IIB 

117TH CONGRESS 

1ST SESSION H. R. 1157 

IN THE SENATE OF THE UNITED STATES 

MAY 19, 2021 

Received; read twice and referred to the Committee on Foreign Relations 

AN ACT 

To provide for certain authorities of the Department of 

State, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Department of State Authorization Act of 2021’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Determination of budgetary effects. 

TITLE I—ORGANIZATION AND OPERATIONS OF THE 

DEPARTMENT OF STATE 

Sec. 1001. Diplomatic Programs. 

Sec. 1002. Sense of Congress on importance of Department of State’s work. 

Sec. 1003. Bureau of Democracy, Human Rights, and Labor. 

Sec. 1004. Assistant Secretary for International Narcotics and Law Enforcement Affairs. 

Sec. 1005. Bureau of Consular Affairs; Bureau of Population, Refugees, and 

Migration. 

Sec. 1006. Office of International Disability Rights. 

Sec. 1007. Anti-piracy information sharing. 

Sec. 1008. Importance of foreign affairs training to national security. 

Sec. 1009. Classification and assignment of Foreign Service officers. 

Sec. 1010. Energy diplomacy and security within the Department of State. 

Sec. 1011. National Museum of American Diplomacy. 

Sec. 1012. Extension of period for reimbursement of fishermen for costs incurred from the illegal seizure and detention of U.S.-flag fishing vessels by foreign governments. 

Sec. 1013. Art in embassies. 

Sec. 1014. Amendment or repeal of reporting requirements. 

Sec. 1015. Reporting on implementation of GAO recommendations. 

Sec. 1016. Office of Global Criminal Justice. 

TITLE II—EMBASSY CONSTRUCTION 

Sec. 1201. Embassy security, construction, and maintenance. 

Sec. 1202. Standard design in capital construction. 

Sec. 1203. Capital construction transparency. 

Sec. 1204. Contractor performance information. 

Sec. 1205. Growth projections for new embassies and consulates. 

Sec. 1206. Long-range planning process. 

Sec. 1207. Value engineering and risk assessment. 

Sec. 1208. Business volume. 

Sec. 1209. Embassy security requests and deficiencies. 

Sec. 1210. Overseas security briefings. 

Sec. 1211. Contracting methods in capital construction. 

Sec. 1212. Competition in embassy construction. 

Sec. 1213. Statement of policy. 

Sec. 1214. Definitions. 

TITLE III—PERSONNEL ISSUES 


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Sec. 1301. Defense Base Act insurance waivers. 

Sec. 1302. Study on Foreign Service allowances. 

Sec. 1303. Science and technology fellowships. 

Sec. 1304. Travel for separated families. 

Sec. 1305. Home leave travel for separated families. 

Sec. 1306. Sense of Congress regarding certain fellowship programs. 

Sec. 1307. Technical correction. 

Sec. 1308. Foreign Service awards. 

Sec. 1309. Workforce actions. 

Sec. 1310. Sense of Congress regarding veterans employment at the Department of State. 

Sec. 1311. Employee assignment restrictions and preclusions. 

Sec. 1312. Recall and reemployment of career members. 

Sec. 1313. Strategic staffing plan for the Department of State. 

Sec. 1314. Consulting services. 

Sec. 1315. Incentives for critical posts. 

Sec. 1316. Extension of authority for certain accountability review boards. 

Sec. 1317. Foreign Service suspension without pay. 

Sec. 1318. Foreign Affairs Manual and Foreign Affairs Handbook changes. 

Sec. 1319. Waiver authority for individual occupational requirements of certain 

positions. 

Sec. 1320. Appointment of employees to the Global Engagement Center. 

Sec. 1321. Rest and recuperation and overseas operations leave for Federal employees. 

Sec. 1322. Emergency medical services authority. 

Sec. 1323. Department of State Student Internship Program. 

Sec. 1324. Competitive status for certain employees hired by Inspectors General to support the lead IG mission. 

Sec. 1325. Cooperation with Office of the Inspector General. 

Sec. 1326. Information on educational opportunities for children with special 

educational needs consistent with the Individuals With Disabilities Education Act. 

Sec. 1327. Implementation of gap memorandum in selection board process. 

TITLE IV—A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, 

AND PROMOTION 

Sec. 1401. Definitions. 

Sec. 1402. Collection, analysis, and dissemination of workforce data. 

Sec. 1403. Exit interviews for workforce. 

Sec. 1404. Recruitment and retention. 

Sec. 1405. Promoting diversity and inclusion in the national security workforce. 

Sec. 1406. Leadership engagement and accountability. 

Sec. 1407. Professional development opportunities and tools. 

Sec. 1408. Examination and oral assessment for the Foreign Service. 

Sec. 1409. Payne fellowship authorization. 

Sec. 1410. Voluntary participation. 

TITLE V—INFORMATION SECURITY 

Sec. 1501. Definitions. 

Sec. 1502. List of certain telecommunications providers. 

Sec. 1503. Preserving records of electronic communications conducted related 

to official duties of positions in the public trust of the American people. 


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Sec. 1504. Foreign Relations of the United States (FRUS) series and declassification. 

Sec. 1505. Vulnerability Disclosure Policy and Bug Bounty Pilot Program. 

TITLE VI—PUBLIC DIPLOMACY 

Sec. 1601. Short title. 

Sec. 1602. Avoiding duplication of programs and efforts. 

Sec. 1603. Improving research and evaluation of public diplomacy. 

Sec. 1604. Permanent reauthorization of the United States Advisory Commission on Public Diplomacy. 

Sec. 1605. Streamlining of support functions. 

Sec. 1606. Guidance for closure of public diplomacy facilities. 

Sec. 1607. Definitions. 

TITLE VII—COMBATING PUBLIC CORRUPTION 

Sec. 1701. Sense of congress. 

Sec. 1702. Annual assessment. 

Sec. 1703. Transparency and accountability. 

Sec. 1704. Designation of embassy anti-corruption points of contact. 

TITLE VIII—OTHER MATTERS 

Sec. 1801. Case-Zablocki Act Reform. 

Sec. 1802. Limitation on assistance to countries in default. 

Sec. 1803. Sean and David Goldman Child Abduction Prevention and Return 

Act of 2014 amendment. 

Sec. 1804. Modification of authorities of Commission for the Preservation of 

America’s Heritage Abroad. 

Sec. 1805. Chief of mission concurrence. 

Sec. 1806. Report on efforts of the Coronavirus Repatriation Task Force. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means the Committee on Foreign Affairs of 

6 the House of Representatives and the Committee on 

7 Foreign Relations of the Senate. 

8 (2) DEPARTMENT.—If not otherwise specified, 

9 the term ‘‘Department’’ means the Department of 

10 State. 


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1 (3) SECRETARY.—If not otherwise specified, the 

2 term ‘‘Secretary’’ means the Secretary of State. 

3 SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. 

4 The budgetary effects of this Act, for the purpose of 

5 complying with the Statutory Pay-As-You-Go Act of 2010, 

6 shall be determined by reference to the latest statement 

7 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

8 Act, submitted for printing in the Congressional Record 

9 by the Chairman of the House Budget Committee, pro10 vided that such statement has been submitted prior to the 

11 vote on passage. 

12 TITLE I—ORGANIZATION AND 

13 OPERATIONS OF THE DE14 PARTMENT OF STATE 

15 SEC. 1001. DIPLOMATIC PROGRAMS. 

16 For ‘‘Diplomatic Programs’’, there is authorized to 

17 be appropriated $9,170,013,000 for fiscal year 2022. 

18 SEC. 1002. SENSE OF CONGRESS ON IMPORTANCE OF DE19 PARTMENT OF STATE’S WORK. 

20 It is the sense of Congress that— 

21 (1) United States global engagement is key to 

22 a stable and prosperous world; 

23 (2) United States leadership is indispensable in 

24 light of the many complex and interconnected 

25 threats facing the United States and the world; 


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1 (3) diplomacy and development are critical tools 

2 of national power, and full deployment of these tools 

3 is vital to United States national security; 

4 (4) challenges such as the global refugee and 

5 migration crises, terrorism, historic famine and food 

6 insecurity, and fragile or repressive societies cannot 

7 be addressed without sustained and robust United 

8 States diplomatic and development leadership; 

9 (5) the United States Government must use all 

10 of the instruments of national security and foreign 

11 policy at its disposal to protect United States citi12 zens, promote United States interests and values, 

13 and support global stability and prosperity; 

14 (6) United States security and prosperity de15 pend on having partners and allies that share our in16 terests and values, and these partnerships are nur17 tured and our shared interests and values are pro18 moted through United States diplomatic engage19 ment, security cooperation, economic statecraft, and 

20 assistance that helps further economic development, 

21 good governance, including the rule of law and 

22 democratic institutions, and the development of 

23 shared responses to natural and humanitarian disas24 ters; 


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1 (7) as the United States Government agencies 

2 primarily charged with conducting diplomacy and 

3 development, the Department and the United States 

4 Agency for International Development (USAID) re5 quire sustained and robust funding to carry out this 

6 important work, which is essential to our ability to 

7 project United States leadership and values and to 

8 advance United States interests around the world; 

9 (8) the work of the Department and USAID 

10 makes the United States and the world safer and 

11 more prosperous by alleviating global poverty and 

12 hunger, fighting HIV/AIDS and other infectious dis13 eases, strengthening alliances, expanding educational 

14 opportunities for women and girls, promoting good 

15 governance and democracy, supporting anti-corrup16 tion efforts, driving economic development and 

17 trade, preventing armed conflicts and humanitarian 

18 crises, and creating American jobs and export oppor19 tunities; 

20 (9) the Department and USAID are vital na21 tional security agencies, whose work is critical to the 

22 projection of United States power and leadership 

23 worldwide, and without which Americans would be 

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1 minished, and global stability and prosperity would 

2 suffer; 

3 (10) investing in diplomacy and development 

4 before conflicts break out saves American lives while 

5 also being cost-effective; and 

6 (11) the contributions of personnel working at 

7 the Department and USAID are extraordinarily val8 uable and allow the United States to maintain its 

9 leadership around the world. 

10 SEC. 1003. BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND 

11 LABOR. 

12 Paragraph (2) of section 1(c) of the State Depart13 ment Basic Authorities Act of 1956 (22 U.S.C. 2651a) 

14 is amended— 

15 (1) in subparagraph (A), by adding at the end 

16 the following new sentence: ‘‘All special envoys, am17 bassadors, and coordinators located within the Bu18 reau of Democracy, Human Rights, and Labor shall 

19 report directly to the Assistant Secretary unless oth20 erwise provided by law.’’; 

21 (2) in subparagraph (B)(ii)— 

22 (A) by striking ‘‘section’’ and inserting 

23 ‘‘sections 116 and’’; and 

24 (B) by inserting before the period at the 

25 end the following: ‘‘(commonly referred to as 


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1 the annual ‘Country Reports on Human Rights 

2 Practices’)’’; and 

3 (3) by adding at the end the following new sub4 paragraphs: 

5 ‘‘(C) AUTHORITIES.—In addition to the 

6 duties, functions, and responsibilities specified 

7 in this paragraph, the Assistant Secretary of 

8 State for Democracy, Human Rights, and 

9 Labor is authorized to— 

10 ‘‘(i) promote democracy and actively 

11 support human rights throughout the 

12 world; 

13 ‘‘(ii) promote the rule of law and good 

14 governance throughout the world; 

15 ‘‘(iii) strengthen, empower, and pro16 tect civil society representatives, programs, 

17 and organizations, and facilitate their abil18 ity to engage in dialogue with governments 

19 and other civil society entities; 

20 ‘‘(iv) work with regional bureaus to 

21 ensure adequate personnel at diplomatic 

22 posts are assigned responsibilities relating 

23 to advancing democracy, human rights, 

24 labor rights, women’s equal participation 

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1 ticular attention paid to adequate oversight 

2 and engagement on such issues by senior 

3 officials at such posts; 

4 ‘‘(v) review and, as appropriate, make 

5 recommendations to the Secretary of State 

6 regarding the proposed transfer of— 

7 ‘‘(I) defense articles and defense 

8 services authorized under the Foreign 

9 Assistance Act of 1961 (22 U.S.C. 

10 2151 et seq.) or the Arms Export 

11 Control Act (22 U.S.C. 2751 et seq.); 

12 and 

13 ‘‘(II) military items listed on the 

14 ‘600 series’ of the Commerce Control 

15 List contained in Supplement No. 1 to 

16 part 774 of subtitle B of title 15, 

17 Code of Federal Regulations; 

18 ‘‘(vi) coordinate programs and activi19 ties that protect and advance the exercise 

20 of human rights and internet freedom in 

21 cyberspace; and 

22 ‘‘(vii) implement other relevant poli23 cies and provisions of law. 

24 ‘‘(D) LOCAL OVERSIGHT.—United States 

25 missions, when executing DRL programming, 


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1 to the extent practicable, should assist in exer2 cising oversight authority and coordinate with 

3 the Bureau of Democracy, Human Rights, and 

4 Labor to ensure that funds are appropriately 

5 used and comply with anti-corruption prac6 tices.’’. 

7 SEC. 1004. ASSISTANT SECRETARY FOR INTERNATIONAL 

8 NARCOTICS AND LAW ENFORCEMENT AF9 FAIRS. 

10 (a) IN GENERAL.—Section 1(c) of the State Depart11 ment Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)) 

12 is amended— 

13 (1) by redesignating paragraphs (3) and (4) as 

14 paragraphs (4) and (5), respectively; and 

15 (2) by inserting after paragraph (2) the fol16 lowing new paragraph: 

17 ‘‘(3) ASSISTANT SECRETARY FOR INTER18 NATIONAL NARCOTICS AND LAW ENFORCEMENT AF19 FAIRS.— 

20 ‘‘(A) IN GENERAL.—There is authorized to 

21 be in the Department of State an Assistant 

22 Secretary for International Narcotics and Law 

23 Enforcement Affairs, who shall be responsible 

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1 national narcotics, anti-crime, and law enforce2 ment affairs in the conduct of foreign policy by 

3 the Department, including, as appropriate, lead4 ing the coordination of programs carried out by 

5 United States Government agencies abroad, and 

6 such other related duties as the Secretary may 

7 from time to time designate. 

8 ‘‘(B) AREAS OF RESPONSIBILITY.—The 

9 Assistant Secretary for International Narcotics 

10 and Law Enforcement Affairs shall maintain 

11 continuous observation and coordination of all 

12 matters pertaining to international narcotics, 

13 anti-crime, and law enforcement affairs in the 

14 conduct of foreign policy, including programs 

15 carried out by other United States Government 

16 agencies when such programs pertain to the fol17 lowing matters: 

18 ‘‘(i) Combating international narcotics 

19 production and trafficking. 

20 ‘‘(ii) Strengthening foreign justice sys21 tems, including judicial and prosecutorial 

22 capacity, appeals systems, law enforcement 

23 agencies, prison systems, and the sharing 

24 of recovered assets. 


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1 ‘‘(iii) Training and equipping foreign 

2 police, border control, other government of3 ficials, and other civilian law enforcement 

4 authorities for anti-crime purposes, includ5 ing ensuring that no foreign security unit 

6 or member of such unit shall receive such 

7 assistance from the United States Govern8 ment absent appropriate vetting. 

9 ‘‘(iv) Ensuring the inclusion of human 

10 rights and women’s participation issues in 

11 law enforcement programs, in consultation 

12 with the Assistant Secretary for Democ13 racy, Human Rights, and Labor, and other 

14 senior officials in regional and thematic 

15 bureaus and offices. 

16 ‘‘(v) Combating, in conjunction with 

17 other relevant bureaus of the Department 

18 of State and other United States Govern19 ment agencies, all forms of transnational 

20 organized crime, including human traf21 ficking, illicit trafficking in arms, wildlife, 

22 and cultural property, migrant smuggling, 

23 corruption, money laundering, the illicit 

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1 nancial systems for malign purposes, and 

2 other new and emerging forms of crime. 

3 ‘‘(vi) Identifying and responding to 

4 global corruption, including strengthening 

5 the capacity of foreign government institu6 tions responsible for addressing financial 

7 crimes and engaging with multilateral or8 ganizations responsible for monitoring and 

9 supporting foreign governments’ anti-cor10 ruption efforts. 

11 ‘‘(C) ADDITIONAL DUTIES.—In addition to 

12 the responsibilities specified in subparagraph 

13 (B), the Assistant Secretary for International 

14 Narcotics and Law Enforcement Affairs shall 

15 also— 

16 ‘‘(i) carry out timely and substantive 

17 consultation with chiefs of mission and, as 

18 appropriate, the heads of other United 

19 States Government agencies to ensure ef20 fective coordination of all international 

21 narcotics and law enforcement programs 

22 carried out overseas by the Department 

23 and such other agencies; 

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1 sons learned from other United States 

2 Government agencies are available to the 

3 Bureau of International Narcotics and 

4 Law Enforcement Affairs of the Depart5 ment; 

6 ‘‘(iii) develop standard requirements 

7 for monitoring and evaluation of Bureau 

8 programs, including metrics for success 

9 that do not rely solely on the amounts of 

10 illegal drugs that are produced or seized; 

11 ‘‘(iv) in coordination with the Sec12 retary of State, annually certify in writing 

13 to the Committee on Foreign Affairs of the 

14 House of Representatives and the Com15 mittee on Foreign Relations of the Senate 

16 that United States law enforcement per17 sonnel posted abroad whose activities are 

18 funded to any extent by the Bureau of 

19 International Narcotics and Law Enforce20 ment Affairs are complying with section 

21 207 of the Foreign Service Act of 1980 

22 (22 U.S.C. 3927); and 

23 ‘‘(v) carry out such other relevant du24 ties as the Secretary may assign. 


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1 ‘‘(D) RULE OF CONSTRUCTION.—Nothing 

2 in this paragraph may be construed to limit or 

3 impair the authority or responsibility of any 

4 other Federal agency with respect to law en5 forcement, domestic security operations, or in6 telligence activities as defined in Executive 

7 Order 12333.’’. 

8 (b) MODIFICATION OF ANNUAL INTERNATIONAL

9 NARCOTICS CONTROL STRATEGY REPORT.—Subsection 

10 (a) of section 489 of the Foreign Assistance Act of 1961 

11 (22 U.S.C. 2291h) is amended by inserting after para12 graph (9) the following new paragraph: 

13 ‘‘(10) A separate section that contains an iden14 tification of all United States Government-supported 

15 units funded by the Bureau of International Nar16 cotics and Law Enforcement Affairs and any Bu17 reau-funded operations by such units in which 

18 United States law enforcement personnel have been 

19 physically present.’’. 

20 SEC. 1005. BUREAU OF CONSULAR AFFAIRS; BUREAU OF 

21 POPULATION, REFUGEES, AND MIGRATION. 

22 Section 1 of the State Department Basic Authorities 

23 Act of 1956 (22 U.S.C. 2651a) is amended— 

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

25 subsections (i) and (j), respectively; and 


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1 (2) by inserting after subsection (f) the fol2 lowing new subsections: 

3 ‘‘(g) BUREAU OF CONSULAR AFFAIRS.—There is in 

4 the Department of State the Bureau of Consular Affairs, 

5 which shall be headed by the Assistant Secretary of State 

6 for Consular Affairs. 

7 ‘‘(h) BUREAU OF POPULATION, REFUGEES, AND MI8 GRATION.—There is in the Department of State the Bu9 reau of Population, Refugees, and Migration, which shall 

10 be headed by the Assistant Secretary of State for Popu11 lation, Refugees, and Migration.’’. 

12 SEC. 1006. OFFICE OF INTERNATIONAL DISABILITY RIGHTS. 

13 (a) ESTABLISHMENT.—There should be established 

14 in the Department of State an Office of International Dis15 ability Rights (referred to in this section as the ‘‘Office’’). 

16 (b) DUTIES.—The Office should— 

17 (1) seek to ensure that all United States for18 eign operations are accessible to, and inclusive of, 

19 persons with disabilities; 

20 (2) promote the human rights and full partici21 pation in international development activities of all 

22 persons with disabilities; 

23 (3) promote disability inclusive practices and 

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1 iting quality programs that are fully inclusive of peo2 ple with disabilities; 

3 (4) represent the United States in diplomatic 

4 and multilateral fora on matters relevant to the 

5 rights of persons with disabilities, and work to raise 

6 the profile of disability across a broader range of or7 ganizations contributing to international develop8 ment efforts; 

9 (5) conduct regular consultation with civil soci10 ety organizations working to advance international 

11 disability rights and empower persons with disabil12 ities internationally; 

13 (6) consult with other relevant offices at the 

14 Department that are responsible for drafting annual 

15 reports documenting progress on human rights, in16 cluding, wherever applicable, references to instances 

17 of discrimination, prejudice, or abuses of persons 

18 with disabilities; 

19 (7) advise the Bureau of Human Resources or 

20 its equivalent within the Department regarding the 

21 hiring and recruitment and overseas practices of civil 

22 service employees and Foreign Service officers with 

23 disabilities and their family members with chronic 

24 medical conditions or disabilities; and 


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1 (8) carry out such other relevant duties as the 

2 Secretary of State may assign. 

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

4 (1) a senior advisor to the appropriate Assist5 ant Secretary of State; or 

6 (2) an officer exercising significant authority 

7 who reports to the President or Secretary of State, 

8 appointed by and with the advice and consent of the 

9 Senate. 

10 (d) CONSULTATION.—The Secretary of State should 

11 direct Ambassadors at Large, Representatives, Special 

12 Envoys, and coordinators working on human rights to con13 sult with the Office to promote the human rights and full 

14 participation in international development activities of all 

15 persons with disabilities. 

16 SEC. 1007. ANTI-PIRACY INFORMATION SHARING. 

17 The Secretary is authorized to provide for the partici18 pation by the United States in the Information Sharing 

19 Centre located in Singapore, as established by the Re20 gional Cooperation Agreement on Combating Piracy and 

21 Armed Robbery against Ships in Asia (ReCAAP). 

22 SEC. 1008. IMPORTANCE OF FOREIGN AFFAIRS TRAINING 

23 TO NATIONAL SECURITY. 

24 (a) SENSE OF CONGRESS.—It is the sense of Con25 gress that— 


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1 (1) the Department is a crucial national secu2 rity agency, whose employees, both Foreign and Civil 

3 Service, require the best possible training at every 

4 stage of their careers to prepare them to promote 

5 and defend United States national interests and the 

6 health and safety of United States citizens abroad; 

7 (2) the Department of State’s investment of 

8 time and resources with respect to the training and 

9 education of its personnel is considerably below the 

10 level of other Federal departments and agencies in 

11 the national security field, and falls well below the 

12 investments many allied and adversarial countries 

13 make in the development of their diplomats; 

14 (3) the Department faces increasingly complex 

15 and rapidly evolving challenges, many of which are 

16 science and technology-driven, and which demand 

17 the continual, high-quality training and education of 

18 its personnel; 

19 (4) the Department must move beyond reliance 

20 on ‘‘on-the-job training’’ and other informal 

21 mentorship practices, which lead to an inequality in 

22 skillset development and career advancement oppor23 tunities, often particularly for minority personnel, 

24 and towards a robust professional tradecraft train25 ing continuum that will provide for greater equality 


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1 in career advancement and increase minority partici2 pation in the senior ranks; 

3 (5) the Department’s Foreign Service Institute 

4 and other training facilities should seek to substan5 tially increase its educational and training offerings 

6 to Department personnel, including developing new 

7 and innovative educational and training courses, 

8 methods, programs, and opportunities; and 

9 (6) consistent with existing Department gift ac10 ceptance authority and other applicable laws, the 

11 Department and Foreign Service Institute may ac12 cept funds and other resources from foundations, 

13 not-for-profit corporations, and other appropriate 

14 sources to help the Department and the Institute en15 hance the quantity and quality of training offerings, 

16 especially in the introduction of new, innovative, and 

17 pilot model courses. 

18 (b) TRAINING FLOAT.—Not later than 90 days after 

19 the date of the enactment of this Act, the Secretary of 

20 State shall develop and submit to the appropriate congres21 sional committees a strategy to establish a ‘‘training float’’ 

22 to allow for up to 15 percent of the Civil and Foreign 

23 Service to participate in long-term training at any given 

24 time. The strategy should identify steps necessary to en25 sure implementation of the training priorities identified in 


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1 subsection (c), sufficient training capacity and opportuni2 ties are available to Civil and Foreign Service officers, eq3 uitable distribution of long-term training opportunities to 

4 Civil and Foreign Service officers, and any additional re5 sources or authorities necessary to facilitate such a train6 ing float, including programs at the George P. Schultz Na7 tional Foreign Affairs Training Center, the Foreign Serv8 ice Institute, the Foreign Affairs Security Training Cen9 ter, and other facilities or programs operated by the De10 partment of State. The strategy shall identify which types 

11 of training would be prioritized, the extent (if any) to 

12 which such training is already being provided to Civil and 

13 Foreign Service officers by the Department of State, any 

14 factors incentivizing or disincentivizing such training, and 

15 why such training cannot be achieved without Civil and 

16 Foreign Service officers leaving the workforce. In addition 

17 to training opportunities provided by the Department, the 

18 strategy shall consider training that could be provided by 

19 the other United States Government training institutions, 

20 as well as non-governmental educational institutions. The 

21 strategy shall consider approaches to overcome disincen22 tives to pursuing long-term training. 

23 (c) PRIORITIZATION.—In order to provide the Civil 

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1 ing needed to effectively advance United States interests 

2 across the globe, the Department of State should— 

3 (1) increase its offerings— 

4 (A) of virtual instruction to make training 

5 more accessible to personnel deployed through6 out the world; or 

7 (B) at partner organizations to provide 

8 useful outside perspectives to Department per9 sonnel; 

10 (2) offer courses utilizing computer-based or as11 sisted simulations, allowing civilian officers to lead 

12 decision-making in a crisis environment; and 

13 (3) consider increasing the duration and ex14 panding the focus of certain training courses, includ15 ing— 

16 (A) the A-100 orientation course for For17 eign Service officers, and 

18 (B) the chief of mission course to more ac19 curately reflect the significant responsibilities 

20 accompanying such role. 

21 (d) OTHER AGENCY RESPONSIBILITIES.—Other na22 tional security agencies should increase the enrollment of 

23 their personnel in courses at the Foreign Service Institute 

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1 mote a whole-of-government approach to mitigating na2 tional security challenges. 

3 SEC. 1009. CLASSIFICATION AND ASSIGNMENT OF FOREIGN 

4 SERVICE OFFICERS. 

5 The Foreign Service Act of 1980 is amended— 

6 (1) in section 501 (22 U.S.C. 3981), by insert7 ing ‘‘If a position designated under this section is 

8 unfilled for more than 365 calendar days, such posi9 tion may be filled, as appropriate, on a temporary 

10 basis, in accordance with section 309.’’ after ‘‘Posi11 tions designated under this section are excepted 

12 from the competitive service.’’; and 

13 (2) in paragraph (2) of section 502(a) (22 

14 U.S.C. 3982(a)), by inserting ‘‘, or domestically, in 

15 a position working on issues relating to a particular 

16 country or geographic area,’’ after ‘‘geographic 

17 area’’. 

18 SEC. 1010. ENERGY DIPLOMACY AND SECURITY WITHIN 

19 THE DEPARTMENT OF STATE. 

20 Section 1(c) of the State Department Basic Authori21 ties Act of 1956 (22 U.S.C. 2651a), as amended by sec22 tion 1004 of this Act, is further amended— 

23 (1) by redesignating paragraphs (4) and (5) (as 

24 redesignated pursuant to such section 1004) as 

25 paragraphs (5) and (6); and 


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1 (2) by inserting after paragraph (3) (as added 

2 pursuant to such section 1004) the following new 

3 paragraph: 

4 ‘‘(4) ENERGY RESOURCES.— 

5 ‘‘(A) AUTHORIZATION FOR ASSISTANT SEC6 RETARY.—Subject to the numerical limitation 

7 specified in paragraph (1), there is authorized 

8 to be established in the Department of State an 

9 Assistant Secretary of State for Energy Re10 sources. 

11 ‘‘(B) PERSONNEL.—If the Department es12 tablishes an Assistant Secretary of State for 

13 Energy Resources in accordance with the au14 thorization provided in subparagraph (A), the 

15 Secretary of State shall ensure there are suffi16 cient personnel dedicated to energy matters 

17 within the Department of State whose respon18 sibilities shall include— 

19 ‘‘(i) formulating and implementing 

20 international policies aimed at protecting 

21 and advancing United States energy secu22 rity interests by effectively managing 

23 United States bilateral and multilateral re24 lations; 


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1 ‘‘(ii) ensuring that analyses of the na2 tional security implications of global en3 ergy and environmental developments are 

4 reflected in the decision making process 

5 within the Department; 

6 ‘‘(iii) incorporating energy security 

7 priorities into the activities of the Depart8 ment; 

9 ‘‘(iv) coordinating energy activities of 

10 the Department with relevant Federal de11 partments and agencies; 

12 ‘‘(v) coordinating with the Office of 

13 Sanctions Coordination on economic sanc14 tions pertaining to the international energy 

15 sector; and 

16 ‘‘(vi) working internationally to— 

17 ‘‘(I) support the development of 

18 energy resources and the distribution 

19 of such resources for the benefit of 

20 the United States and United States 

21 allies and trading partners for their 

22 energy security and economic develop23 ment needs; 

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1 functioning global market for energy 

2 resources, technologies, and expertise 

3 for the benefit of the United States 

4 and United States allies and trading 

5 partners; 

6 ‘‘(III) resolve international dis7 putes regarding the exploration, devel8 opment, production, or distribution of 

9 energy resources; 

10 ‘‘(IV) support the economic and 

11 commercial interests of United States 

12 persons operating in the energy mar13 kets of foreign countries; 

14 ‘‘(V) support and coordinate 

15 international efforts to alleviate en16 ergy poverty; 

17 ‘‘(VI) leading the United States 

18 commitment to the Extractive Indus19 tries Transparency Initiative; and 

20 ‘‘(VII) coordinating energy secu21 rity and other relevant functions with22 in the Department currently under23 taken by— 

24 ‘‘(aa) the Bureau of Eco25 nomic and Business Affairs; 


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1 ‘‘(bb) the Bureau of Oceans 

2 and International Environmental 

3 and Scientific Affairs; and 

4 ‘‘(cc) other offices within the 

5 Department of State.’’. 

6 SEC. 1011. NATIONAL MUSEUM OF AMERICAN DIPLOMACY. 

7 Title I of the State Department Basic Authorities Act 

8 of 1956 is amended by adding after section 63 (22 U.S.C. 

9 2735) the following new section: 

10 ‘‘SEC. 64. NATIONAL MUSEUM OF AMERICAN DIPLOMACY. 

11 ‘‘(a) ACTIVITIES.— 

12 ‘‘(1) SUPPORT AUTHORIZED.—The Secretary of 

13 State is authorized to provide, by contract, grant, or 

14 otherwise, for the performance of appropriate mu15 seum visitor and educational outreach services and 

16 related events, including organizing programs and 

17 conference activities, museum shop services and food 

18 services in the public exhibition and related space 

19 utilized by the National Museum of American Diplo20 macy. 

21 ‘‘(2) RECOVERY OF COSTS.—The Secretary of 

22 State is authorized to recover any revenues gen23 erated under the authority of paragraph (1) for vis24 itor and outreach services and related events re25 ferred to in such paragraph, including fees for use 


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1 of facilities at the National Museum for American 

2 Diplomacy. Any such revenues may be retained as a 

3 recovery of the costs of operating the museum. 

4 ‘‘(b) DISPOSITION OF NATIONAL MUSEUM OF AMER5 ICAN DIPLOMACY DOCUMENTS, ARTIFACTS, AND OTHER

6 ARTICLES.— 

7 ‘‘(1) PROPERTY.—All historic documents, arti8 facts, or other articles permanently acquired by the 

9 Department of State and determined by the Sec10 retary of State to be suitable for display by the Na11 tional Museum of American Diplomacy shall be con12 sidered to be the property of the United States Gov13 ernment and shall be subject to disposition solely in 

14 accordance with this subsection. 

15 ‘‘(2) SALE, TRADE, OR TRANSFER.—Whenever 

16 the Secretary of State makes the determination de17 scribed in paragraph (3) with respect to a document, 

18 artifact, or other article under paragraph (1), the 

19 Secretary may sell at fair market value, trade, or 

20 transfer such document, artifact, or other article 

21 without regard to the requirements of subtitle I of 

22 title 40, United States Code. The proceeds of any 

23 such sale may be used solely for the advancement of 

24 the mission of the National Museum of American 

25 Diplomacy and may not be used for any purpose 


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1 other than the acquisition and direct care of the col2 lections of the museum. 

3 ‘‘(3) DETERMINATIONS PRIOR TO SALE, TRADE, 

4 OR TRANSFER.—The determination described in this 

5 paragraph with respect to a document, artifact, or 

6 other article under paragraph (1), is a determination 

7 that— 

8 ‘‘(A) such document, artifact, or other arti9 cle no longer serves to further the purposes of 

10 the National Museum of American Diplomacy 

11 as set forth in the collections management pol12 icy of the museum; 

13 ‘‘(B) the sale, trade, or transfer of such 

14 document, artifact, or other article would serve 

15 to maintain the standards of the collection of 

16 the museum; or 

17 ‘‘(C) sale, trade, or transfer of such docu18 ment, artifact, or other article would be in the 

19 best interests of the United States. 

20 ‘‘(4) LOANS.—In addition to the authorization 

21 under paragraph (2) relating to the sale, trade, or 

22 transfer of documents, artifacts, or other articles 

23 under paragraph (1), the Secretary of State may 

24 loan such documents, artifacts, or other articles, 

25 when not needed for use or display by the National 


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1 Museum of American Diplomacy to the Smithsonian 

2 Institution or a similar institution for repair, study, 

3 or exhibition.’’. 

4 SEC. 1012. EXTENSION OF PERIOD FOR REIMBURSEMENT 

5 OF FISHERMEN FOR COSTS INCURRED FROM 

6 THE ILLEGAL SEIZURE AND DETENTION OF 

7 U.S.-FLAG FISHING VESSELS BY FOREIGN 

8 GOVERNMENTS. 

9 (a) IN GENERAL.—Subsection (e) of section 7 of the 

10 Fishermen’s Protective Act of 1967 (22 U.S.C. 1977) is 

11 amended to read as follows: 

12 ‘‘(e) AMOUNTS.—Payments may be made under this 

13 section only to such extent and in such amounts as are 

14 provided in advance in appropriation Acts.’’. 

15 (b) RETROACTIVE APPLICABILITY.— 

16 (1) EFFECTIVE DATE.—The amendment made 

17 by subsection (a) shall take effect on the date of the 

18 enactment of this Act and apply as if the date speci19 fied in subsection (e) of section 7 of the Fishermen’s 

20 Protective Act of 1967, as in effect on the day be21 fore the date of the enactment of this Act, were the 

22 day after such date of enactment. 

23 (2) AGREEMENTS AND PAYMENTS.—The Sec24 retary of State is authorized to— 


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1 (A) enter into agreements pursuant to sec2 tion 7 of the Fishermen’s Protective Act of 

3 1967 for any claims to which such section 

4 would otherwise apply but for the date specified 

5 in subsection (e) of such section, as in effect on 

6 the day before the date of the enactment of this 

7 Act; and 

8 (B) make payments in accordance with 

9 agreements entered into pursuant to such sec10 tion if any such payments have not been made 

11 as a result of the expiration of the date speci12 fied in such section, as in effect on the day be13 fore the date of the enactment of this Act. 

14 SEC. 1013. ART IN EMBASSIES. 

15 (a) IN GENERAL.—No funds are authorized to be ap16 propriated for the purchase of any piece of art for the 

17 purposes of installation or display in any embassy, con18 sulate, or other foreign mission of the United States if 

19 the purchase price of such piece of art is in excess of 

20 $25,000, unless such purchase is subject to prior consulta21 tion with, and the regular notification procedures of, the 

22 appropriate congressional committees. 

23 (b) REPORT.—Not later than 90 days after the date 

24 of the enactment of this Act, the Secretary of State shall 

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1 port on the costs of the Art in Embassies Program for 

2 fiscal years 2012 through 2020. 

3 (c) SUNSET.—This section shall terminate on the 

4 date that is two years after the date of the enactment of 

5 this Act. 

6 (d) DEFINITION.—In this section, the term ‘‘art’’ in7 cludes paintings, sculptures, photographs, industrial de8 sign, and craft art. 

9 SEC. 1014. AMENDMENT OR REPEAL OF REPORTING RE10 QUIREMENTS. 

11 (a) BURMA.— 

12 (1) IN GENERAL.—Section 570 of Public Law 

13 104–208 is amended— 

14 (A) by amending subsection (c) to read as 

15 follows: 

16 ‘‘(c) MULTILATERAL STRATEGY.—The President 

17 shall develop, in coordination with like-minded countries, 

18 a comprehensive, multilateral strategy to— 

19 ‘‘(1) assist Burma in addressing corrosive ma20 lign influence of the People’s Republic of China; and 

21 ‘‘(2) support democratic, constitutional, eco22 nomic, and security sector reforms in Burma de23 signed to— 


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1 ‘‘(A) advance democratic development and 

2 improve human rights practices and the quality 

3 of life; and 

4 ‘‘(B) promote genuine national reconcili5 ation.’’; and 

6 (B) in subsection (d)— 

7 (i) in the matter preceding paragraph 

8 (1), by striking ‘‘six months’’ and inserting 

9 ‘‘year’’; 

10 (ii) by redesignating paragraph (3) as 

11 paragraph (7); and 

12 (iii) by inserting after paragraph (2) 

13 the following new paragraphs: 

14 ‘‘(3) improvements in human rights practices; 

15 ‘‘(4) progress toward broad-based and inclusive 

16 economic growth; 

17 ‘‘(5) progress toward genuine national reconcili18 ation; 

19 ‘‘(6) progress on improving the quality of life of 

20 the Burmese people, including progress relating to 

21 market reforms, living standards, labor standards, 

22 use of forced labor in the tourism industry, and en23 vironmental quality; and’’. 

24 (2) EFFECTIVE DATE.—The amendments made 

25 by paragraph (1) shall take effect on the date of the 


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1 enactment of this Act and apply with respect to the 

2 first report required under subsection (d) of section 

3 570 of Public Law 104–208 that is required after 

4 the date of the enactment of this Act. 

5 (b) REPEALS.—The following provisions of law are 

6 hereby repealed: 

7 (1) Subsection (b) of section 804 of Public Law 

8 101–246. 

9 (2) Section 6 of Public Law 104–45. 

10 (3) Subsection (c) of section 702 of Public Law 

11 96–465 (22 U.S.C. 4022). 

12 (4) Section 404 of the Arms Control and Disar13 mament Act (22 U.S.C. 2593b). 

14 (5) Section 5 of Public Law 94–304 (22 U.S.C. 

15 3005). 

16 (6) Subsection (b) of section 502 of the Inter17 national Security and Development Cooperation Act 

18 of 1985 (22 U.S.C. 2349aa–7). 

19 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

20 Section 502 of the International Security and Develop21 ment Cooperation Act of 1985 (22 U.S.C. 2349aa–7) is 

22 amended by redesignating subsection (c) as subsection (b). 


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1 SEC. 1015. REPORTING ON IMPLEMENTATION OF GAO REC2 OMMENDATIONS. 

3 (a) INITIAL REPORT.—Not later than 120 days after 

4 the date of the enactment of this Act, the Secretary shall 

5 submit to the appropriate congressional committees a re6 port that lists all of the Government Accountability Of7 fice’s recommendations relating to the Department that 

8 have not been fully implemented. 

9 (b) IMPLEMENTATION REPORT.— 

10 (1) IN GENERAL.—Not later than 120 days 

11 after the date of the submission of the report re12 quired under subsection (a), the Secretary shall sub13 mit to the appropriate congressional committees a 

14 report that describes the implementation status of 

15 each recommendation from the Government Ac16 countability Office included in such report. 

17 (2) JUSTIFICATION.—The report under para18 graph (1) shall include— 

19 (A) a detailed justification for each deci20 sion not to fully implement a recommendation 

21 or to implement a recommendation in a dif22 ferent manner than specified by the Govern23 ment Accountability Office; 

24 (B) a timeline for the full implementation 

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1 cided to adopt, but has not yet fully imple2 mented; and 

3 (C) an explanation for any discrepancies 

4 included in the Comptroller General report sub5 mitted under subsection (b). 

6 (c) FORM.—The information required in each report 

7 under this section shall be submitted in unclassified form, 

8 to the maximum extent practicable, but may be included 

9 in a classified annex to the extent necessary. 

10 SEC. 1016. OFFICE OF GLOBAL CRIMINAL JUSTICE. 

11 (a) IN GENERAL.—There should be established with12 in the Department of State an Office of Global Criminal 

13 Justice (referred to in this section as the ‘‘Office’’), which 

14 may be placed within the organizational structure of the 

15 Department at the discretion of the Secretary. 

16 (b) DUTIES.—The Office should carry out the fol17 lowing: 

18 (1) Advise the Secretary of State and other rel19 evant senior officials on issues related to atrocities, 

20 including war crimes, crimes against humanity, and 

21 genocide. 

22 (2) Assist in formulating United States policy 

23 on the prevention of, responses to, and account24 ability for atrocities. 


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1 (3) Coordinate, as appropriate and with other 

2 relevant Federal departments and agencies, United 

3 States Government positions relating to the inter4 national and hybrid courts currently prosecuting 

5 persons suspected of atrocities around the world. 

6 (4) Work with other governments, international 

7 organizations, and nongovernmental organizations, 

8 as appropriate, to establish and assist international 

9 and domestic commissions of inquiry, fact-finding 

10 missions, and tribunals to investigate, document, 

11 and prosecute atrocities around the world. 

12 (5) Coordinate, as appropriate and with other 

13 relevant Federal departments and agencies, the de14 ployment of diplomatic, legal, economic, military, 

15 and other tools to help collect evidence of atrocities, 

16 judge those responsible, protect and assist victims, 

17 enable reconciliation, prevent and deter atrocities, 

18 and promote the rule of law. 

19 (6) Provide advice and expertise on transitional 

20 justice mechanisms to United States personnel oper21 ating in conflict and post-conflict environments. 

22 (7) Act as a point of contact for international, 

23 hybrid, and domestic tribunals exercising jurisdiction 

24 over atrocities committed around the world. 


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1 (8) Represent the Department on any inter2 agency whole-of-government coordinating entities ad3 dressing genocide and other atrocities. 

4 (9) Perform any additional duties and exercise 

5 such powers as the Secretary of State may prescribe. 

6 (c) SUPERVISION.—If established, the Office shall be 

7 led by an Ambassador-at-Large for Global Criminal Jus8 tice who is nominated by the President and appointed by 

9 and with the advice and consent of the Senate. 

10 TITLE II—EMBASSY 

11 CONSTRUCTION 

12 SEC. 1201. EMBASSY SECURITY, CONSTRUCTION, AND MAIN13 TENANCE. 

14 For ‘‘Embassy Security, Construction, and Mainte15 nance’’, there is authorized to be appropriated 

16 $1,950,449,000 for fiscal year 2022. 

17 SEC. 1202. STANDARD DESIGN IN CAPITAL CONSTRUCTION. 

18 (a) SENSE OF CONGRESS.—It is the sense of Con19 gress that the Department’s Bureau of Overseas Building 

20 Operations (OBO) or successor office should give appro21 priate consideration to standardization in construction, in 

22 which each new United States embassy and consulate 

23 starts with a standard design and keeps customization to 

24 a minimum. 


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1 (b) CONSULTATION.—The Secretary of State shall 

2 carry out any new United States embassy compound or 

3 new consulate compound project that utilizes a non-stand4 ard design, including those projects that are in the design 

5 or pre-design phase as of the date of the enactment of 

6 this Act, only in consultation with the appropriate con7 gressional committees. The Secretary shall provide the ap8 propriate congressional committees, for each such project, 

9 the following documentation: 

10 (1) A comparison of the estimated full lifecycle 

11 costs of the project to the estimated full lifecycle 

12 costs of such project if it were to use a standard de13 sign. 

14 (2) A comparison of the estimated completion 

15 date of such project to the estimated completion 

16 date of such project if it were to use a standard de17 sign. 

18 (3) A comparison of the security of the com19 pleted project to the security of such completed 

20 project if it were to use a standard design. 

21 (4) A justification for the Secretary’s selection 

22 of a non-standard design over a standard design for 

23 such project. 

24 (5) A written explanation if any of the docu25 mentation necessary to support the comparisons and 


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1 justification, as the case may be, described in para2 graphs (1) through (4) cannot be provided. 

3 (c) SUNSET.—The consultation requirement under 

4 subsection (b) shall expire on the date that is 4 years after 

5 the date of the enactment of this Act. 

6 SEC. 1203. CAPITAL CONSTRUCTION TRANSPARENCY. 

7 (a) IN GENERAL.—Section 118 of the Department of 

8 State Authorities Act, Fiscal Year 2017 (22 U.S.C. 304) 

9 is amended— 

10 (1) in the section heading, by striking ‘‘AN11 NUAL REPORT ON EMBASSY CONSTRUCTION

12 COSTS’’ and inserting ‘‘BIANNUAL REPORT ON

13 OVERSEAS CAPITAL CONSTRUCTION

14 PROJECTS’’; and 

15 (2) by striking subsections (a) and (b) and in16 serting the following new subsections: 

17 ‘‘(a) IN GENERAL.—Not later than 180 days after 

18 the date of the enactment of this subsection and every 180 

19 days thereafter until the date that is four years after such 

20 date of enactment, the Secretary of State shall submit to 

21 the appropriate congressional committees a comprehensive 

22 report regarding all ongoing overseas capital construction 

23 projects and major embassy security upgrade projects. 

24 ‘‘(b) CONTENTS.—Each report required under sub25 section (a) shall include the following with respect to each 


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1 ongoing overseas capital construction project and major 

2 embassy security upgrade project: 

3 ‘‘(1) The initial cost estimate as specified in the 

4 proposed allocation of capital construction and main5 tenance funds required by the Committees on Appro6 priations for Acts making appropriations for the De7 partment of State, foreign operations, and related 

8 programs. 

9 ‘‘(2) The current cost estimate. 

10 ‘‘(3) The value of each request for equitable ad11 justment received by the Department to date. 

12 ‘‘(4) The value of each certified claim received 

13 by the Department to date. 

14 ‘‘(5) The value of any usage of the project’s 

15 contingency fund to date and the value of the re16 mainder of the project’s contingency fund. 

17 ‘‘(6) An enumerated list of each request for ad18 justment and certified claim that remains out19 standing or unresolved. 

20 ‘‘(7) An enumerated list of each request for eq21 uitable adjustment and certified claim that has been 

22 fully adjudicated or that the Department has settled, 

23 and the final dollar amount of each adjudication or 

24 settlement. 


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1 ‘‘(8) The date of estimated completion specified 

2 in the proposed allocation of capital construction 

3 and maintenance funds required by the Committees 

4 on Appropriations not later than 45 days after the 

5 date of the enactment of an Act making appropria6 tions for the Department of State, foreign oper7 ations, and related programs. 

8 ‘‘(9) The current date of estimated comple9 tion.’’. 

10 (b) CLERICAL AMENDMENT.—The table of contents 

11 in section 1(b) of the Department of State Authorities 

12 Act, Fiscal Year 2017 is amended by amending the item 

13 relating to section 118 to read as follows: 

‘‘Sec. 118. Biannual report on overseas capital construction projects.’’. 

14 SEC. 1204. CONTRACTOR PERFORMANCE INFORMATION. 

15 (a) DEADLINE FOR COMPLETION.—The Secretary of 

16 State shall complete all contractor performance evalua17 tions outstanding as of the date of the enactment of this 

18 Act required by subpart 42.15 of the Federal Acquisition 

19 Regulation for those contractors engaged in construction 

20 of new embassy or new consulate compounds by April 1, 

21 2022. 

22 (b) PRIORITIZATION SYSTEM.— 

23 (1) IN GENERAL.—Not later than 90 days after 

24 the date of the enactment of this Act, the Secretary 

25 of State shall develop a prioritization system for 


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1 clearing the current backlog of required evaluations 

2 referred to in subsection (a). 

3 (2) ELEMENTS.—The system required under 

4 paragraph (1) should prioritize the evaluations as 

5 follows: 

6 (A) Project completion evaluations should 

7 be prioritized over annual evaluations. 

8 (B) Evaluations for relatively large con9 tracts should have priority. 

10 (C) Evaluations that would be particularly 

11 informative for the awarding of government 

12 contracts should have priority. 

13 (c) BRIEFING.—Not later than 90 days after the date 

14 of the enactment of this Act, the Secretary of State shall 

15 brief the appropriate congressional committees on the De16 partment’s plan for completing all evaluations by April 1, 

17 2022, in accordance with subsection (a) and the 

18 prioritization system developed pursuant to subsection (b). 

19 (d) SENSE OF CONGRESS.—It is the sense of Con20 gress that— 

21 (1) contractors deciding whether to bid on De22 partment contracts would benefit from greater un23 derstanding of the Department as a client; and 


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1 (2) the Department should develop a forum 

2 where contractors can comment on the Department’s 

3 project management performance. 

4 SEC. 1205. GROWTH PROJECTIONS FOR NEW EMBASSIES 

5 AND CONSULATES. 

6 (a) IN GENERAL.—For each new United States em7 bassy compound (NEC) and new consulate compound 

8 project (NCC) in or not yet in the design phase as of the 

9 date of the enactment of this Act, the Department of State 

10 shall project growth over the estimated life of the facility 

11 using all available and relevant data, including the fol12 lowing: 

13 (1) Relevant historical trends for Department 

14 personnel and personnel from other agencies rep15 resented at the NEC or NCC that is to be con16 structed. 

17 (2) An analysis of the tradeoffs between risk 

18 and the needs of United States Government policy 

19 conducted as part of the most recent Vital Presence 

20 Validation Process, if applicable. 

21 (3) Reasonable assumptions about the strategic 

22 importance of the NEC or NCC, as the case may be, 

23 over the life of the building at issue. 

24 (4) Any other data that would be helpful in pro25 jecting the future growth of NEC or NCC. 


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1 (b) OTHER FEDERAL AGENCIES.—The head of each 

2 Federal agency represented at a United States embassy 

3 or consulate shall provide to the Secretary, upon request, 

4 growth projections for the personnel of each such agency 

5 over the estimated life of each embassy or consulate, as 

6 the case may be. 

7 (c) BASIS FOR ESTIMATES.—The Department of 

8 State shall base its growth assumption for all NECs and 

9 NCCs on the estimates required under subsections (a) and 

10 (b). 

11 (d) CONGRESSIONAL NOTIFICATION.—Any congres12 sional notification of site selection for a NEC or NCC sub13 mitted after the date of the enactment of this Act shall 

14 include the growth assumption used pursuant to sub15 section (c). 

16 SEC. 1206. LONG-RANGE PLANNING PROCESS. 

17 (a) PLANS REQUIRED.— 

18 (1) IN GENERAL.—Not later than 180 days 

19 after the date of the enactment of this Act and an20 nually thereafter for the next five years as the Sec21 retary of State considers appropriate, the Secretary 

22 shall develop— 

23 (A) a comprehensive 6-year plan docu24 menting the Department’s overseas building 

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1 matic posts taking into account security factors 

2 under the Secure Embassy Construction and 

3 Counterterrorism Act of 1999 and other rel4 evant statutes and regulations, as well as occu5 pational safety and health factors pursuant to 

6 the Occupational Safety and Health Act of 

7 1970 and other relevant statutes and regula8 tions, including environmental factors such as 

9 indoor air quality that impact employee health 

10 and safety; and 

11 (B) a comprehensive 6-year plan detailing 

12 the Department’s long-term planning for the 

13 maintenance and sustainment of completed dip14 lomatic posts, which takes into account security 

15 factors under the Secure Embassy Construction 

16 and Counterterrorism Act of 1999 and other 

17 relevant statutes and regulations, as well as oc18 cupational safety and health factors pursuant to 

19 the Occupational Safety and Health Act of 

20 1970 and other relevant statutes and regula21 tions, including environmental factors such as 

22 indoor air quality that impact employee health 

23 and safety. 

24 (2) INITIAL REPORT.—The first plan developed 

25 pursuant to paragraph (1)(A) shall also include a 


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1 one-time status report on existing small diplomatic 

2 posts and a strategy for establishing a physical dip3 lomatic presence in countries in which there is no 

4 current physical diplomatic presence and with which 

5 the United States maintains diplomatic relations. 

6 Such report, which may include a classified annex, 

7 shall include the following: 

8 (A) A description of the extent to which 

9 each small diplomatic post furthers the national 

10 interest of the United States. 

11 (B) A description of how each small diplo12 matic post provides American Citizen Services, 

13 including data on specific services provided and 

14 the number of Americans receiving services over 

15 the previous year. 

16 (C) A description of whether each small 

17 diplomatic post meets current security require18 ments. 

19 (D) A description of the full financial cost 

20 of maintaining each small diplomatic post. 

21 (E) Input from the relevant chiefs of mis22 sion on any unique operational or policy value 

23 the small diplomatic post provides. 

24 (F) A recommendation of whether any 

25 small diplomatic posts should be closed. 


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1 (3) UPDATED INFORMATION.—The annual up2 dates of each of the plans developed pursuant to 

3 paragraph (1) shall highlight any changes from the 

4 previous year’s plan to the ordering of construction 

5 and maintenance projects. 

6 (b) REPORTING REQUIREMENTS.— 

7 (1) SUBMISSION OF PLANS TO CONGRESS.—Not 

8 later than 60 days after the completion of each plan 

9 required under subsection (a), the Secretary of State 

10 shall submit the plans to the appropriate congres11 sional committees. 

12 (2) REFERENCE IN BUDGET JUSTIFICATION

13 MATERIALS.—In the budget justification materials 

14 submitted to the appropriate congressional commit15 tees in support of the Department of State’s budget 

16 for any fiscal year (as submitted with the budget of 

17 the President under section 1105(a) of title 31, 

18 United States Code), the plans required under sub19 section (a) shall be referenced to justify funding re20 quested for building and maintenance projects over21 seas. 

22 (3) FORM OF REPORT.—Each report required 

23 under paragraph (1) shall be submitted in unclassi24 fied form but may include a classified annex. 


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1 (c) SMALL DIPLOMATIC POST DEFINED.—In this 

2 section, the term ‘‘small diplomatic post’’ means any 

3 United States embassy or consulate that has employed five 

4 or fewer United States Government employees or contrac5 tors on average over the 36 months prior to the date of 

6 the enactment of this Act. 

7 SEC. 1207. VALUE ENGINEERING AND RISK ASSESSMENT. 

8 (a) FINDINGS.—Congress makes the following find9 ings: 

10 (1) Federal departments and agencies are re11 quired to use value engineering (VE) as a manage12 ment tool, where appropriate, to reduce program and 

13 acquisition costs pursuant to OMB Circular A–131, 

14 Value Engineering, dated December 31, 2013. 

15 (2) OBO has a Policy Directive and Standard 

16 Operation Procedure, dated May 24, 2017, on con17 ducting risk management studies on all international 

18 construction projects. 

19 (b) NOTIFICATION REQUIREMENTS.— 

20 (1) SUBMISSION TO AUTHORIZING COMMIT21 TEES.—Any notification that includes the allocation 

22 of capital construction and maintenance funds shall 

23 be submitted to the Committee on Foreign Relations 

24 of the Senate and the Committee on Foreign Affairs 

25 of the House of Representatives. 


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1 (2) REQUIREMENT TO CONFIRM COMPLETION

2 OF VALUE ENGINEERING AND RISK ASSESSMENT

3 STUDIES.—The notifications required under para4 graph (1) shall include confirmation that the De5 partment has completed the requisite VE and risk 

6 management process described in subsection (a), or 

7 applicable successor process. 

8 (c) REPORTING AND BRIEFING REQUIREMENTS.— 

9 The Secretary of State shall provide to the appropriate 

10 congressional committees upon request— 

11 (1) a description of each risk management 

12 study referred to in subsection (a)(2) and a table de13 tailing which recommendations related to each such 

14 study were accepted and which were rejected; and 

15 (2) a report or briefing detailing the rationale 

16 for not implementing any such recommendations 

17 that may otherwise yield significant cost savings to 

18 the Department if implemented. 

19 SEC. 1208. BUSINESS VOLUME. 

20 Section 402(c)(2)(E) of the Omnibus Diplomatic Se21 curity and Antiterrorism Act of 1986 (22 U.S.C. 

22 4852(c)(2)(E)) is amended by striking ‘‘in 3 years’’ and 

23 inserting ‘‘cumulatively over 3 years’’. 


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1 SEC. 1209. EMBASSY SECURITY REQUESTS AND DEFI2 CIENCIES. 

3 The Secretary of State shall provide to the appro4 priate congressional committees, the Committee on Armed 

5 Services of the House of Representatives, and the Com6 mittee on Armed Services of the Senate upon request in7 formation on physical security deficiencies at United 

8 States diplomatic posts, including relating to the fol9 lowing: 

10 (1) Requests made over the previous year by 

11 United States diplomatic posts for security up12 grades. 

13 (2) Significant security deficiencies at United 

14 States diplomatic posts that are not operating out of 

15 a new embassy compound or new consulate com16 pound. 

17 SEC. 1210. OVERSEAS SECURITY BRIEFINGS. 

18 Not later than one year after the date of the enact19 ment of this Act, the Secretary of State shall revise the 

20 Foreign Affairs Manual to stipulate that information on 

21 the current threat environment shall be provided to all 

22 United States Government employees under chief of mis23 sion authority traveling to a foreign country on official 

24 business. To the extent practicable, such material shall be 

25 provided to such employees prior to their arrival at a 


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1 United States diplomatic post or as soon as possible there2 after. 

3 SEC. 1211. CONTRACTING METHODS IN CAPITAL CON4 STRUCTION. 

5 (a) DELIVERY.—Unless the Secretary of State noti6 fies the appropriate congressional committees that the use 

7 of the design-build project delivery method would not be 

8 appropriate, the Secretary shall make use of such method 

9 at United States diplomatic posts that have not yet re10 ceived design or capital construction contracts as of the 

11 date of the enactment of this Act. 

12 (b) NOTIFICATION.—Before executing a contract for 

13 a delivery method other than design-build in accordance 

14 with subsection (a), the Secretary of State shall notify the 

15 appropriate congressional committees in writing of the de16 cision, including the reasons therefor. The notification re17 quired by this subsection may be included in any other 

18 report regarding a new United States diplomatic post that 

19 is required to be submitted to the appropriate congres20 sional committees. 

21 (c) PERFORMANCE EVALUATION.—Not later than 

22 180 days after the date of the enactment of this Act, the 

23 Secretary of State shall report to the appropriate congres24 sional committees regarding performance evaluation meas25 ures in accordance with GAO’s ‘‘Standards for Internal 


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1 Control in the Federal Government’’ that will be applica2 ble to design and construction, lifecycle cost, and building 

3 maintenance programs of the Bureau of Overseas Build4 ing Operations of the Department. 

5 SEC. 1212. COMPETITION IN EMBASSY CONSTRUCTION. 

6 Not later than 45 days after the date of the enact7 ment of this Act, the Secretary of State shall submit to 

8 the appropriate congressional committee a report detailing 

9 steps the Department of State is taking to expand the em10 bassy construction contractor base in order to increase 

11 competition and maximize value. 

12 SEC. 1213. STATEMENT OF POLICY. 

13 It is the policy of the United States that the Bureau 

14 of Overseas Building Operations of the Department or its 

15 successor office shall continue to balance functionality and 

16 security with accessibility, as defined by guidelines estab17 lished by the United States Access Board in constructing 

18 embassies and consulates, and shall ensure compliance 

19 with the Architectural Barriers Act of 1968 (42 U.S.C. 

20 4151 et seq.) to the fullest extent possible. 

21 SEC. 1214. DEFINITIONS. 

22 In this title: 

23 (1) DESIGN-BUILD.—The term ‘‘design-build’’ 

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1 tity works under a single contract with the Depart2 ment to provide design and construction services. 

3 (2) NON-STANDARD DESIGN.—The term ‘‘non4 standard design’’ means a design for a new embassy 

5 compound project or new consulate compound 

6 project that does not utilize a standardized design 

7 for the structural, spatial, or security requirements 

8 of such embassy compound or consulate compound, 

9 as the case may be. 

10 TITLE III—PERSONNEL ISSUES 

11 SEC. 1301. DEFENSE BASE ACT INSURANCE WAIVERS. 

12 (a) APPLICATION FOR WAIVERS.—Not later than 30 

13 days after the date of the enactment of this Act, the Sec14 retary of State shall apply to the Department of Labor 

15 for a waiver from insurance requirements under the De16 fense Base Act (42 U.S.C. 1651 et seq.) for all countries 

17 with respect to which the requirement was waived prior 

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

19 waiver. 

20 (b) CERTIFICATION REQUIREMENT.—Not later than 

21 45 days after the date of the enactment of this Act, the 

22 Secretary of State shall certify to the appropriate congres23 sional committees that the requirement in subsection (a) 

24 has been met. 


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1 SEC. 1302. STUDY ON FOREIGN SERVICE ALLOWANCES. 

2 (a) REPORT REQUIRED.— 

3 (1) IN GENERAL.—Not later than one year 

4 after date of the enactment of this Act, the Sec5 retary of State shall submit to the appropriate con6 gressional committees a report detailing an empirical 

7 analysis on the effect of overseas allowances on the 

8 foreign assignment of Foreign Service officers 

9 (FSOs), to be conducted by a federally-funded re10 search and development center with appropriate ex11 pertise in labor economics and military compensa12 tion. 

13 (2) CONTENTS.—The analysis required under 

14 paragraph (1) shall— 

15 (A) identify all allowances paid to FSOs 

16 assigned permanently or on temporary duty to 

17 foreign areas; 

18 (B) examine the efficiency of the Foreign 

19 Service bidding system in determining foreign 

20 assignments; 

21 (C) examine the factors that incentivize 

22 FSOs to bid on particular assignments, includ23 ing danger levels and hardship conditions; 

24 (D) examine the Department’s strategy 

25 and process for incentivizing FSOs to bid on 

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1 mand, including with monetary compensation, 

2 and whether monetary compensation is nec3 essary for assignments in higher demand; 

4 (E) make any relevant comparisons to 

5 military compensation and allowances, noting 

6 which allowances are shared or based on the 

7 same regulations; 

8 (F) recommend options for restructuring 

9 allowances to improve the efficiency of the as10 signments system and better align FSO incen11 tives with the needs of the Foreign Service, in12 cluding any cost savings associated with such 

13 restructuring; 

14 (G) recommend any statutory changes nec15 essary to implement subparagraph (F), such as 

16 consolidating existing legal authorities for the 

17 provision of hardship and danger pay; and 

18 (H) detail any effects of recommendations 

19 made pursuant to subparagraphs (F) and (G) 

20 on other United States Government depart21 ments and agencies with civilian employees per22 manently assigned or on temporary duty in for23 eign areas, following consultation with such de24 partments and agencies. 


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1 (b) BRIEFING REQUIREMENT.—Before initiating the 

2 analysis required under subsection (a)(1), and not later 

3 than 60 days after the date of the enactment of this Act, 

4 the Secretary of State shall provide to the Committee on 

5 Foreign Relations of the Senate and the Committee on 

6 Foreign Affairs in the House of Representatives a briefing 

7 on the implementation of this section that includes the fol8 lowing: 

9 (1) The name of the federally funded research 

10 and development center that will conduct such anal11 ysis. 

12 (2) The scope of such analysis and terms of ref13 erence for such analysis as specified between the De14 partment of State and such federally funded re15 search and development center. 

16 (c) AVAILABILITY OF INFORMATION.— 

17 (1) IN GENERAL.—The Secretary of State shall 

18 make available to the federally-funded research and 

19 development center carrying out the analysis re20 quired under subsection (a)(1) all necessary and rel21 evant information to allow such center to conduct 

22 such analysis in a quantitative and analytical man23 ner, including historical data on the number of bids 

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1 lected by the Department of State from eligible bid2 ders on their bid decision-making. 

3 (2) COOPERATION.—The Secretary of State 

4 shall work with the heads of other relevant United 

5 States Government departments and agencies to en6 sure such departments and agencies provide all nec7 essary and relevant information to the federally8 funded research and development center carrying 

9 out the analysis required under subsection (a)(1). 

10 (d) INTERIM REPORT TO CONGRESS.—The Secretary 

11 of State shall require that the chief executive officer of 

12 the federally-funded research and development center that 

13 carries out the analysis required under subsection (a)(1) 

14 submit to the Committee on Foreign Relations of the Sen15 ate and the Committee on Foreign Affairs of the House 

16 of Representatives an interim report on such analysis not 

17 later than 180 days after the date of the enactment of 

18 this Act. 

19 SEC. 1303. SCIENCE AND TECHNOLOGY FELLOWSHIPS. 

20 Section 504 of the Foreign Relations Authorization 

21 Act, Fiscal Year 1979 (22 U.S.C. 2656d) is amended by 

22 adding at the end the following new subsection: 

23 ‘‘(e) GRANTS AND COOPERATIVE AGREEMENTS RE24 LATED TO SCIENCE AND TECHNOLOGY FELLOWSHIP

25 PROGRAMS.— 


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1 ‘‘(1) IN GENERAL.—The Secretary of State is 

2 authorized to make grants or enter into cooperative 

3 agreements related to Department of State science 

4 and technology fellowship programs, including for 

5 assistance in recruiting fellows and the payment of 

6 stipends, travel, and other appropriate expenses to 

7 fellows. 

8 ‘‘(2) EXCLUSION FROM CONSIDERATION AS

9 COMPENSATION.—Stipends under paragraph (1) 

10 shall not be considered compensation for purposes of 

11 section 209 of title 18, United States Code. 

12 ‘‘(3) MAXIMUM ANNUAL AMOUNT.—The total 

13 amount of grants made pursuant to this subsection 

14 may not exceed $500,000 in any fiscal year.’’. 

15 SEC. 1304. TRAVEL FOR SEPARATED FAMILIES. 

16 Section 901(15) of the Foreign Service Act of 1980 

17 (22 U.S.C. 4081(15)) is amended— 

18 (1) in the matter preceding subparagraph (A), 

19 by striking ‘‘1 round-trip per year for each child 

20 below age 21 of a member of the Service assigned 

21 abroad’’ and inserting ‘‘in the case of one or more 

22 children below age 21 of a member of the Service as23 signed abroad, one round-trip per year’’; 

24 (2) in subparagraph (A)— 


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1 (A) by inserting ‘‘for each child’’ before 

2 ‘‘to visit the member abroad’’; and 

3 (B) by striking ‘‘; or’’ and inserting a 

4 comma; 

5 (3) in subparagraph (B)— 

6 (A) by inserting ‘‘for each child’’ before 

7 ‘‘to visit the other parent’’; and 

8 (B) by inserting ‘‘or’’ after ‘‘resides,’’; 

9 (4) by inserting after subparagraph (B) the fol10 lowing new subparagraph: 

11 ‘‘(C) for one of the child’s parents to visit 

12 the child or children abroad if the child or chil13 dren do not regularly reside with that parent 

14 and that parent is not receiving an education 

15 allowance or educational travel allowance for 

16 the child or children under section 5924(4) of 

17 title 5, United States Code,’’; and 

18 (5) in the matter following subparagraph (C), 

19 as added by paragraph (4) of this section, by strik20 ing ‘‘a payment’’ and inserting ‘‘the cost of round21 trip travel’’. 

22 SEC. 1305. HOME LEAVE TRAVEL FOR SEPARATED FAMI23 LIES. 

24 Section 903(b) of the Foreign Service Act of 1980 

25 (22 U.S.C. 4083(b)) is amended by adding at the end the 


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1 following new sentence: ‘‘In cases in which a member of 

2 the Service has official orders to an unaccompanied post 

3 and in which the family members of the member reside 

4 apart from the member at authorized locations outside the 

5 United States, the member may take the leave ordered 

6 under this section where that member’s family members 

7 reside, notwithstanding section 6305 of title 5, United 

8 States Code.’’. 

9 SEC. 1306. SENSE OF CONGRESS REGARDING CERTAIN FEL10 LOWSHIP PROGRAMS. 

11 It is the sense of Congress that Department fellow12 ships that promote the employment of candidates belong13 ing to under-represented groups, including the Charles B. 

14 Rangel International Affairs Graduate Fellowship Pro15 gram, the Thomas R. Pickering Foreign Affairs Fellow16 ship Program, and the Donald M. Payne International De17 velopment Fellowship Program, represent smart invest18 ments vital for building a strong, capable, and representa19 tive national security workforce. 

20 SEC. 1307. TECHNICAL CORRECTION. 

21 Subparagraph (A) of section 601(c)(6) of the Foreign 

22 Service Act of 1980 (22 U.S.C. 4001(c)(6)) is amended, 

23 in the matter preceding clause (i), by— 

24 (1) striking ‘‘promotion’’ and inserting ‘‘pro25 motion, on or after January 1, 2017,’’; and 


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1 (2) striking ‘‘individual joining the Service on 

2 or after January 1, 2017,’’ and inserting ‘‘Foreign 

3 Service officer, appointed under section 302(a)(1), 

4 who has general responsibility for carrying out the 

5 functions of the Service’’. 

6 SEC. 1308. FOREIGN SERVICE AWARDS. 

7 (a) IN GENERAL.—Section 614 of the Foreign Serv8 ice Act of 1980 (22 U.S.C. 4013) is amended— 

9 (1) by amending the section heading to read as 

10 follows: ‘‘DEPARTMENT AWARDS’’; and 

11 (2) in the first sentence, by inserting ‘‘or Civil 

12 Service’’ after ‘‘the Service’’. 

13 (b) CONFORMING AMENDMENT.—The item relating 

14 to section 614 in the table of contents of the Foreign Serv15 ice Act of 1980 is amended to read as follows: 

‘‘Sec. 614. Department awards.’’. 

16 SEC. 1309. WORKFORCE ACTIONS. 

17 (a) SENSE OF CONGRESS ON WORKFORCE RECRUIT18 MENT.—It is the sense of Congress that the Secretary of 

19 State should continue to hold entry-level classes for For20 eign Service officers and specialists and continue to recruit 

21 civil servants through programs such as the Presidential 

22 Management Fellows Program and Pathways Internship 

23 Programs in a manner and at a frequency consistent with 

24 prior years and consistent with the need to maintain a 

25 pool of experienced personnel effectively distributed across 


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1 skill codes and ranks. It is further the sense of Congress 

2 that absent continuous recruitment and training of For3 eign Service officers and civil servants, the Department 

4 of State will lack experienced, qualified personnel in the 

5 short, medium, and long terms. 

6 (b) LIMITATION.—The Secretary of State should not 

7 implement any reduction-in-force action under section 

8 3502 or 3595 of title 5, United States Code, or for any 

9 incentive payments for early separation or retirement 

10 under any other provision of law unless— 

11 (1) the appropriate congressional committees 

12 are notified not less than 15 days in advance of such 

13 obligation or expenditure; and 

14 (2) the Secretary has provided to the appro15 priate congressional committees a detailed report 

16 that describes the Department of State’s strategic 

17 staffing goals, including— 

18 (A) a justification that describes how any 

19 proposed workforce reduction enhances the ef20 fectiveness of the Department; 

21 (B) a certification that such workforce re22 duction is in the national interest of the United 

23 States; 

24 (C) a comprehensive strategic staffing plan 

25 for the Department, including 5-year workforce 


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1 forecasting and a description of the anticipated 

2 impact of any proposed workforce reduction; 

3 and 

4 (D) a dataset displaying comprehensive 

5 workforce data for all current and planned em6 ployees of the Department, disaggregated by— 

7 (i) Foreign Service officer and For8 eign Service specialist rank; 

9 (ii) civil service job skill code, grade 

10 level, and bureau of assignment; 

11 (iii) contracted employees, including 

12 the equivalent job skill code and bureau of 

13 assignment; and 

14 (iv) employees hired under schedule C 

15 of subpart C of part 213 of title 5, Code 

16 of Federal Regulations, including their 

17 equivalent grade and job skill code and bu18 reau of assignment. 

19 SEC. 1310. SENSE OF CONGRESS REGARDING VETERANS 

20 EMPLOYMENT AT THE DEPARTMENT OF 

21 STATE. 

22 It is the sense of Congress that— 

23 (1) the Department of State should continue to 

24 promote the employment of veterans, in accordance 

25 with section 301 of the Foreign Service Act of 1980 


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1 (22 U.S.C. 3941), as amended by section 1407 of 

2 this Act, including those veterans belonging to tradi3 tionally under-represented groups at the Depart4 ment; 

5 (2) veterans employed by the Department have 

6 made significant contributions to United States for7 eign policy in a variety of regional and global affairs 

8 bureaus and diplomatic posts overseas; and 

9 (3) the Department should continue to encour10 age veteran employment and facilitate their partici11 pation in the workforce. 

12 SEC. 1311. EMPLOYEE ASSIGNMENT RESTRICTIONS AND 

13 PRECLUSIONS. 

14 (a) SENSE OF CONGRESS.—It is the sense of Con15 gress that the Department of State should expand the ap16 peal process it makes available to employees related to as17 signment preclusions and restrictions. 

18 (b) APPEAL OF ASSIGNMENT RESTRICTION OR PRE19 CLUSION.—Subsection (a) of section 414 of the Depart20 ment of State Authorities Act, Fiscal Year 2017 (22 

21 U.S.C. 2734c(a)) is amended by adding at the end the 

22 following new sentences: ‘‘Such right and process shall en23 sure that any employee subjected to an assignment restric24 tion or preclusion shall have the same appeal rights as 

25 provided by the Department regarding denial or revocation 


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1 of a security clearance. Any such appeal shall be resolved 

2 not later than 60 days after such appeal is filed.’’. 

3 (c) NOTICE AND CERTIFICATION.—Not later than 90 

4 days after the date of the enactment of this Act, the Sec5 retary of State shall revise, and certify to the Committee 

6 on Foreign Affairs of the House of Representatives and 

7 the Committee on Foreign Relations of the Senate regard8 ing such revision, the Foreign Affairs Manual guidance 

9 regarding denial or revocation of a security clearance to 

10 expressly state that all review and appeal rights relating 

11 thereto shall also apply to any recommendation or decision 

12 to impose an assignment restriction or preclusion to an 

13 employee. 

14 SEC. 1312. RECALL AND REEMPLOYMENT OF CAREER MEM15 BERS. 

16 (a) SENSE OF CONGRESS.—It is the sense of Con17 gress that— 

18 (1) career Department of State employees pro19 vide invaluable service to the United States as non20 partisan professionals who contribute subject matter 

21 expertise and professional skills to the successful de22 velopment and execution of United States foreign 

23 policy; and 

24 (2) reemployment of skilled former members of 

25 the Foreign and civil service who have voluntarily 


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1 separated from the Foreign or civil service due to 

2 family reasons or to obtain professional skills outside 

3 government is of benefit to the Department. 

4 (b) NOTICE OF EMPLOYMENT OPPORTUNITIES FOR

5 DEPARTMENT OF STATE AND USAID POSITIONS.— 

6 (1) IN GENERAL.—Title 5, United States Code, 

7 is amended by inserting after chapter 102 the fol8 lowing new chapter: 

9 ‘‘CHAPTER 103—NOTICE OF EMPLOYMENT 

10 OPPORTUNITIES FOR DEPARTMENT 

11 OF STATE AND USAID POSITIONS 

‘‘Sec. 

‘‘10301. Notice of employment opportunities for Department of State and 

USAID positions. 

12 ‘‘§ 10301. Notice of employment opportunities for De13 partment of State and USAID positions 

14 ‘‘To ensure that individuals who have separated from 

15 the Department of State or the United States Agency for 

16 International Development and who are eligible for re17 appointment are aware of such opportunities, the Depart18 ment of State and the United States Agency for Inter19 national Development shall publicize notice of all employ20 ment opportunities, including positions for which the rel21 evant agency is accepting applications from individuals 

22 within the agency’s workforce under merit promotion pro23 cedures, on publicly accessible sites, including 

24 www.usajobs.gov. If using merit promotion procedures, the 


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1 notice shall expressly state that former employees eligible 

2 for reinstatement may apply.’’. 

3 (2) CLERICAL AMENDMENT.—The table of 

4 chapters at the beginning of part III of title 5, 

5 United States Code, is amended by adding at the 

6 end of subpart I the following: 

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

7 SEC. 1313. STRATEGIC STAFFING PLAN FOR THE DEPART8 MENT OF STATE. 

9 (a) IN GENERAL.—Not later than 18 months after 

10 the date of the enactment of this Act, the Secretary of 

11 State shall submit to the appropriate congressional com12 mittees a comprehensive 5-year strategic staffing plan for 

13 the Department of State that is aligned with and furthers 

14 the objectives of the National Security Strategy of the 

15 United States of America issued in December 2017, or 

16 any subsequent strategy issued not later than 18 months 

17 after the date of the enactment of this Act, which shall 

18 include the following: 

19 (1) A dataset displaying comprehensive work20 force data, including all shortages in bureaus de21 scribed in GAO report GAO–19–220, for all current 

22 and planned employees of the Department, 

23 disaggregated by— 


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1 (A) Foreign Service officer and Foreign 

2 Service specialist rank; 

3 (B) civil service job skill code, grade level, 

4 and bureau of assignment; 

5 (C) contracted employees, including the 

6 equivalent job skill code and bureau of assign7 ment; 

8 (D) employees hired under schedule C of 

9 subpart C of part 213 of title 5, Code of Fed10 eral Regulations, including the equivalent grade 

11 and job skill code and bureau of assignment of 

12 such employee; and 

13 (E) overseas region. 

14 (2) Recommendations on the number of For15 eign Service officers disaggregated by service cone 

16 that should be posted at each United States diplo17 matic post and in the District of Columbia, with a 

18 detailed basis for such recommendations. 

19 (3) Recommendations on the number of civil 

20 service officers that should be employed by the De21 partment, with a detailed basis for such rec22 ommendations. 

23 (b) MAINTENANCE.—The dataset required under 

24 subsection (a)(1) shall be maintained and updated on a 

25 regular basis. 


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1 (c) CONSULTATION.—The Secretary of State shall 

2 lead the development of the plan required under sub3 section (a) but may consult or partner with private sector 

4 entities with expertise in labor economics, management, 

5 or human resources, as well as organizations familiar with 

6 the demands and needs of the Department of State’s 

7 workforce. 

8 (d) REPORT.—Not later than 120 days after the date 

9 of the enactment of this Act, the Secretary of State shall 

10 submit to the appropriate congressional committees a re11 port regarding root causes of Foreign Service and civil 

12 service shortages, the effect of such shortages on national 

13 security objectives, and the Department of State’s plan to 

14 implement recommendations described in GAO–19–220. 

15 SEC. 1314. CONSULTING SERVICES. 

16 (a) IN GENERAL.—Chapter 103 of title 5, United 

17 States Code, as added by section 1312(b) of this Act, is 

18 amended by adding at the end the following: 

19 ‘‘§ 10302. Consulting services for the Department of 

20 State 

21 ‘‘Any consulting service obtained by the Department 

22 of State through procurement contract pursuant to section 

23 3109 of title 5, United States Code, shall be limited to 

24 those contracts with respect to which expenditures are a 

25 matter of public record and available for public inspection, 


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1 except if otherwise provided under existing law, or under 

2 existing Executive order issued pursuant to existing law.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 for chapter 103 of title 5, United States Code, as added 

5 by section 1312(b) of this Act, is amended by adding after 

6 the item relating to section 10301 the following new item: 

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

7 SEC. 1315. INCENTIVES FOR CRITICAL POSTS. 

8 Section 1115(d) of the Supplemental Appropriations 

9 Act, 2009 (Public Law 111–32) is amended by striking 

10 the last sentence. 

11 SEC. 1316. EXTENSION OF AUTHORITY FOR CERTAIN AC12 COUNTABILITY REVIEW BOARDS. 

13 Section 301(a)(3) of the Omnibus Diplomatic Secu14 rity and Antiterrorism Act of 1986 (22 U.S.C. 

15 4831(a)(3)) is amended— 

16 (1) in the heading, by striking ‘‘AFGHANISTAN

17 AND’’ and inserting ‘‘AFGHANISTAN, YEMEN, SYRIA, 

18 AND’’; and 

19 (2) in subparagraph (A)— 

20 (A) in clause (i), by striking ‘‘Afghanistan 

21 or’’ and inserting ‘‘Afghanistan, Yemen, Syria, 

22 or’’; and 

23 (B) in clause (ii), by striking ‘‘beginning 

24 on October 1, 2005, and ending on September 


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1 30, 2009’’ and inserting ‘‘beginning on October 

2 1, 2020, and ending on September 30, 2022’’. 

3 SEC. 1317. FOREIGN SERVICE SUSPENSION WITHOUT PAY. 

4 Subsection (c) of section 610 of the Foreign Service 

5 Act of 1980 (22 U.S.C. 4010) is amended— 

6 (1) in paragraph (1), in the matter preceding 

7 subparagraph (A), by striking ‘‘suspend’’ and insert8 ing ‘‘indefinitely suspend without duties’’; 

9 (2) by redesignating paragraph (5) as para10 graph (7); 

11 (3) by inserting after paragraph (4) the fol12 lowing new paragraphs: 

13 ‘‘(5) For each member of the Service suspended 

14 under paragraph (1)(A) whose security clearance remains 

15 suspended for more than one calendar year, not later than 

16 30 days after the end of such calendar year the Secretary 

17 of State shall report to the Committee on Foreign Affairs 

18 of the House of Representatives and the Committee on 

19 Foreign Relations of the Senate in writing regarding the 

20 specific reasons relating to the duration of each such sus21 pension. 

22 ‘‘(6) Any member of the Service suspended under 

23 paragraph (1)(B) may be suspended without pay only 

24 after a final written decision is provided to such member 

25 pursuant to paragraph (2).’’; and 


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1 (4) in paragraph (7), as so redesignated— 

2 (A) by striking ‘‘(7) In this subsection:’’; 

3 (B) in subparagraph (A), by striking ‘‘(A) 

4 The term’’ and inserting the following: 

5 ‘‘(7) In this subsection, the term—’’; 

6 (C) by redesignating clauses (i) and (ii) as 

7 subparagraphs (A) and (B), respectively, and 

8 moving such subparagraphs 2 ems to the left; 

9 and 

10 (D) by striking subparagraph (B) (relating 

11 to the definition of ‘‘suspend’’ and ‘‘suspen12 sion’’). 

13 SEC. 1318. FOREIGN AFFAIRS MANUAL AND FOREIGN AF14 FAIRS HANDBOOK CHANGES. 

15 (a) APPLICABILITY.—The Foreign Affairs Manual 

16 and the Foreign Affairs Handbook apply with equal force 

17 and effect and without exception to all Department of 

18 State personnel, including the Secretary of State, Depart19 ment employees, and political appointees, regardless of an 

20 individual’s status as a Foreign Service officer, Civil Serv21 ice employee, or political appointee hired under any legal 

22 authority. 

23 (b) CERTIFICATION.—Not later than 30 days after 

24 the date of the enactment of this Act, the Secretary of 

25 State shall submit to the appropriate congressional comVerDate Sep 11 2014 23:55 May 19, 2021 Jkt 019200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\H1157.RFS H1157

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1 mittees a certification in unclassified form that the appli2 cability described in subsection (a) has been commu3 nicated to all Department personnel, including the per4 sonnel referred to in such subsection. 

5 (c) REPORT.— 

6 (1) IN GENERAL.—Not later than 180 days 

7 after the date of the enactment of this Act and every 

8 180 days thereafter for five years, the Secretary of 

9 State shall submit to the appropriate congressional 

10 committees a report detailing all significant changes 

11 made to the Foreign Affairs Manual or the Foreign 

12 Affairs Handbook. 

13 (2) COVERED PERIODS.—The first report re14 quired under paragraph (1) shall cover the 5-year 

15 period preceding the submission of such report. 

16 Each subsequent report shall cover the 180-day pe17 riod preceding submission. 

18 (3) CONTENTS.—Each report required under 

19 paragraph (1) shall contain the following: 

20 (A) The location within the Foreign Af21 fairs Manual or the Foreign Affairs Handbook 

22 where a change has been made. 

23 (B) The statutory basis for each such 

24 change, as applicable. 


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1 (C) A side-by-side comparison of the For2 eign Affairs Manual or Foreign Affairs Hand3 book before and after such change. 

4 (D) A summary of such changes displayed 

5 in spreadsheet form. 

6 SEC. 1319. WAIVER AUTHORITY FOR INDIVIDUAL OCCUPA7 TIONAL REQUIREMENTS OF CERTAIN POSI8 TIONS. 

9 The Secretary of State may waive any or all of the 

10 individual occupational requirements with respect to an 

11 employee or prospective employee of the Department of 

12 State for a civilian position categorized under the GS– 

13 0130 occupational series if the Secretary determines that 

14 the individual possesses significant scientific, techno15 logical, engineering, or mathematical expertise that is inte16 gral to performing the duties of the applicable position, 

17 based on demonstrated job performance and qualifying ex18 perience. With respect to each waiver granted under this 

19 subsection, the Secretary shall set forth in a written docu20 ment that is transmitted to the Director of the Office of 

21 Personnel Management the rationale for the decision of 

22 the Secretary to waive such requirements. 


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1 SEC. 1320. APPOINTMENT OF EMPLOYEES TO THE GLOBAL 

2 ENGAGEMENT CENTER. 

3 The Secretary of State may appoint, for a 3-year pe4 riod that may be extended for up to an additional two 

5 years, solely to carry out the functions of the Global En6 gagement Center, employees of the Department of State 

7 without regard to the provisions of title 5, United States 

8 Code, governing appointment in the competitive service, 

9 and may fix the basic compensation of such employees 

10 without regard to chapter 51 and subchapter III of chap11 ter 53 of such title. 

12 SEC. 1321. REST AND RECUPERATION AND OVERSEAS OP13 ERATIONS LEAVE FOR FEDERAL EMPLOYEES. 

14 (a) IN GENERAL.—Subchapter II of chapter 63 of 

15 title 5, United States Code, is amended by adding at the 

16 end the following new sections: 

17 ‘‘§ 6329d. Rest and recuperation leave 

18 ‘‘(a) DEFINITIONS.—In this section— 

19 ‘‘(1) the term ‘agency’ means an Executive 

20 agency (as that term is defined in section 105), but 

21 does not include the Government Accountability Of22 fice; 

23 ‘‘(2) the term ‘combat zone’ means a geo24 graphic area designated by an Executive order of the 

25 President as an area in which the Armed Forces are 

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1 ignated by law to be treated as a combat zone, or 

2 a location the Department of Defense has certified 

3 for combat zone tax benefits due to its direct sup4 port of military operations; 

5 ‘‘(3) the term ‘employee’ has the meaning given 

6 that term in section 6301; 

7 ‘‘(4) the term ‘high risk, high threat post’ has 

8 the meaning given that term in section 104 of the 

9 Omnibus Diplomatic Security and Antiterrorism Act 

10 of 1986 (22 U.S.C. 4803); and 

11 ‘‘(5) the term ‘leave year’ means the period be12 ginning on the first day of the first complete pay pe13 riod in a calendar year and ending on the day imme14 diately before the first day of the first complete pay 

15 period in the following calendar year. 

16 ‘‘(b) LEAVE FOR REST AND RECUPERATION.—The 

17 head of an agency may prescribe regulations to grant up 

18 to 20 days of paid leave, per leave year, for the purposes 

19 of rest and recuperation to an employee of the agency 

20 serving in a combat zone, any other high risk, high threat 

21 post, or any other location presenting significant security 

22 or operational challenges. 

23 ‘‘(c) DISCRETIONARY AUTHORITY OF AGENCY

24 HEAD.—Use of the authority under subsection (b) is at 


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1 the sole and exclusive discretion of the head of the agency 

2 concerned. 

3 ‘‘(d) RECORDS.—An agency shall record leave pro4 vided under this section separately from leave authorized 

5 under any other provision of law. 

6 ‘‘§ 6329e. Overseas operations leave 

7 ‘‘(a) DEFINITIONS.—In this section— 

8 ‘‘(1) the term ‘agency’ means an Executive 

9 agency (as that term is defined in section 105), but 

10 does not include the Government Accountability Of11 fice; 

12 ‘‘(2) the term ‘employee’ has the meaning given 

13 that term in section 6301; and 

14 ‘‘(3) the term ‘leave year’ means the period be15 ginning with the first day of the first complete pay 

16 period in a calendar year and ending with the day 

17 immediately before the first day of the first complete 

18 pay period in the following calendar year. 

19 ‘‘(b) LEAVE FOR OVERSEAS OPERATIONS.—The head 

20 of an agency may prescribe regulations to grant up to 10 

21 days of paid leave, per leave year, to an employee of the 

22 agency serving abroad where the conduct of business could 

23 pose potential security or safety related risks or would be 

24 inconsistent with host-country practice. Such regulations 

25 may provide that additional leave days may be granted 


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1 during such leave year if the head of the agency deter2 mines that to do so is necessary to advance the national 

3 security or foreign policy interests of the United States. 

4 ‘‘(c) DISCRETIONARY AUTHORITY OF AGENCY

5 HEAD.—Use of the authority under subsection (b) is at 

6 the sole and exclusive discretion of the head of the agency 

7 concerned. 

8 ‘‘(d) RECORDS.—An agency shall record leave pro9 vided under this section separately from leave authorized 

10 under any other provision of law.’’. 

11 (b) CLERICAL AMENDMENTS.—The table of sections 

12 at the beginning of such chapter is amended by inserting 

13 after the item relating to section 6329c the following new 

14 items: 

‘‘6329d. Rest and recuperation leave 

‘‘6329e. Overseas operations leave’’. 

15 SEC. 1322. EMERGENCY MEDICAL SERVICES AUTHORITY. 

16 Section 3 of the State Department Basic Authorities 

17 Act of 1956 (22 U.S.C. 2670) is amended— 

18 (1) in subsection (l), by striking ‘‘and’’ after 

19 the semicolon; 

20 (2) in subsection (m), by striking the period 

21 and inserting ‘‘; and’’; and 

22 (3) by adding at the end the following new sub23 section: 


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1 ‘‘(n) in exigent circumstances, as determined by 

2 the Secretary, provide emergency medical services or 

3 related support for private United States citizens, 

4 nationals, and permanent resident aliens abroad, or 

5 third country nationals connected to such persons or 

6 to the diplomatic or development missions of the 

7 United States abroad, who are unable to obtain such 

8 services or support otherwise, with such assistance 

9 provided on a reimbursable basis to the extent fea10 sible.’’. 

11 SEC. 1323. DEPARTMENT OF STATE STUDENT INTERNSHIP 

12 PROGRAM. 

13 (a) IN GENERAL.—The Secretary of State shall es14 tablish the Department of State Student Internship Pro15 gram (in this section referred to as the ‘‘Program’’) to 

16 offer internship opportunities at the Department of State 

17 to eligible students to raise awareness of the essential role 

18 of diplomacy in the conduct of United States foreign policy 

19 and the realization of United States foreign policy objec20 tives. 

21 (b) ELIGIBILITY.—To be eligible to participate in the 

22 Program, an applicant shall— 

23 (1) be enrolled, not less than half-time, at— 


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1 (A) an institution of higher education (as 

2 such term is defined section 102 of the Higher 

3 Education Act of 1965 (20 U.S.C. 1002)); or 

4 (B) an institution of higher education 

5 based outside the United States, as determined 

6 by the Secretary of State; 

7 (2) be able to receive and hold an appropriate 

8 security clearance; and 

9 (3) satisfy such other criteria as established by 

10 the Secretary. 

11 (c) SELECTION.—The Secretary of State shall estab12 lish selection criteria for students to be admitted into the 

13 Program that includes the following: 

14 (1) Demonstrable interest in a career in foreign 

15 affairs. 

16 (2) Academic performance. 

17 (3) Such other criteria as determined by the 

18 Secretary. 

19 (d) OUTREACH.—The Secretary of State shall adver20 tise the Program widely, including on the internet, 

21 through the Department of State’s Diplomats in Resi22 dence program, and through other outreach and recruiting 

23 initiatives targeting undergraduate and graduate students. 

24 The Secretary shall actively encourage people belonging to 

25 traditionally under-represented groups in terms of racial, 


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1 ethnic, geographic, and gender diversity, and disability 

2 status to apply to the Program, including by conducting 

3 targeted outreach at minority serving institutions (as such 

4 term is described in section 371(a) of the Higher Edu5 cation Act of 1965 (20 U.S.C. 1067q(a)). 

6 (e) COMPENSATION.— 

7 (1) IN GENERAL.—Students participating in the 

8 Program shall be paid at least— 

9 (A) the amount specified in section 6(a)(1) 

10 of the Fair Labor Standards Act of 1938 (29 

11 U.S.C. 206(a)(1)), or 

12 (B) the minimum wage of the jurisdiction 

13 in which the internship is located, 

14 whichever is greater. 

15 (2) HOUSING ASSISTANCE.— 

16 (A) ABROAD.—The Secretary of State 

17 shall provide housing assistance to a student 

18 participating in the Program whose permanent 

19 address is within the United States if the loca20 tion of the internship in which such student is 

21 participating is outside the United States. 

22 (B) DOMESTIC.—The Secretary of State is 

23 authorized to provide housing assistance to a 

24 student participating in the Program whose 

25 permanent address is within the United States 


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1 if the location of the internship in which such 

2 student is participating is more than 50 miles 

3 away from such student’s permanent address. 

4 (3) TRAVEL ASSISTANCE.—The Secretary of 

5 State shall provide a student participating in the 

6 Program whose permanent address is within the 

7 United States financial assistance to cover the costs 

8 of travel once to and once from the location of the 

9 internship in which such student is participating, in10 cluding travel by air, train, bus, or other transit as 

11 appropriate, if the location of such internship is— 

12 (A) more than 50 miles from such stu13 dent’s permanent address; or 

14 (B) outside the United States. 

15 (f) WORKING WITH INSTITUTIONS OF HIGHER EDU16 CATION.—The Secretary of State is authorized to enter 

17 into agreements with institutions of higher education to 

18 structure internships to ensure such internships satisfy 

19 criteria for academic programs in which participants in 

20 such internships are enrolled. 

21 (g) TRANSITION PERIOD.— 

22 (1) IN GENERAL.—Not later than two years 

23 after the date of the enactment of this Act, the Sec24 retary of State shall transition all unpaid internship 

25 programs of the Department, including the Foreign 


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1 Service Internship Program, to internship programs 

2 that offer compensation. Upon selection as a can3 didate for entry into an internship program of the 

4 Department after such date, a participant in such 

5 internship program shall be afforded the opportunity 

6 to forgo compensation, including if doing so allows 

7 such participant to receive college or university cur8 ricular credit. 

9 (2) EXCEPTION.—The transition required 

10 under paragraph (1) shall not apply in the case of 

11 unpaid internship programs of the Department of 

12 State that are part of the Virtual Student Federal 

13 Service internship program. 

14 (3) WAIVER.— 

15 (A) IN GENERAL.—The Secretary may 

16 waive the requirement under this subsection to 

17 transition an unpaid internship program of the 

18 Department to an internship program that of19 fers compensation if the Secretary determines 

20 and not later than 30 days after any such de21 termination submits to the appropriate congres22 sional committees a report that to do so would 

23 not be consistent with effective management 

24 goals. 


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1 (B) REPORT.—The report required under 

2 subparagraph (A) shall describe the reason why 

3 transitioning an unpaid internship program of 

4 the Department to an internship program that 

5 offers compensation would not be consistent 

6 with effective management goals, including any 

7 justification for maintaining such unpaid status 

8 indefinitely, or any additional authorities or re9 sources necessary to transition such unpaid pro10 gram to offer compensation in the future. 

11 (h) REPORTS.—Not later than 18 months after the 

12 date of the enactment of this Act, the Secretary of State 

13 shall submit to the Committee on Foreign Affairs of the 

14 House of Representatives and the Committee on Foreign 

15 Relations of a Senate a report that includes the following: 

16 (1) Data, to the extent collection of such infor17 mation is permissible by law, regarding the number 

18 of students, disaggregated by race, ethnicity, gender, 

19 institution of higher learning, home State, State 

20 where each student graduated from high school, and 

21 disability status, who applied to the Program, were 

22 offered a position, and participated. 

23 (2) Data on the number of security clearance 

24 investigations started for such students and the 

25 timeline for such investigations, including whether 


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1 such investigations were completed or if, and when, 

2 an interim security clearance was granted. 

3 (3) Information on expenditures on the Pro4 gram. 

5 (4) Information regarding the Department of 

6 State’s compliance with subsection (g). 

7 (i) VOLUNTARY PARTICIPATION.— 

8 (1) IN GENERAL.—Nothing in this section may 

9 be construed to compel any student who is a partici10 pant in an internship program of the Department of 

11 State to participate in the collection of the data or 

12 divulge any personal information. Such students 

13 shall be informed that their participation in the data 

14 collection contemplated by this section is voluntary. 

15 (2) PRIVACY PROTECTION.—Any data collected 

16 under this section shall be subject to the relevant 

17 privacy protection statutes and regulations applica18 ble to Federal employees. 

19 (j) SPECIAL HIRING AUTHORITY.—The Department 

20 of State may offer compensated internships for not more 

21 than 52 weeks, and select, appoint, employ, and remove 

22 individuals in such compensated internships without re23 gard to the provisions of law governing appointments in 

24 the competitive service. 


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1 (k) USE OF FUNDS.—Internships offered and com2 pensated by the Department subject to this section shall 

3 be funded by amounts appropriated pursuant to— 

4 (1) the authorization of appropriations under 

5 section 1001; and 

6 (2) any other Act. 

7 SEC. 1324. COMPETITIVE STATUS FOR CERTAIN EMPLOY8 EES HIRED BY INSPECTORS GENERAL TO 

9 SUPPORT THE LEAD IG MISSION. 

10 Subparagraph (A) of section 8L(d)(5) of the Inspec11 tor General Act of 1978 (5 U.S.C. App.) is amended by 

12 striking ‘‘a lead Inspector General for’’ and inserting ‘‘any 

13 of the Inspectors General specified in subsection (c) for 

14 oversight of’’. 

15 SEC. 1325. COOPERATION WITH OFFICE OF THE INSPECTOR 

16 GENERAL. 

17 (a) ADMINISTRATIVE DISCIPLINE.—Not later than 

18 30 days after the date of the enactment of this Act, the 

19 Secretary of State shall make explicit in writing to all De20 partment of State personnel, including the Secretary of 

21 State, Department employees, contractors, and political 

22 appointees, and shall consider updating the Foreign Af23 fairs Manual and the Foreign Affairs Handbook to explic24 itly specify, that if any of such personnel does not comply 

25 within 60 days with a request for an interview or access 


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1 to documents from the Office of the Inspector General of 

2 the Department such personnel may be subject to appro3 priate administrative discipline including, when cir4 cumstances warrant, suspension without pay or removal. 

5 (b) REPORT.— 

6 (1) IN GENERAL.—Not later than 180 days 

7 after the date of the enactment of this Act and on 

8 a quarterly basis thereafter, the Office of the Inspec9 tor General of the Department of State and the 

10 United States Agency for Global Media shall submit 

11 to the appropriate congressional committees and the 

12 Secretary of State a report in unclassified form de13 tailing the following: 

14 (A) The number of individuals who have 

15 failed to comply within 60 days with a request 

16 for an interview or access to documents from 

17 the Office of the Inspector General pertaining 

18 to a non-criminal matter. 

19 (B) The date on which such requests were 

20 initially made. 

21 (C) Any extension of time that was volun22 tarily granted to such individual by the Office 

23 of the Inspector General. 


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1 (D) The general subject matters regarding 

2 which the Office of the Inspector General has 

3 requested of such individuals. 

4 (2) FORM.—Additional information pertaining 

5 solely to the subject matter of a request described in 

6 paragraph (1) may be provided in a supplemental 

7 classified annex, if necessary, but all other informa8 tion required by the reports required under such 

9 paragraph shall be provided in unclassified form. 

10 SEC. 1326. INFORMATION ON EDUCATIONAL OPPORTUNI11 TIES FOR CHILDREN WITH SPECIAL EDU12 CATIONAL NEEDS CONSISTENT WITH THE IN13 DIVIDUALS WITH DISABILITIES EDUCATION 

14 ACT. 

15 Not later than March 31, 2022, and annually there16 after, the Director of the Office of Overseas Schools of 

17 the Department of State shall maintain and update a list 

18 of overseas schools receiving assistance from the Office 

19 and detailing the extent to which each such school provides 

20 special education and related services to children with dis21 abilities in accordance with part B of the Individuals with 

22 Disabilities Education Act (20 U.S.C. 1411 et seq.). Each 

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1 eign Service, Senior Foreign Service, and their eligible 

2 family members. 

3 SEC. 1327. IMPLEMENTATION OF GAP MEMORANDUM IN SE4 LECTION BOARD PROCESS. 

5 (a) IN GENERAL.—Section 603 of the Foreign Serv6 ice Act of 1980 (22 U.S.C. 4003) is amended by adding 

7 at the end the following new subsection: 

8 ‘‘(c)(1) A member of the Service or member of the 

9 Senior Foreign Service whose performance will be evalu10 ated by a selection board may submit to such selection 

11 board a gap memo in advance of such evaluation. 

12 ‘‘(2) Members of a selection board may not consider 

13 as negative the submission of a gap memo by a member 

14 described in paragraph (1) when evaluating the perform15 ance of such member. 

16 ‘‘(3) In this subsection, the term ‘gap memo’ means 

17 a written record, submitted to a selection board in a stand18 ard format established by the Director General of the For19 eign Service, which indicates and explains a gap in the 

20 record of a member of the Service or member of the Senior 

21 Foreign Service whose performance will be evaluated by 

22 such selection board, which gap is due to personal cir23 cumstances, including for health, family, or other reason 

24 as determined by the Director General in consultation with 

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1 resentatives and the Committee on Foreign Relations of 

2 the Senate.’’. 

3 (b) CONSULTATION AND GUIDANCE.— 

4 (1) CONSULTATION.—Not later than 30 days 

5 after the date of the enactment of this Act, the Di6 rector General of the Foreign Service shall consult 

7 with the Committee on Foreign Affairs of the House 

8 of Representatives and the Committee on Foreign 

9 Relations of the Senate regarding the development 

10 of the gap memo under subsection (c) of section 603 

11 of the Foreign Service Act of 1980, as added by sub12 section (a). 

13 (2) DEFINITION.—In this subsection, the term 

14 ‘‘gap memo’’ has the meaning given such term in 

15 subsection (c) of section 603 of the Foreign Service 

16 Act of 1980. 

17 TITLE IV—A DIVERSE WORK18 FORCE: RECRUITMENT, RE19 TENTION, AND PROMOTION 

20 SEC. 1401. DEFINITIONS. 

21 In this title: 

22 (1) APPLICANT FLOW DATA.—The term ‘‘appli23 cant flow data’’ means data that tracks the rate of 

24 applications for job positions among demographic 

25 categories. 


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1 (2) DEMOGRAPHIC DATA.—The term ‘‘demo2 graphic data’’ means facts or statistics relating to 

3 the demographic categories specified in the Office of 

4 Management and Budget statistical policy directive 

5 entitled ‘‘Standards for Maintaining, Collecting, and 

6 Presenting Federal Data on Race and Ethnicity’’ 

7 (81 Fed. Reg. 67398). 

8 (3) DIVERSITY.—The term ‘‘diversity’’ means 

9 those classes of persons protected under the Civil 

10 Rights Act of 1964 (42 U.S.C. 2000a et seq.) and 

11 the Americans with Disabilities Act of 1990 (42 

12 U.S.C. 12101 et seq.). 

13 (4) WORKFORCE.—The term ‘‘workforce’’ 

14 means— 

15 (A) individuals serving in a position in the 

16 civil service (as such term is defined in section 

17 2101 of title 5, United States Code); 

18 (B) individuals who are members of the 

19 Foreign Service (as such term defined in sec20 tion 103 of the Foreign Service Act of 1980 (22 

21 U.S.C. 3902)); 

22 (C) all individuals serving under a personal 

23 services contract; 

24 (D) all individuals serving under a Foreign 

25 Service limited appointment under section 309 


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1 of the Foreign Service Act of 1980 (22 U.S.C. 

2 3949); or 

3 (E) individuals other than Locally Em4 ployed Staff working in the Department of 

5 State under any other authority. 

6 SEC. 1402. COLLECTION, ANALYSIS, AND DISSEMINATION 

7 OF WORKFORCE DATA. 

8 (a) INITIAL REPORT.—Not later than 180 days after 

9 the date of the enactment of this Act, the Secretary of 

10 State shall, in consultation with the Director of the Office 

11 of Personnel Management and the Director of the Office 

12 of Management and Budget, submit to the appropriate 

13 congressional committees a report, which shall also be 

14 published on a publicly available website of the Depart15 ment in a searchable database format, that includes 

16 disaggregated demographic data and other information re17 garding the diversity of the workforce of the Department 

18 of State. 

19 (b) DATA.—The report under subsection (a) shall in20 clude the following data to the maximum extent collection 

21 of such data is permissible by law: 

22 (1) Demographic data on each element of the 

23 workforce of the Department of State, disaggregated 

24 by rank and grade or grade-equivalent, with respect 

25 to the following groups: 


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1 (A) Applicants for positions in the Depart2 ment. 

3 (B) Individuals hired to join the workforce. 

4 (C) Individuals promoted during the 5-year 

5 period ending on the date of the enactment of 

6 this Act, including promotions to and within the 

7 Senior Executive Service or the Senior Foreign 

8 Service. 

9 (D) Individuals serving during the 5-year 

10 period ending on the date of the enactment of 

11 this Act as special assistants in any of the of12 fices of the Secretary of State, the Deputy Sec13 retary of State, the Counselor of the Depart14 ment of State, the Secretary’s Policy Planning 

15 Staff, the Under Secretary for Arms Control 

16 and International Security, the Under Secretary 

17 for Civilian Security, Democracy, and Human 

18 Rights, the Under Secretary for Economic 

19 Growth, Energy, and the Environment, the Un20 dersecretary for Management, the Undersecre21 tary of State for Political Affairs, and the Un22 dersecretary for Public Diplomacy and Public 

23 Affairs. 


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1 (E) Individuals serving in the 5-year pe2 riod ending on the date of the enactment of this 

3 Act in each bureau’s front office. 

4 (F) Individuals serving in the 5-year pe5 riod ending on the date of the enactment of this 

6 Act as detailees to the National Security Coun7 cil. 

8 (G) Individuals serving on applicable selec9 tion boards. 

10 (H) Members of any external advisory 

11 committee or board who are subject to appoint12 ment by individuals at senior positions in the 

13 Department. 

14 (I) Individuals participating in professional 

15 development programs of the Department, and 

16 the extent to which such participants have been 

17 placed into senior positions within the Depart18 ment after such participation. 

19 (J) Individuals participating in mentorship 

20 or retention programs. 

21 (K) Individuals who separated from the 

22 agency during the 5-year period ending on the 

23 date of the enactment of this Act, including in24 dividuals in the Senior Executive Service or the 

25 Senior Foreign Service. 


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1 (2) An assessment of agency compliance with 

2 the essential elements identified in Equal Employ3 ment Opportunity Commission Management Direc4 tive 715, effective October 1, 2003. 

5 (3) Data on the overall number of individuals 

6 who are part of the workforce, the percentages of 

7 such workforce corresponding to each element speci8 fied in section 1401(4), and the percentages cor9 responding to each rank, grade, or grade-equivalent. 

10 (c) RECOMMENDATION.—The Secretary of State may 

11 include in the report under subsection (a) a recommenda12 tion to the Director of Office of Management and Budget 

13 and to the appropriate congressional committees regarding 

14 whether the Department of State should be permitted to 

15 collect more detailed data on demographic categories in 

16 addition to the race and ethnicity categories specified in 

17 the Office of Management and Budget statistical policy 

18 directive entitled ‘‘Standards for Maintaining, Collecting, 

19 and Presenting Federal Data on Race and Ethnicity’’ (81 

20 Fed. Reg. 67398), in order to comply with the intent and 

21 requirements of this Act. 

22 (d) OTHER CONTENTS.—The report under sub23 section (a) shall also describe and assess the effectiveness 

24 of the efforts of the Department of State— 


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1 (1) to propagate fairness, impartiality, and in2 clusion in the work environment, both domestically 

3 and abroad; 

4 (2) to enforce anti-harassment and anti-dis5 crimination policies, both domestically and at posts 

6 overseas; 

7 (3) to refrain from engaging in unlawful dis8 crimination in any phase of the employment process, 

9 including recruitment, hiring, evaluation, assign10 ments, promotion, retention, and training; 

11 (4) to prevent retaliation against employees for 

12 participating in a protected equal employment op13 portunity activity or for reporting sexual harassment 

14 or sexual assault; 

15 (5) to provide reasonable accommodation for 

16 qualified employees and applicants with disabilities; 

17 and 

18 (6) to recruit a representative workforce by— 

19 (A) recruiting women, persons with disabil20 ities, and minorities; 

21 (B) recruiting at women’s colleges, histori22 cally Black colleges and universities, minority23 serving institutions, and other institutions serv24 ing a significant percentage of minority stu25 dents; 


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1 (C) placing job advertisements in news2 papers, magazines, and job sites oriented to3 ward women and minorities; 

4 (D) sponsoring and recruiting at job fairs 

5 in urban and rural communities and land-grant 

6 colleges or universities; 

7 (E) providing opportunities through the 

8 Foreign Service Internship Program under 

9 chapter 12 of the Foreign Service Act of 1980 

10 (22 U.S.C. 4141 et seq.) and other hiring ini11 tiatives; 

12 (F) recruiting mid-level and senior-level 

13 professionals through programs designed to in14 crease representation in international affairs of 

15 people belonging to traditionally under-rep16 resented groups; 

17 (G) offering the Foreign Service written 

18 and oral assessment examinations in several lo19 cations throughout the United States to reduce 

20 the burden of applicants having to travel at 

21 their own expense to take either or both such 

22 examinations; 

23 (H) expanding the use of paid internships; 

24 and 


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1 (I) supporting recruiting and hiring oppor2 tunities through— 

3 (i) the Charles B. Rangel Inter4 national Affairs Fellowship Program; 

5 (ii) the Thomas R. Pickering Foreign 

6 Affairs Fellowship Program; and 

7 (iii) other initiatives, including agen8 cy-wide policy initiatives. 

9 (e) ANNUAL UPDATES.—Not later than one year 

10 after the publication of the report required under sub11 section (a) and annually thereafter for the following five 

12 years, the Secretary of State shall work with the Director 

13 of the Office of Personnel Management and the Director 

14 of the Office of Management and Budget to provide a re15 port to the appropriate congressional committees, which 

16 shall be posted on the Department’s website, which may 

17 be included in another annual report required under an18 other provision of law, that includes— 

19 (1) disaggregated demographic data, to the 

20 maximum extent collection of such data is permis21 sible by law, relating to the workforce and informa22 tion on the status of diversity and inclusion efforts 

23 of the Department; 


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1 (2) an analysis of applicant flow data, to the 

2 maximum extent collection of such data is permis3 sible by law,; and 

4 (3) disaggregated demographic data relating to 

5 participants in professional development programs of 

6 the Department and the rate of placement into sen7 ior positions for participants in such programs. 

8 SEC. 1403. EXIT INTERVIEWS FOR WORKFORCE. 

9 (a) RETAINED MEMBERS.—The Director General of 

10 the Foreign Service and the Director of the Bureau of 

11 Human Resources or its equivalent shall conduct periodic 

12 interviews with a representative and diverse cross-section 

13 of the workforce of the Department of State— 

14 (1) to understand the reasons of individuals in 

15 such workforce for remaining in a position in the 

16 Department; and 

17 (2) to receive feedback on workplace policies, 

18 professional development opportunities, and other 

19 issues affecting the decision of individuals in the 

20 workforce to remain in the Department. 

21 (b) DEPARTING MEMBERS.—The Director General of 

22 the Foreign Service and the Director of the Bureau of 

23 Human Resources or its equivalent shall provide an oppor24 tunity for an exit interview to each individual in the work25 force of the Department of State who separates from servVerDate Sep 11 2014 23:55 May 19, 2021 Jkt 019200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\H1157.RFS H1157

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1 ice with the Department to better understand the reasons 

2 of such individual for leaving such service. 

3 (c) USE OF ANALYSIS FROM INTERVIEWS.—The Di4 rector General of the Foreign Service and the Director of 

5 the Bureau of Human Resources or its equivalent shall 

6 analyze demographic data and other information obtained 

7 through interviews under subsections (a) and (b) to deter8 mine— 

9 (1) to what extent, if any, the diversity of those 

10 participating in such interviews impacts the results; 

11 and 

12 (2) whether to implement any policy changes or 

13 include any recommendations in a report required 

14 under subsection (a) or (e) of section 1402 relating 

15 to the determination reached pursuant to paragraph 

16 (1). 

17 (d) TRACKING DATA.—The Department of State 

18 shall— 

19 (1) track demographic data relating to partici20 pants in professional development programs and the 

21 rate of placement into senior positions for partici22 pants in such programs; 

23 (2) annually evaluate such data— 


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1 (A) to identify ways to improve outreach 

2 and recruitment for such programs, consistent 

3 with merit system principles; and 

4 (B) to understand the extent to which par5 ticipation in any professional development pro6 gram offered or sponsored by the Department 

7 differs among the demographic categories of the 

8 workforce; and 

9 (3) actively encourage participation from a 

10 range of demographic categories, especially from cat11 egories with consistently low participation, in such 

12 professional development programs. 

13 SEC. 1404. RECRUITMENT AND RETENTION. 

14 (a) IN GENERAL.—The Secretary of State shall— 

15 (1) continue to seek a diverse and talented pool 

16 of applicants; and 

17 (2) instruct the Director General of the Foreign 

18 Service and the Director of the Bureau of Human 

19 Resources of the Department of State to have a re20 cruitment plan of action for the recruitment of peo21 ple belonging to traditionally under-represented 

22 groups, which should include outreach at appro23 priate colleges, universities, affinity groups, and pro24 fessional associations. 


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1 (b) SCOPE.—The diversity recruitment initiatives de2 scribed in subsection (a) shall include— 

3 (1) recruiting at women’s colleges, historically 

4 Black colleges and universities, minority-serving in5 stitutions, and other institutions serving a signifi6 cant percentage of minority students; 

7 (2) placing job advertisements in newspapers, 

8 magazines, and job sites oriented toward diverse 

9 groups; 

10 (3) sponsoring and recruiting at job fairs in 

11 urban and rural communities and land-grant colleges 

12 or universities; 

13 (4) providing opportunities through highly re14 spected, international leadership programs, that 

15 focus on diversity recruitment and retention; 

16 (5) expanding the use of paid internships; and 

17 (6) cultivating partnerships with organizations 

18 dedicated to the advancement of the profession of 

19 international affairs and national security to advance 

20 shared diversity goals. 

21 (c) EXPAND TRAINING ON ANTI-HARASSMENT AND

22 ANTI-DISCRIMINATION.— 

23 (1) IN GENERAL.—The Secretary of State shall, 

24 through the Foreign Service Institute and other edu25 cational and training opportunities— 


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1 (A) ensure the provision to all individuals 

2 in the workforce of training on anti-harassment 

3 and anti-discrimination information and poli4 cies, including in existing Foreign Service Insti5 tute courses or modules prioritized in the De6 partment of State’s Diversity and Inclusion 

7 Strategic Plan for 2016–2020 to promote diver8 sity in Bureau awards or mitigate unconscious 

9 bias; 

10 (B) expand the provision of training on 

11 workplace rights and responsibilities to focus on 

12 anti-harassment and anti-discrimination infor13 mation and policies, including policies relating 

14 to sexual assault prevention and response; and 

15 (C) make such expanded training manda16 tory for— 

17 (i) individuals in senior and super18 visory positions; 

19 (ii) individuals having responsibilities 

20 related to recruitment, retention, or pro21 motion of employees; and 

22 (iii) any other individual determined 

23 by the Department who needs such train24 ing based on analysis by the Department 

25 or OPM analysis. 


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1 (2) BEST PRACTICES.—The Department of 

2 State shall give special attention to ensuring the 

3 continuous incorporation of research-based best 

4 practices in training provided under this subsection. 

5 SEC. 1405. PROMOTING DIVERSITY AND INCLUSION IN THE 

6 NATIONAL SECURITY WORKFORCE. 

7 (a) IN GENERAL.—The Secretary of State shall en8 sure that individuals in senior and supervisory positions 

9 of the Department of State, or Department individuals 

10 having responsibilities related to recruitment, retention, or 

11 promotion of employees, should have a demonstrated com12 mitment to equal opportunity, diversity, and inclusion. 

13 (b) CONSIDERATION.—In making any recommenda14 tions on nominations, conducting interviews, identifying or 

15 selecting candidates, or appointing acting individuals for 

16 positions equivalent to an Assistant Secretary or above, 

17 the Secretary of State shall use best efforts to consider 

18 at least one individual reflective of diversity. 

19 (c) ESTABLISHMENT.— 

20 (1) IN GENERAL.—The Secretary of State shall 

21 establish a mechanism to ensure that appointments 

22 or details of Department of State employees to staff 

23 positions in the Offices of the Secretary, the Deputy 

24 Secretary, the Counselor of the Department, the 

25 Secretary’s Policy Planning Staff, or any of the 


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1 Undersecretaries of State, and details to the Na2 tional Security Council, are transparent, competitive, 

3 equitable, and inclusive, and made without regard to 

4 an individual’s race, color, religion, sex (including 

5 pregnancy, transgender status, or sexual orienta6 tion), national origin, age (if 40 or older), disability, 

7 or genetic information. 

8 (2) REPORT.—Not later than 90 days after the 

9 date of the enactment of this Act, the Secretary of 

10 State shall submit to the appropriate congressional 

11 committees a report regarding the mechanism re12 quired under paragraph (1). 

13 (d) AVAILABILITY.—The Secretary of State shall use 

14 best efforts to consider at least one individual reflective 

15 of diversity for the staff positions specified in subsection 

16 (c)(1) and ensure such positions are equitably available 

17 to employees of the civil service and Foreign Service. 

18 SEC. 1406. LEADERSHIP ENGAGEMENT AND ACCOUNT19 ABILITY. 

20 (a) REWARD AND RECOGNIZE EFFORTS TO PRO21 MOTE DIVERSITY AND INCLUSION.— 

22 (1) IN GENERAL.—The Secretary of State shall 

23 implement performance and advancement require24 ments that reward and recognize the efforts of indi25 viduals in senior positions and supervisors in the DeVerDate Sep 11 2014 23:55 May 19, 2021 Jkt 019200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\H1157.RFS H1157

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1 partment of State in fostering an inclusive environ2 ment and cultivating talent consistent with merit 

3 system principles, such as through participation in 

4 mentoring programs or sponsorship initiatives, re5 cruitment events, and other similar opportunities. 

6 (2) OUTREACH EVENTS.—The Secretary of 

7 State shall create opportunities for individuals in 

8 senior positions and supervisors in the Department 

9 of State to participate in outreach events and to dis10 cuss issues relating to diversity and inclusion with 

11 the workforce on a regular basis, including with em12 ployee resource groups. 

13 (b) EXTERNAL ADVISORY COMMITTEES AND

14 BOARDS.—For each external advisory committee or board 

15 to which individuals in senior positions in the Department 

16 of State appoint members, the Secretary of State is 

17 strongly encouraged by Congress to ensure such external 

18 advisory committee or board is developed, reviewed, and 

19 carried out by qualified teams that represent the diversity 

20 of the organization. 

21 SEC. 1407. PROFESSIONAL DEVELOPMENT OPPORTUNITIES 

22 AND TOOLS. 

23 (a) EXPAND PROVISION OF PROFESSIONAL DEVEL24 OPMENT AND CAREER ADVANCEMENT OPPORTUNITIES.— 


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1 (1) IN GENERAL.—The Secretary of State is 

2 authorized to expand professional development op3 portunities that support the mission needs of the 

4 Department of State, such as— 

5 (A) academic programs; 

6 (B) private-public exchanges; and 

7 (C) detail assignments to relevant positions 

8 in— 

9 (i) private or international organiza10 tions; 

11 (ii) State, local, and Tribal govern12 ments; 

13 (iii) other branches of the Federal 

14 Government; or 

15 (iv) professional schools of inter16 national affairs. 

17 (2) TRAINING FOR SENIOR POSITIONS.— 

18 (A) IN GENERAL.—The Secretary of State 

19 shall offer, or sponsor members of the work20 force to participate in, a Senior Executive Serv21 ice candidate development program or other 

22 program that trains members on the skills re23 quired for appointment to senior positions in 

24 the Department of State. 


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1 (B) REQUIREMENTS.—In determining 

2 which members of the workforce are granted 

3 professional development or career advancement 

4 opportunities under subparagraph (A), the Sec5 retary of State shall— 

6 (i) ensure any program offered or 

7 sponsored by the Department of State 

8 under such subparagraph comports with 

9 the requirements of subpart C of part 412 

10 of title 5, Code of Federal Regulations, or 

11 any successor thereto, including merit 

12 staffing and assessment requirements; 

13 (ii) consider the number of expected 

14 vacancies in senior positions as a factor in 

15 determining the number of candidates to 

16 select for such programs; 

17 (iii) understand how participation in 

18 any program offered or sponsored by the 

19 Department under such subparagraph dif20 fers by gender, race, national origin, dis21 ability status, or other demographic cat22 egories; and 

23 (iv) actively encourage participation 

24 from a range of demographic categories, 


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1 especially from categories with consistently 

2 low participation. 

3 SEC. 1408. EXAMINATION AND ORAL ASSESSMENT FOR THE 

4 FOREIGN SERVICE. 

5 (a) SENSE OF CONGRESS.—It is the sense of Con6 gress that the Department of State should offer both the 

7 Foreign Service written examination and oral assessment 

8 in more locations throughout the United States. Doing so 

9 would ease the financial burden on potential candidates 

10 who do not currently reside in and must travel at their 

11 own expense to one of the few locations where these as12 sessments are offered. 

13 (b) FOREIGN SERVICE EXAMINATIONS.—Section 

14 301(b) of the Foreign Service Act of 1980 (22 U.S.C. 

15 3941) is amended— 

16 (1) by striking ‘‘The Secretary’’ and inserting: 

17 ‘‘(1) The Secretary’’; and 

18 (2) by adding at the end the following new 

19 paragraph: 

20 ‘‘(2) The Secretary shall ensure that the Board of 

21 Examiners for the Foreign Service annually offers the oral 

22 assessment examinations described in paragraph (1) in 

23 cities, chosen on a rotating basis, located in at least three 

24 different time zones across the United States.’’. 


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1 SEC. 1409. PAYNE FELLOWSHIP AUTHORIZATION. 

2 (a) IN GENERAL.—Undergraduate and graduate 

3 components of the Donald M. Payne International Devel4 opment Fellowship Program may conduct outreach to at5 tract outstanding students with an interest in pursuing 

6 a Foreign Service career who represent diverse ethnic and 

7 socioeconomic backgrounds. 

8 (b) REVIEW OF PAST PROGRAMS.—The Secretary of 

9 State shall review past programs designed to increase mi10 nority representation in international affairs positions. 

11 SEC. 1410. VOLUNTARY PARTICIPATION. 

12 (a) IN GENERAL.—Nothing in this title should be 

13 construed so as to compel any employee to participate in 

14 the collection of the data or divulge any personal informa15 tion. Department of State employees shall be informed 

16 that their participation in the data collection contemplated 

17 by this title is voluntary. 

18 (b) PRIVACY PROTECTION.—Any data collected 

19 under this title shall be subject to the relevant privacy pro20 tection statutes and regulations applicable to Federal em21 ployees. 

22 TITLE V—INFORMATION 

23 SECURITY 

24 SEC. 1501. DEFINITIONS. 

25 In this title: 


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1 (1) INTELLIGENCE COMMUNITY.—The term 

2 ‘‘intelligence community’’ has the meaning given 

3 such term in section 3(4) of the National Security 

4 Act of 1947 (50 U.S.C. 3003(4)). 

5 (2) RELEVANT CONGRESSIONAL COMMIT6 TEES.—The term ‘‘relevant congressional commit7 tees’’ means— 

8 (A) the appropriate congressional commit9 tees; 

10 (B) the Select Committee on Intelligence 

11 of the Senate; and 

12 (C) the Permanent Select Committee on 

13 Intelligence of the House of Representatives. 

14 SEC. 1502. LIST OF CERTAIN TELECOMMUNICATIONS PRO15 VIDERS. 

16 (a) LIST OF COVERED CONTRACTORS.—Not later 

17 than 30 days after the date of the enactment of this Act, 

18 the Secretary of State, in consultation with the Director 

19 of National Intelligence, shall develop or maintain, as the 

20 case may be, and update as frequently as the Secretary 

21 determines appropriate, a list of covered contractors with 

22 respect to which the Department should seek to avoid en23 tering into contracts. Not later than 30 days after the ini24 tial development of the list under this subsection, any up25 date thereto, and annually thereafter for five years after 


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1 such initial 30 day period, the Secretary shall submit to 

2 the appropriate congressional committees a copy of such 

3 list. 

4 (b) COVERED CONTRACTOR DEFINED.—In this sec5 tion, the term ‘‘covered contractor’’ means a provider of 

6 telecommunications, telecommunications equipment, or in7 formation technology equipment, including hardware, soft8 ware, or services, that has knowingly assisted or facilitated 

9 a cyber attack or conducted surveillance, including passive 

10 or active monitoring, carried out against— 

11 (1) the United States by, or on behalf of, any 

12 government, or persons associated with such govern13 ment, listed as a cyber threat actor in the intel14 ligence community’s 2017 assessment of worldwide 

15 threats to United States national security or any 

16 subsequent worldwide threat assessment of the intel17 ligence community; or 

18 (2) individuals, including activists, journalists, 

19 opposition politicians, or other individuals for the 

20 purposes of suppressing dissent or intimidating crit21 ics, on behalf of a country included in the annual 

22 country reports on human rights practices of the 

23 Department for systematic acts of political repres24 sion, including arbitrary arrest or detention, torture, 


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1 extrajudicial or politically motivated killing, or other 

2 gross violations of human rights. 

3 SEC. 1503. PRESERVING RECORDS OF ELECTRONIC COM4 MUNICATIONS CONDUCTED RELATED TO OF5 FICIAL DUTIES OF POSITIONS IN THE PUBLIC 

6 TRUST OF THE AMERICAN PEOPLE. 

7 (a) SENSE OF CONGRESS.—It is the sense of Con8 gress that all officers and employees of the Department 

9 and the United States Agency for International Develop10 ment are obligated under chapter 31 of title 44, United 

11 States Code (popularly referred to as the Federal Records 

12 Act of 1950), to create and preserve records containing 

13 adequate and proper documentation of the organization, 

14 functions, policies, decisions, procedures, and essential 

15 transactions or operations of the Department and United 

16 States embassies, consulates, and missions abroad, includ17 ing records of official communications with foreign govern18 ment officials or other foreign entities. 

19 (b) CERTIFICATION.—Not later than 180 days after 

20 the date of the enactment of this Act, the Secretary shall 

21 submit to the appropriate congressional committees a cer22 tification in unclassified form that Secretary has commu23 nicated to all Department personnel, including the Sec24 retary of State and all political appointees, that such per25 sonnel are obligated under chapter 31 of title 44, United 


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1 States Code, to treat electronic messaging systems, soft2 ware, and applications as equivalent to electronic mail for 

3 the purpose of identifying Federal records. 

4 SEC. 1504. FOREIGN RELATIONS OF THE UNITED STATES 

5 (FRUS) SERIES AND DECLASSIFICATION. 

6 The State Department Basic Authorities Act of 1956 

7 is amended— 

8 (1) in section 402(a)(2) (22 U.S.C. 

9 4352(a)(2)), by striking ‘‘26’’ and inserting ‘‘20’’; 

10 and 

11 (2) in section 404 (22 U.S.C. 4354)— 

12 (A) in subsection (a)(1), by striking 

13 ‘‘30’’and inserting ‘‘25’’; and 

14 (B) in subsection (c)(1)(C), by striking 

15 ‘‘30’’ and inserting ‘‘25’’. 

16 SEC. 1505. VULNERABILITY DISCLOSURE POLICY AND BUG 

17 BOUNTY PILOT PROGRAM. 

18 (a) DEFINITIONS.—In this section: 

19 (1) BUG BOUNTY PROGRAM.—The term ‘‘bug 

20 bounty program’’ means a program under which an 

21 approved individual, organization, or company is 

22 temporarily authorized to identify and report 

23 vulnerabilities of internet-facing information tech24 nology of the Department of State in exchange for 

25 compensation. 


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1 (2) INFORMATION TECHNOLOGY.—The term 

2 ‘‘information technology’’ has the meaning given 

3 such term in section 11101 of title 40, United 

4 States Code. 

5 (b) VULNERABILITY DISCLOSURE PROCESS.— 

6 (1) IN GENERAL.—Not later than 180 days 

7 after the date of the enactment of this Act, the Sec8 retary of State shall design, establish, and make 

9 publicly known a Vulnerability Disclosure Process 

10 (VDP) to improve Department of State cybersecu11 rity by— 

12 (A) providing security researchers with 

13 clear guidelines for— 

14 (i) conducting vulnerability discovery 

15 activities directed at Department informa16 tion technology; and 

17 (ii) submitting discovered security 

18 vulnerabilities to the Department; and 

19 (B) creating Department procedures and 

20 infrastructure to receive and fix discovered 

21 vulnerabilities. 

22 (2) REQUIREMENTS.—In establishing the VDP 

23 pursuant to paragraph (1), the Secretary of State 

24 shall— 


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1 (A) identify which Department of State in2 formation technology should be included in the 

3 process; 

4 (B) determine whether the process should 

5 differentiate among and specify the types of se6 curity vulnerabilities that may be targeted; 

7 (C) provide a readily available means of re8 porting discovered security vulnerabilities and 

9 the form in which such vulnerabilities should be 

10 reported; 

11 (D) identify which Department offices and 

12 positions will be responsible for receiving, 

13 prioritizing, and addressing security vulner14 ability disclosure reports; 

15 (E) consult with the Attorney General re16 garding how to ensure that individuals, organi17 zations, and companies that comply with the re18 quirements of the process are protected from 

19 prosecution under section 1030 of title 18, 

20 United States Code, and similar provisions of 

21 law for specific activities authorized under the 

22 process; 

23 (F) consult with the relevant offices at the 

24 Department of Defense that were responsible 

25 for launching the 2016 Vulnerability Disclosure 


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1 Program, ‘‘Hack the Pentagon’’, and subse2 quent Department of Defense bug bounty pro3 grams; 

4 (G) engage qualified interested persons, in5 cluding nongovernmental sector representatives, 

6 about the structure of the process as construc7 tive and to the extent practicable; and 

8 (H) award contracts to entities, as nec9 essary, to manage the process and implement 

10 the remediation of discovered security 

11 vulnerabilities. 

12 (3) ANNUAL REPORTS.—Not later than 180 

13 days after the establishment of the VDP under para14 graph (1) and annually thereafter for the next five 

15 years, the Secretary of State shall submit to the 

16 Committee on Foreign Affairs of the House of Rep17 resentatives and the Committee on Foreign Rela18 tions of the Senate a report on the VDP, including 

19 information relating to the following: 

20 (A) The number and severity of all secu21 rity vulnerabilities reported. 

22 (B) The number of previously unidentified 

23 security vulnerabilities remediated as a result. 


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1 (C) The current number of outstanding 

2 previously unidentified security vulnerabilities 

3 and Department of State remediation plans. 

4 (D) The average length of time between 

5 the reporting of security vulnerabilities and re6 mediation of such vulnerabilities. 

7 (E) The resources, surge staffing, roles, 

8 and responsibilities within the Department used 

9 to implement the VDP and complete security 

10 vulnerability remediation. 

11 (F) Any other information the Secretary 

12 determines relevant. 

13 (c) BUG BOUNTY PILOT PROGRAM.— 

14 (1) IN GENERAL.—Not later than one year 

15 after the date of the enactment of this Act, the Sec16 retary of State shall establish a bug bounty pilot 

17 program to minimize security vulnerabilities of inter18 net-facing information technology of the Department 

19 of State. 

20 (2) REQUIREMENTS.—In establishing the pilot 

21 program described in paragraph (1), the Secretary 

22 of State shall— 

23 (A) provide compensation for reports of 

24 previously unidentified security vulnerabilities 

25 within the websites, applications, and other 


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1 internet-facing information technology of the 

2 Department of State that are accessible to the 

3 public; 

4 (B) award contracts to entities, as nec5 essary, to manage such pilot program and for 

6 executing the remediation of security 

7 vulnerabilities identified pursuant to subpara8 graph (A); 

9 (C) identify which Department of State in10 formation technology should be included in such 

11 pilot program; 

12 (D) consult with the Attorney General on 

13 how to ensure that individuals, organizations, 

14 or companies that comply with the requirements 

15 of such pilot program are protected from pros16 ecution under section 1030 of title 18, United 

17 States Code, and similar provisions of law for 

18 specific activities authorized under such pilot 

19 program; 

20 (E) consult with the relevant offices at the 

21 Department of Defense that were responsible 

22 for launching the 2016 ‘‘Hack the Pentagon’’ 

23 pilot program and subsequent Department of 

24 Defense bug bounty programs; 


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1 (F) develop a process by which an ap2 proved individual, organization, or company can 

3 register with the entity referred to in subpara4 graph (B), submit to a background check as de5 termined by the Department of State, and re6 ceive a determination as to eligibility for par7 ticipation in such pilot program; 

8 (G) engage qualified interested persons, in9 cluding nongovernmental sector representatives, 

10 about the structure of such pilot program as 

11 constructive and to the extent practicable; and 

12 (H) consult with relevant United States 

13 Government officials to ensure that such pilot 

14 program complements persistent network and 

15 vulnerability scans of the Department of State’s 

16 internet-accessible systems, such as the scans 

17 conducted pursuant to Binding Operational Di18 rective BOD–19–02 or successor directive. 

19 (3) DURATION.—The pilot program established 

20 under paragraph (1) should be short-term in dura21 tion and not last longer than one year. 

22 (4) REPORT.—Not later than 180 days after 

23 the date on which the bug bounty pilot program 

24 under subsection (a) is completed, the Secretary of 

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1 lations of the Senate and the Committee on Foreign 

2 Affairs of the House of Representatives a report on 

3 such pilot program, including information relating 

4 to— 

5 (A) the number of approved individuals, 

6 organizations, or companies involved in such 

7 pilot program, broken down by the number of 

8 approved individuals, organizations, or compa9 nies that— 

10 (i) registered; 

11 (ii) were approved; 

12 (iii) submitted security vulnerabilities; 

13 and 

14 (iv) received compensation; 

15 (B) the number and severity of all security 

16 vulnerabilities reported as part of such pilot 

17 program; 

18 (C) the number of previously unidentified 

19 security vulnerabilities remediated as a result of 

20 such pilot program; 

21 (D) the current number of outstanding 

22 previously unidentified security vulnerabilities 

23 and Department remediation plans; 


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1 (E) the average length of time between the 

2 reporting of security vulnerabilities and remedi3 ation of such vulnerabilities; 

4 (F) the types of compensation provided 

5 under such pilot program; and 

6 (G) the lessons learned from such pilot 

7 program. 

8 (d) USE OF FUNDS.—Compensation offered by the 

9 Department subject to this section shall be funded by 

10 amounts appropriated pursuant to— 

11 (1) the authorization of appropriations under 

12 section 1001; and 

13 (2) any other Act. 

14 TITLE VI—PUBLIC DIPLOMACY 

15 SEC. 1601. SHORT TITLE. 

16 This title may be cited as the ‘‘Public Diplomacy 

17 Modernization Act of 2021’’. 

18 SEC. 1602. AVOIDING DUPLICATION OF PROGRAMS AND EF19 FORTS. 

20 The Secretary of State shall— 

21 (1) identify opportunities for greater efficiency 

22 of operations, including through improved coordina23 tion of efforts across public diplomacy bureaus and 

24 offices of the Department of State; and 


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1 (2) maximize shared use of resources between, 

2 and within, such public diplomacy bureaus and of3 fices in cases in which programs, facilities, or admin4 istrative functions are duplicative or substantially 

5 overlapping. 

6 SEC. 1603. IMPROVING RESEARCH AND EVALUATION OF 

7 PUBLIC DIPLOMACY. 

8 (a) RESEARCH AND EVALUATION ACTIVITIES.—The 

9 Secretary of State, acting through the Director of Re10 search and Evaluation appointed pursuant to subsection 

11 (b), shall— 

12 (1) conduct regular research and evaluation of 

13 public diplomacy programs and activities of the De14 partment, including through the routine use of audi15 ence research, digital analytics, and impact evalua16 tions, to plan and execute such programs and activi17 ties; and 

18 (2) make available to Congress the findings of 

19 the research and evaluations conducted under para20 graph (1). 

21 (b) DIRECTOR OF RESEARCH AND EVALUATION.— 

22 (1) APPOINTMENT.—Not later than 90 days 

23 after the date of the enactment of this Act, the Sec24 retary of State shall appoint a Director of Research 

25 and Evaluation (referred to in this subsection as the 


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1 ‘‘Director’’) in the Office of Policy, Planning, and 

2 Resources for Public Diplomacy and Public Affairs 

3 of the Department. 

4 (2) LIMITATION ON APPOINTMENT.—The ap5 pointment of the Director pursuant to paragraph (1) 

6 shall not result in an increase in the overall full-time 

7 equivalent positions within the Department of State. 

8 (3) RESPONSIBILITIES.—The Director shall— 

9 (A) coordinate and oversee the research 

10 and evaluation of public diplomacy programs 

11 and activities of the Department of State in 

12 order to— 

13 (i) improve public diplomacy strate14 gies and tactics; and 

15 (ii) ensure that such programs and 

16 activities are increasing the knowledge, un17 derstanding, and trust of the United 

18 States by relevant target audiences; 

19 (B) routinely organize and oversee audi20 ence research, digital analytics, and impact 

21 evaluations across all public diplomacy bureaus 

22 and offices of the Department; 

23 (C) support United States diplomatic 

24 posts’ public affairs sections; 


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1 (D) share appropriate public diplomacy re2 search and evaluation information within the 

3 Department and with other appropriate Federal 

4 departments and agencies; 

5 (E) regularly design and coordinate stand6 ardized research questions, methodologies, and 

7 procedures to ensure that public diplomacy pro8 grams and activities across all public diplomacy 

9 bureaus and offices are designed to meet appro10 priate foreign policy objectives; and 

11 (F) report biannually to the United States 

12 Advisory Commission on Public Diplomacy, 

13 through the Subcommittee on Research and 

14 Evaluation established pursuant to subsection 

15 (f), regarding the research and evaluation of all 

16 public diplomacy bureaus and offices. 

17 (4) GUIDANCE AND TRAINING.—Not later than 

18 one year after the appointment of the Director pur19 suant to paragraph (1), the Director shall develop 

20 guidance and training, including curriculum for use 

21 by the Foreign Service Institute, for all public diplo22 macy officers of the Department regarding the read23 ing and interpretation of public diplomacy program 

24 and activity evaluation findings to ensure that such 

25 findings and related lessons learned are implemented 


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1 in the planning and evaluation of all public diplo2 macy programs and activities of the Department. 

3 (c) PRIORITIZING RESEARCH AND EVALUATION.— 

4 (1) IN GENERAL.—The head of the Office of 

5 Policy, Planning, and Resources for Public Diplo6 macy and Public Affairs of the Department of State 

7 shall ensure that research and evaluation of public 

8 diplomacy and activities of the Department, as co9 ordinated and overseen by the Director pursuant to 

10 subsection (b), supports strategic planning and re11 source allocation across all public diplomacy bureaus 

12 and offices of the Department. 

13 (2) ALLOCATION OF RESOURCES.—Amounts al14 located for the purpose of research and evaluation of 

15 public diplomacy programs and activities of the De16 partment of State pursuant to subsection (b) shall 

17 be made available to be disbursed at the direction of 

18 the Director of Research and Evaluation among the 

19 research and evaluation staff across all public diplo20 macy bureaus and offices of the Department. 

21 (3) SENSE OF CONGRESS.—It is the sense of 

22 Congress that the Department of State should 

23 gradually increase its allocation of funds made avail24 able under the headings ‘‘Educational and Cultural 

25 Exchange Programs’’ and ‘‘Diplomatic Programs’’ 


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1 for research and evaluation of public diplomacy pro2 grams and activities of the Department pursuant to 

3 subsection (b) to a percentage of program funds that 

4 is commensurate with Federal Government best 

5 practices. 

6 (d) LIMITED EXEMPTION RELATING TO THE PAPER7 WORK REDUCTION ACT.—Chapter 35 of title 44, United 

8 States Code (commonly known as the ‘‘Paperwork Reduc9 tion Act’’) shall not apply to the collection of information 

10 directed at any individuals conducted by, or on behalf of, 

11 the Department of State for the purpose of audience re12 search, monitoring, and evaluations, and in connection 

13 with the Department’s activities conducted pursuant to 

14 any of the following: 

15 (1) The Mutual Educational and Cultural Ex16 change Act of 1961 (22 U.S.C. 2451 et seq.). 

17 (2) Section 1287 of the National Defense Au18 thorization Act for Fiscal Year 2017 (Public Law 

19 114–328; 22 U.S.C. 2656 note). 

20 (3) The Foreign Assistance Act of 1961 (22 

21 U.S.C. 2151 et seq.). 

22 (e) LIMITED EXEMPTION RELATING TO THE PRI23 VACY ACT.— 

24 (1) IN GENERAL.—The Department of State 

25 shall maintain, collect, use, and disseminate records 


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1 (as such term is defined in section 552a(a)(4) of 

2 title 5, United States Code) for audience research, 

3 digital analytics, and impact evaluation of commu4 nications related to public diplomacy efforts intended 

5 for foreign audiences. 

6 (2) CONDITIONS.—Audience research, digital 

7 analytics, and impact evaluations under paragraph 

8 (1) shall be— 

9 (A) reasonably tailored to meet the pur10 poses of this subsection; and 

11 (B) carried out with due regard for privacy 

12 and civil liberties guidance and oversight. 

13 (f) UNITED STATES ADVISORY COMMISSION ON PUB14 LIC DIPLOMACY.— 

15 (1) SUBCOMMITTEE FOR RESEARCH AND EVAL16 UATION.—The United States Advisory Commission 

17 on Public Diplomacy shall establish a Subcommittee 

18 on Research and Evaluation to monitor and advise 

19 regarding audience research, digital analytics, and 

20 impact evaluations carried out by the Department of 

21 State and the United States Agency for Global 

22 Media. 

23 (2) ANNUAL REPORT.—The Subcommittee on 

24 Research and Evaluation established pursuant to 

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1 gressional committees an annual report, in conjunc2 tion with the United States Advisory Commission on 

3 Public Diplomacy’s Comprehensive Annual Report 

4 on the performance of the Department and the 

5 United States Agency for Global Media, describing 

6 all actions taken by the Subcommittee pursuant to 

7 paragraph (1) and any findings made as a result of 

8 such actions. 

9 SEC. 1604. PERMANENT REAUTHORIZATION OF THE 

10 UNITED STATES ADVISORY COMMISSION ON 

11 PUBLIC DIPLOMACY. 

12 (a) IN GENERAL.—Section 1334 of the Foreign Af13 fairs Reform and Restructuring Act of 1998 (22 U.S.C. 

14 6553) is amended— 

15 (1) in the section heading, by striking ‘‘SUN16 SET’’ and inserting ‘‘CONTINUATION’’; and 

17 (2) by striking ‘‘until October 1, 2021’’. 

18 (b) CLERICAL AMENDMENT.—The table of contents 

19 in section 1002(b) of the Foreign Affairs Reform and Re20 structuring Act of 1998 is amended by amending the item 

21 relating to section 1334 to read as follows: 

‘‘Sec. 1334. Continuation of United States Advisory Commission on Public Diplomacy.’’. 

22 SEC. 1605. STREAMLINING OF SUPPORT FUNCTIONS. 

23 (a) WORKING GROUP ESTABLISHED.—Not later than 

24 60 days after the date of the enactment of this Act, the 


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1 Secretary of State shall establish a working group to ex2 plore the possibilities and cost-benefit analysis of 

3 transitioning to a shared services model as such pertains 

4 to human resources, travel, purchasing, budgetary plan5 ning, and all other executive support functions for all bu6 reaus of the Department that report to the Under Sec7 retary for Public Diplomacy of the Department. 

8 (b) REPORT.—Not later than 180 days after the date 

9 of the enactment of this Act, the Secretary of State shall 

10 submit to the appropriate congressional committees a plan 

11 to implement any such findings of the working group es12 tablished under subsection (a). 

13 SEC. 1606. GUIDANCE FOR CLOSURE OF PUBLIC DIPLO14 MACY FACILITIES. 

15 (a) IN GENERAL.—Not later than 180 days after the 

16 date of the enactment of this Act, the Secretary of State 

17 shall adopt, and include in the Foreign Affairs Manual, 

18 guidelines to collect and utilize information from each dip19 lomatic post at which the construction of a new embassy 

20 compound or new consulate compound would result in the 

21 closure or co-location of an American Space, American 

22 Center, American Corner, or any other public diplomacy 

23 facility under the Secure Embassy Construction and 

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


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1 (b) REQUIREMENTS.—The guidelines required by 

2 subsection (a) shall include the following: 

3 (1) Standardized notification to each chief of 

4 mission at a diplomatic post describing the require5 ments of the Secure Embassy Construction and 

6 Counterterrorism Act of 1999 and the impact on the 

7 mission footprint of such requirements. 

8 (2) An assessment and recommendations from 

9 each chief of mission of potential impacts to public 

10 diplomacy programming at such diplomatic post if 

11 any public diplomacy facility referred to in sub12 section (a) is closed or staff is co-located in accord13 ance with such Act. 

14 (3) A process by which assessments and rec15 ommendations under paragraph (2) are considered 

16 by the Secretary of State and the appropriate Under 

17 Secretaries and Assistant Secretaries of the Depart18 ment. 

19 (4) Notification to the appropriate congres20 sional committees, prior to the initiation of a new 

21 embassy compound or new consulate compound de22 sign, of the intent to close any such public diplomacy 

23 facility or co-locate public diplomacy staff in accord24 ance with such Act. 


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1 (c) REPORT.—Not later than one year after the date 

2 of the enactment of this Act, the Secretary of State shall 

3 submit to the appropriate congressional committees a re4 port containing the guidelines required under subsection 

5 (a) and any recommendations for any modifications to 

6 such guidelines. 

7 SEC. 1607. DEFINITIONS. 

8 In this title: 

9 (1) AUDIENCE RESEARCH.—The term ‘‘audi10 ence research’’ means research conducted at the out11 set of a public diplomacy program or the outset of 

12 campaign planning and design regarding specific au13 dience segments to understand the attitudes, inter14 ests, knowledge, and behaviors of such audience seg15 ments. 

16 (2) DIGITAL ANALYTICS.—The term ‘‘digital 

17 analytics’’ means the analysis of qualitative and 

18 quantitative data, accumulated in digital format, to 

19 indicate the outputs and outcomes of a public diplo20 macy program or campaign. 

21 (3) IMPACT EVALUATION.—The term ‘‘impact 

22 evaluation’’ means an assessment of the changes in 

23 the audience targeted by a public diplomacy program 

24 or campaign that can be attributed to such program 

25 or campaign. 


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1 (4) PUBLIC DIPLOMACY BUREAUS AND OF2 FICES.—The term ‘‘public diplomacy bureaus and 

3 offices’’ means, with respect to the Department, the 

4 following: 

5 (A) The Bureau of Educational and Cul6 tural Affairs. 

7 (B) The Bureau of Global Public Affairs. 

8 (C) The Office of Policy, Planning, and 

9 Resources for Public Diplomacy and Public Af10 fairs. 

11 (D) The Global Engagement Center. 

12 (E) The public diplomacy functions within 

13 the regional and functional bureaus. 

14 TITLE VII—COMBATING PUBLIC 

15 CORRUPTION 

16 SEC. 1701. SENSE OF CONGRESS. 

17 It is the sense of Congress that— 

18 (1) it is in the foreign policy interest of the 

19 United States to help foreign countries promote 

20 good governance and combat public corruption; 

21 (2) multiple Federal departments and agencies 

22 operate programs that promote good governance in 

23 foreign countries and enhance such countries’ ability 

24 to combat public corruption; and 

25 (3) the Department of State should— 


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1 (A) promote coordination among the Fed2 eral departments and agencies implementing 

3 programs to promote good governance and com4 bat public corruption in foreign countries in 

5 order to improve effectiveness and efficiency; 

6 and 

7 (B) identify areas in which United States 

8 efforts to help other countries promote good 

9 governance and combat public corruption could 

10 be enhanced. 

11 SEC. 1702. ANNUAL ASSESSMENT. 

12 (a) IN GENERAL.—For each of fiscal years 2022 

13 through 2027, the Secretary of State shall assess the ca14 pacity and commitment of foreign governments to which 

15 the United States provides foreign assistance under the 

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

17 or the Arms Export Control Act (22 U.S.C. 2751 et seq.) 

18 to combat public corruption. Each such assessment 

19 shall— 

20 (1) utilize independent, third party indicators 

21 that measure transparency, accountability, and cor22 ruption in the public sector in such countries, includ23 ing the extent to which public power is exercised for 

24 private gain, to identify those countries that are 

25 most vulnerable to public corruption; 


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1 (2) consider, to the extent reliable information 

2 is available, whether the government of a country 

3 identified under paragraph (1)— 

4 (A) has adopted measures to prevent pub5 lic corruption, such as measures to inform and 

6 educate the public, including potential victims, 

7 about the causes and consequences of public 

8 corruption; 

9 (B) has enacted laws and established gov10 ernment structures, policies, and practices that 

11 prohibit public corruption; 

12 (C) enforces such laws through a fair judi13 cial process; 

14 (D) vigorously investigates, prosecutes, 

15 convicts, and sentences public officials who par16 ticipate in or facilitate public corruption, includ17 ing nationals of such country who are deployed 

18 in foreign military assignments, trade delega19 tions abroad, or other similar missions who en20 gage in or facilitate public corruption; 

21 (E) prescribes appropriate punishment for 

22 serious and significant corruption that is com23 mensurate with the punishment prescribed for 

24 serious crimes; 


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1 (F) prescribes appropriate punishment for 

2 significant corruption that provides a suffi3 ciently stringent deterrent and adequately re4 flects the nature of the offense; 

5 (G) convicts and sentences persons respon6 sible for such acts that take place wholly or 

7 partly within the country of such government, 

8 including, as appropriate, requiring the incar9 ceration of individuals convicted of such acts; 

10 (H) holds private sector representatives ac11 countable for their role in public corruption; 

12 and 

13 (I) addresses threats for civil society to 

14 monitor anti-corruption efforts; 

15 (3) further consider— 

16 (A) verifiable measures taken by the gov17 ernment of a country identified under para18 graph (1) to prohibit government officials from 

19 participating in, facilitating, or condoning pub20 lic corruption, including the investigation, pros21 ecution, and conviction of such officials; 

22 (B) the extent to which such government 

23 provides access, or, as appropriate, makes ade24 quate resources available, to civil society organi25 zations and other institutions to combat public 


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1 corruption, including reporting, investigating, 

2 and monitoring; 

3 (C) the extent to which an independent ju4 diciary or judicial body in such country is re5 sponsible for, and effectively capable of, decid6 ing public corruption cases impartially, on the 

7 basis of facts and in accordance with law, with8 out any improper restrictions, influences, in9 ducements, pressures, threats, or interferences, 

10 whether direct or indirect, from any source or 

11 for any reason; 

12 (D) the extent to which such government 

13 cooperates meaningfully with the United States 

14 to strengthen government and judicial institu15 tions and the rule of law to prevent, prohibit, 

16 and punish public corruption; and 

17 (E) the extent to which such government— 

18 (i) is assisting in international inves19 tigations of transnational public corruption 

20 networks and in other cooperative efforts 

21 to combat serious, significant corruption, 

22 including cooperating with the govern23 ments of other countries to extradite cor24 rupt actors; 


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1 (ii) recognizes the rights of victims of 

2 public corruption, ensures their access to 

3 justice, and takes steps to prevent such 

4 victims from being further victimized or 

5 persecuted by corrupt actors, government 

6 officials, or others; and 

7 (iii) refrains from prosecuting legiti8 mate victims of public corruption or whis9 tleblowers due to such persons having as10 sisted in exposing public corruption, and 

11 refrains from other discriminatory treat12 ment of such persons; and 

13 (4) contain such other information relating to 

14 public corruption as the Secretary of State considers 

15 appropriate. 

16 (b) IDENTIFICATION.—After conducting each assess17 ment under subsection (a), the Secretary of State shall 

18 identify, of the countries described in subsection (a)(1)— 

19 (1) which countries are meeting minimum 

20 standards to combat public corruption; 

21 (2) which countries are not meeting such min22 imum standards but are making significant efforts 

23 to do so; and 


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1 (3) which countries are not meeting such min2 imum standards and are not making significant ef3 forts to do so. 

4 (c) REPORT.—Except as provided in subsection (d), 

5 not later than 180 days after the date of the enactment 

6 of this Act and annually thereafter through fiscal year 

7 2027, the Secretary of State shall submit to the appro8 priate congressional committees, the Committee on Appro9 priations of the House of Representatives, and the Com10 mittee on Appropriations of the Senate a report, and make 

11 such report publicly available, that— 

12 (1) identifies the countries described in sub13 section (a)(1) and paragraphs (2) and (3) of sub14 section (b); 

15 (2) describes the methodology and data utilized 

16 in the assessments under subsection (a); and 

17 (3) identifies the reasons for the identifications 

18 referred to in paragraph (1). 

19 (d) BRIEFING IN LIEU OF REPORT.—The Secretary 

20 of State may waive the requirement to submit and make 

21 publicly available a written report under subsection (c) if 

22 the Secretary— 

23 (1) determines that publication of such report 

24 would— 


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1 (A) undermine existing United States anti2 corruption efforts in one or more countries; or 

3 (B) threaten the national interests of the 

4 United States; and 

5 (2) provides to the appropriate congressional 

6 committees a briefing that— 

7 (A) identifies the countries described in 

8 subsection (a)(1) and paragraphs (2) and (3) of 

9 subsection (b); 

10 (B) describes the methodology and data 

11 utilized in the assessment under subsection (a); 

12 and 

13 (C) identifies the reasons for the identifica14 tions referred to in subparagraph (A). 

15 SEC. 1703. TRANSPARENCY AND ACCOUNTABILITY. 

16 For each country identified under paragraphs (2) and 

17 (3) of section 1702(b), the Secretary of State, in coordina18 tion with the Administrator of the United States Agency 

19 for International Development, as appropriate, shall— 

20 (1) ensure that a corruption risk assessment 

21 and mitigation strategy is included in the integrated 

22 country strategy for such country; and 

23 (2) utilize appropriate mechanisms to combat 

24 corruption in such countries, including by ensur25 ing— 


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1 (A) the inclusion of anti-corruption clauses 

2 in contracts, grants, and cooperative agree3 ments entered into by the Department of State 

4 or the United States Agency for International 

5 Development for or in such countries, which 

6 allow for the termination of such contracts, 

7 grants, or cooperative agreements, as the case 

8 may be, without penalty if credible indicators of 

9 public corruption are discovered; 

10 (B) the inclusion of appropriate clawback 

11 or flowdown clauses within the procurement in12 struments of the Department of State and the 

13 United States Agency for International Devel14 opment that provide for the recovery of funds 

15 misappropriated through corruption; 

16 (C) the appropriate disclosure to the 

17 United States Government, in confidential 

18 form, if necessary, of the beneficial ownership 

19 of contractors, subcontractors, grantees, cooper20 ative agreement participants, and other organi21 zations implementing programs on behalf of the 

22 Department of State or the United States 

23 Agency for International Development; and 


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1 (D) the establishment of mechanisms for 

2 investigating allegations of misappropriated re3 sources and equipment. 

4 SEC. 1704. DESIGNATION OF EMBASSY ANTI-CORRUPTION 

5 POINTS OF CONTACT. 

6 (a) IN GENERAL.—The Secretary of State shall an7 nually designate an anti-corruption point of contact at the 

8 United States diplomatic post to each country identified 

9 under paragraphs (2) and (3) of section 1702(b), or which 

10 the Secretary otherwise determines is in need of such a 

11 point of contact. The point of contact shall be the chief 

12 of mission or the chief of mission’s designee. 

13 (b) RESPONSIBILITIES.—Each anti-corruption point 

14 of contact designated under subsection (a) shall be respon15 sible for coordinating and overseeing the implementation 

16 of a whole-of-government approach among the relevant 

17 Federal departments and agencies operating programs 

18 that— 

19 (1) promote good governance in foreign coun20 tries; and 

21 (2) enhance the ability of such countries to— 

22 (A) combat public corruption; and 

23 (B) develop and implement corruption risk 

24 assessment tools and mitigation strategies. 


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1 (c) TRAINING.—The Secretary of State shall imple2 ment appropriate training for anti-corruption points of 

3 contact designated under subsection (a). 

4 TITLE VIII—OTHER MATTERS 

5 SEC. 1801. CASE-ZABLOCKI ACT REFORM. 

6 Section 112b of title 1, United States Code, is 

7 amended— 

8 (1) in subsection (a)— 

9 (A) in the first sentence, by striking 

10 ‘‘sixty’’ and inserting ‘‘30’’; and 

11 (B) in the second sentence, by striking 

12 ‘‘Committee on International Relations’’ and in13 serting ‘‘Committee on Foreign Affairs’’; and 

14 (2) by amending subsection (b) to read as fol15 lows: 

16 ‘‘(b) Each department or agency of the United States 

17 Government that enters into any international agreement 

18 described in subsection (a) on behalf of the United States, 

19 shall designate a Chief International Agreements Officer, 

20 who— 

21 ‘‘(1) shall be a current employee of such depart22 ment or agency; 

23 ‘‘(2) shall serve concurrently as Chief Inter24 national Agreements Officer; and 


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1 ‘‘(3) subject to the authority of the head of 

2 such department or agency, shall have department 

3 or agency-wide responsibility for efficient and appro4 priate compliance with subsection (a) to transmit the 

5 text of any international agreement to the Depart6 ment of State expeditiously after such agreement 

7 has been signed.’’. 

8 SEC. 1802. LIMITATION ON ASSISTANCE TO COUNTRIES IN 

9 DEFAULT. 

10 Section 620(q) of the Foreign Assistance Act of 1961 

11 (22 U.S.C. 2370(q)) is amended— 

12 (1) by striking ‘‘No assistance’’ and inserting 

13 the following ‘‘(1) No assistance’’; 

14 (2) by inserting ‘‘the government of’’ before 

15 ‘‘any country’’; 

16 (3) by inserting ‘‘the government of’’ before 

17 ‘‘such country’’ each place it appears; 

18 (4) by striking ‘‘determines’’ and all that fol19 lows and inserting ‘‘determines, after consultation 

20 with the Committee on Foreign Affairs and the 

21 Committee on Appropriations of the House of Rep22 resentatives and the Committee on Foreign Rela23 tions and the Committee on Appropriations of the 

24 Senate, that assistance for such country is in the na25 tional interest of the United States.’’; and 


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1 (5) by adding at the end the following: 

2 ‘‘(2) No assistance shall be furnished under this Act, 

3 the Peace Corps Act, the Millennium Challenge Act of 

4 2003, the African Development Foundation Act, the 

5 BUILD Act of 2018, section 504 of the FREEDOM Sup6 port Act, or section 23 of the Arms Export Control Act 

7 to the government of any country which is in default dur8 ing a period in excess of 1 calendar year in payment to 

9 the United States of principal or interest or any loan made 

10 to the government of such country by the United States 

11 unless the President determines, following consultation 

12 with the congressional committees specified in paragraph 

13 (1), that assistance for such country is in the national in14 terest of the United States.’’. 

15 SEC. 1803. SEAN AND DAVID GOLDMAN CHILD ABDUCTION 

16 PREVENTION AND RETURN ACT OF 2014 

17 AMENDMENT. 

18 Subsection (b) of section 101 of the Sean and David 

19 Goldman International Child Abduction Prevention and 

20 Return Act of 2014 (22 U.S.C. 9111; Public Law 113– 

21 150) is amended— 

22 (1) in paragraph (2)— 

23 (A) in subparagraph (A)— 

24 (i) by inserting ‘‘, respectively,’’ after 

25 ‘‘access cases’’; and 


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1 (ii) by inserting ‘‘and the number of 

2 children involved’’ before the semicolon at 

3 the end; 

4 (B) in subparagraph (D), by inserting ‘‘re5 spectively, the number of children involved,’’ 

6 after ‘‘access cases,’’; 

7 (2) in paragraph (7), by inserting ‘‘, and num8 ber of children involved in such cases’’ before the 

9 semicolon at the end; 

10 (3) in paragraph (8), by striking ‘‘and’’ after 

11 the semicolon at the end; 

12 (4) in paragraph (9), by striking the period at 

13 the end and inserting ‘‘; and’’; and 

14 (5) by adding at the end the following new 

15 paragraph: 

16 ‘‘(10) the total number of pending cases the 

17 Department of State has assigned to case officers 

18 and number of children involved for each country 

19 and as a total for all countries.’’. 

20 SEC. 1804. MODIFICATION OF AUTHORITIES OF COMMIS21 SION FOR THE PRESERVATION OF AMERICA’S 

22 HERITAGE ABROAD. 

23 (a) IN GENERAL.—Chapter 3123 of title 54, United 

24 States Code, is amended as follows: 


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1 (1) In section 312302, by inserting ‘‘, and 

2 unimpeded access to those sites,’’ after ‘‘and historic 

3 buildings’’. 

4 (2) In section 312304(a)— 

5 (A) in paragraph (2)— 

6 (i) by striking ‘‘and historic build7 ings’’ and inserting ‘‘and historic buildings, 

8 and unimpeded access to those sites’’; and 

9 (ii) by striking ‘‘and protected’’ and 

10 inserting ‘‘, protected, and made acces11 sible’’; and 

12 (B) in paragraph (3), by striking ‘‘and 

13 protecting’’ and inserting ‘‘, protecting, and 

14 making accessible’’. 

15 (3) In section 312305, by inserting ‘‘and to the 

16 Committee on Foreign Affairs of the House of Rep17 resentatives and the Committee on Foreign Rela18 tions of the Senate’’ after ‘‘President’’. 

19 (b) REPORT.—Not later than 90 days after the date 

20 of the enactment of this Act, the Commission for the Pres21 ervation of America’s Heritage Abroad shall submit to the 

22 President and to the Committee on Foreign Affairs of the 

23 House of Representatives and the Committee on Foreign 

24 Relations of the Senate a report that contains an evalua25 tion of the extent to which the Commission is prepared 


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1 to continue its activities and accomplishments with respect 

2 to the foreign heritage of United States citizens from east3 ern and central Europe, were the Commission’s duties and 

4 powers extended to include other regions, including the 

5 Middle East and North Africa, and any additional re6 sources or personnel the Commission would require. 

7 SEC. 1805. CHIEF OF MISSION CONCURRENCE. 

8 In the course of providing concurrence to the exercise 

9 of the authority pursuant to section 127e of title 10, 

10 United State Code, or section 1202 of the National De11 fense Authorization Act for Fiscal Year 2018— 

12 (1) each relevant chief of mission shall inform 

13 and consult in a timely manner with relevant indi14 viduals at relevant missions or bureaus of the De15 partment of State; and 

16 (2) the Secretary of State shall take such steps 

17 as may be necessary to ensure that such relevant in18 dividuals have the security clearances necessary and 

19 access to relevant compartmented and special pro20 grams to so consult in a timely manner with respect 

21 to such concurrence. 

22 SEC. 1806. REPORT ON EFFORTS OF THE CORONAVIRUS RE23 PATRIATION TASK FORCE. 

24 Not later than 90 days after the date of the enact25 ment of this Act, the Secretary of State shall submit to 


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1 the appropriate congressional committees, the Committee 

2 on Armed Services of the House of Representatives, and 

3 the Committee on Armed Services of the Senate a report 

4 evaluating the efforts of the Coronavirus Repatriation 

5 Task Force of the Department of State to repatriate 

6 United States citizens and legal permanent residents in 

7 response to the 2020 coronavirus outbreak. The report 

8 shall identify— 

9 (1) the most significant impediments to repa10 triating such persons; 

11 (2) the lessons learned from such repatriations; 

12 and 

13 (3) any changes planned to future repatriation 

14 efforts of the Department of State to incorporate 

15 such lessons learned. 

Passed the House of Representatives May 18, 2021. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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