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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1631 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 210
115th CONGRESS
  1st Session
                                S. 1631

  To authorize the Department of State for Fiscal Year 2018, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 25, 2017

  Mr. Corker introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

                           September 6, 2017

                Reported by Mr. Corker, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL

 
  To authorize the Department of State for Fiscal Year 2018, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Department of 
State Authorities Act, Fiscal Year 2018''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
            TITLE I--ORGANIZATION OF THE DEPARTMENT OF STATE

Sec. 101. Sense of Congress on importance of Department of State's 
                            work.
Sec. 102. Reorganization authority.
Sec. 103. Sense of Congress regarding need for congressional 
                            authorization prior to USAID 
                            reorganization.
Sec. 103104. National diplomacy and development strategy.
Sec. 104105. Office of Global Women's Issues.
Sec. 105106. Office of International Religious Freedom.
Sec. 106107. Bureau of Democracy, Human Rights, and Labor.
Sec. 107108. Assistant Secretary for International Narcotics and Law 
                            Enforcement Affairs.
Sec. 108109. Office of International Disability Rights.
                     TITLE II--EMBASSY CONSTRUCTION

Sec. 201. Standard design in capital construction.
Sec. 202. Capital construction transparency.
Sec. 203. Contractor performance information.
Sec. 204. Growth projections for new embassies and consulates.
Sec. 205. Consolidation of small diplomatic posts.
Sec. 206. Long-range planning process.
Sec. 207. Value engineering and risk assessment.
Sec. 208. Business volume.
Sec. 209. Comptroller General report on project management skills.
Sec. 210. Embassy security requests and deficiencies.
                      TITLE III--PERSONNEL ISSUES

Sec. 301. Special appointments.
Sec. 302. Defense Base Act insurance waivers.
Sec. 303. Allowances.
Sec. 304. Science and technology fellowships.
Sec. 305. Travel for separated families.
Sec. 306. Home leave travel for separated families.
Sec. 307. Sense of Congress regarding certain fellowship programs.
                          TITLE IV--DIVERSITY

Sec. 401. Definitions.
Sec. 402. Collection, analysis, and dissemination of workforce data.
Sec. 403. Exit interviews or surveys.
Sec. 404. Recruitment.
Sec. 405. Payne fellowship authorization.
Sec. 406. Voluntary participation.
                     TITLE V--INFORMATION SECURITY

Sec. 501. Definitions.
Sec. 502. Information technology system security.
Sec. 503. Improving FOIA process.
Sec. 504. Annual report on security violations.
Sec. 505. Classified information spillage.
Sec. 506. Emergency refresher training on the handling of classified 
                            information.
Sec. 507. Prohibition on contracting with certain telecommunications 
                            providers.
Sec. 508. Report on contracts with Kaspersky Labs and Huawei.
                       TITLE VI--PUBLIC DIPLOMACY

Sec. 601. American Spaces review.
Sec. 602. Improving research and evaluation of public diplomacy.
                 TITLE VII--COMBATING PUBLIC CORRUPTION

Sec. 701. Definitions.
Sec. 702. Sense of Congress.
Sec. 703. Annual report.
Sec. 704. Additional factors for assessing government efforts to combat 
                            public corruption.
Sec. 705. Designation of embassy anti-corruption points of contact.
Sec. 706. Interagency working group.
Sec. 707. Transparency and accountability.
Sec. 708. Resources and reporting requirements.
                       TITLE VIII--MISCELLANEOUS

Sec. 801. Recurring reports.
Sec. 802. Case-Zablocki reform.
Sec. 803. Reporting on implementation of GAO recommendations.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations of the 
                Senate;
                    (B) the Committee on Appropriations of the Senate;
                    (C) the Committee on Foreign Affairs of the House 
                of Representatives; and
                    (D) the Committee on Appropriations of the House of 
                Representatives.
            (2) Department.--Unless otherwise specified, the term 
        ``Department'' means the Department of State.
            (3) Secretary.--Unless otherwise specified, the term 
        ``Secretary'' means the Secretary of State.

            TITLE I--ORGANIZATION 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) 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;
            (4) the United States Government must use all of the 
        instruments of national security and foreign policy at our 
        disposal to protect United States citizens, promote United 
        States interests and values, and support global stability and 
        prosperity;
            (5) United States security and prosperity depend on having 
        partners and allies who share our interests and values, and 
        these partnerships are nurtured through United States 
        diplomatic engagement, security partnership, economic 
        statecraft, and assistance that helps to develop shared 
        responses to natural and humanitarian disasters, economic 
        development, and good governance, including the rule of law and 
        democratic institutions;
            (6) as the United States Government agencies primarily 
        charged with conducting diplomacy and development, the 
        Department and the United States Agency for International 
        Development (USAID) require sustained, robust funding and 
        resources 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;
            (7) 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; and
            (8) the Department and USAID are vital national security 
        agencies, whose work is critical to the projection of American 
        power and leadership worldwide, and without which Americans 
        would be less safe, our economic power would be diminished, and 
        global stability and prosperity would suffer.

SEC. 102. REORGANIZATION AUTHORITY.

    (a) Notification.--Not later than 60 days before the Office of 
Management and Budget (OMB) submits its final Government-wide Reform 
Plan pursuant to the March 31, 2017 March 13, 2017, Executive Order 
13781 entitled, ``Comprehensive Plan for Reorganizing the Executive 
Branch'', the Secretary, in coordination with the Director of OMB and 
the USAID Administrator, shall report to the appropriate congressional 
committees on the details of the plans for the reorganization of the 
Department and USAID.
<DELETED>    (b) Elements.--The report referred to in subsection (a) 
may be a brief or a written report and shall include the following 
elements:</DELETED>
        <DELETED>    (1) The principles and goals of such 
        reorganization.</DELETED>
        <DELETED>    (2) The justification for the 
        reorganization.</DELETED>
        <DELETED>    (3) An assessment of the projected impact of the 
        reorganization.</DELETED>
        <DELETED>    (4) Recommendations for any legislative 
        authorities required to implement the proposed 
        reorganization.</DELETED>
    (b) Elements.--The report referred to in subsection (a) may be a 
brief or a written report and shall include the following elements:
            (1) The principles and goals of such reorganization, 
        including the timeline under which the proposed organizational 
        changes will be implemented.
            (2) The justification for the reorganization, specifically 
        with reference to the bureaus, offices, or positions of the 
        Department or of USAID that would be proposed to be eliminated, 
        created, or altered by such reorganization.
            (3) An assessment of the projected impact of the 
        reorganization on United States diplomacy and development 
        efforts.
            (4) Recommendations for any legislative authorities 
        required to implement the proposed reorganization.
    (c) Consultation.--Not later than 30 days after the notification 
referred to in subsection (a), the Secretary, in coordination with the 
Director of OMB and the USAID Administrator, shall consult with the 
appropriate congressional committees regarding the reorganization plan.
    (d) Reporting or Briefing Requirement.--Not later than 60 days 
after the notification referred to in subsection (a), the Secretary, in 
coordination with the Director of OMB and the USAID Administrator, 
shall--
            (1) brief or submit a report to the appropriate 
        congressional committees on how advice received pursuant to 
        subsection (c) will be incorporated into the reform plan; or
            (2) submit the plan to such committees.
<DELETED>    (e) Temporary Limitation.--The Department and USAID may 
not implement any provisions of the Government-wide Reform Plan until 
30 days after the plan is submitted pursuant to subsection 
(a).</DELETED>
    (e) Temporary Limitation.--The Department and USAID shall not 
implement any provisions of the Government-wide Reform Plan until 60 
days after it is submitted by OMB.
    (f) Limitation.--Any plan for the reorganization of the Department 
and USAID--
            (1) shall preserve the independence of USAID and its 
        authority to directly oversee its mission to end extreme 
        poverty and promote resilient, democratic societies, while 
        advancing the security and prosperity of the United States; and
            (2) may not involve the subordination of USAID to the 
        Department or any other Federal agency.
    (f)(g) Rule of Construction.--Nothing in this section may be 
construed as superseding any law that requires the establishment of 
certain bureaus and offices of the Department or USAID.

SEC. 103. SENSE OF CONGRESS REGARDING NEED FOR CONGRESSIONAL 
              AUTHORIZATION PRIOR TO USAID REORGANIZATION.

    It is the sense of Congress that, pursuant to section 1413 of the 
Foreign Affairs Reform and Restructuring Act of 1998 (22 U.S.C. 6563), 
congressional authorization is a prerequisite to any reorganization of 
the United States Agency for International Development that would 
change its current status as an independent establishment within the 
Executive branch.

SEC. 103104. NATIONAL DIPLOMACY AND DEVELOPMENT STRATEGY.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the latest iteration of the Joint Strategic Plan 
        developed by the Department and USAID does not adequately 
        address the strategic priorities of the United States, identify 
        key threats and opportunities, or offer the rationale for 
        making hard choices with regard to limited resources; and
            (2) additional requirements to the Joint Strategic Plan are 
        necessary to encourage the development of a national diplomacy 
        and development strategy, elements of which shall be provided 
        to Congress in classified form.
    (b) Enhancement of Joint Strategic Plan for the Department and 
Usaid.--In addition to meeting the requirements described in section 
306 of title 5, United States Code, the strategic plan developed by the 
Department and USAID shall--
            (1) refer to and support the most recent national security 
        strategy report submitted pursuant to section 108 of the 
        National Security Act of 1947 (50 U.S.C. 3043);
            (2) be integrated and coordinated with other relevant 
        national-level plans and with the strategic plans of other 
        Federal departments and agencies, including the current 
        National Defense Strategy;
            (3) prioritize the leading worldwide diplomatic and 
        development interests and objectives of the United States and 
        the leading threats and challenges associated with those 
        interests and objectives;
            (4) identify the major diplomatic, economic, and assistance 
        approaches designed to support and further the worldwide 
        interests, goals, commitments, and policies that are vital to 
        the national security of the United States;
            (5) describe how the diplomatic and development community 
        will utilize personnel, partnerships, alliances, industry, 
        technology, international and nongovernmental organizations, 
        and other capabilities to execute the efforts described in 
        paragraph (4);
            (6) outline the organizational roles and missions of the 
        elements of the diplomatic and development community as part of 
        an integrated enterprise, and how those elements coordinate and 
        collaborate with other Federal departments and agencies 
        supporting the national security strategy of the United States;
            (7) include an assessment of each bureau headed by an 
        Assistant Secretary of State or an Assistant Administrator of 
        USAID regarding its current and anticipated contribution to the 
        overall strategic plan, including analysis of personnel, 
        responsibilities, performance, and chain of management;
            (8) identify sources of strategic, institutional, 
        programmatic, fiscal, and technological risk;
            (9) analyze factors that may affect the diplomatic and 
        development community's performance in pursuing the efforts 
        described in paragraph (3 4) during the following 10-year 
        period; and
            (10) identify extraordinary resources and statutory 
        authorities that may be necessary to implement this strategy.
    (c) Form.--The plan required under subsection (b) shall be 
transmitted in both classified and unclassified form.
    (d) Submission to Congress.--Not later than 30 days after 
submission of the strategic plan required under section 306 of title 5, 
United States Code, the Secretary shall submit the classified annex 
under subsection (c) to the appropriate congressional committees and to 
the Committees on Armed Services of the Senate and the House of 
Representatives.

SEC. 104105. OFFICE OF GLOBAL WOMEN'S ISSUES.

    (a) In General.--The Secretary should establish an Office of Global 
Women's Issues (referred to in this section as the ``Office''), and 
place the Office within the Department as the Secretary sees fit.
    (b) Purpose.--The Office should coordinate efforts of the United 
States Government, as directed by the Secretary, regarding gender 
equality and advancing the status of women and girls in United States 
foreign policy.
    (c) Duties.--The Office--
            (1) should serve as the principal advisor to the Secretary 
        regarding gender equality, women's empowerment, and violence 
        against women and girls as a foreign policy matter;
            (2) should represent the United States in diplomatic and 
        multilateral fora on matters relevant to the status of women 
        and girls;
            (3) should advise the Secretary and provide input on all 
        activities, policies, programs, and funding relating to gender 
        equality and the advancement of women and girls internationally 
        for all bureaus and offices of the Department and in the 
        international programs of all other Federal agencies;
            (4) should work to ensure that efforts to advance gender 
        equality and women's empowerment are fully integrated into the 
        programs, structures, processes, and capacities of all bureaus 
        and offices of the Department and in the international programs 
        of other Federal agencies;
            (5) should direct, as appropriate, United States resources 
        to respond to needs for gender equality and empowerment of 
        women in United States foreign policies and international 
        programs;
            (6) may design, support, and implement activities regarding 
        empowerment of women internationally; and
            (7) should conduct regular consultation with civil society 
        organizations working to advance gender equality and empower 
        women and girls internationally.
    (d) Supervision.--The Office should be headed by-- an Ambassador-
at-large for Global Women's Issues who exercises significant authority, 
reports to the President or Secretary, and is appointed by the 
President or Secretary with the advice and consent of the Senate.
        <DELETED>    (1) a senior advisor to the appropriate Assistant 
        Secretary; or</DELETED>
        <DELETED>    (2) an officer exercising significant authority 
        who reports to the President or Secretary, appointed by and 
        with the advice and consent of the Senate.</DELETED>
    (e) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall provide a report or briefing 
to the appropriate congressional committees of the steps taken to 
fulfill the duties of the Office set forth in subsection (c).

SEC. 105106. OFFICE OF INTERNATIONAL RELIGIOUS FREEDOM.

    (a) In General.--Section 101(c)(4) of the International Religious 
Freedom Act of 1998 (22 U.S.C. 6411(c)(4)) is amended--
            (1) in subparagraph (A), by striking ``; and'' and 
        inserting a semicolon;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(C) shall supervise any special envoy, special 
                representative, or office with responsibility for 
                protecting international religious freedom, protecting 
                religious minorities, or advising the Secretary on 
                matters relating to religion.''.
    (b) In General.--Section 59(a)(2) of the State Department Basic 
Authorities Act of 1956 is amended by adding at the end the following 
new subparagraph:
                    ``(C) Oversight.--To promote a cohesive and 
                integrated foreign policy regarding international 
                religious freedom, the Special Envoy shall be placed 
                under the supervision of the Ambassador at Large for 
                International Religious Freedom.''.

SEC. 106107. BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR.

    (a) In General.--Subtitle A of the ADVANCE Democracy Act of 2007 
(22 U.S.C. 8211 et seq.) is amended by adding at the end the following 
new section:

``SEC. 2114. BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR.

    ``(a) Establishment.--There should shall be established in the 
Department a Bureau of Democracy, Human Rights, and Labor (referred to 
in this section as the `Bureau'), which should shall be headed by the 
Assistant Secretary. All special envoys, ambassadors, and coordinators 
located within the Bureau shall report directly to the Assistant 
Secretary.
    ``(b) Duties.--The Bureau is authorized--
            ``(1) to promote democracy and actively support human 
        rights throughout the world in accordance with this subtitle;
            ``(2) to promote the rule of law and good governance 
        throughout the world;
            ``(3) to strengthen civil society programs and 
        organizations;
            ``(4) to produce the annual Country Reports on Human 
        Rights, in conjunction with embassies and regional bureaus;
            ``(5) to lead the implementation of section 620M of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2378d; commonly known 
        as the `Leahy Law') and the Child Soldiers Act (22 U.S.C. 2370c 
        et seq.), and to implement those provisions of the Arms Export 
        Control Act (22 U.S.C. 2751 et seq.) related to human rights 
        concerns; and
            ``(6) coordinate programs to implement the May 2011 
        Department of State International Cyberspace Policy Strategy.
    ``(c) Bilateral Economic Assistance Programs.--The Bureau is 
authorized to provide bilateral economic assistance from amounts 
appropriated or otherwise made available for the Economic Support Fund 
and other foreign assistance accounts to support activities described 
in subsection (b) and for the purpose of oversight and control of--
            ``(1) the Human Rights and Democracy Fund;
            ``(2) the Human Rights Defenders Fund;
            ``(3) the Global Equality Fund;
            ``(4) the Global Anti-Corruption Consortium; and
            ``(5) the Global Internet Freedom Fund;
    ``(d) Efficiency.--The Assistant Secretary shall take whatever 
actions may be necessary to minimize the duplication of efforts within 
the Bureau.
    ``(e) Local Oversight.--United States missions, to the extent 
practicable, should assist in exercising oversight authority and 
coordinate with the Bureau to ensure that funds are appropriately used 
and comply with anti-corruption practices.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Implementing Recommendations of the 9/11 Commission Act of 2007 
(Public Law 110-53) is amended by inserting after the item relating to 
section 2113 the following new item:

``2114. Bureau of Democracy, Human Rights, and Labor.''.

SEC. 107108. ASSISTANT SECRETARY FOR INTERNATIONAL NARCOTICS AND LAW 
              ENFORCEMENT AFFAIRS.

    Section 1(c) of the State Department Basic Authorities Act of 1956 
(22 U.S.C. 2651a(c)) is amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) Assistant secretary for international narcotics and 
        law enforcement affairs.--
                    ``(A) In general.--There should shall be in the 
                Department of State an Assistant Secretary for 
                International Narcotics and Law Enforcement Affairs who 
                should shall be responsible to the Secretary for 
                matters pertaining to international narcotics and law 
                enforcement affairs in the conduct of foreign policy 
                and such other related duties as the Secretary may from 
                time to time designate.
                    ``(B) Areas of responsibility.--The Assistant 
                Secretary for International Narcotics and Law 
                Enforcement Affairs should shall maintain continuous 
                observation of and review all matters pertaining to 
                international narcotics and law enforcement in the 
                conduct of foreign policy, including the following 
                matters:
                            ``(i) Combatting international narcotics 
                        production and trafficking, including the 
                        illicit cultivation of crops used to produce 
                        narcotics.
                            ``(ii) Strengthening foreign justice 
                        systems, including judicial and prosecutorial 
                        capacity, appeals systems, law enforcement 
                        agencies, and prison systems.
                            ``(iii) Training foreign military and 
                        police, including vetting all foreign personnel 
                        who receive such assistance from the United 
                        States Government.
                            ``(iv) Ensuring the inclusion of human 
                        rights issues in law enforcement programs, in 
                        consultation with the Assistant Secretary for 
                        Democracy, Human Rights, and Labor.
                            ``(v) Combating all forms of illicit 
                        trafficking, including human trafficking arms 
                        trafficking, and the illicit smuggling of bulk 
                        cash.
                            ``(vi) Identifying and responding to global 
                        corruption, including strengthening the 
                        capacity of foreign government institutions 
                        responsible for addressing financial crimes.''.

SEC. 108109. OFFICE OF INTERNATIONAL DISABILITY RIGHTS.

    (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 of 
        persons with disabilities in all international development 
        activities funded by the United States Government; and
            (3) promote disability inclusive practices and the training 
        of Department staff on soliciting quality programs that are 
        fully inclusive of people with disabilities.
    (c) Supervision.--The Office may be headed by--
            (1) a senior advisor to the appropriate Assistant 
        Secretary; or
            (2) an officer exercising significant authority who reports 
        to the President or Secretary, appointed by and with the advice 
        and consent of the Senate.
    (d) Conforming Amendment.--Section 579(b) of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
2005 (division D of Public Law 108-447) is amended by striking 
subsection (b).

                     TITLE II--EMBASSY CONSTRUCTION

SEC. 201. STANDARD DESIGN IN CAPITAL CONSTRUCTION.

    (a) Findings.--Congress finds that the decision by the Department's 
Bureau of Overseas Buildings Operations (``OBO'') to transition from 
Standard Embassy Design to Design Excellence has in some cases--
            (1) increased the cost of building new embassies and 
        consulates;
            (2) delayed the move of thousands of staff from facilities 
        that do not meet current security standards to new, secure 
        facilities;
            (3) exacerbated certain deficiencies in the quality of the 
        Bureau's program management; and
            (4) been a factor in reduced competition for capital 
        construction projects.
    (b) Sense of Congress.--It is the sense of Congress that the OBO 
should give appropriate consideration to Standard Embassy Design, in 
which each new embassy and consulate starts with a standard design and 
keeps customization to a minimum.
    (c) Consultation.--The Secretary shall carry out any new embassy 
compound or new consulate compound project that is in the design phase 
or pre-design phase as of the date of the enactment of this Act and 
that utilizes a non-standard design in consultation with the 
appropriate congressional committees. The Department shall provide the 
appropriate congressional committees, for each such project, the 
following documentation:
            (1) A comparison of the estimated full lifecycle costs of 
        the project to the estimated full lifecycle costs of the 
        project if it were to use a standard embassy design.
            (2) A comparison of the estimated completion date of the 
        project to the estimated completion date of the project if it 
        were to use a standard embassy design.
            (3) A comparison of the security of the completed project 
        to the security of the completed project if it were to use a 
        standard embassy design.
            (4) A justification for the Secretary's selection of a non-
        standard design over a standard design for the project.
    (d) Non-standard Design Defined.--In this section the term ``non-
standard design'' means a new embassy compound or new consulate 
compound design that does not utilize a standardized design template 
for the structural, spatial and security requirements of the compound, 
or a new embassy compound or new consulate compound project that does 
not utilize a design-build delivery method.

SEC. 202. CAPITAL CONSTRUCTION TRANSPARENCY.

    (a) In General.--Section 118 of the Department of State Authorities 
Act, Fiscal Year 2017 (22 U.S.C. 304) is amended--
            (1) in the section heading , by striking ``annual report on 
        embassy construction costs'' and inserting ``quarterly report 
        on overseas capital construction projects''; and
            (2) by striking subsections (a) and (b) and inserting the 
        following new subsections:
    ``(a) In General.--Not later than 180 days after the date of the 
enactment of this Act, and every 90 days thereafter, the Secretary 
shall submit to the appropriate congressional committees a 
comprehensive report regarding all ongoing overseas capital 
construction projects and major embassy security upgrade projects.
    ``(b) Contents.--Each report required under subsection (a) shall 
include the following with respect to each ongoing overseas capital 
construction project and major embassy security upgrade project:
            ``(1) The initial cost estimate as specified in the 
        proposed allocation of capital construction and maintenance 
        funds required by the Committees on Appropriations for Acts 
        making appropriations for the Department of State, foreign 
        operations, and related programs.
            ``(2) The current cost estimate.
            ``(3) The value of each request for equitable adjustment 
        received by the Department of State to date.
            ``(4) The value of each certified claim received by the 
        Department of State to date.
            ``(5) The value of any usage of the project's contingency 
        fund to date and the value of the remainder of the project's 
        contingency fund.
            ``(6) An enumerated list of each request for adjustment and 
        certified claim that remains outstanding or unresolved.
            ``(7) An enumerated list of each request for equitable 
        adjustment and certified claim that has been fully adjudicated 
        or that the Department has settled, and the final dollar amount 
        of each adjudication or settlement.
            ``(8) The date of estimated completion specified in the 
        proposed allocation of capital construction and maintenance 
        funds required by the Committees on Appropriations not later 
        than 45 days after that date of the enactment of an Act making 
        appropriations for the Department of State, foreign operations, 
        and related programs.
            ``(9) The current date of estimated completion.''.

SEC. 203. CONTRACTOR PERFORMANCE INFORMATION.

    (a) Deadline for Completion.--The Secretary shall complete all 
contractor performance evaluations required by subpart 42.15 of the 
Federal Acquisition Regulation by October 1, 2020.
    (b) Prioritization System.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary shall develop a 
        prioritization system for clearing the current backlog of 
        required evaluations.
            (2) Elements.--The system required under paragraph (1) 
        should prioritize the evaluations as follows:
                    (A) Project completion evaluations should be 
                prioritized over annual evaluations.
                    (B) Evaluations for relatively large contracts 
                should have priority.
                    (C) Evaluations that would be particularly 
                informative for the awarding of government contracts 
                should have priority.
    (c) Briefing.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary shall brief the appropriate 
congressional committees on the Department's plan for completing all 
evaluations by October 1, 2020, and the prioritization system developed 
pursuant to this section.
    (d) Sense of Congress.--It is the sense of Congress that--
            (1) contractors deciding whether to bid on Department 
        contracts would benefit from greater understanding of the 
        Department as a client; and
            (2) the Department should develop a forum where contractors 
        can rate the Department's project management performance.

SEC. 204. GROWTH PROJECTIONS FOR NEW EMBASSIES AND CONSULATES.

    (a) In General.--For each new embassy compound (NEC) and new 
consulate compound project (NCC) in or not yet in the design phase as 
of the date of the enactment of this Act, the Office of Management 
Policy, Rightsizing, and Innovation shall project growth over the 
estimated life of the facility using all available and relevant data, 
including--
            (1) relevant historical trends for Department personnel and 
        personnel from other agencies represented at post;
            (2) an analysis of the tradeoffs between risk and the needs 
        of United States Government policy conducted as part of the 
        most recent Vital Presence Validation Process, if applicable; 
        and
        <DELETED>    (3) reasonable assumptions about the strategic 
        importance of the post over the life of the building.</DELETED>
            (3) reasonable assumptions about the strategic importance 
        of the post over the life of the building; and
            (4) any other data that would be helpful in projecting the 
        future growth of the post.
    (b) Other Agencies.--Other agencies represented at the post shall 
provide to the Department, upon request, growth projections for their 
own personnel over the estimated life of the facility.
    (c) Basis for Estimates.--The Department shall base its growth 
assumption for all NECs and NCCs on the estimates required under 
subsections (a) and (b).
<DELETED>    (d) Zero Net Growth Requirement.--The growth assumed for 
NECs and NCCs pursuant to subsection (c) should be offset by staff 
reductions at other posts such that there is zero net growth over the 
period covered by the Long-Range Overseas Building Plan required under 
section 206.</DELETED>
    (d) Congressional Notification.--Any congressional notification of 
site selection for a NEC or NCC submitted after the date of enactment 
of this Act shall include the growth assumption used pursuant to 
subsection (c).

SEC. 205. CONSOLIDATION OF SMALL DIPLOMATIC POSTS.

    (a) New Embassies and Consulates.--Prior to initiating the site 
selection process for any new embassy or consulate for a diplomatic 
post that has employed 10 or fewer United States Government employees 
on average over the 3 years prior to the date of the enactment of this 
Act, the Secretary shall conduct an analysis of alternatives, including 
consolidating such post with other nearby diplomatic posts.
    (b) Notification.--Not later than 30 days after conducting an 
analysis of alternatives pursuant to subsection (a), the Secretary 
shall notify the appropriate congressional committees of the results of 
the analysis.
    (c) Existing Small Diplomatic Posts.--Not later than 305 days after 
the date of the enactment of this Act, the Department shall complete a 
cost-benefit analysis for maintaining any consulate that has employed 
five or fewer United States Government employees on average over the 
three years prior to the date of the enactment of this Act. Each 
analysis shall include, at minimum--
            (1) the full cost of maintaining the consulate;
            (2) any policy value or value that other United States 
        Government tenants derive from having a presence at such 
        location;
            (3) the value of having a consular presence in such 
        location, including for the provision of United States citizen 
        services;
            (4) input from the consulate on any unique operational or 
        policy value it provides; and
            (5) alternative locations for consular and United States 
        citizen services.
    (d) Report.--Not later than one year after the date of the 
enactment of this Act, the Department shall brief or report to Congress 
on the results of the analyses required under this section.

SEC. 206. LONG-RANGE PLANNING PROCESS.

    (a) Plans Required.--
            (1) In general.--The Department shall annually develop--
                    (A) a comprehensive 6-year plan documenting the 
                Department's overseas building program for the 
                replacement of the least secure embassies and 
                consulates around the world, known as a Long-Range 
                Overseas Buildings Plan (LROBP); and
                    (B) a comprehensive 6-year plan detailing the 
                Department's long-term planning for the maintenance and 
                sustainment of completed facilities, known as a Long-
                Range Overseas Maintenance Plan (LROMP).
            (2) Updated information.--The annual updates of the plans 
        developed pursuant to paragraph (1) shall highlight any changes 
        from the previous year's plan to the ordering of construction 
        and maintenance projects.
    (b) Reporting Requirements.--
            (1) Submission of plans to congress.--Not later than 60 
        days after the completion of the LROBP and the LROMP, the 
        Department shall submit the plans to the appropriate 
        congressional committees.
            (2) Reference in budget justification materials.--In the 
        budget justification materials submitted to the appropriate 
        congressional committees in support of the Department's budget 
        for any fiscal year (as submitted with the budget of the 
        President under section 1105(a) of title 31), the plans 
        outlined in the LROBP and LROMP shall be referenced to justify 
        funding requested for building and maintenance projects 
        overseas.
            (3) Form of report.--The report required under paragraph 
        (1) shall be submitted in unclassified form but may include a 
        classified index.

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.
            (2) OBO has a Standard Operation Procedure, dated March 7, 
        2005, on conducting risk assessment studies in the 
        International Project Risk Assessment (IPRA) method on all 
        international construction projects.
    (b) Notification Requirements.--
            (1) Submission to authorizing committees.--The proposed 
        allocation of capital construction and maintenance funds that 
        is required by the Committees on Appropriations not later than 
        45 days after the date of the enactment of an Act making 
        appropriations for the Department of State, foreign operations, 
        and related programs shall also be submitted to the Committee 
        on Foreign Relations of the Senate and the Committee on Foreign 
        Affairs of the House of Representatives.
            (2) Requirement to confirm completion of value engineering 
        and risk assessment studies.--The notifications required under 
        paragraph (1) shall include confirmation that the Department 
        has completed the requisite VE and risk assessment studies 
        described in subsection (a).
    (c) Reporting and Briefing Requirements.--The Department shall 
provide to the appropriate congressional committees upon request--
            (1) a description of each recommendation from each study 
        described in subsection (a) and a table detailing which 
        recommendations were accepted and which were rejected; and
            (2) a report or briefing detailing the rationale for not 
        implementing recommendations made by VE studies that may yield 
        significant cost savings to the Department, if implemented.

SEC. 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. COMPTROLLER GENERAL REPORT ON PROJECT MANAGEMENT SKILLS.

    Not later than 270 days after the date of the enactment of this 
Act, the Comptroller General of the United States shall submit to the 
appropriate congressional committees a report on the Department's 
development of construction engineers and program management practices, 
including--
            (1) an evaluation of the Department's efforts to--
                    (A) recruit qualified construction engineers;
                    (B) improve the skills of its construction 
                engineers, especially in the area of project 
                management; and
                    (C) rate the performance of its construction 
                engineers, especially during their assignments as 
                project directors of new embassy compounds or new 
                consulate compounds;
            (2) an evaluation of the Department's implementation of the 
        Program Management Improvement Accountability Act of 2016; and
            (3) recommendations stemming from the evaluations conducted 
        pursuant to paragraphs (1) and (2).

SEC. 210. EMBASSY SECURITY REQUESTS AND DEFICIENCIES.

    The Secretary shall provide to the appropriate congressional 
committees upon request information on security deficiencies at United 
States diplomatic posts, including--
            (1) requests made over the previous year by United States 
        diplomatic posts abroad for security upgrades; and
            (2) significant security deficiencies at United States 
        diplomatic posts abroad that are not operating out of a new 
        embassy compound or new consulate compound.

                      TITLE III--PERSONNEL ISSUES

SEC. 301. SPECIAL APPOINTMENTS.

    (a) Report on Positions.--Not later than 30 days after the date of 
the enactment of this Act, the Secretary shall submit to the 
appropriate congressional committees a report including--
            (1) recommendations regarding whether to maintain in the 
        Department each currently existing Special Envoy, Special 
        Representative, Special Coordinator, Special Negotiator, Envoy, 
        Representative, Coordinator, or Special Advisor, including 
        those listed in the report submitted by the Department to the 
        Committee on Foreign Relations of the Senate on April 14, 2017, 
        pursuant to section 418 of the Department of State Authorities 
        Act, Fiscal Year 2017 (Public Law 114-323), that is not 
        expressly authorized by a provision of law enacted by Congress; 
        and
            (2) the justification supporting each of the Secretary's 
        recommendations made under paragraph (1).
    (b) Advice and Consent.--Not later than 90 days after the report 
required by subsection (a) is submitted to the appropriate 
congressional committees, the Secretary shall present any Special 
Envoy, Special Representative, Special Coordinator, Special Negotiator, 
Envoy, Representative, Coordinator, or Special Advisor that is to be 
maintained by the Department and that is not expressly authorized by a 
provision of law enacted by Congress to the Committee on Foreign 
Relations for the advice and consent of the Senate.
    (c) Rule of Construction Regarding Establishment of Positions.--
Nothing in this section shall be construed as prohibiting the Secretary 
from establishing or maintaining any Special Envoy, Special 
Representative, Special Coordinator, Special Negotiator, Envoy, 
Representative, Coordinator, or Special Advisor position so long as the 
appointee is established for a specified term and presented to the 
Committee on Foreign Relations for the advice and consent of the Senate 
within 90 days of appointment.
    (d) Limited Exception for the Temporary Appointment.--The Secretary 
may maintain or establish a position with the title Special Envoy, 
Special Representative, Special Coordinator, Special Negotiator, or 
Special Advisor for a limited period not longer than 180 days without 
seeking the advice and consent of the Senate if the Secretary notifies 
the Committee on Foreign Relations of the Senate at least 15 days prior 
to appointment, including--
            (1) a certification that the position is not expected to 
        demand the exercise of significant authority pursuant to the 
        laws of the United States;
            (2) a description of the duties and purpose of the 
        appointment; and
            (3) the rationale for assigning the specific title.
    (e) Renewal of Temporary Appointment.--Nothing in this section 
shall be construed as prohibiting the Secretary from renewing any 
position established under subsection (d) so long as the Secretary 
complies with the notification requirements contained therein.
    (f) Funding Restrictions.--
            (1) Positions not presented for advice and consent.--
        Beginning not later than 120 days after the date of the 
        enactment of this Act, no funds may be obligated or expended 
        for--
                    (A) any Special Envoy, Special Representative, 
                Special Coordinator, Special Negotiator, Envoy, 
                Representative, Coordinator, or Special Advisor 
                position at the Department exercising significant 
                authority pursuant to the laws of the United States 
                that is not being served by an individual who has been 
                presented to the Committee on Foreign Relations for the 
                advice and consent of the Senate pursuant to subsection 
                (b); or
                    (B) any staff or resources related to such a 
                position until such time as the appointed individual 
                has been presented to the Committee on Foreign 
                Relations for the advice and consent of the Senate.
            (2) Temporary positions.--No funds may be obligated or 
        expended for any position described in subsection (d) or for 
        any staff or resources related to such position unless the 
        Secretary has complied with the notification provisions 
        contained therein.
    (g) Confirmation for Authorized Positions.--No Special Envoy, 
Special Representative, Special Coordinator, Special Negotiator, Envoy, 
Representative, Coordinator, or Special Advisor authorized by a 
provision of law enacted by Congress (except the position authorized by 
section 621 of the Tibetan Policy Act of 2002 (subtitle B of title VI 
of Public Law 107-228; 22 U.S.C. 6901 note)) shall be appointed absent 
the advice and consent of the Senate.
    (h) Elimination of Special Representative and Policy Coordinator 
for Burma.--Section 7 of the Tom Lantos Block Burmese Jade Act of 2008 
(Public Law 110-286; 50 U.S.C. 1701 note) is hereby repealed.

SEC. 302. DEFENSE BASE ACT INSURANCE WAIVERS.

    (a) Application for Waivers.--Not later than 30 days after the date 
of the enactment of this Act, the Secretary shall apply to the 
Department of Labor for a waiver from insurance requirements under the 
Defense Base Act (42 U.S.C. 1651 et seq.) for all countries where the 
requirement was waived prior to January 2017, and for which there is 
not currently a waiver.
    (b) Certification Requirement.--Not later than 45 days after the 
date of the enactment of this Act, the Secretary shall certify to the 
appropriate congressional committees that the requirement in subsection 
(a) has been met.

SEC. 303. ALLOWANCES.

    (a) Statement of Policy.--It is the policy of the United States 
that--
            (1) pay differentials for staffing overseas posts should 
        reflect the various factors affecting the desirability of such 
        posts, including the preference of employees bidding and the 
        dangers or overall hardships of serving in a particular 
        location, as perceived by the actual employees eligible to bid 
        for positions in such locations; and
            (2) the Secretary should periodically analyze fluctuations 
        in such bidding patterns to ensure that pay differentials 
        reflect--
                    (A) the changing conditions in each post; and
                    (B) the impact of staffing incentives through pay 
                differentials offered during the previous year.
    (b) Staffing Incentive.--
            (1) In general.--Chapter 59 of title 5, United States Code, 
        is amended--
                    (A) by striking sections 5925 and 5928; and
                    (B) by inserting after section 5924 the following 
                new section:
``Sec. 5925. Staffing incentive
    ``(a) Authorization.--A staffing incentive, not to exceed 70 
percent of the basic pay of the employee, may be granted to an employee 
serving at an overseas post based on the recruitment and retention 
needs for filling positions at that post if such incentive--
            ``(1) compensates the employee for conditions of 
        environment that are substantially and unfavorably different 
        than conditions of environment in the continental United 
        States;
            ``(2) compensates the employee for exposure to conditions 
        of civil insurrection, civil war, terrorism, or wartime 
        conditions that threaten physical harm or imminent danger to 
        the health or well-being of the employee; or
            ``(3) motivates the employee to serve at a post that is in 
        low demand despite compensation for hardship and danger 
        conditions.
    ``(b) Extended Detail in a Foreign Area.--A staffing incentive may 
be granted to an employee who is officially stationed in the United 
States and is on extended detail in a foreign area for as long as the 
employee continues to serve on such extended detail.
    ``(c) Notification Requirement.--The Secretary of State shall 
notify the appropriate congressional committees of--
            ``(1) the implementation of each staffing incentive 
        authorized under this section that applies to employees of the 
        Department of State stationed at an overseas post; and
            ``(2) each instance in which implementation of a staffing 
        incentive under this section for an overseas post results in an 
        increase of 5 percent or more or a decrease of 5 percent or 
        more from the staffing incentive offered for service at that 
        post during the previous year.
    ``(d) Hardship Index; Danger Level.--The Secretary of State shall--
            ``(1) annually publish a hardship index for each diplomatic 
        post that is based on conditions of environment at that post 
        that differ substantially from conditions of environment in the 
        continental United States; and
            ``(2) semiannually rate the danger level of each post based 
        on the Security Environment Threat List.
    ``(e) Number of Bids.--The Secretary of State shall--
            ``(1) track the number of bids made and how they are ranked 
        for each open position at each overseas post within the 
        Department of State and collect both quantitative and 
        qualitative survey data from eligible bidders on their bid 
        decision-making;
            ``(2) collect data from the other foreign service agencies 
        subject to this section on the factors that incentivize their 
        employees to serve at each overseas post;
            ``(3) use the information described in paragraphs (1) and 
        (2) to set appropriate staffing incentives at such overseas 
        posts; and
            ``(4) make the information described in paragraphs (1) and 
        (2) available, upon request, to the appropriate congressional 
        committees.
    ``(f) Appropriate Congressional Committees Defined.--in this 
section, the term `appropriate congressional committees' means--
            ``(1) the Committee on Foreign Relations of the Senate; and
            ``(2) the Committee on Foreign Affairs of the House of 
        Representatives.''.
            (2) Clerical amendment.--The analysis for chapter 59 of 
        title 5, United States Code, is amended--
                    (A) by striking the items relating to sections 5925 
                and 5928; and
                    (B) by inserting after the item relating to section 
                5924 the following new item:

``5925. Staffing incentive.''.
    (c) Implementation.--Not later than 270 days after the date of the 
enactment of this Act, the head of each Federal agency subject to the 
amendment made by subsection (b) shall submit a plan to the Speaker of 
the House of Representatives and the Majority Leader of the Senate that 
describes how the agency intends--
            (1) to comply with the policy set forth in subsection (a); 
        and
            (2) to implement the staffing incentives set forth in 
        section 5925 of title 5, United States Code, as added by 
        subsection (b).

SEC. 304. SCIENCE AND TECHNOLOGY FELLOWSHIPS.

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

SEC. 305. TRAVEL FOR SEPARATED FAMILIES.

    Section 901(15) of the Foreign Service Act of 1980 (22 U.S.C. 
4081(15)) is amended--
            (1) 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 semicolon;
            (3) in subparagraph (B)--
                    (A) by inserting ``for each child'' before ``to 
                visit the other parent''; and
                    (B) by striking ``resides,'' and inserting 
                ``resides; or'';
            (4) by inserting after subparagraph (B) the following new 
        subparagraph:
                    ``(C) for one of the child's parents to visit the 
                child or children abroad if the child or children do 
                not regularly reside with that parent and that parent 
                is not receiving an education allowance or educational 
                travel allowance for the child or children under 
                section 5924(4) of title 5,''; and
            (5) by striking ``a payment'' and inserting ``the cost of a 
        round-trip''.

SEC. 306. HOME LEAVE TRAVEL FOR SEPARATED FAMILIES.

    Section 903(b) of the Foreign Service Act of 1980 (22 U.S.C. 
4083(b)) is amended by adding at the end the following: ``In cases 
where the member's family members reside apart from the member at 
authorized locations outside the United States because they are 
prevented by official order from residing at the member's post of 
assignment, the member may take the leave ordered under this section 
where that member's family members reside.''.

SEC. 307. SENSE OF CONGRESS REGARDING CERTAIN FELLOWSHIP PROGRAMS.

    It is the Sense of Congress that--
            (1) the Charles B. Rangel International Affairs Graduate 
        Fellowship Program, the Thomas R. Pickering Foreign Affairs 
        Fellowship Program, and the Donald M. Payne International 
        Development Fellowship Program represent smart investments 
        vital for building a strong, capable, and representative 
        national security workforce; and
            (2) the Secretary of State and the Administrator of the 
        United States Agency for International Development should 
        fulfill their obligations to each of the Fellows as defined in 
        their original contractual agreement with each Fellow.

                          TITLE IV--DIVERSITY

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) Diversity.--The term ``diversity'' means--
                    (A) those classes of persons protected under the 
                Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.) and 
                the Americans with Disabilities Act of 1990 (42 U.S.C. 
                12101 et seq.); and
                    (B) veterans (as defined in section 3.1(d) of title 
                38, Code of Federal Regulations).
            (3) Foreign service.--The term ``Foreign Service'' has the 
        meaning given that term in section 102 of the Foreign Service 
        Act of 1980 (22 U.S.C. 3902).
            (4) Member of the foreign service.--The term ``member of 
        the Foreign Service'' means an individual listed in section 103 
        of the Foreign Service Act of 1980 (22 U.S.C. 3903).
            (5) Workforce.--The term ``workforce'' means all 
        individuals serving in a position--
                    (A) in the civil service (as defined in section 
                2101 of title 5, United States Code); or
                    (B) as a member of the Foreign Service.

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

    (a) Initial Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall provide a report to the 
public that includes aggregate demographic data and other information 
regarding the diversity of the workforce of the Department.
    (b) Data.--The report under subsection (a)--
            (1) shall include aggregate demographic data--
                    (A) by segment of the workforce of the Department 
                and grade or rank;
                    (B) by foreign service code and civil service job 
                code;
                    (C) relating to attrition and promotion rates;
                    (D) that addresses Department compliance with 
                validated inclusion metrics;
                    (E) that provides demographic comparisons to the 
                relevant civilian labor force;
                    (F) on the diversity of selection boards;
                    (G) on the employment of minority and service-
                disabled veterans during the most recent 10-year 
                period, including--
                            (i) the number hired through direct hires, 
                        internships, and fellowship programs;
                            (ii) the number promoted to senior 
                        positions, including positions at class 1 of 
                        the Foreign Service Schedule, at level 15 of 
                        the General Schedule, in the Senior Executive 
                        Service, or in the Senior Foreign Service; and
                            (iii) attrition rates by grade, in the 
                        civil service and foreign service, and in the 
                        senior positions described in clause (ii); and
                    (H) on mentorship and retention programs;
            (2) shall include an analysis of applicant flow data, 
        including the percentage, actual numbers, and level of 
        positions for which data are collected, and a discussion of any 
        resulting policy changes or recommendations;
            (3) shall include 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;
            (4) shall include any demographic data relating to the 
        membership of any external advisory committee or board to which 
        individuals in senior positions in the Department appoint 
        members;
            (5) shall be organized in terms of real numbers and 
        percentages at all levels; and
            (6) shall be made available in a searchable database 
        format.
    (c) Recommendation.--The Secretary may submit a recommendation to 
the Office of Management and Budget and to the appropriate 
congressional committees regarding whether the Department should 
collect more detailed data on demographic categories in addition to the 
race and ethnicity categories specified in the Office of Management and 
Budget statistical policy directive entitled ``Standards for 
Maintaining, Collecting, and Presenting Federal Data on Race and 
Ethnicity'' (81 Fed. Reg. 67398).
    (d) Other Contents.--The report under subsection (a) shall describe 
the efforts of the Department--
            (1) to propagate fairness, impartiality, and inclusion in 
        the work environment domestically and abroad;
            (2) to ensure that harassment, intolerance, and 
        discrimination are not tolerated;
            (3) to refrain from engaging in unlawful discrimination in 
        any phase of the employment process, including recruitment, 
        hiring, evaluation, assignments, promotion, retention, and 
        training;
            (4) to prevent illegal retaliation against employees for 
        participating in a protected equal employment opportunity 
        activity;
            (5) to provide reasonable accommodation for qualified 
        employees and applicants with disabilities;
            (6) to resolve workplace conflicts, confrontations, and 
        complaints in a prompt, impartial, constructive, and timely 
        manner;
            (7) to recruit a diverse workforce by--
                    (A) recruiting women, minorities, veterans, and 
                undergraduate and graduate students;
                    (B) recruiting at historically Black colleges and 
                universities, Hispanic serving institutions, women's 
                colleges, and colleges that typically serve majority 
                minority populations;
                    (C) sponsoring and recruiting at job fairs in urban 
                communities;
                    (D) placing job advertisements in newspapers, 
                magazines, and job sites oriented toward women and 
                people of color;
                    (E) providing opportunities through the Foreign 
                Service Internship Program and other hiring 
                initiatives; and
                    (F) recruiting mid-level and senior-level 
                professionals through programs designed to increase 
                minority representation in international affairs; and
            (8) provide opportunities through--
                    (A) the Charles B. Rangel International Affairs 
                Fellowship Program;
                    (B) the Thomas R. Pickering Foreign Affairs 
                Fellowship Program; and
                    (C) the Donald M. Payne International Development 
                Fellowship Program.
    (e) Annual Updates.--Not later than one year after the publication 
of the report under subsection (a), and annually thereafter, the 
Secretary shall provide a report to the public, which may be included 
in another annual report required under another provision of law, that 
includes, in a searchable database format--
            (1) demographic data and information on the status of 
        diversity and inclusion efforts of the Department;
            (2) an analysis of applicant flow data; and
            (3) 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 OR SURVEYS.

    (a) Retained Members.--The Director General of the Foreign Service 
should conduct periodic interviews or surveys with a representative and 
diverse cross-section of the workforce of the Department--
            (1) to understand the reasons of the members for remaining 
        in a position in the Department; and
            (2) to receive feedback on workplace policies, professional 
        development opportunities, and other issues affecting the 
        decision of the members to remain in the Department.
    (b) Departing Members.--The Director General of the Foreign Service 
shall provide an opportunity for an exit interview or survey to each 
member of the workforce of the Department who separates from service 
with the Department to better understand the member's reasons for 
leaving such service.
    (c) Use of Analysis From Interviews and Surveys.--The Director 
General of the Foreign Service shall analyze information obtained 
through interviews and surveys under subsections (a) and (b) to 
determine--
            (1) if and how the diversity of those participating in such 
        interviews and surveys impacts the results; and
            (2) whether to implement any policy changes or make any 
        recommendations as part of the report required under section 
        402.
    (d) Tracking Data.--The Department shall--
            (1) track demographic data relating to participants in 
        professional development programs and the rate of placement 
        into senior positions for participants in such programs;
            (2) annually evaluate such data--
                    (A) to identify ways to improve outreach and 
                recruitment for such programs, consistent with merit 
                system principles; and
                    (B) to understand how participation in any program 
                offered or sponsored by the Department under paragraph 
                (1) differs among the diversity groups of the 
                workforce; and
            (3) actively encourage participation from a range of 
        demographic categories, especially from categories with 
        consistently low participation.

SEC. 404. RECRUITMENT.

    (a) In General.--The Secretary should--
            (1) continue to seek a diverse and talented pool of 
        applicants; and
            (2) instruct the Director of Human Resources to have a 
        diversity recruitment goal, which should include outreach at 
        appropriate colleges, universities, diversity organizations, 
        and professional associations.
    (b) Scope.--The diversity recruitment initiatives described in 
subsection (a) should include--
            (1) recruiting at historically Black colleges and 
        universities, Hispanic-serving institutions, women's colleges, 
        and colleges that typically serve majority minority 
        populations;
            (2) sponsoring and recruiting at job fairs in urban 
        communities;
            (3) placing job advertisements in newspapers, magazines, 
        and job sites oriented toward diverse groups;
            (4) providing opportunities through highly respected, 
        international leadership programs, that focus on diversity 
        recruitment and retention; and
            (5) cultivating partnerships with organizations dedicated 
        to the advancement of the profession of international affairs 
        and national security to advance shared diversity goals.

SEC. 405. 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 who represent diverse 
ethnic and socioeconomic backgrounds with an interest in pursuing a 
Foreign Service career.
    (b) Review of Past Programs.--The Secretary shall review past 
programs designed to increase minority representation in international 
affairs positions.

SEC. 406. 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) 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.
            (2) Violation.--The term ``violation'' means any knowing, 
        willful, or negligent action--
                    (A) that could reasonably be expected to result in 
                an unauthorized disclosure of classified information;
                    (B) to classify or continue the classification of 
                information contrary to the requirements of an active 
                Executive order or its implementing directives; or
                    (C) to create or continue a special access program 
                contrary to the requirements of an active Executive 
                order.

SEC. 502. INFORMATION TECHNOLOGY SYSTEM SECURITY.

    (a) Definitions.--In this section:
            (1) Incident.--The term ``incident'' has the meaning given 
        the term in section 3552(b) of title 44, United States Code.
            (2) Information system.--The term ``information system'' 
        has the meaning given the term in section 3502 of title 44, 
        United States Code.
            (3) Penetration test.--The term ``penetration test'' means 
        a test methodology in which assessors attempt to circumvent or 
        defeat the security features of an information system.
    (b) Consultations Process.--Not later than 60 days after the date 
of the enactment of this Act, the Secretary shall establish a process 
for conducting semiannual consultations with the Secretary of Defense, 
the Director of National Intelligence, the Secretary of Homeland 
Security, and any other department or agency representative that the 
Secretary determines to be appropriate regarding the security of United 
States Government and nongovernmental information systems used or 
operated by the Department, a contractor of the Department, or another 
organization on behalf of the Department, including any such systems or 
networks facilitating the use of sensitive or classified information.
    (c) Independent Penetration Testing of Information Systems.--In 
coordination with the consultations under subsection (b), the Secretary 
shall commission independent, semiannual penetration tests, which shall 
be carried out by an appropriate Federal agency other than the 
Department, such as the Department of Homeland Security or the National 
Security Agency, to ensure that adequate policies and protections are 
implemented to detect and prevent penetrations or compromises of such 
information systems, including malicious intrusions by any unauthorized 
individual, state actor, or other entity.
    (d) Waiver.--The Secretary may waive the requirement under 
subsection (c) for up to 180 days if the Secretary--
            (1) determines that such requirement would have adverse 
        effects on national security or the diplomatic mission of the 
        Department; and
            (2) not later than 30 days after the commencement of such a 
        waiver, submits a written justification to the relevant 
        congressional committees that describes how such penetration 
        tests would undermine national security or the diplomatic 
        mission of the Department.
    (e) Incident Reporting.--Not later than 180 days after the date of 
the enactment of this Act, and every 180 days thereafter for five 
years, the Secretary, in consultation with the Secretary of Defense, 
the Director of the National Intelligence, the Secretary of Homeland 
Security, and any other department or agency representative that the 
Secretary determines to be appropriate, shall securely submit a 
classified report to the relevant congressional committees that 
describes in detail--
            (1) for the first reporting period, all known and suspected 
        incidents of the information systems specified in subsection 
        (b) that occurred during the 180-day period immediately 
        preceding the date of the enactment of this Act; and
            (2) for all subsequent reporting periods, all known and 
        suspected incidents of the information systems specified in 
        subsection (b) that occurred since the submission of the most 
        recent report.
    (f) Contents.--Each report under subsection (e) shall include, for 
the relevant reporting period--
            (1) a description of the relevant information system, as 
        specified in subsection (b), that experienced a known or 
        suspected incident;
            (2) an assessment of the date and time each such incident 
        occurred;
            (3) an assessment of the duration over which each such 
        incident took place, including whether it is ongoing;
            (4) an assessment of the volume and sensitivity of 
        information accessed, compromised, or potentially compromised 
        by each incident, including any such information contained on 
        information systems owned, operated, managed, or utilized by 
        any other Federal department or agency;
            (5) an assessment of whether such information system was 
        compromised by a malicious intrusion, including an assessment 
        of--
                    (A) the known or suspected perpetrators, including 
                state actors;
                    (B) the methods used to carry out the incident; and
                    (C) the known or suspected intent of the actors in 
                accessing the information system; and
            (6) a description of the actions the Department has taken 
        or plans to take, including timelines and descriptions of any 
        progress on plans described in prior reports, to prevent 
        future, similar incidents of such information systems.
    (g) Inspector General Oversight.--The Secretary shall--
            (1) notify the Inspector General for the Department of 
        State and the Broadcasting Board of Governors about all planned 
        penetration tests required under subsection (c); and
            (2) provide the Inspector General for the Department of 
        State and the Broadcasting Board of Governors with any reports, 
        conclusions, or analyses that are a result of such testing.

SEC. 503. IMPROVING FOIA PROCESS.

    (a) Reform Plan.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary shall submit a plan to the 
relevant congressional committees that describes how the reforms 
described in subsection (b) will be completed within one year after the 
date of the enactment of this Act.
    (b) Reforms.--The Secretary, in consultation with the Director of 
National Intelligence, shall develop and implement a cost-effective 
plan for training and maintaining an appropriate number of officials of 
the Department in--
            (1) the identification of marked or unmarked classified 
        information in documents or media subject to requests under 
        section 552 of title 5, United States Code (commonly referred 
        to as the ``Freedom of Information Act''), including 
        information originating with the intelligence community; and
            (2) appropriate procedures for coordinating with 
        intelligence officials to ensure that such officials have an 
        opportunity to make a classification determination regarding 
        the classification status and level, if any, of any information 
        potentially originating with the intelligence community.
    (c) Accountability.--Not later than 14 months after the date of the 
enactment of this Act, the Inspector General of the Intelligence 
Community, in consultation with the Inspector General of the Department 
of State and the Broadcasting Board of Governors, shall--
            (1) review the Department's implementation of the plan 
        required under subsection (a); and
            (2) submit a report to the relevant congressional 
        committees that assesses the extent to which the Department has 
        implemented the reforms required under subsection (b).

SEC. 504. ANNUAL REPORT ON SECURITY VIOLATIONS.

    (a) Annual Report.--Not later than 90 days after the date of the 
enactment of this Act, and annually thereafter for five years, the 
Secretary shall submit a report to the relevant congressional 
committees that includes information on the security violations that 
occurred during the most recently completed fiscal year, including the 
unauthorized transfer of marked or unmarked classified information into 
documents, electronic media or systems, electronic transmissions, or 
other records or storage not certified for the handling, storage, or 
transmittal of such information.
    (b) Elements.--The reporting of security violations submitted under 
subsection (a) shall include--
            (1) the total number of security violations that occurred 
        during the current reporting period, including the number of 
        violations that occurred within each office or bureau of the 
        Department;
            (2) the number of violations where there was an indication 
        that classified information was compromised or potentially 
        compromised;
            (3) the number of violations committed by an employee with 
        a history of one or more prior violations; and
            (4) the number and nature of actions taken by the 
        Department in response to security violations, including--
                    (A) disciplinary actions taken or criminal 
                referrals; and
                    (B) the administration of remedial training in 
                response to any violation or violations.

SEC. 505. CLASSIFIED INFORMATION SPILLAGE.

    (a) Detection of Classified Information Spillage.--Not later than 
90 days after the date of the enactment of this Act, the Secretary 
shall submit a plan to the relevant congressional committees that 
describes how the reforms described in subsection (b) will be completed 
within one year after the date of the enactment of this Act.
    (b) Training Program.--The Secretary, in consultation with the 
Director of National Intelligence, shall develop a training program for 
appropriate officials of the Bureau of Diplomatic Security in the best 
practices for detecting and recognizing classified information 
spillage, including information originating from the Intelligence 
Community.
    (c) Randomized Sampling To Detect Spillage.--The officials 
receiving the training described in subsection (b) shall, not less 
frequently than quarterly--
            (1) collect statistically valid random samples of 
        electronic mail sent by or received from employees of the 
        Department who hold a security clearance granting such 
        employees authorized access to information classified at the 
        level of Secret or above; and
            (2) use such samples, in a manner provided for in the 
        training described in subsection (b), to detect classified 
        information spillage as part of the Department's program for 
        safeguarding classified information.
    (d) Accountability.--Not later than 90 days after the 
implementation of the training program described in subsection (b), the 
Inspector General for the Department of State and the Broadcasting 
Board of Governors, in consultation with the Inspector General for the 
Intelligence Community, shall--
            (1) conduct an audit of the program and activities carried 
        out under this section; and
            (2) submit a report containing the results of the audit 
        conducted under paragraph (1) to the relevant congressional 
        committees.

SEC. 506. EMERGENCY REFRESHER TRAINING ON THE HANDLING OF CLASSIFIED 
              INFORMATION.

    (a) Emergency Refresher Training.--Except as provided in subsection 
(d), not later than 180 days after the date of the enactment of this 
Act, the Secretary shall submit a written certification to the relevant 
congressional committees that all Department personnel who possess a 
security clearance have completed special emergency refresher training, 
developed by the Secretary, in consultation with the Director of 
National Intelligence, in the rules and procedures governing the 
appropriate identification and handling of classified information, 
including information originating from the Intelligence Community.
    (b) Certification by Personnel Undergoing Training.--Each employee 
of the Department who undergoes the training required under subsection 
(a) shall certify in writing that the employee--
            (1) has received such training;
            (2) has read and understands the rules and procedures for 
        identifying and handling classified information, including 
        information originating from the Intelligence Community;
            (3) understands the grave responsibilities accompanying the 
        privilege of access to classified information; and
            (4) commits to following such rules and procedures, under 
        penalty of all applicable laws, regulations, and policies of 
        the Department.
    (c) Prioritization.--In administering the emergency refresher 
training required under subsection (a), the Secretary shall prioritize 
the retraining of employees in the following order:
            (1) Employees who possess a security clearance at the Top 
        Secret/Sensitive Compartmented Information level.
            (2) Employees who possess a security clearance at the Top 
        Secret level.
            (3) Employees who possess a security clearance at the 
        Secret level.
            (4) Employees who possess a security clearance at the 
        Confidential Information level.
    (d) Delay in Training.--
            (1) In general.--The Secretary may delay the provision of 
        emergency refresher training required under subsection (a), for 
        up to 30 days, for any specific official or employee of the 
        Department or any group of officials or employees, up to the 
        level of an individual office, if the Secretary considers such 
        delay to be critical to the foreign policy interests of the 
        United States.
            (2) Notice to congress.--Not later than 30 days after 
        authorizing a delay under paragraph (1) the Secretary shall 
        submit a written notice of such delay, including a 
        justification for the delay, to the relevant congressional 
        committees.

SEC. 507. PROHIBITION ON CONTRACTING WITH CERTAIN TELECOMMUNICATIONS 
              PROVIDERS.

    (a) List of Covered Contractors.--Not later than 30 days after the 
date of the enactment of this Act, the Secretary, in consultation with 
the Director of National Intelligence, shall develop a list of covered 
contractors to be updated as frequently as the Secretary determines 
appropriate.
    (b) Prohibition on Contracts.--The Secretary may not enter into a 
contract with a covered contractor on the list described under 
subsection (a).
    (c) Removal From List.--To be removed from the list described in 
subsection (a), a covered contractor may submit a request to the 
Secretary in such manner as the Secretary determines appropriate. The 
Secretary, in consultation with the Director of National Intelligence, 
shall determine a process for removing covered contractors from the 
list as appropriate.
    (d) Waivers.--
            (1) In general.--The President, or the Assistant to the 
        President for National Security Affairs, may waive the 
        requirements under subsection (b) if the President, or the 
        Assistant to the President, determines that such waiver is 
        justified for national security reasons.
            (2) Secretary of state.--The Secretary may waive the 
        requirements under subsection (b) for United States diplomatic 
        posts or diplomatic personnel overseas if the Secretary, in 
        consultation with the Director of National Intelligence, 
        determines that no suitable alternatives are available.
    (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 and services, that has knowingly assisted 
or facilitated a cyber attack or conducted surveillance, including 
passive or active monitoring, carried out against the United States by, 
or on behalf of, any government, or persons associated with such 
government, listed as a cyber threat actor in the United States 
Intelligence Community's 2017 assessment of worldwide threats to United 
States national security or any following worldwide threat assessment 
of the United States intelligence community.
    (f) Effective Date.--This section shall apply with respect to 
contracts of a covered contractor entered into on or after the date of 
the enactment of this Act.

SEC. 508. REPORT ON CONTRACTS WITH KASPERSKY LABS AND HUAWEI.

    (a) Determination.--Not later than 30 days after the date of the 
enactment of this Act, the Secretary of State shall develop a process 
and timeframe for determining whether or not the Department of State 
purchased software, hardware, or services from Kaspersky Lab, Huawei, 
ZTE Corporation, or from any affiliates where Kaspersky Lab, Huawei, or 
ZTE Corporation equipment, software, or services may be contained, and 
if so, if any of those products or services are still in use.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State shall submit to the 
appropriate congressional committees a report on the findings pursuant 
to the review under subsection (a), and shall provide updates every 30 
days thereafter until the review is complete.

                       TITLE VI--PUBLIC DIPLOMACY

SEC. 601. AMERICAN SPACES REVIEW.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit a report to the 
appropriate congressional committees that includes--
            (1) the full costs incurred by the Department to provide 
        American Spaces, including--
                    (A) American Centers, American Corners, Binational 
                Centers, Information Resource Centers, and Science 
                Centers; and
                    (B) the total costs of all associated--
                            (i) employee salaries, including members of 
                        the foreign service, other United States 
                        civilian personnel, and locally employed staff;
                            (ii) programming expenses;
                            (iii) operating expenses;
                            (iv) contracting expenses; and
                            (v) security expenses;
            (2) a breakdown of the total costs described in paragraph 
        (1) by each space and type of space;
            (3) the total fees collected for entry to, or the use of, 
        American Spaces and related resources, including a breakdown by 
        the type of fee for each space and type of space;
            (4) the total usage rates, including by type of service, 
        for each space and type of space; and
            (5) an assessment of the significance, utility, and benefit 
        of the American Spaces program in promoting mutual 
        understanding and the value of American culture.

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

    (a) In General.--The Secretary shall--
            (1) conduct regular research and evaluation of public 
        diplomacy programs and activities of the Department, including 
        through the routine use of audience research, digital 
        analytics, and impact evaluations, to plan and execute such 
        programs and activities; and
            (2) make the findings of the research and evaluations 
        conducted under paragraph (1) available to Congress.
    (b) Director of Research and Evaluation.--
            (1) Appointment.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary shall appoint a 
        Director of Research and Evaluation in the Office of Policy, 
        Planning, and Resources for the Under Secretary for Public 
        Diplomacy and Public Affairs.
            (2) Limitation on appointment.--The appointment of a 
        Director of Research and Evaluation pursuant to paragraph (1) 
        shall not result in an increase in the overall full-time 
        equivalent positions within the Department.
            (3) Responsibilities.--The Director of Research and 
        Evaluation shall--
                    (A) coordinate and oversee the research and 
                evaluation of public diplomacy programs of the 
                Department--
                            (i) to improve public diplomacy strategies 
                        and tactics; and
                            (ii) to ensure that programs are increasing 
                        the knowledge, understanding, and trust of the 
                        United States by relevant target audiences;
                    (B) report to the Director of Policy and Planning;
                    (C) routinely organize and oversee audience 
                research, digital analytics, and impact evaluations 
                across all public diplomacy bureaus and offices of the 
                Department;
                    (D) support embassy public affairs sections;
                    (E) share appropriate public diplomacy research and 
                evaluation information within the Department and with 
                other Federal departments and agencies;
                    (F) regularly design and coordinate standardized 
                research questions, methodologies, and procedures to 
                ensure that public diplomacy activities across all 
                public diplomacy bureaus and offices are designed to 
                meet appropriate foreign policy objectives; and
                    (G) report quarterly to the United States Advisory 
                Commission on Public Diplomacy, through the 
                Commission's Subcommittee on Research and Evaluation 
                established pursuant to subsection (e), regarding the 
                research and evaluation of all public diplomacy bureaus 
                and offices of the Department.
            (4) Guidance and training.--Not later than 180 days after 
        the appointment of the Director of Research and Evaluation 
        pursuant to paragraph (1), the Director shall create guidance 
        and training for all public diplomacy officers regarding the 
        reading and interpretation of public diplomacy program 
        evaluation findings to ensure that such findings and lessons 
        learned are implemented in the planning and evaluation of all 
        public diplomacy programs and activities throughout the 
        Department.
    (c) Prioritizing Research and Evaluation.--
            (1) In general.--The Director of Policy, Planning, and 
        Resources shall ensure that research and evaluation, as 
        coordinated and overseen by the Director of Research and 
        Evaluation, supports strategic planning and resource allocation 
        across all public diplomacy bureaus and offices of the 
        Department.
            (2) Allocation of resources.--Amounts allocated for the 
        purposes of research and evaluation of public diplomacy 
        programs and activities pursuant to subsection (a) shall be 
        made available to be disbursed at the direction of the Director 
        of Research and Evaluation among the research and evaluation 
        staff across all public diplomacy bureaus and offices of the 
        Department.
            (3) Sense of congress.--It is the sense of Congress that 
        the Department should allocate, for the purposes of research 
        and evaluation of public diplomacy activities and programs 
        pursuant to subsection (a)--
                    (A) 3 to 5 percent of program funds made available 
                under the heading ``Educational and Cultural Exchange 
                Programs''; and
                    (B) 3 to 5 percent of program funds allocated for 
                public diplomacy programs under the heading 
                ``Diplomatic and Consular Programs''.
    (d) Limited Exemption.--Chapter 35 of title 44, United States Code 
(commonly known as the ``Paperwork Reduction Act'') shall not apply to 
collections of information directed at foreign individuals conducted 
by, or on behalf of, the Department for the purpose of audience 
research and impact evaluations, in accordance with the requirements 
under this section and in connection with the Department's activities 
conducted pursuant to the United States Information and Educational 
Exchange Act of 1948 (22 U.S.C. 1431 et seq.) or the Mutual Educational 
and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.).
    (e) Limited Exemption to the Privacy Act.--The Department shall 
maintain, collect, use, and disseminate records (as such term is 
defined in section 552a(a)(4) of title 5, United States Code) for 
research and data analysis of public diplomacy efforts intended for 
foreign audiences. Such research and data analysis shall be reasonably 
tailored to meet the purposes of this subsection and shall be carried 
out with due regard for privacy and civil liberties guidance and 
oversight.
    (f) Advisory Commission on Public Diplomacy.--
            (1) Subcommittee for research and evaluation.--The Advisory 
        Commission on Public Diplomacy shall establish a Subcommittee 
        for Research and Evaluation to monitor and advise on the 
        research and evaluation activities of the Department and the 
        Broadcasting Board of Governors.
            (2) Report.--The Subcommittee for Research and Evaluation 
        established pursuant to paragraph (1) shall submit an annual 
        report to Congress in conjunction with the Commission on Public 
        Diplomacy's Comprehensive Annual Report on the performance of 
        the Department and the Broadcasting Board of Governors in 
        carrying out research and evaluations of their respective 
        public diplomacy programming.
    (g) Definitions.--In this section:
            (1) Audience research.--The term ``audience research'' 
        means research conducted at the outset of public diplomacy 
        program or campaign planning and design on specific audience 
        segments to understand the attitudes, interests, knowledge, and 
        behaviors of such audience segments.
            (2) Digital analytics.--The term ``digital analytics'' 
        means the analysis of qualitative and quantitative data, 
        accumulated in digital format, to indicate the outputs and 
        outcomes of a public diplomacy program or campaign.
            (3) Impact evaluation.--The term ``impact evaluation'' 
        means an assessment of the changes in the audience targeted by 
        a public diplomacy program or campaign that can be attributed 
        to such program or campaign.

                 TITLE VII--COMBATING PUBLIC CORRUPTION

SEC. 701. DEFINITIONS.

    In this title:
            (1) Corrupt actor.--The term ``corrupt actor'' means--
                    (A) any foreign person or entity that is a 
                government official or government entity responsible 
                for, or complicit in, an act of public corruption; and
                    (B) any company, in which a person or entity 
                described in subparagraph (A) has a significant stake, 
                which is responsible for, or complicit in, an act of 
                public corruption.
            (2) Foreign assistance.--The term ``foreign assistance'' 
        means assistance made available under--
                    (A) the Foreign Assistance Act of 1961 (22 U.S.C. 
                2151 et seq.); or
                    (B) the Arms Export Control Act (22 U.S.C. 2751 et 
                seq.).
            (3) Grand corruption.--The term ``grand corruption'' means 
        public corruption committed at a high level of government 
        that--
                    (A) distorts policies or the central functioning of 
                the country; and
                    (B) enables leaders to benefit at the expense of 
                the public good.
            (4) Petty corruption.--The term ``petty corruption'' means 
        the unlawful exercise of entrusted public power for private 
        gain by low- or mid-level public officials in their 
        interactions with ordinary citizens, including by bribery, 
        nepotism, fraud, or embezzlement.
            (5) Public corruption.--The term ``public corruption'' 
        means the unlawful exercise of entrusted public power for 
        private gain, including by bribery, nepotism, fraud, or 
        embezzlement.

SEC. 702. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) it is in the foreign policy interest of the United 
        States to help other countries promote good governance and 
        combat public corruption, particularly grand corruption;
            (2) multiple departments and agencies across the United 
        States Government operate programs that promote good governance 
        in foreign countries and enhance foreign countries' ability to 
        combat public corruption;
            (3) the Department should promote coordination among 
        programs described in paragraph (2) to improve their 
        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. 703. ANNUAL REPORT.

    The Secretary shall annually submit to the appropriate 
congressional committees and publish, on a publicly accessible website, 
a report that--
            (1) groups foreign countries, by quintile, based on--
                    (A) the World Bank Worldwide Governance Indicator 
                on Control of Corruption; and
                    (B) the World Bank Worldwide Governance Indicator 
                on Voice and Accountability;
            (2) adds context and commentary, as appropriate, to the 
        World Bank Worldwide Governance Indicator on Control of 
        Corruption and the World Bank Worldwide Governance Indicator on 
        Voice and Accountability groupings under paragraph (1), as 
        appropriate, based on the factors outlined in section 704;
            (3) describes, based on the World Bank Worldwide Governance 
        Indicators and the factors outlined in section 704, the status 
        of foreign governments' efforts to combat public corruption; 
        and
            (4) describes the status of each foreign country's active 
        membership in voluntary multi-sectoral global governance 
        initiatives as evidence of the country's government-led efforts 
        to combat public corruption.

SEC. 704. ADDITIONAL FACTORS FOR ASSESSING GOVERNMENT EFFORTS TO COMBAT 
              PUBLIC CORRUPTION.

    (a) Factors for Assessing Government Efforts To Combat Public 
Corruption.--In assessing a government's efforts to combat public 
corruption, the Secretary should consider, to the extent reliable 
information is available--
            (1) whether the country--
                    (A) has enacted laws and established government 
                structures, policies, and practices that prohibit 
                public corruption, including grand corruption and petty 
                corruption; and
                    (B) enforces such laws through a fair judicial 
                process;
            (2) whether the country prescribes appropriate punishment 
        for grand corruption that is commensurate with the punishment 
        prescribed for serious crimes;
            (3) whether the country prescribes appropriate punishment 
        for petty corruption that provides a sufficiently stringent 
        deterrent and adequately reflects the nature of the offense;
            (4) the extent to which the government of the country--
                    (A) vigorously investigates and prosecutes acts of 
                public corruption; and
                    (B) convicts and sentences persons responsible for 
                such acts that take place wholly or partly within such 
                country, including, as appropriate, requiring the 
                incarceration of individuals convicted of such acts;
            (5) the extent to which the government of the country 
        vigorously investigates, prosecutes, convicts, and sentences 
        public officials who participate in or facilitate public 
        corruption, including nationals of the country who are deployed 
        in foreign military assignments, trade delegations abroad, or 
        other similar missions who engage in or facilitate severe forms 
        of public corruption;
            (6) the extent to which the government of the country 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;
            (7) steps taken by the government of the country to 
        prohibit government officials from participating in, 
        facilitating, or condoning public corruption, including the 
        investigation, prosecution, and conviction of such officials;
            (8) the extent to which the country 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;
            (9) the extent to which an independent judiciary or 
        judicial body in the country is responsible for, and 
        effectively capable of, deciding public corruption cases 
        impartially, on the basis of facts and in accordance with the 
        law, without any improper restrictions, influences, 
        inducements, pressures, threats, or interferences (direct or 
        indirect) from any source or for any reason;
            (10) the extent to which the government of the country is 
        assisting in international investigations of transnational 
        public corruption networks and in other cooperative efforts to 
        combat grand corruption, including cooperating with the 
        governments of other countries to extradite corrupt actors;
            (11) the extent to which the government of the country 
        recognizes the rights of victims of public corruption, ensures 
        their access to justice, and takes steps to prevent victims 
        from being further victimized or persecuted by corrupt actors, 
        government officials, or others;
            (12) the extent to which the government of the country 
        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
            (13) such other information relating to public corruption 
        as the Secretary considers appropriate.

SEC. 705. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF CONTACT.

    (a) Designated Countries.--The Secretary shall annually designate 
an anti-corruption point of contact at the United States Mission to 
each country that he or she determines is in need of such a point of 
contact.
    (b) Points of Contact Duties.--Each designated anti-corruption 
point of contact shall be responsible for coordinating a whole-of-
government approach to combating public corruption in his or her posted 
country among relevant United States Government departments or agencies 
with a presence in that country, including, as applicable, the 
Department of State, the Department of Justice, the Department of the 
Treasury, the Department of Homeland Security, and USAID.
    (c) Training.--The Secretary shall develop and implement 
appropriate training for designated anti-corruption points of contact.
    (d) Internal Reporting.--Each anti-corruption point of contact 
shall submit an annual report to the Secretary regarding anti-
corruption activities within his or her posted country that--
            (1) evaluates the effectiveness of current programs that 
        promote good governance and have an effect of combating public 
        corruption; and
            (2) identifies areas in which the United States 
        Government's approach could be enhanced, including specific 
        programs that could be used to enhance the whole-of-government 
        approach.

SEC. 706. INTERAGENCY WORKING GROUP.

    (a) In General.--The Secretary shall have primary responsibility 
for managing a whole-of-government effort to improve coordination among 
United States Government departments and agencies that have a role in 
promoting good governance in foreign countries and enhancing foreign 
countries' ability to combat public corruption.
    (b) Task Force.--
            (1) Initial meeting.--Not later than 180 days after the 
        date of the enactment of this Act, the Secretary shall 
        establish and convene an initial meeting of an interagency task 
        force, which shall be composed of--
                    (A) representatives appointed by the President from 
                the departments and agency listed in section 705(b); 
                and
                    (B) representatives from any other United States 
                Government departments or agencies, as determined by 
                the Secretary.
            (2) Additional meetings.--The task force described in 
        paragraph (1) shall meet not less frequently than twice per 
        year.
    (c) Task Force Duties.--The task force established pursuant to 
subsection (b) shall--
            (1) assist the Secretary in managing the whole-of-
        government effort described in subsection (a);
            (2) evaluate, on a general basis, the effectiveness of 
        current programs that have an effect of combating public 
        corruption;
            (3) identify general areas in which the United States 
        Government's approach could be enhanced; and
            (4) identify specific programs for specific countries that 
        could be used to enhance the whole-of-government approach.

SEC. 707. TRANSPARENCY AND ACCOUNTABILITY.

    (a) In General.--Not later than 60 days after publishing the report 
required under section 703, and prior to obligation by any United 
States agency of foreign assistance to the government of a country 
ranked in the lowest 2 quintiles in the World Bank Worldwide Governance 
Indicator on Control of Corruption grouping described in section 
703(1), the Secretary, in coordination with the Administrator of USAID, 
as appropriate, shall--
            (1) conduct a corruption risk assessment and create a 
        corruption mitigation strategy for all United States foreign 
        assistance programs to that country;
            (2) require the inclusion of anti-corruption clauses for 
        all foreign assistance contracts, grants, and cooperative 
        agreements, which allow for the termination of the contract, 
        grant, or cooperative agreement without penalty if credible 
        indicators of public corruption are discovered;
            (3) require the inclusion of appropriate clawback clauses 
        for all foreign assistance that has been misappropriated 
        through corruption;
            (4) require the appropriate disclosure to the United States 
        Government, in confidential form, if necessary, of the 
        beneficial ownership of contractors, subcontractors, grantees, 
        cooperative agreement participants, and other organizations 
        receiving funding from the United States Government for foreign 
        assistance programs; and
            (5) establish a mechanism for investigating allegations of 
        misappropriated foreign assistance funds or equipment.
    (b) Exceptions and Waiver.--
            (1) Exceptions.--Subsection (a) shall not apply to 
        humanitarian assistance, disaster assistance, or assistance to 
        combat corruption.
            (2) Waiver.--The Secretary may waive the requirement to 
        delay foreign assistance under subsection (a) if the Secretary 
        certifies to the appropriate congressional committees that such 
        waiver is important to the national security interests of the 
        United States.

SEC. 708. RESOURCES AND REPORTING REQUIREMENTS.

    (a) Annual Report.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, and annually thereafter, the 
        Secretary shall submit a report to the appropriate 
        congressional committees that outlines the resources needed to 
        meet the objectives of this title, including--
                    (A) personnel needs; and
                    (B) a description of the bureaucratic structure of 
                the offices within the Department and USAID that are 
                engaged in anti-corruption activities.
    (b) Annual Briefing.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, and annually thereafter, the 
        Secretary shall brief the appropriate congressional committees 
        on the implementation of this title, including--
                    (A) the designation of anti-corruption points of 
                contact for countries under section 705(a);
                    (B) the training implemented under section 705(c);
                    (C) the reports received from anti-corruption 
                points of contact under section 705(d);
                    (D) the management of the whole-of-government 
                effort to improve coordination under section 706(a);
                    (E) the establishment of the task force under 
                section 706(b); and
                    (F) the activities of the task force under section 
                706(c).
            (2) Form of briefing.--The briefings under subsection (b) 
        shall be conducted on an in-person basis to members or staff of 
        the appropriate congressional committees. Portions of the 
        briefings may be conducted in a classified setting, as needed.
    (c) Online Platform.--The Secretary and the USAID Administrator 
shall consolidate existing reports with anti-corruption components into 
one online, public platform, which shall--
            (1) include--
                    (A) the Human Rights Report;
                    (B) the Fiscal Transparency Report;
                    (C) the Investment Climate Statement reports;
                    (D) the International Narcotics Control Strategy 
                Report; and
                    (E) any other relevant public reports;
            (2) link to third-party indicators and compliance 
        mechanisms used by the United States 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 Organisation 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.
    (d) Training.--The Secretary and the USAID Administrator shall 
incorporate anti-corruption components into existing Foreign Service 
and Civil Service training courses--
            (1) to increase the ability of Department and USAID 
        personnel to support anti-corruption as a foreign policy and 
        development priority; and
            (2) to strengthen their ability to design, implement, and 
        evaluate more effective anti-corruption programming around the 
        world, including enhancing skills to better evaluate and 
        mitigate public corruption risks in assistance programs.

                       TITLE VIII--MISCELLANEOUS

SEC. 801. RECURRING REPORTS.

    Not later than 30 days after the date of the enactment of this Act, 
the Secretary shall submit a list to the appropriate congressional 
committees that identifies all recurring reports that the Department is 
statutorily required to complete, including a statutory citation and 
brief description of each such report.

SEC. 802. CASE-ZABLOCKI REFORM.

    Section 112b(b) of title 1, United States Code, is amended to read 
as follows:
    ``(b) Each department or agency of the United States Government 
that enters into any international agreement described in subsection 
(a), on behalf of the United States, shall designate a Chief 
International Agreements Officer, who--
            ``(1) shall be a current employee of such department or 
        agency;
            ``(2) shall serve concurrently as Chief International 
        Agreements Officer; and
            ``(3) subject to the authority of the head of the 
        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. 803. REPORTING ON IMPLEMENTATION OF GAO RECOMMENDATIONS.

    (a) Initial Report.--Not later than 30 days after the date of the 
enactment of this Act, the Secretary shall submit a report to the 
appropriate congressional committees that lists all of the Government 
Accountability Office's recommendations relating to the Department that 
have not been fully implemented.
    (b) Comptroller General Report.--Not later than 30 days after the 
Secretary submits the report under subsection (a), the Comptroller 
General of the United States shall submit a report to the appropriate 
congressional committees that identifies any discrepancies between the 
list of recommendations included in such report and the Government 
Accountability Office's list of outstanding recommendations for the 
Department.
    (c) Implementation Report.--
            (1) In general.--Not later than 120 days after the date of 
        the enactment of this Act, the Secretary shall submit a report 
        to the appropriate congressional committees that describes the 
        implementation status of each recommendation from the 
        Government Accountability Office included in the report 
        submitted under subsection (a).
            (2) Justification.--The report under paragraph (1) shall 
        include--
                    (A) a detailed justification for each decision not 
                to fully implement a recommendation or to implement a 
                recommendation in a different manner than specified by 
                the Government Accountability Office;
                    (B) a timeline for the full implementation of any 
                recommendation the Secretary has decided to adopt, but 
                has not yet fully implemented; and
                    (C) an explanation for any discrepancies included 
                in the Comptroller General report submitted under 
                subsection (b).
    (d) Form.--The information required in each report under this 
section shall be submitted in unclassified form, to the maximum extent 
practicable, but may be included in a classified annex to the extent 
necessary.
                                                       Calendar No. 210

115th CONGRESS

  1st Session

                                S. 1631

_______________________________________________________________________

                                 A BILL

  To authorize the Department of State for Fiscal Year 2018, and for 
                            other purposes.

_______________________________________________________________________

                           September 6, 2017

                        Reported with amendments
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