October 1, 1988. 

(8) Upon request of the Secretary of State, the Secretary of Defense and the Secretary of the Treasury shall detail to the office 

primarily responsible for export licensing functions under this section, on a nonreimbursable basis, personnel with appropriate expertise to assist in the initial screening of applications for export 

licenses under this section in order to determine the need for further review of those applications for foreign policy, national security, and law enforcement concerns. 

(9) For purposes of this subsection— 

(A) the term ‘‘foreign corporation’’ means a corporation that 

is not incorporated in the United States; 

(B) the term ‘‘foreign government’’ includes any agency or 

subdivision of a foreign government, including an official mission of a foreign government; 

(C) the term ‘‘foreign person’’ means any person who is not 

a citizen or national of the United States or lawfully admitted 

to the United States for permanent residence under the Immigration and Nationality Act, and includes foreign corporations, 

international organizations, and foreign governments; 

(D) the term ‘‘party to the export’’ means— 

(i) the president, the chief executive officer, and other 

senior officers of the license applicant; 

(ii) the freight forwarders or designated exporting agent 

of the license application; and 

(iii) any consignee or end user of any item to be exported; and 

(E) the term ‘‘person’’ means a natural person as well as a 

corporation, business association, partnership, society, trust, or 

any other entity, organization, or group, including governmental entities. 

(h) The designation by the President (or by an official to whom 

the President’s functions under subsection (a) have been duly delegated), in regulations issued under this section, of items as defense 

articles or defense services for purposes of this section shall not be 

subject to judicial review. 

(i) As prescribed in regulations issued under this section, a 

United States person to whom a license has been granted to export 

an item on the United States Munitions List shall, not later than 

15 days after the item is exported, submit to the Department of 

State a report containing all shipment information, including a description of the item and the quantity, value, port of exit, and enduser and country of destination of the item. 

(j) REQUIREMENTS RELATING TO øCOUNTRY¿ EXEMPTIONS FOR LI- CENSING OF DEFENSE ITEMS FOR EXPORT øTO FOREIGN COUN- TRIES¿.— 

(1) REQUIREMENT FOR BILATERAL AGREEMENT.— 


SSpencer on DSKBBXCHB2PROD with REPORTS
183 

(A) IN GENERAL.—The President may utilize the regulatory or other authority pursuant to this Act to exempt øa 

foreign country¿ the North Atlantic Treaty Organization, 

any member country of that Organization, the Republic of 

Korea, Australia, New Zealand, Japan, or Israel from the 

licensing requirements of this Act with respect to exports 

of defense items (except that the President may not so exempt such Organization, member country, or other country 

that is not eligible to acquire defense items under any other 

provision of law) only if the United States Government has 

concluded a binding bilateral agreement with øthe foreign 

country¿ such Organization, member country, or other 

country. Such agreement shall— 

(i) meet the requirements set forth in paragraph (2); 

and 

(ii) be implemented by the United States and øthe 

foreign country¿ such Organization, member country, 

or other country in a manner that is legally-binding 

øunder their domestic laws¿. (B) EXCEPTION FOR CANADA.—The requirement to conclude a bilateral agreement in accordance with subparagraph (A) shall not apply with respect to an exemption for 

Canada from the licensing requirements of this Act for the 

export of defense items. 

(C) EXCEPTION FOR DEFENSE TRADE COOPERATION TREA- TIES.— (i) IN GENERAL.—The requirement to conclude a bilateral agreement in accordance with subparagraph 

(A) shall not apply with respect to an exemption from 

the licensing requirements of this Act for the export of 

defense items to give effect to any of the following defense trade cooperation treaties, provided that the 

treaty has entered into force pursuant to article II, 

section 2, clause 2 of the Constitution of the United 

States: 

(I) The Treaty Between the Government of the 

United States of America and the Government of 

the United Kingdom of Great Britain and Northern Ireland Concerning Defense Trade Cooperation, done at Washington and London on June 21 

and 26, 2007 (and any implementing arrangement 

thereto). 

(II) The Treaty Between the Government of the 

United States of America and the Government of 

Australia Concerning Defense Trade Cooperation, 

done at Sydney September 5, 2007 (and any implementing arrangement thereto). 

(ii) LIMITATION OF SCOPE.—The United States shall 

exempt from the scope of a treaty referred to in clause 

(i)— 

(I) complete rocket systems (including ballistic 

missile systems, space launch vehicles, and sounding rockets) or complete unmanned aerial vehicle 

systems (including cruise missile systems, target 

drones, and reconnaissance drones) capable of deVerDate Sep 11 2014 05:48 Jul 31, 2019 Jkt 089006 PO 00000 Frm 00183 Fmt 6659 Sfmt 6601 E:\HR\OC\HR181.XXX HR181

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184 

livering at least a 500 kilogram payload to a range 

of 300 kilometers, and associated production facilities, software, or technology for these systems, as 

defined in the Missile Technology Control Regime 

Annex Category I, Item 1; 

(II) individual rocket stages, re-entry vehicles 

and equipment, solid or liquid propellant motors 

or engines, guidance sets, thrust vector control 

systems, and associated production facilities, software, and technology, as defined in the Missile 

Technology Control Regime Annex Category I, 

Item 2; 

(III) defense articles and defense services listed 

in the Missile Technology Control Regime Annex 

Category II that are for use in rocket systems, as 

that term is used in such Annex, including associated production facilities, software, or technology; 

(IV) toxicological agents, biological agents, and 

associated equipment, as listed in the United 

States Munitions List (part 121.1 of chapter I of 

title 22, Code of Federal Regulations), Category 

XIV, subcategories (a), (b), (f)(1), (i), (j) as it pertains to (f)(1), (l) as it pertains to (f)(1), and (m) 

as it pertains to all of the subcategories cited in 

this paragraph; 

(V) defense articles and defense services specific 

to the design and testing of nuclear weapons 

which are controlled under United States Munitions List Category XVI(a) and (b), along with associated defense articles in Category XVI(d) and 

technology in Category XVI(e); 

(VI) with regard to the treaty cited in clause 

(i)(I), defense articles and defense services that 

the United States controls under the United 

States Munitions List that are not controlled by 

the United Kingdom, as defined in the United 

Kingdom Military List or Annex 4 to the United 

Kingdom Dual Use List, or any successor lists 

thereto; and 

(VII) with regard to the treaty cited in clause 

(i)(II), defense articles for which Australian laws, 

regulations, or other commitments would prevent 

Australia from enforcing the control measures 

specified in such treaty. 

(2) REQUIREMENTS OF BILATERAL AGREEMENT.—A bilateral 

agreement referred to in paragraph (1)— 

(A) shallø, at a minimum,¿ require øthe foreign country¿ 

the Organization, member country, or other country referred to in paragraph (1), as necessary, øto revise its policies and practices, and promulgate or enact necessary 

modifications to its laws and regulations to establish¿ to 

establish and maintain an export control regime that is at 

least comparable to United States law, regulation, and policy requiring— 


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185 

(i) conditions on the handling of all United Statesorigin defense items exported to øthe foreign country¿ 

such Organization, member country, or other country, including prior written United States Government approval for any reexports to third countries; 

(ii) end-use and øretransfer control commitments, 

including securing¿ retransfer controls that secure 

binding end-use and retransfer control commitments 

from all end-users, including such documentation as is 

needed in order to ensure compliance and enforcement, with respect to such United States-origin defense items; 

(iii) establishment of a procedure comparable to a 

‘‘watchlist’’ (if such a watchlist does not exist) and full 

cooperation with United States Government law enforcement agencies to allow for sharing of export and 

import documentation and background information on 

foreign businesses and individuals employed by or otherwise connected to those businesses; and 

(iv) establishment of a list of controlled defense 

items to ensure coverage of those items to be exported 

under the exemption; and 

(B) shouldø, at a minimum,¿ require øthe foreign country¿ the Organization, member country, or other country referred to in paragraph (1), as necessary, øto revise its policies and practices, and promulgate or enact necessary 

modifications to its laws and regulations¿ to establish an 

export control regime that is at least comparable to United 

States law, regulation, and policy regarding— 

(i) controls on the export of tangible or intangible 

technology, including via fax, phone, and electronic 

media; 

(ii) appropriate controls on unclassified information 

relating to defense items exported to foreign nationals; 

(iii) controls on international arms trafficking and 

brokering; 

(iv) cooperation with United States Government 

agencies, including intelligence agencies, to combat efforts by third countries to acquire defense items, the 

export of which to such countries would not be authorized pursuant to the export control regimes of øthe foreign country¿ the member country or other country and 

the United States; and 

(v) violations of export control laws, and penalties 

for such violations. 

(3) ADVANCE CERTIFICATION.—Not less than 30 days before 

authorizing an exemption for øa foreign country¿ the Organization, member country, or other country referred to in paragraph 

(1) from the licensing requirements of this Act for the export 

of defense items, the President shall transmit to the Committee on Foreign Affairs of the House of Representatives and 

the Committee on Foreign Relations of the Senate a certification that— 

(A) the United States has entered into a bilateral agreement with øthat foreign country¿ such Organization, memVerDate Sep 11 2014 05:48 Jul 31, 2019 Jkt 089006 PO 00000 Frm 00185 Fmt 6659 Sfmt 6601 E:\HR\OC\HR181.XXX HR181

SSpencer on DSKBBXCHB2PROD with REPORTS
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ber country, or other country satisfying all requirements 

set forth in paragraph (2); 

(B) øthe foreign country¿ such Organization, member 

country, or other country øhas promulgated or enacted all 

necessary modifications to its laws and regulations to comply¿ has taken such actions to comply with its obligations 

under the bilateral agreement with the United States; and 

(C) the appropriate congressional committees will continue to receive notifications pursuant to the authorities, 

procedures, and practices of section 36 of this Act for defense exports to øa foreign country¿ such Organization, 

member country, or other country to which that section 

would apply and without regard to any form of defense export licensing exemption otherwise available for øthat 

country¿ such Organization, member country, or other 

country. 

(4) DEFINITIONS.—In this section: 

(A) DEFENSE ITEMS.—The term ‘‘defense items’’ means 

defense articles, defense services, and related technical 

data. 

(B) APPROPRIATE CONGRESSIONAL COMMITTEES.—The 

term ‘‘appropriate congressional committees’’ means— 

(i) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and 

(ii) the Committee on Foreign Relations and the 

Committee on Appropriations of the Senate. 

(k) LICENSING OF CERTAIN COMMERCE-CONTROLLED ITEMS.— 

(1) IN GENERAL.—A license or other approval from the Department of State granted in accordance with this section may 

also authorize the export of items subject to the Export Administration Regulations if such items are to be used in or with 

defense articles controlled on the United States Munitions List. 

(2) OTHER REQUIREMENTS.—The following requirements shall 

apply with respect to a license or other approval to authorize 

the export of items subject to the Export Administration Regulations under paragraph (1): 

(A) Separate approval from the Department of Commerce shall not be required for such items if such items 

are approved for export under a Department of State license or other approval. 

(B) Such items subject to the Export Administration 

Regulations that are exported pursuant to a Department of 

State license or other approval would remain under the jurisdiction of the Department of Commerce with respect to 

any subsequent transactions. 

(C) The inclusion of the term ‘‘subject to the EAR’’ or 

any similar term on a Department of State license or approval shall not affect the jurisdiction with respect to such 

items. 

(3) DEFINITION.—In this subsection, the term ‘‘Export Administration Regulations’’ means— 

(A) the Export Administration Regulations as maintained and amended under the authority of the InterVerDate Sep 11 2014 05:48 Jul 31, 2019 Jkt 089006 PO 00000 Frm 00186 Fmt 6659 Sfmt 6601 E:\HR\OC\HR181.XXX HR181

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national Emergency Economic Powers Act (50 U.S.C. 1701 

et seq.); or 

(B) any successor regulations. 

* * * * * * * 

CHAPTER 4—GENERAL, ADMINISTRATIVE, AND 

MISCELLANEOUS PROVISIONS 

* * * * * * * 

SEC. 42. GENERAL PROVISIONS.—(a) In carrying out this Act, special emphasis shall be placed on procurement in the United States 

on a competitive basis, but, subject to the provisions of subsection 

(b) of this section, consideration shall also be given to coproduction 

or licensed production outside the United States of defense articles 

of United States origin when such production best serves the foreign policy, national security, and economy of the United States. In 

evaluating any sale proposed to be made pursuant to this Act, 

there shall be taken into consideration (A) the extent to which the 

proposed sale damages or infringes upon licensing arrangements 

whereby United States entities have granted licenses for the manufacture of the defense articles selected by the purchasing country 

to entities located in friendly foreign countries, which licenses result in financial returns to the United States, (B) the portion of the 

defense articles so manufactured which is of United States origin, 

and (C) whether, and the extent to which, such sale might contribute to an arms race, aid in the development of weapons of mass 

destruction, support international terrorism, increase the possibility of outbreak or escalation of conflict, or prejudice the development of bilateral or multilateral arms control or nonproliferation 

agreements or other arrangements. 

(b) No credit sale shall be extended under section 23, and no 

guarantee shall be issued under section 24, in any case involving 

coproduction or licensed, production outside the United States of 

any defense article of United States origin unless the Secretary of 

State shall, in advance of any such transaction, advise the appropriate committees of the Congress and furnish the Speaker of the 

House of Representatives and the President of the Senate with full 

information regarding the proposed transaction, including, but not 

limited to, a description of the particular defense article or articles 

which would be produced under license or coproduced outside the 

United States, the estimated value of such production or coproduction, and the probable impact of the proposed transaction on employment and production within the United States. 

(c) Funds made available under this Act may be used for procurement outside the United States only if the President determines 

that such procurement will not result in adverse effects upon the 

economy of the United States or the industrial mobilization base, 

with special reference to any areas of labor surplus or to the net 

position of the United States in its balance of payments with the 

rest of the world, which outweigh the economic or other advantages 

to the United States of less costly procurement outside the United 

States. 

(d)(1) With respect to sales and guaranties under sections 21, 22, 

23, 24, 29, and 30 the Secretary of Defense shall, under the direction of the President, have primary responsibility for— 


SSpencer on DSKBBXCHB2PROD with REPORTS
188 

(A) the determination of military end-item requirements; 

(B) the procurement of military equipment in a manner 

which permits its integration with service programs; 

(C) the supervision of the training of foreign military personnel; 

(D) the movement and delivery of military end-items; and 

(E) within the Department of Defense, the performance of 

any other functions with respect to sales and guaranties. 

(2) The establishment of priorities in the procurement, delivery, 

and allocation of military equipment shall, under the direction of 

the President, be determined by the Secretary of Defense. 

(e)(1) Each contract for sale entered into under sections 21, 22, 

29, and 30 of this Act, and each contract entered into under section 

27(d) of this Act, shall provide that such contract may be canceled 

in whole or in part, or its execution suspended, by the United 

States at any time under unusual or compelling circumstances if 

the national interest so requires. 

(2)(A) Each export license issued under section 38 of this Act 

shall provide that such license may be revoked, suspended, or 

amended by the Secretary of State, without prior notice, whenever 

the Secretary deems such action to be advisable. 

(B) Nothing in this paragraph may be construed as limiting the 

regulatory authority of the President under this Act. 

(3) There are authorized to be appropriated from time to time 

such sums as may be necessary (A) to refund moneys received from 

purchasers under contracts of sale entered into under sections 21, 

22, 29, and 30 of this Act, or under contracts entered into under 

sec. 27(d) of this Act, that are canceled or suspended under this 

subsection to the extent such moneys have previously been disbursed to private contractors and United States Government agencies for work in progress, and (B) to pay such damages and costs 

that accrue from the corresponding cancellation or suspension of 

the existing procurement contracts or United States Government 

agency work orders involved. 

(f) The President shall, to the maximum extent possible and consistent with the purposes of this Act, use civilian contract personnel in any foreign country to perform defense services sold 

under this Act. 

* * * * * * * 

DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2005 

* * * * * * * 

TITLE X 

OTHER MATTERS 

* * * * * * * 

CHAPTER 2—BILATERAL ECONOMIC ASSISTANCE 

* * * * * * * 


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189 

GENERAL PROVISIONS, THIS CHAPTER 

SEC. 12001. (a)(1) Notwithstanding section 514 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h), the President may transfer 

to Israel, in exchange for concessions to be negotiated by the Secretary of Defense, with the concurrence of the Secretary of State, 

any or all of the items described in paragraph (2). 

(2) The items referred to in paragraph (1) are armor, artillery, 

automatic weapons ammunition, missiles, and other munitions 

that— 

(A) are obsolete or surplus items; 

(B) are in the inventory of the Department of Defense; 

(C) are intended for use as reserve stocks for Israel; and 

(D) are located in a stockpile in Israel. 

(b) The value of concessions negotiated pursuant to subsection (a) 

shall be at least equal to the fair market value of the items transferred. The concessions may include cash compensation, services, 

waiver of charges otherwise payable by the United States, and 

other items of value. 

(c) Not later than 30 days before making a transfer under the authority of this section, the President shall transmit a notification 

of the proposed transfer to the Committees on Foreign Relations 

and Armed Services of the Senate and the Committees on International Relations and Armed Services of the House of Representatives. The notification shall identify the items to be transferred and 

the concessions to be received. 

(d) No transfer may be made under the authority of this section 

after September 30, ø2020¿ 2021. 

* * * * * * * 

ARMS CONTROL AND DISARMAMENT ACT 

* * * * * * * 

TITLE IV—GENERAL PROVISIONS 

* * * * * * * 

øPUBLIC ANNUAL REPORT ON WORLD MILITARY EXPENDITURES AND

ARMS TRANSFERS

øSEC. 404. Not later than December 31 of each year, the Secretary of State shall publish an unclassified report on world military expenditures and arms transfers. Such report shall provide detailed, comprehensive, and statistical information regarding military expenditures, arms transfers, armed forces, and related economic data for each country of the world. In addition, such report 

shall include pertinent in-depth analyses as well as highlights with 

respect to arms transfers and proliferation trends and initiatives 

affecting such developments.¿ 

* * * * * * * 


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190 

PUBLIC LAW 94-304 

AN ACT To establish a Commission on Security and Cooperation in Europe. 

* * * * * * * 

øSEC. 5. In order to assist the Commission in carrying out its duties, the President shall submit to the Commission an annual report, which shall include (1) a detailed survey of actions by the signatories of the Final Act reflecting compliance with or violation of 

the provisions of the Final Act, and (2) a listing and description of 

present or planned programs and activities of the appropriate agencies of the executive branch and private organizations aimed at 

taking advantage of the provisions of the Final Act to expand EastWest economic cooperation and to promote a greater interchange of 

people and ideas between East and West.¿ 

* * * * * * * 

SECTION 502 OF THE INTERNATIONAL SECURITY AND 

DEVELOPMENT COOPERATION ACT OF 1985 

SEC. 502. COORDINATION OF ALL UNITED STATES TERRORISM-RELATED ASSISTANCE TO FOREIGN COUNTRIES. 

(a) COORDINATION.—The Secretary of State shall be responsible 

for coordinating all assistance related to international terrorism 

which is provided by the United States Government to foreign 

countries. 

ø(b) REPORTS.—Not later than February 1 each year, the Secretary of State, in consultation with appropriate United States 

Government agencies, shall report to the appropriate committees of 

the Congress on the assistance related to international terrorism 

which was provided by the United States Government during the 

preceding fiscal year. Such reports may be provided on a classified 

basis to the extent necessary, and shall specify the amount and nature of the assistance provided.¿ 

ø(c)¿ (b) RULE OF CONSTRUCTION.—Nothing contained in this section shall 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. 

* * * * * * * 

TITLE 1, UNITED STATES CODE 

* * * * * * * 

CHAPTER 2—ACTS AND RESOLUTIONS; FORMALITIES 

OF ENACTMENT; REPEALS; SEALING OF INSTRUMENTS 

* * * * * * * 

§ 112b. United States international agreements; transmission 

to Congress 

(a) The Secretary of State shall transmit to the Congress the text 

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national agreement, which agreement shall be reduced to writing), 

other than a treaty, to which the United States is a party as soon 

as practicable after such agreement has entered into force with respect to the United States but in no event later than sixty days 

thereafter. However, any such agreement the immediate public disclosure of which would, in the opinion of the President, be prejudicial to the national security of the United States shall not be so 

transmitted to the Congress but shall be transmitted to the Committee on Foreign Relations of the Senate and the øCommittee on 

International Relations¿ Committee on Foreign Affairs of the House 

of Representatives under an appropriate injunction of secrecy to be 

removed only upon due notice from the President. Any department 

or agency of the United States Government which enters into any 

international agreement on behalf of the United States shall transmit to the Department of State the text of such agreement not later 

than twenty days after such agreement has been signed. 

ø(b) Not later than March 1, 1979, and at yearly intervals thereafter, the President shall, under his own signature, transmit to the 

Speaker of the House of Representatives and the chairman of the 

Committee on Foreign Relations of the Senate a report with respect 

to each international agreement which, during the preceding year, 

was transmitted to the Congress after the expiration of the 60-day 

period referred to in the first sentence of subsection (a), describing 

fully and completely the reasons for the late transmittal.¿ 

(b) Each department or agency of the United States Government 

that enters into any international agreement described in subsection 

(a) on behalf of the United States, shall designate a Chief International Agreements Officer, who— 

(1) shall be a current employee of such department or agency; 

(2) shall serve concurrently as Chief International Agreements 

Officer; and 

(3) subject to the authority of the head of such department or 

agency, shall have department or agency-wide responsibility for 

efficient and appropriate compliance with subsection (a) to 

transmit the text of any international agreement to the Department of State not later than 20 days after such agreement has 

been signed. 

(c) Notwithstanding any other provision of law, an international 

agreement may not be signed or otherwise concluded on behalf of 

the United States without prior consultation with the Secretary of 

State. Such consultation may encompass a class of agreements 

rather than a particular agreement. 

(d)(1) The Secretary of State shall annually submit to Congress 

a report that contains an index of all international agreements, 

listed by country, date, title, and summary of each such agreement 

(including a description of the duration of activities under the 

agreement and the agreement itself), that the United States— 

(A) has signed, proclaimed, or with reference to which any 

other final formality has been executed, or that has been extended or otherwise modified, during the preceding calendar 

year; and 

(B) has not been published, or is not proposed to be published, in the compilation entitled ‘‘United States Treaties and 

Other International Agreements’’. 


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(2) The report described in paragraph (1) may be submitted in 

classified form. 

(e)(1) Subject to paragraph (2), the Secretary of State shall determine for and within the executive branch whether an arrangement 

constitutes an international agreement within the meaning of this 

section. 

(2)(A) An arrangement shall constitute an international agreement within the meaning of this section (other than subsection (c)) 

irrespective of the duration of activities under the arrangement or 

the arrangement itself. 

(B) Arrangements that constitute an international agreement 

within the meaning of this section (other than subsection (c)) include the following: 

(i) A bilateral or multilateral counterterrorism agreement. 

(ii) A bilateral agreement with a country that is subject to 

a determination under section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)), section 

620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 

2371(a)), or section 40(d) of the Arms Export Control Act (22 

U.S.C. 2780(d)). 

(f) The President shall, through the Secretary of State, promulgate such rules and regulations as may be necessary to carry out 

this section. 

* * * * * * * 

SEAN AND DAVID GOLDMAN INTERNATIONAL CHILD 

ABDUCTION PREVENTION AND RETURN ACT OF 2014 

* * * * * * * 

TITLE I—DEPARTMENT OF STATE 

ACTIONS 

SEC. 101. ANNUAL REPORT. 

(a) IN GENERAL.—Not later than April 30 of each year, the Secretary of State shall submit to the appropriate congressional committees an Annual Report on International Child Abduction. The 

Secretary shall post the Annual Report to the publicly accessible 

website of the Department of State. 

(b) CONTENTS.—Each Annual Report shall include— 

(1) a list of all countries in which there were 1 or more abduction cases, during the preceding calendar year, relating to 

a child whose habitual residence is the United States, including a description of whether each such country— 

(A) is a Convention country; 

(B) is a bilateral procedures country; 

(C) has other procedures for resolving such abductions; 

or 

(D) adheres to no protocols with respect to child abduction; 

(2) for each country with respect to which there were 5 or 

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lating to a child whose habitual residence is the United 

States— 

(A) the number of such new abduction and access cases, 

respectively, reported during the preceding year and the 

number of children involved; 

(B) for Convention and bilateral procedures countries— 

(i) the number of abduction and access cases that 

the Central Authority of the United States transmitted to the Central Authority of such country; and 

(ii) the number of abduction and access cases that 

were not submitted by the Central Authority to the judicial or administrative authority, as applicable, of 

such country; 

(C) the reason for the delay in submission of each case 

identified in subparagraph (B)(ii) by the Central Authority 

of such country to the judicial or administrative authority 

of that country; 

(D) the number of unresolved abduction and access 

cases, respectively, the number of children involved, and 

the length of time each case has been pending; 

(E) the number and percentage of unresolved abduction 

cases in which law enforcement authorities have— 

(i) not located the abducted child; 

(ii) failed to undertake serious efforts to locate the 

abducted child; and 

(iii) failed to enforce a return order rendered by the 

judicial or administrative authorities of such country; 

(F) the total number and the percentage of the total 

number of abduction and access cases, respectively, resolved during the preceding year; 

(G) recommendations to improve the resolution of abduction and access cases; and 

(H) the average time it takes to locate a child; 

(3) the number of abducted children whose habitual residence is in the United States and who were returned to the 

United States from— 

(A) Convention countries; 

(B) bilateral procedures countries; 

(C) countries having other procedures for resolving such 

abductions; or 

(D) countries adhering to no protocols with respect to 

child abduction; 

(4) a list of Convention countries and bilateral procedures 

countries that have failed to comply with any of their obligations under the Hague Abduction Convention or bilateral procedures, as applicable, with respect to the resolution of abduction and access cases; 

(5) a list of countries demonstrating a pattern of noncompliance and a description of the criteria on which the determination of a pattern of noncompliance for each country is based; 

(6) information on efforts by the Secretary of State to encourage non-Convention countries— 

(A) to ratify or accede to the Hague Abduction Convention; 


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(B) to enter into or implement other bilateral procedures, including memoranda of understanding, with the 

United States; and 

(C) to address pending abduction and access cases; 

(7) the number of cases resolved without abducted children 

being returned to the United States from Convention countries, 

bilateral procedures countries, or other non-Convention countries, and number of children involved in such cases; 

(8) a list of countries that became Convention countries with 

respect to the United States during the preceding year; øand¿ 

(9) information about efforts to seek resolution of abduction 

cases of children whose habitual residence is in the United 

States and whose abduction occurred before the Hague Abduction Convention entered into force with respect to the United 

Statesø.¿; and 

(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. 

(c) EXCEPTIONS.—Unless a left-behind parent provides written 

permission to the Central Authority of the United States to include 

personally identifiable information about the parent or the child in 

the Annual Report, the Annual Report may not include any personally identifiable information about any such parent, child, or party 

to an abduction or access case involving such parent or child. 

(d) ADDITIONAL SECTIONS.—Each Annual Report shall also include— 

(1) information on the number of unresolved abduction cases 

affecting military parents; 

(2) a description of the assistance offered to such military 

parents; 

(3) information on the use of airlines in abductions, voluntary airline practices to prevent abductions, and recommendations for best airline practices to prevent abductions; 

(4) information on actions taken by the Central Authority of 

the United States to train domestic judges in the application 

of the Hague Abduction Convention; and 

(5) information on actions taken by the Central Authority of 

the United States to train United States Armed Forces legal 

assistance personnel, military chaplains, and military family 

support center personnel about— 

(A) abductions; 

(B) the risk of loss of contact with children; and 

(C) the legal means available to resolve such cases. 

(e) REPEAL OF THE HAGUE ABDUCTION CONVENTION COMPLIANCE

REPORT.—Section 2803 of the Foreign Affairs Reform and Restructuring Act of 1998 (42 U.S.C. 11611) is repealed. 

(f) NOTIFICATION TO CONGRESS ON COUNTRIES IN NONCOMPLI- ANCE.— 

(1) IN GENERAL.—The Secretary of State shall include, in a 

separate section of the Annual Report, the Secretary’s determination, pursuant to the provisions under section 202(b), of 

whether each country listed in the report has engaged in a pattern of noncompliance in cases of child abduction during the 

preceding 12 months. 

(2) CONTENTS.—The section described in paragraph (1)— 


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(A) shall identify any action or actions described in section 202(d) (or commensurate action as provided in section 

202(e)) that have been taken by the Secretary with respect 

to each country; 

(B) shall describe the basis for the Secretary’s determination of the pattern of noncompliance by each country; 

(C) shall indicate whether noneconomic policy options 

designed to resolve the pattern of noncompliance have reasonably been exhausted, including the consultations required under section 203. 

* * * * * * * 

TITLE 54, UNITED STATES CODE 

* * * * * * * 

SUBTITLE III—NATIONAL PRESERVATION 

PROGRAMS 

* * * * * * * 

CHAPTER 3123—COMMISSION FOR THE PRESERVATION 

OF AMERICA’S HERITAGE ABROAD 

* * * * * * * 

§ 312302. Declaration of national interest 

Because the fabric of a society is strengthened by visible reminders of the historical roots of the society, it is in the national interest to encourage the preservation and protection of the cemeteries, 

monuments, and historic buildings, and unimpeded access to those 

sites, associated with the foreign heritage of United States citizens. 

* * * * * * * 

§ 312304. Duties and powers; administrative support 

(a) DUTIES.—The Commission shall— 

(1) identify and publish a list of cemeteries, monuments, and 

historic buildings located abroad that are associated with the 

foreign heritage of United States citizens from eastern and central Europe, particularly cemeteries, monuments, and buildings that are in danger of deterioration or destruction; 

(2) encourage the preservation and protection of those cemeteries, monuments, øand historic buildings¿ and historic buildings, and unimpeded access to those sites by obtaining, in cooperation with the Secretary of State, assurances from foreign 

governments that the cemeteries, monuments, and buildings 

will be preserved øand protected¿, protected, and made accessible; and 

(3) prepare and disseminate reports on the condition of, and 

the progress toward preserving øand protecting¿, protecting, 

and making accessible, those cemeteries, monuments, and historic buildings. 

(b) POWERS.— 


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(1) HOLD HEARINGS, REQUEST ATTENDANCE, TAKE TESTIMONY, 

AND RECEIVE EVIDENCE.—The Commission or any member it 

authorizes may, for the purposes of carrying out this chapter, 

hold such hearings, sit and act at such times and places, request such attendance, take such testimony, and receive such 

evidence, as the Commission considers appropriate. 

(2) APPOINT PERSONNEL AND FIX PAY.—The Commission may 

appoint such personnel (subject to the provisions of title 5 governing appointments in the competitive service) and may fix 

the pay of such personnel (subject to the provisions of chapter 

51 and subchapter III of chapter 53 of title 5), as the Commission considers desirable. 

(3) PROCURE TEMPORARY AND INTERMITTENT SERVICES.—The 

Commission may procure temporary and intermittent services 

to the same extent as is authorized by section 3109(b) of title 

5, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay then in effect 

under section 5376 of title 5. 

(4) DETAIL PERSONNEL TO COMMISISON.—On request of the 

Commission, the head of any Federal department or agency, 

including the Secretary of State, may detail, on a reimbursable 

basis, any of the personnel of that department or agency to the 

Commission to assist it in carrying out its duties under this 

chapter. 

(5) SECURE INFORMATION.—The Commission may secure directly from any department or agency of the United States, including the Department of State, any information necessary to 

enable it to carry out this chapter. On the request of the Chairman of the Commission, the head of the department or agency 

shall furnish the information to the Commission. 

(6) GIFTS OR DONATIONS.—The Commission may accept, use, 

and dispose of gifts or donations of money or property. 

(7) USE OF MAILS.—The Commission may use the United 

States mails in the same manner and on the same conditions 

as other departments and agencies of the United States. 

(c) ADMINISTRATIVE SUPPORT.—The Administrator of General 

Services shall provide to the Commission on a reimbursable basis 

administrative support services as the Commission may request. 

§ 312305. Reports 

As soon as practicable after the end of each fiscal year, the Commission shall transmit to the President and to the Committee on 

Foreign Affairs of the House of Representatives and the Committee 

on Foreign Relations of the Senate a report that includes— 

(1) a detailed statement of the activities and accomplishments of the Commission during the fiscal year; and 

(2) any recommendations of the Commission for legislation 

and administrative actions. 

* * * * * * * 

Æ 


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