IB 

Union Calendar No. 18 

117TH CONGRESS 

1ST SESSION H. R. 1157 

[Report No. 117–33] 

To provide for certain authorities of the Department of State, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 18, 2021 

Mr. MEEKS (for himself and Mr. MCCAUL) introduced the following bill; which 

was referred to the Committee on Foreign Affairs 

MAY 13, 2021 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on February 18, 2021] 


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A BILL 

To provide for certain authorities of the Department of 

State, and for other purposes. 


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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘De5 partment of State Authorization Act of 2021’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

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. 


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Sec. 1213. Statement of policy. 

Sec. 1214. Definitions. 

TITLE III—PERSONNEL ISSUES 

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. 


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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. 

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 commit5 tees’’ means the Committee on Foreign Affairs of the 

6 House of Representatives and the Committee on For7 eign Relations of the Senate. 


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

2 the term ‘‘Department’’ means the Department of 

3 State. 

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

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

6 TITLE I—ORGANIZATION AND 

7 OPERATIONS OF THE DE8 PARTMENT OF STATE 

9 SEC. 1001. DIPLOMATIC PROGRAMS. 

10 For ‘‘Diplomatic Programs’’, there is authorized to be 

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

12 SEC. 1002. SENSE OF CONGRESS ON IMPORTANCE OF DE13 PARTMENT OF STATE’S WORK. 

14 It is the sense of Congress that— 

15 (1) United States global engagement is key to a 

16 stable and prosperous world; 

17 (2) United States leadership is indispensable in 

18 light of the many complex and interconnected threats 

19 facing the United States and the world; 

20 (3) diplomacy and development are critical tools 

21 of national power, and full deployment of these tools 

22 is vital to United States national security; 

23 (4) challenges such as the global refugee and mi24 gration crises, terrorism, historic famine and food in25 security, and fragile or repressive societies cannot be 


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1 addressed without sustained and robust United States 

2 diplomatic and development leadership; 

3 (5) the United States Government must use all 

4 of the instruments of national security and foreign 

5 policy at its disposal to protect United States citi6 zens, promote United States interests and values, and 

7 support global stability and prosperity; 

8 (6) United States security and prosperity depend 

9 on having partners and allies that share our interests 

10 and values, and these partnerships are nurtured and 

11 our shared interests and values are promoted through 

12 United States diplomatic engagement, security co13 operation, economic statecraft, and assistance that 

14 helps further economic development, good governance, 

15 including the rule of law and democratic institutions, 

16 and the development of shared responses to natural 

17 and humanitarian disasters; 

18 (7) as the United States Government agencies 

19 primarily charged with conducting diplomacy and 

20 development, the Department and the United States 

21 Agency for International Development (USAID) re22 quire sustained and robust funding to carry out this 

23 important work, which is essential to our ability to 

24 project United States leadership and values and to 

25 advance United States interests around the world; 


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1 (8) the work of the Department and USAID 

2 makes the United States and the world safer and 

3 more prosperous by alleviating global poverty and 

4 hunger, fighting HIV/AIDS and other infectious dis5 eases, strengthening alliances, expanding educational 

6 opportunities for women and girls, promoting good 

7 governance and democracy, supporting anti-corrup8 tion efforts, driving economic development and trade, 

9 preventing armed conflicts and humanitarian crises, 

10 and creating American jobs and export opportunities; 

11 (9) the Department and USAID are vital na12 tional security agencies, whose work is critical to the 

13 projection of United States power and leadership 

14 worldwide, and without which Americans would be 

15 less safe, United States economic power would be di16 minished, and global stability and prosperity would 

17 suffer; 

18 (10) investing in diplomacy and development be19 fore conflicts break out saves American lives while 

20 also being cost-effective; and 

21 (11) the contributions of personnel working at 

22 the Department and USAID are extraordinarily val23 uable and allow the United States to maintain its 

24 leadership around the world. 


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

2 LABOR. 

3 Paragraph (2) of section 1(c) of the State Department 

4 Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amend5 ed— 

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

7 the following new sentence: ‘‘All special envoys, am8 bassadors, and coordinators located within the Bu9 reau of Democracy, Human Rights, and Labor shall 

10 report directly to the Assistant Secretary unless other11 wise provided by law.’’; 

12 (2) in subparagraph (B)(ii)— 

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

14 ‘‘sections 116 and’’; and 

15 (B) by inserting before the period at the end 

16 the following: ‘‘(commonly referred to as the an17 nual ‘Country Reports on Human Rights Prac18 tices’)’’; and 

19 (3) by adding at the end the following new sub20 paragraphs: 

21 ‘‘(C) AUTHORITIES.—In addition to the du22 ties, functions, and responsibilities specified in 

23 this paragraph, the Assistant Secretary of State 

24 for Democracy, Human Rights, and Labor is au25 thorized to— 


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1 ‘‘(i) promote democracy and actively 

2 support human rights throughout the world; 

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

4 governance throughout the world; 

5 ‘‘(iii) strengthen, empower, and protect 

6 civil society representatives, programs, and 

7 organizations, and facilitate their ability to 

8 engage in dialogue with governments and 

9 other civil society entities; 

10 ‘‘(iv) work with regional bureaus to en11 sure adequate personnel at diplomatic posts 

12 are assigned responsibilities relating to ad13 vancing democracy, human rights, labor 

14 rights, women’s equal participation in soci15 ety, and the rule of law, with particular at16 tention paid to adequate oversight and en17 gagement on such issues by senior officials 

18 at such posts; 

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

20 recommendations to the Secretary of State 

21 regarding the proposed transfer of— 

22 ‘‘(I) defense articles and defense 

23 services authorized under the Foreign 

24 Assistance Act of 1961 (22 U.S.C. 2151 


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1 et seq.) or the Arms Export Control Act 

2 (22 U.S.C. 2751 et seq.); and 

3 ‘‘(II) military items listed on the 

4 ‘600 series’ of the Commerce Control 

5 List contained in Supplement No. 1 to 

6 part 774 of subtitle B of title 15, Code 

7 of Federal Regulations; 

8 ‘‘(vi) coordinate programs and activi9 ties that protect and advance the exercise of 

10 human rights and internet freedom in 

11 cyberspace; and 

12 ‘‘(vii) implement other relevant policies 

13 and provisions of law. 

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

15 missions, when executing DRL programming, to 

16 the extent practicable, should assist in exercising 

17 oversight authority and coordinate with the Bu18 reau of Democracy, Human Rights, and Labor 

19 to ensure that funds are appropriately used and 

20 comply with anti-corruption practices.’’. 


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1 SEC. 1004. ASSISTANT SECRETARY FOR INTERNATIONAL 

2 NARCOTICS AND LAW ENFORCEMENT AF3 FAIRS. 

4 (a) IN GENERAL.—Section 1(c) of the State Depart5 ment Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)) 

6 is amended— 

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

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

9 (2) by inserting after paragraph (2) the fol10 lowing new paragraph: 

11 ‘‘(3) ASSISTANT SECRETARY FOR INTERNATIONAL

12 NARCOTICS AND LAW ENFORCEMENT AFFAIRS.— 

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

14 be in the Department of State an Assistant Sec15 retary for International Narcotics and Law En16 forcement Affairs, who shall be responsible to the 

17 Secretary of State for all matters, programs, and 

18 related activities pertaining to international 

19 narcotics, anti-crime, and law enforcement af20 fairs in the conduct of foreign policy by the De21 partment, including, as appropriate, leading the 

22 coordination of programs carried out by United 

23 States Government agencies abroad, and such 

24 other related duties as the Secretary may from 

25 time to time designate. 


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1 ‘‘(B) AREAS OF RESPONSIBILITY.—The As2 sistant Secretary for International Narcotics and 

3 Law Enforcement Affairs shall maintain contin4 uous observation and coordination of all matters 

5 pertaining to international narcotics, anti-crime, 

6 and law enforcement affairs in the conduct of 

7 foreign policy, including programs carried out 

8 by other United States Government agencies 

9 when such programs pertain to the following 

10 matters: 

11 ‘‘(i) Combating international narcotics 

12 production and trafficking. 

13 ‘‘(ii) Strengthening foreign justice sys14 tems, including judicial and prosecutorial 

15 capacity, appeals systems, law enforcement 

16 agencies, prison systems, and the sharing of 

17 recovered assets. 

18 ‘‘(iii) Training and equipping foreign 

19 police, border control, other government offi20 cials, and other civilian law enforcement 

21 authorities for anti-crime purposes, includ22 ing ensuring that no foreign security unit 

23 or member of such unit shall receive such 

24 assistance from the United States Govern25 ment absent appropriate vetting. 


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1 ‘‘(iv) Ensuring the inclusion of human 

2 rights and women’s participation issues in 

3 law enforcement programs, in consultation 

4 with the Assistant Secretary for Democracy, 

5 Human Rights, and Labor, and other senior 

6 officials in regional and thematic bureaus 

7 and offices. 

8 ‘‘(v) Combating, in conjunction with 

9 other relevant bureaus of the Department of 

10 State and other United States Government 

11 agencies, all forms of transnational orga12 nized crime, including human trafficking, 

13 illicit trafficking in arms, wildlife, and cul14 tural property, migrant smuggling, corrup15 tion, money laundering, the illicit smug16 gling of bulk cash, the licit use of financial 

17 systems for malign purposes, and other new 

18 and emerging forms of crime. 

19 ‘‘(vi) Identifying and responding to 

20 global corruption, including strengthening 

21 the capacity of foreign government institu22 tions responsible for addressing financial 

23 crimes and engaging with multilateral or24 ganizations responsible for monitoring and 


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1 supporting foreign governments’ anti-cor2 ruption efforts. 

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

4 the responsibilities specified in subparagraph 

5 (B), the Assistant Secretary for International 

6 Narcotics and Law Enforcement Affairs shall 

7 also— 

8 ‘‘(i) carry out timely and substantive 

9 consultation with chiefs of mission and, as 

10 appropriate, the heads of other United 

11 States Government agencies to ensure effec12 tive coordination of all international nar13 cotics and law enforcement programs car14 ried out overseas by the Department and 

15 such other agencies; 

16 ‘‘(ii) coordinate with the Office of Na17 tional Drug Control Policy to ensure lessons 

18 learned from other United States Govern19 ment agencies are available to the Bureau 

20 of International Narcotics and Law En21 forcement Affairs of the Department; 

22 ‘‘(iii) develop standard requirements 

23 for monitoring and evaluation of Bureau 

24 programs, including metrics for success that 


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1 do not rely solely on the amounts of illegal 

2 drugs that are produced or seized; 

3 ‘‘(iv) in coordination with the Sec4 retary of State, annually certify in writing 

5 to the Committee on Foreign Affairs of the 

6 House of Representatives and the Committee 

7 on Foreign Relations of the Senate that 

8 United States law enforcement personnel 

9 posted abroad whose activities are funded to 

10 any extent by the Bureau of International 

11 Narcotics and Law Enforcement Affairs are 

12 complying with section 207 of the Foreign 

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

14 ‘‘(v) carry out such other relevant du15 ties as the Secretary may assign. 

16 ‘‘(D) RULE OF CONSTRUCTION.—Nothing in 

17 this paragraph may be construed to limit or im18 pair the authority or responsibility of any other 

19 Federal agency with respect to law enforcement, 

20 domestic security operations, or intelligence ac21 tivities as defined in Executive Order 12333.’’. 

22 (b) MODIFICATION OF ANNUAL INTERNATIONAL NAR23 COTICS CONTROL STRATEGY REPORT.—Subsection (a) of 

24 section 489 of the Foreign Assistance Act of 1961 (22 U.S.C. 


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1 2291h) is amended by inserting after paragraph (9) the fol2 lowing new paragraph: 

3 ‘‘(10) A separate section that contains an identi4 fication of all United States Government-supported 

5 units funded by the Bureau of International Narcotics 

6 and Law Enforcement Affairs and any Bureau-fund7 ed operations by such units in which United States 

8 law enforcement personnel have been physically 

9 present.’’. 

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

11 POPULATION, REFUGEES, AND MIGRATION. 

12 Section 1 of the State Department Basic Authorities 

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

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

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

16 (2) by inserting after subsection (f) the following 

17 new subsections: 

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

19 Department of State the Bureau of Consular Affairs, which 

20 shall be headed by the Assistant Secretary of State for Con21 sular Affairs. 

22 ‘‘(h) BUREAU OF POPULATION, REFUGEES, AND MI23 GRATION.—There is in the Department of State the Bureau 

24 of Population, Refugees, and Migration, which shall be 


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1 headed by the Assistant Secretary of State for Population, 

2 Refugees, and Migration.’’. 

3 SEC. 1006. OFFICE OF INTERNATIONAL DISABILITY RIGHTS. 

4 (a) ESTABLISHMENT.—There should be established in 

5 the Department of State an Office of International Dis6 ability Rights (referred to in this section as the ‘‘Office’’). 

7 (b) DUTIES.—The Office should— 

8 (1) seek to ensure that all United States foreign 

9 operations are accessible to, and inclusive of, persons 

10 with disabilities; 

11 (2) promote the human rights and full participa12 tion in international development activities of all per13 sons with disabilities; 

14 (3) promote disability inclusive practices and the 

15 training of Department of State staff on soliciting 

16 quality programs that are fully inclusive of people 

17 with disabilities; 

18 (4) represent the United States in diplomatic 

19 and multilateral fora on matters relevant to the rights 

20 of persons with disabilities, and work to raise the pro21 file of disability across a broader range of organiza22 tions contributing to international development ef23 forts; 

24 (5) conduct regular consultation with civil soci25 ety organizations working to advance international 


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1 disability rights and empower persons with disabil2 ities internationally; 

3 (6) consult with other relevant offices at the De4 partment that are responsible for drafting annual re5 ports documenting progress on human rights, includ6 ing, wherever applicable, references to instances of 

7 discrimination, prejudice, or abuses of persons with 

8 disabilities; 

9 (7) advise the Bureau of Human Resources or its 

10 equivalent within the Department regarding the hir11 ing and recruitment and overseas practices of civil 

12 service employees and Foreign Service officers with 

13 disabilities and their family members with chronic 

14 medical conditions or disabilities; and 

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

16 Secretary of State may assign. 

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

18 (1) a senior advisor to the appropriate Assistant 

19 Secretary of State; or 

20 (2) an officer exercising significant authority 

21 who reports to the President or Secretary of State, 

22 appointed by and with the advice and consent of the 

23 Senate. 

24 (d) CONSULTATION.—The Secretary of State should di25 rect Ambassadors at Large, Representatives, Special EnVerDate Sep 11 2014 21:54 May 13, 2021 Jkt 019200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6203 E:\BILLS\H1157.RH H1157

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1 voys, and coordinators working on human rights to consult 

2 with the Office to promote the human rights and full par3 ticipation in international development activities of all per4 sons with disabilities. 

5 SEC. 1007. ANTI-PIRACY INFORMATION SHARING. 

6 The Secretary is authorized to provide for the partici7 pation by the United States in the Information Sharing 

8 Centre located in Singapore, as established by the Regional 

9 Cooperation Agreement on Combating Piracy and Armed 

10 Robbery against Ships in Asia (ReCAAP). 

11 SEC. 1008. IMPORTANCE OF FOREIGN AFFAIRS TRAINING 

12 TO NATIONAL SECURITY. 

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

14 that— 

15 (1) the Department is a crucial national security 

16 agency, whose employees, both Foreign and Civil 

17 Service, require the best possible training at every 

18 stage of their careers to prepare them to promote and 

19 defend United States national interests and the health 

20 and safety of United States citizens abroad; 

21 (2) the Department of State’s investment of time 

22 and resources with respect to the training and edu23 cation of its personnel is considerably below the level 

24 of other Federal departments and agencies in the na25 tional security field, and falls well below the investVerDate Sep 11 2014 21:54 May 13, 2021 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6203 E:\BILLS\H1157.RH H1157

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1 ments many allied and adversarial countries make in 

2 the development of their diplomats; 

3 (3) the Department faces increasingly complex 

4 and rapidly evolving challenges, many of which are 

5 science and technology-driven, and which demand the 

6 continual, high-quality training and education of its 

7 personnel; 

8 (4) the Department must move beyond reliance 

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

10 mentorship practices, which lead to an inequality in 

11 skillset development and career advancement opportu12 nities, often particularly for minority personnel, and 

13 towards a robust professional tradecraft training con14 tinuum that will provide for greater equality in ca15 reer advancement and increase minority participa16 tion in the senior ranks; 

17 (5) the Department’s Foreign Service Institute 

18 and other training facilities should seek to substan19 tially increase its educational and training offerings 

20 to Department personnel, including developing new 

21 and innovative educational and training courses, 

22 methods, programs, and opportunities; and 

23 (6) consistent with existing Department gift ac24 ceptance authority and other applicable laws, the De25 partment and Foreign Service Institute may accept 


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1 funds and other resources from foundations, not-for2 profit corporations, and other appropriate sources to 

3 help the Department and the Institute enhance the 

4 quantity and quality of training offerings, especially 

5 in the introduction of new, innovative, and pilot 

6 model courses. 

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

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

9 shall develop and submit to the appropriate congressional 

10 committees a strategy to establish a ‘‘training float’’ to 

11 allow for up to 15 percent of the Civil and Foreign Service 

12 to participate in long-term training at any given time. The 

13 strategy should identify steps necessary to ensure implemen14 tation of the training priorities identified in subsection (c), 

15 sufficient training capacity and opportunities are available 

16 to Civil and Foreign Service officers, equitable distribution 

17 of long-term training opportunities to Civil and Foreign 

18 Service officers, and any additional resources or authorities 

19 necessary to facilitate such a training float, including pro20 grams at the George P. Schultz National Foreign Affairs 

21 Training Center, the Foreign Service Institute, the Foreign 

22 Affairs Security Training Center, and other facilities or 

23 programs operated by the Department of State. The strategy 

24 shall identify which types of training would be prioritized, 

25 the extent (if any) to which such training is already being 


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1 provided to Civil and Foreign Service officers by the De2 partment of State, any factors incentivizing or 

3 disincentivizing such training, and why such training can4 not be achieved without Civil and Foreign Service officers 

5 leaving the workforce. In addition to training opportunities 

6 provided by the Department, the strategy shall consider 

7 training that could be provided by the other United States 

8 Government training institutions, as well as non-govern9 mental educational institutions. The strategy shall consider 

10 approaches to overcome disincentives to pursuing long-term 

11 training. 

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

13 and Foreign Service with the level of education and train14 ing needed to effectively advance United States interests 

15 across the globe, the Department of State should— 

16 (1) increase its offerings— 

17 (A) of virtual instruction to make training 

18 more accessible to personnel deployed throughout 

19 the world; or 

20 (B) at partner organizations to provide use21 ful outside perspectives to Department personnel; 

22 (2) offer courses utilizing computer-based or as23 sisted simulations, allowing civilian officers to lead 

24 decision-making in a crisis environment; and 


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1 (3) consider increasing the duration and expand2 ing the focus of certain training courses, including— 

3 (A) the A-100 orientation course for Foreign 

4 Service officers, and 

5 (B) the chief of mission course to more ac6 curately reflect the significant responsibilities ac7 companying such role. 

8 (d) OTHER AGENCY RESPONSIBILITIES.—Other na9 tional security agencies should increase the enrollment of 

10 their personnel in courses at the Foreign Service Institute 

11 and other Department of State training facilities to pro12 mote a whole-of-government approach to mitigating na13 tional security challenges. 

14 SEC. 1009. CLASSIFICATION AND ASSIGNMENT OF FOREIGN 

15 SERVICE OFFICERS. 

16 The Foreign Service Act of 1980 is amended— 

17 (1) in section 501 (22 U.S.C. 3981), by inserting 

18 ‘‘If a position designated under this section is unfilled 

19 for more than 365 calendar days, such position may 

20 be filled, as appropriate, on a temporary basis, in ac21 cordance with section 309.’’ after ‘‘Positions des22 ignated under this section are excepted from the com23 petitive service.’’; and 

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

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


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1 position working on issues relating to a particular 

2 country or geographic area,’’ after ‘‘geographic area’’. 

3 SEC. 1010. ENERGY DIPLOMACY AND SECURITY WITHIN THE 

4 DEPARTMENT OF STATE. 

5 Section 1(c) of the State Department Basic Authorities 

6 Act of 1956 (22 U.S.C. 2651a), as amended by section 1004 

7 of this Act, is further amended— 

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

9 redesignated pursuant to such section 1004) as para10 graphs (5) and (6); and 

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

12 pursuant to such section 1004) the following new 

13 paragraph: 

14 ‘‘(4) ENERGY RESOURCES.— 

15 ‘‘(A) AUTHORIZATION FOR ASSISTANT SEC16 RETARY.—Subject to the numerical limitation 

17 specified in paragraph (1), there is authorized to 

18 be established in the Department of State an As19 sistant Secretary of State for Energy Resources. 

20 ‘‘(B) PERSONNEL.—If the Department es21 tablishes an Assistant Secretary of State for En22 ergy Resources in accordance with the authoriza23 tion provided in subparagraph (A), the Sec24 retary of State shall ensure there are sufficient 

25 personnel dedicated to energy matters within the 


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1 Department of State whose responsibilities shall 

2 include— 

3 ‘‘(i) formulating and implementing 

4 international policies aimed at protecting 

5 and advancing United States energy secu6 rity interests by effectively managing 

7 United States bilateral and multilateral re8 lations; 

9 ‘‘(ii) ensuring that analyses of the na10 tional security implications of global energy 

11 and environmental developments are re12 flected in the decision making process with13 in the Department; 

14 ‘‘(iii) incorporating energy security 

15 priorities into the activities of the Depart16 ment; 

17 ‘‘(iv) coordinating energy activities of 

18 the Department with relevant Federal de19 partments and agencies; 

20 ‘‘(v) coordinating with the Office of 

21 Sanctions Coordination on economic sanc22 tions pertaining to the international energy 

23 sector; and 

24 ‘‘(vi) working internationally to— 


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1 ‘‘(I) support the development of 

2 energy resources and the distribution of 

3 such resources for the benefit of the 

4 United States and United States allies 

5 and trading partners for their energy 

6 security and economic development 

7 needs; 

8 ‘‘(II) promote availability of di9 versified energy supplies and a well10 functioning global market for energy 

11 resources, technologies, and expertise 

12 for the benefit of the United States and 

13 United States allies and trading part14 ners; 

15 ‘‘(III) resolve international dis16 putes regarding the exploration, devel17 opment, production, or distribution of 

18 energy resources; 

19 ‘‘(IV) support the economic and 

20 commercial interests of United States 

21 persons operating in the energy mar22 kets of foreign countries; 

23 ‘‘(V) support and coordinate 

24 international efforts to alleviate energy 

25 poverty; 


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1 ‘‘(VI) leading the United States 

2 commitment to the Extractive Indus3 tries Transparency Initiative; and 

4 ‘‘(VII) coordinating energy secu5 rity and other relevant functions with6 in the Department currently under7 taken by— 

8 ‘‘(aa) the Bureau of Eco9 nomic and Business Affairs; 

10 ‘‘(bb) the Bureau of Oceans 

11 and International Environmental 

12 and Scientific Affairs; and 

13 ‘‘(cc) other offices within the 

14 Department of State.’’. 

15 SEC. 1011. NATIONAL MUSEUM OF AMERICAN DIPLOMACY. 

16 Title I of the State Department Basic Authorities Act 

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

18 2735) the following new section: 

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

20 ‘‘(a) ACTIVITIES.— 

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

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

23 otherwise, for the performance of appropriate museum 

24 visitor and educational outreach services and related 

25 events, including organizing programs and conference 


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1 activities, museum shop services and food services in 

2 the public exhibition and related space utilized by the 

3 National Museum of American Diplomacy. 

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

5 State is authorized to recover any revenues generated 

6 under the authority of paragraph (1) for visitor and 

7 outreach services and related events referred to in 

8 such paragraph, including fees for use of facilities at 

9 the National Museum for American Diplomacy. Any 

10 such revenues may be retained as a recovery of the 

11 costs of operating the museum. 

12 ‘‘(b) DISPOSITION OF NATIONAL MUSEUM OF AMER13 ICAN DIPLOMACY DOCUMENTS, ARTIFACTS, AND OTHER

14 ARTICLES.— 

15 ‘‘(1) PROPERTY.—All historic documents, arti16 facts, or other articles permanently acquired by the 

17 Department of State and determined by the Secretary 

18 of State to be suitable for display by the National 

19 Museum of American Diplomacy shall be considered 

20 to be the property of the United States Government 

21 and shall be subject to disposition solely in accord22 ance with this subsection. 

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

24 Secretary of State makes the determination described 

25 in paragraph (3) with respect to a document, artifact, 


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1 or other article under paragraph (1), the Secretary 

2 may sell at fair market value, trade, or transfer such 

3 document, artifact, or other article without regard to 

4 the requirements of subtitle I of title 40, United 

5 States Code. The proceeds of any such sale may be 

6 used solely for the advancement of the mission of the 

7 National Museum of American Diplomacy and may 

8 not be used for any purpose other than the acquisition 

9 and direct care of the collections of the museum. 

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

11 OR TRANSFER.—The determination described in this 

12 paragraph with respect to a document, artifact, or 

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

14 that— 

15 ‘‘(A) such document, artifact, or other arti16 cle no longer serves to further the purposes of the 

17 National Museum of American Diplomacy as set 

18 forth in the collections management policy of the 

19 museum; 

20 ‘‘(B) the sale, trade, or transfer of such doc21 ument, artifact, or other article would serve to 

22 maintain the standards of the collection of the 

23 museum; or 


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1 ‘‘(C) sale, trade, or transfer of such docu2 ment, artifact, or other article would be in the 

3 best interests of the United States. 

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

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

6 transfer of documents, artifacts, or other articles 

7 under paragraph (1), the Secretary of State may loan 

8 such documents, artifacts, or other articles, when not 

9 needed for use or display by the National Museum of 

10 American Diplomacy to the Smithsonian Institution 

11 or a similar institution for repair, study, or exhi12 bition.’’. 

13 SEC. 1012. EXTENSION OF PERIOD FOR REIMBURSEMENT 

14 OF FISHERMEN FOR COSTS INCURRED FROM 

15 THE ILLEGAL SEIZURE AND DETENTION OF 

16 U.S.-FLAG FISHING VESSELS BY FOREIGN 

17 GOVERNMENTS. 

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

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

20 amended to read as follows: 

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

22 section only to such extent and in such amounts as are pro23 vided in advance in appropriation Acts.’’. 

24 (b) RETROACTIVE APPLICABILITY.— 


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1 (1) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall take effect on the date of the en3 actment of this Act and apply as if the date specified 

4 in subsection (e) of section 7 of the Fishermen’s Pro5 tective Act of 1967, as in effect on the day before the 

6 date of the enactment of this Act, were the day after 

7 such date of enactment. 

8 (2) AGREEMENTS AND PAYMENTS.—The Sec9 retary of State is authorized to— 

10 (A) enter into agreements pursuant to sec11 tion 7 of the Fishermen’s Protective Act of 1967 

12 for any claims to which such section would oth13 erwise apply but for the date specified in sub14 section (e) of such section, as in effect on the day 

15 before the date of the enactment of this Act; and 

16 (B) make payments in accordance with 

17 agreements entered into pursuant to such section 

18 if any such payments have not been made as a 

19 result of the expiration of the date specified in 

20 such section, as in effect on the day before the 

21 date of the enactment of this Act. 

22 SEC. 1013. ART IN EMBASSIES. 

23 (a) IN GENERAL.—No funds are authorized to be ap24 propriated for the purchase of any piece of art for the pur25 poses of installation or display in any embassy, consulate, 


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1 or other foreign mission of the United States if the purchase 

2 price of such piece of art is in excess of $25,000, unless 

3 such purchase is subject to prior consultation with, and the 

4 regular notification procedures of, the appropriate congres5 sional committees. 

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

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

8 submit to the appropriate congressional committees a report 

9 on the costs of the Art in Embassies Program for fiscal 

10 years 2012 through 2020. 

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

12 that is two years after the date of the enactment of this 

13 Act. 

14 (d) DEFINITION.—In this section, the term ‘‘art’’ in15 cludes paintings, sculptures, photographs, industrial design, 

16 and craft art. 

17 SEC. 1014. AMENDMENT OR REPEAL OF REPORTING RE18 QUIREMENTS. 

19 (a) BURMA.— 

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

21 104–208 is amended— 

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

23 follows: 


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1 ‘‘(c) MULTILATERAL STRATEGY.—The President shall 

2 develop, in coordination with like-minded countries, a com3 prehensive, multilateral strategy to— 

4 ‘‘(1) assist Burma in addressing corrosive ma5 lign influence of the People’s Republic of China; and 

6 ‘‘(2) support democratic, constitutional, eco7 nomic, and security sector reforms in Burma designed 

8 to— 

9 ‘‘(A) advance democratic development and 

10 improve human rights practices and the quality 

11 of life; and 

12 ‘‘(B) promote genuine national reconcili13 ation.’’; and 

14 (B) in subsection (d)— 

15 (i) in the matter preceding paragraph 

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

17 ‘‘year’’; 

18 (ii) by redesignating paragraph (3) as 

19 paragraph (7); and 

20 (iii) by inserting after paragraph (2) 

21 the following new paragraphs: 

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

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

24 economic growth; 


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1 ‘‘(5) progress toward genuine national reconcili2 ation; 

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

4 the Burmese people, including progress relating to 

5 market reforms, living standards, labor standards, use 

6 of forced labor in the tourism industry, and environ7 mental quality; and’’. 

8 (2) EFFECTIVE DATE.—The amendments made 

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

10 enactment of this Act and apply with respect to the 

11 first report required under subsection (d) of section 

12 570 of Public Law 104–208 that is required after the 

13 date of the enactment of this Act. 

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

15 hereby repealed: 

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

17 101–246. 

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

19 (3) Section 406 of Public Law 101–246 (22 

20 U.S.C. 2414a). 

21 (4) Subsection (c) of section 702 of Public Law 

22 96–465 (22 U.S.C. 4022). 

23 (5) Section 404 of the Arms Control and Disar24 mament Act (22 U.S.C. 2593b). 


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

2 3005). 

3 (7) Subsection (b) of section 502 of the Inter4 national Security and Development Cooperation Act 

5 of 1985 (22 U.S.C. 2349aa–7). 

6 (c) TECHNICAL AND CONFORMING AMENDMENT.—Sub7 section (c) of section 502 of the International Security and 

8 Development Cooperation Act of 1985 (22 U.S.C. 2349aa– 

9 7) is redesignted as subsection (b). 

10 SEC. 1015. REPORTING ON IMPLEMENTATION OF GAO REC11 OMMENDATIONS. 

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

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

14 shall submit to the appropriate congressional committees a 

15 report that lists all of the Government Accountability Of16 fice’s recommendations relating to the Department that 

17 have not been fully implemented. 

18 (b) COMPTROLLER GENERAL REPORT.—Not later than 

19 30 days after the Secretary submits the report under sub20 section (a), the Comptroller General of the United States 

21 shall submit to the appropriate congressional committees a 

22 report that identifies any discrepancies between the list of 

23 recommendations included in such report and the Govern24 ment Accountability Office’s list of outstanding rec25 ommendations for the Department. 


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1 (c) IMPLEMENTATION REPORT.— 

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

3 the date of the submission of the Comptroller Gen4 eral’s report under subsection (b), the Secretary shall 

5 submit to the appropriate congressional committees a 

6 report that describes the implementation status of 

7 each recommendation from the Government Account8 ability Office included in the report submitted under 

9 subsection (a). 

10 (2) JUSTIFICATION.—The report under para11 graph (1) shall include— 

12 (A) a detailed justification for each decision 

13 not to fully implement a recommendation or to 

14 implement a recommendation in a different 

15 manner than specified by the Government Ac16 countability Office; 

17 (B) a timeline for the full implementation 

18 of any recommendation the Secretary has de19 cided to adopt, but has not yet fully imple20 mented; and 

21 (C) an explanation for any discrepancies 

22 included in the Comptroller General report sub23 mitted under subsection (b). 

24 (d) FORM.—The information required in each report 

25 under this section shall be submitted in unclassified form, 


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1 to the maximum extent practicable, but may be included 

2 in a classified annex to the extent necessary. 

3 SEC. 1016. OFFICE OF GLOBAL CRIMINAL JUSTICE. 

4 (a) IN GENERAL.—There should be established within 

5 the Department of State an Office of Global Criminal Jus6 tice (referred to in this section as the ‘‘Office’’), which may 

7 be placed within the organizational structure of the Depart8 ment at the discretion of the Secretary. 

9 (b) DUTIES.—The Office should carry out the fol10 lowing: 

11 (1) Advise the Secretary of State and other rel12 evant senior officials on issues related to atrocities, 

13 including war crimes, crimes against humanity, and 

14 genocide. 

15 (2) Assist in formulating United States policy 

16 on the prevention of, responses to, and accountability 

17 for atrocities. 

18 (3) Coordinate, as appropriate and with other 

19 relevant Federal departments and agencies, United 

20 States Government positions relating to the inter21 national and hybrid courts currently prosecuting per22 sons suspected of atrocities around the world. 

23 (4) Work with other governments, international 

24 organizations, and nongovernmental organizations, as 

25 appropriate, to establish and assist international and 


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1 domestic commissions of inquiry, fact-finding mis2 sions, and tribunals to investigate, document, and 

3 prosecute atrocities around the world. 

4 (5) Coordinate, as appropriate and with other 

5 relevant Federal departments and agencies, the de6 ployment of diplomatic, legal, economic, military, 

7 and other tools to help collect evidence of atrocities, 

8 judge those responsible, protect and assist victims, en9 able reconciliation, prevent and deter atrocities, and 

10 promote the rule of law. 

11 (6) Provide advice and expertise on transitional 

12 justice mechanisms to United States personnel oper13 ating in conflict and post-conflict environments. 

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

15 hybrid, and domestic tribunals exercising jurisdiction 

16 over atrocities committed around the world. 

17 (8) Represent the Department on any inter18 agency whole-of-government coordinating entities ad19 dressing genocide and other atrocities. 

20 (9) Perform any additional duties and exercise 

21 such powers as the Secretary of State may prescribe. 

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

23 led by an Ambassador-at-Large for Global Criminal Justice 

24 who is nominated by the President and appointed by and 

25 with the advice and consent of the Senate. 


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1 TITLE II—EMBASSY 

2 CONSTRUCTION 

3 SEC. 1201. EMBASSY SECURITY, CONSTRUCTION, AND MAIN4 TENANCE. 

5 For ‘‘Embassy Security, Construction, and Mainte6 nance’’, there is authorized to be appropriated 

7 $1,950,449,000 for fiscal year 2022. 

8 SEC. 1202. STANDARD DESIGN IN CAPITAL CONSTRUCTION. 

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

10 that the Department’s Bureau of Overseas Building Oper11 ations (OBO) or successor office should give appropriate 

12 consideration to standardization in construction, in which 

13 each new United States embassy and consulate starts with 

14 a standard design and keeps customization to a minimum. 

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

16 carry out any new United States embassy compound or new 

17 consulate compound project that utilizes a non-standard de18 sign, including those projects that are in the design or pre19 design phase as of the date of the enactment of this Act, 

20 only in consultation with the appropriate congressional 

21 committees. The Secretary shall provide the appropriate 

22 congressional committees, for each such project, the fol23 lowing documentation: 


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1 (1) A comparison of the estimated full lifecycle 

2 costs of the project to the estimated full lifecycle costs 

3 of such project if it were to use a standard design. 

4 (2) A comparison of the estimated completion 

5 date of such project to the estimated completion date 

6 of such project if it were to use a standard design. 

7 (3) A comparison of the security of the completed 

8 project to the security of such completed project if it 

9 were to use a standard design. 

10 (4) A justification for the Secretary’s selection of 

11 a non-standard design over a standard design for 

12 such project. 

13 (5) A written explanation if any of the docu14 mentation necessary to support the comparisons and 

15 justification, as the case may be, described in para16 graphs (1) through (4) cannot be provided. 

17 (c) SUNSET.—The consultation requirement under 

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

19 the date of the enactment of this Act. 

20 SEC. 1203. CAPITAL CONSTRUCTION TRANSPARENCY. 

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

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

23 is amended— 

24 (1) in the section heading, by striking ‘‘ANNUAL

25 REPORT ON EMBASSY CONSTRUCTION COSTS’’ 


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1 and inserting ‘‘BIANNUAL REPORT ON OVERSEAS

2 CAPITAL CONSTRUCTION PROJECTS’’; and 

3 (2) by striking subsections (a) and (b) and in4 serting the following new subsections: 

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

6 date of the enactment of this subsection and every 180 days 

7 thereafter until the date that is four years after such date 

8 of enactment, the Secretary of State shall submit to the ap9 propriate congressional committees a comprehensive report 

10 regarding all ongoing overseas capital construction projects 

11 and major embassy security upgrade projects. 

12 ‘‘(b) CONTENTS.—Each report required under sub13 section (a) shall include the following with respect to each 

14 ongoing overseas capital construction project and major em15 bassy security upgrade project: 

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

17 proposed allocation of capital construction and main18 tenance funds required by the Committees on Appro19 priations for Acts making appropriations for the De20 partment of State, foreign operations, and related 

21 programs. 

22 ‘‘(2) The current cost estimate. 

23 ‘‘(3) The value of each request for equitable ad24 justment received by the Department to date. 


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1 ‘‘(4) The value of each certified claim received by 

2 the Department to date. 

3 ‘‘(5) The value of any usage of the project’s con4 tingency fund to date and the value of the remainder 

5 of the project’s contingency fund. 

6 ‘‘(6) An enumerated list of each request for ad7 justment and certified claim that remains out8 standing or unresolved. 

9 ‘‘(7) An enumerated list of each request for equi10 table adjustment and certified claim that has been 

11 fully adjudicated or that the Department has settled, 

12 and the final dollar amount of each adjudication or 

13 settlement. 

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

15 in the proposed allocation of capital construction and 

16 maintenance funds required by the Committees on 

17 Appropriations not later than 45 days after the date 

18 of the enactment of an Act making appropriations for 

19 the Department of State, foreign operations, and re20 lated programs. 

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

22 (b) CLERICAL AMENDMENT.—The table of contents in 

23 section 1(b) of the Department of State Authorities Act, Fis24 cal Year 2017 is amended by amending the item relating 

25 to section 118 to read as follows: 

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


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1 SEC. 1204. CONTRACTOR PERFORMANCE INFORMATION. 

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

3 State shall complete all contractor performance evaluations 

4 outstanding as of the date of the enactment of this Act re5 quired by subpart 42.15 of the Federal Acquisition Regula6 tion for those contractors engaged in construction of new 

7 embassy or new consulate compounds by April 1, 2022. 

8 (b) PRIORITIZATION SYSTEM.— 

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

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

11 State shall develop a prioritization system for clear12 ing the current backlog of required evaluations re13 ferred to in subsection (a). 

14 (2) ELEMENTS.—The system required under 

15 paragraph (1) should prioritize the evaluations as fol16 lows: 

17 (A) Project completion evaluations should be 

18 prioritized over annual evaluations. 

19 (B) Evaluations for relatively large con20 tracts should have priority. 

21 (C) Evaluations that would be particularly 

22 informative for the awarding of government con23 tracts should have priority. 

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

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

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1 partment’s plan for completing all evaluations by April 1, 

2 2022, in accordance with subsection (a) and the 

3 prioritization system developed pursuant to subsection (b). 

4 (d) SENSE OF CONGRESS.—It is the sense of Congress 

5 that— 

6 (1) contractors deciding whether to bid on De7 partment contracts would benefit from greater under8 standing of the Department as a client; and 

9 (2) the Department should develop a forum 

10 where contractors can comment on the Department’s 

11 project management performance. 

12 SEC. 1205. GROWTH PROJECTIONS FOR NEW EMBASSIES 

13 AND CONSULATES. 

14 (a) IN GENERAL.—For each new United States em15 bassy compound (NEC) and new consulate compound 

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

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

18 shall project growth over the estimated life of the facility 

19 using all available and relevant data, including the fol20 lowing: 

21 (1) Relevant historical trends for Department 

22 personnel and personnel from other agencies rep23 resented at the NEC or NCC that is to be constructed. 

24 (2) An analysis of the tradeoffs between risk and 

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1 ducted as part of the most recent Vital Presence Vali2 dation Process, if applicable. 

3 (3) Reasonable assumptions about the strategic 

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

5 over the life of the building at issue. 

6 (4) Any other data that would be helpful in pro7 jecting the future growth of NEC or NCC. 

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

9 Federal agency represented at a United States embassy or 

10 consulate shall provide to the Secretary, upon request, 

11 growth projections for the personnel of each such agency 

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

13 case may be. 

14 (c) BASIS FOR ESTIMATES.—The Department of State 

15 shall base its growth assumption for all NECs and NCCs 

16 on the estimates required under subsections (a) and (b). 

17 (d) CONGRESSIONAL NOTIFICATION.—Any congres18 sional notification of site selection for a NEC or NCC sub19 mitted after the date of the enactment of this Act shall in20 clude the growth assumption used pursuant to subsection 

21 (c). 

22 SEC. 1206. LONG-RANGE PLANNING PROCESS. 

23 (a) PLANS REQUIRED.— 

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

25 the date of the enactment of this Act and annually 


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1 thereafter for the next five years as the Secretary of 

2 State considers appropriate, the Secretary shall de3 velop— 

4 (A) a comprehensive 6-year plan docu5 menting the Department’s overseas building pro6 gram for the replacement of overseas diplomatic 

7 posts taking into account security factors under 

8 the Secure Embassy Construction and Counter9 terrorism Act of 1999 and other relevant statutes 

10 and regulations, as well as occupational safety 

11 and health factors pursuant to the Occupational 

12 Safety and Health Act of 1970 and other rel13 evant statutes and regulations, including envi14 ronmental factors such as indoor air quality that 

15 impact employee health and safety; and 

16 (B) a comprehensive 6-year plan detailing 

17 the Department’s long-term planning for the 

18 maintenance and sustainment of completed dip19 lomatic posts, which takes into account security 

20 factors under the Secure Embassy Construction 

21 and Counterterrorism Act of 1999 and other rel22 evant statutes and regulations, as well as occu23 pational safety and health factors pursuant to 

24 the Occupational Safety and Health Act of 1970 

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1 cluding environmental factors such as indoor air 

2 quality that impact employee health and safety. 

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

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

5 one-time status report on existing small diplomatic 

6 posts and a strategy for establishing a physical diplo7 matic presence in countries in which there is no cur8 rent physical diplomatic presence and with which the 

9 United States maintains diplomatic relations. Such 

10 report, which may include a classified annex, shall 

11 include the following: 

12 (A) A description of the extent to which 

13 each small diplomatic post furthers the national 

14 interest of the United States. 

15 (B) A description of how each small diplo16 matic post provides American Citizen Services, 

17 including data on specific services provided and 

18 the number of Americans receiving services over 

19 the previous year. 

20 (C) A description of whether each small 

21 diplomatic post meets current security require22 ments. 

23 (D) A description of the full financial cost 

24 of maintaining each small diplomatic post. 


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1 (E) Input from the relevant chiefs of mis2 sion on any unique operational or policy value 

3 the small diplomatic post provides. 

4 (F) A recommendation of whether any small 

5 diplomatic posts should be closed. 

6 (3) UPDATED INFORMATION.—The annual up7 dates of each of the plans developed pursuant to para8 graph (1) shall highlight any changes from the pre9 vious year’s plan to the ordering of construction and 

10 maintenance projects. 

11 (b) REPORTING REQUIREMENTS.— 

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

13 later than 60 days after the completion of each plan 

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

15 shall submit the plans to the appropriate congres16 sional committees. 

17 (2) REFERENCE IN BUDGET JUSTIFICATION MA18 TERIALS.—In the budget justification materials sub19 mitted to the appropriate congressional committees in 

20 support of the Department of State’s budget for any 

21 fiscal year (as submitted with the budget of the Presi22 dent under section 1105(a) of title 31, United States 

23 Code), the plans required under subsection (a) shall 

24 be referenced to justify funding requested for building 

25 and maintenance projects overseas. 


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

2 under paragraph (1) shall be submitted in unclassi3 fied form but may include a classified annex. 

4 (c) SMALL DIPLOMATIC POST DEFINED.—In this sec5 tion, the term ‘‘small diplomatic post’’ means any United 

6 States embassy or consulate that has employed five or fewer 

7 United States Government employees or contractors on av8 erage over the 36 months prior to the date of the enactment 

9 of this Act. 

10 SEC. 1207. VALUE ENGINEERING AND RISK ASSESSMENT. 

11 (a) FINDINGS.—Congress makes the following findings: 

12 (1) Federal departments and agencies are re13 quired to use value engineering (VE) as a manage14 ment tool, where appropriate, to reduce program and 

15 acquisition costs pursuant to OMB Circular A–131, 

16 Value Engineering, dated December 31, 2013. 

17 (2) OBO has a Policy Directive and Standard 

18 Operation Procedure, dated May 24, 2017, on con19 ducting risk management studies on all international 

20 construction projects. 

21 (b) NOTIFICATION REQUIREMENTS.— 

22 (1) SUBMISSION TO AUTHORIZING COMMIT23 TEES.—Any operating plan that includes the alloca24 tion of capital construction and maintenance funds 

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1 tions of the Senate and the Committee on Foreign Af2 fairs of the House of Representatives. 

3 (2) REQUIREMENT TO CONFIRM COMPLETION OF

4 VALUE ENGINEERING AND RISK ASSESSMENT STUD5 IES.—The notifications required under paragraph (1) 

6 shall include confirmation that the Department has 

7 completed the requisite VE and risk management 

8 process described in subsection (a), or applicable suc9 cessor process. 

10 (c) REPORTING AND BRIEFING REQUIREMENTS.—The 

11 Secretary of State shall provide to the appropriate congres12 sional committees upon request— 

13 (1) a description of each risk management study 

14 referred to in subsection (a)(2) and a table detailing 

15 which recommendations related to each such study 

16 were accepted and which were rejected; and 

17 (2) a report or briefing detailing the rationale 

18 for not implementing any such recommendations that 

19 may otherwise yield significant cost savings to the 

20 Department if implemented. 

21 SEC. 1208. BUSINESS VOLUME. 

22 Section 402(c)(2)(E) of the Omnibus Diplomatic Secu23 rity and Antiterrorism Act of 1986 (22 U.S.C. 

24 4852(c)(2)(E)) is amended by striking ‘‘in 3 years’’ and 

25 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 appropriate 

4 congressional committees, the Committee on Armed Services 

5 of the House of Representatives, and the Committee on 

6 Armed Services of the Senate upon request information on 

7 physical security deficiencies at United States diplomatic 

8 posts, including relating to the following: 

9 (1) Requests made over the previous year by 

10 United States diplomatic posts for security upgrades. 

11 (2) Significant security deficiencies at United 

12 States diplomatic posts that are not operating out of 

13 a new embassy compound or new consulate com14 pound. 

15 SEC. 1210. OVERSEAS SECURITY BRIEFINGS. 

16 Not later than one year after the date of the enactment 

17 of this Act, the Secretary of State shall revise the Foreign 

18 Affairs Manual to stipulate that information on the current 

19 threat environment shall be provided to all United States 

20 Government employees under chief of mission authority 

21 traveling to a foreign country on official business. To the 

22 extent practicable, such material shall be provided to such 

23 employees prior to their arrival at a United States diplo24 matic post or as soon as possible thereafter. 


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1 SEC. 1211. CONTRACTING METHODS IN CAPITAL CON2 STRUCTION. 

3 (a) DELIVERY.—Unless the Secretary of State notifies 

4 the appropriate congressional committees that the use of the 

5 design-build project delivery method would not be appro6 priate, the Secretary shall make use of such method at 

7 United States diplomatic posts that have not yet received 

8 design or capital construction contracts as of the date of 

9 the enactment of this Act. 

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

11 delivery method other than design-build in accordance with 

12 subsection (a), the Secretary of State shall notify the appro13 priate congressional committees in writing of the decision, 

14 including the reasons therefor. The notification required by 

15 this subsection may be included in any other report regard16 ing a new United States diplomatic post that is required 

17 to be submitted to the appropriate congressional commit18 tees. 

19 (c) PERFORMANCE EVALUATION.—Not later than 180 

20 days after the date of the enactment of this Act, the Sec21 retary of State shall report to the appropriate congressional 

22 committees regarding performance evaluation measures in 

23 accordance with GAO’s ‘‘Standards for Internal Control in 

24 the Federal Government’’ that will be applicable to design 

25 and construction, lifecycle cost, and building maintenance 


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1 programs of the Bureau of Overseas Building Operations 

2 of the Department. 

3 SEC. 1212. COMPETITION IN EMBASSY CONSTRUCTION. 

4 Not later than 45 days after the date of the enactment 

5 of this Act, the Secretary of State shall submit to the appro6 priate congressional committee a report detailing steps the 

7 Department of State is taking to expand the embassy con8 struction contractor base in order to increase competition 

9 and maximize value. 

10 SEC. 1213. STATEMENT OF POLICY. 

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

12 of Overseas Building Operations of the Department or its 

13 successor office shall continue to balance functionality and 

14 security with accessibility, as defined by guidelines estab15 lished by the United States Access Board in constructing 

16 embassies and consulates, and shall ensure compliance with 

17 the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et 

18 seq.) to the fullest extent possible. 

19 SEC. 1214. DEFINITIONS. 

20 In this title: 

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

22 means a method of project delivery in which one enti23 ty works under a single contract with the Department 

24 to provide design and construction services. 


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1 (2) NON-STANDARD DESIGN.—The term ‘‘non2 standard design’’ means a design for a new embassy 

3 compound project or new consulate compound project 

4 that does not utilize a standardized design for the 

5 structural, spatial, or security requirements of such 

6 embassy compound or consulate compound, as the 

7 case may be. 

8 TITLE III—PERSONNEL ISSUES 

9 SEC. 1301. DEFENSE BASE ACT INSURANCE WAIVERS. 

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

11 days after the date of the enactment of this Act, the Sec12 retary of State shall apply to the Department of Labor for 

13 a waiver from insurance requirements under the Defense 

14 Base Act (42 U.S.C. 1651 et seq.) for all countries with 

15 respect to which the requirement was waived prior to Janu16 ary 2017, and for which there is not currently a waiver. 

17 (b) CERTIFICATION REQUIREMENT.—Not later than 45 

18 days after the date of the enactment of this Act, the Sec19 retary of State shall certify to the appropriate congressional 

20 committees that the requirement in subsection (a) has been 

21 met. 

22 SEC. 1302. STUDY ON FOREIGN SERVICE ALLOWANCES. 

23 (a) REPORT REQUIRED.— 

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

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


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1 State shall submit to the appropriate congressional 

2 committees a report detailing an empirical analysis 

3 on the effect of overseas allowances on the foreign as4 signment of Foreign Service officers (FSOs), to be 

5 conducted by a federally-funded research and develop6 ment center with appropriate expertise in labor eco7 nomics and military compensation. 

8 (2) CONTENTS.—The analysis required under 

9 paragraph (1) shall— 

10 (A) identify all allowances paid to FSOs 

11 assigned permanently or on temporary duty to 

12 foreign areas; 

13 (B) examine the efficiency of the Foreign 

14 Service bidding system in determining foreign 

15 assignments; 

16 (C) examine the factors that incentivize 

17 FSOs to bid on particular assignments, includ18 ing danger levels and hardship conditions; 

19 (D) examine the Department’s strategy and 

20 process for incentivizing FSOs to bid on assign21 ments that are historically in lower demand, in22 cluding with monetary compensation, and 

23 whether monetary compensation is necessary for 

24 assignments in higher demand; 


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1 (E) make any relevant comparisons to mili2 tary compensation and allowances, noting which 

3 allowances are shared or based on the same regu4 lations; 

5 (F) recommend options for restructuring al6 lowances to improve the efficiency of the assign7 ments system and better align FSO incentives 

8 with the needs of the Foreign Service, including 

9 any cost savings associated with such restruc10 turing; 

11 (G) recommend any statutory changes nec12 essary to implement subparagraph (F), such as 

13 consolidating existing legal authorities for the 

14 provision of hardship and danger pay; and 

15 (H) detail any effects of recommendations 

16 made pursuant to subparagraphs (F) and (G) on 

17 other United States Government departments 

18 and agencies with civilian employees perma19 nently assigned or on temporary duty in foreign 

20 areas, following consultation with such depart21 ments and agencies. 

22 (b) BRIEFING REQUIREMENT.—Before initiating the 

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

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

25 the Secretary of State shall provide to the Committee on 


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1 Foreign Relations of the Senate and the Committee on For2 eign Affairs in the House of Representatives a briefing on 

3 the implementation of this section that includes the fol4 lowing: 

5 (1) The name of the federally funded research 

6 and development center that will conduct such anal7 ysis. 

8 (2) The scope of such analysis and terms of ref9 erence for such analysis as specified between the De10 partment of State and such federally funded research 

11 and development center. 

12 (c) AVAILABILITY OF INFORMATION.— 

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

14 make available to the federally-funded research and 

15 development center carrying out the analysis required 

16 under subsection (a)(1) all necessary and relevant in17 formation to allow such center to conduct such anal18 ysis in a quantitative and analytical manner, includ19 ing historical data on the number of bids for each for20 eign assignment and any survey data collected by the 

21 Department of State from eligible bidders on their bid 

22 decision-making. 

23 (2) COOPERATION.—The Secretary of State shall 

24 work with the heads of other relevant United States 

25 Government departments and agencies to ensure such 


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1 departments and agencies provide all necessary and 

2 relevant information to the federally-funded research 

3 and development center carrying out the analysis re4 quired under subsection (a)(1). 

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

6 of State shall require that the chief executive officer of the 

7 federally-funded research and development center that car8 ries out the analysis required under subsection (a)(1) sub9 mit to the Committee on Foreign Relations of the Senate 

10 and the Committee on Foreign Affairs of the House of Rep11 resentatives an interim report on such analysis not later 

12 than 180 days after the date of the enactment of this Act. 

13 SEC. 1303. SCIENCE AND TECHNOLOGY FELLOWSHIPS. 

14 Section 504 of the Foreign Relations Authorization 

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

16 adding at the end the following new subsection: 

17 ‘‘(e) GRANTS AND COOPERATIVE AGREEMENTS RE18 LATED TO SCIENCE AND TECHNOLOGY FELLOWSHIP PRO19 GRAMS.— 

20 ‘‘(1) IN GENERAL.—The Secretary of State is au21 thorized to make grants or enter into cooperative 

22 agreements related to Department of State science 

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1 pends, travel, and other appropriate expenses to fel2 lows. 

3 ‘‘(2) EXCLUSION FROM CONSIDERATION AS COM4 PENSATION.—Stipends under paragraph (1) shall not 

5 be considered compensation for purposes of section 

6 209 of title 18, United States Code. 

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

8 amount of grants made pursuant to this subsection 

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

10 SEC. 1304. TRAVEL FOR SEPARATED FAMILIES. 

11 Section 901(15) of the Foreign Service Act of 1980 (22 

12 U.S.C. 4081(15)) is amended— 

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

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

15 below age 21 of a member of the Service assigned 

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

17 children below age 21 of a member of the Service as18 signed abroad, one round-trip per year’’; 

19 (2) in subparagraph (A)— 

20 (A) by inserting ‘‘for each child’’ before ‘‘to 

21 visit the member abroad’’; and 

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

23 comma; 

24 (3) in subparagraph (B)— 


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

2 visit the other parent’’; and 

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

4 (4) by inserting after subparagraph (B) the fol5 lowing new subparagraph: 

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

7 the child or children abroad if the child or chil8 dren do not regularly reside with that parent 

9 and that parent is not receiving an education al10 lowance or educational travel allowance for the 

11 child or children under section 5924(4) of title 5, 

12 United States Code,’’; and 

13 (5) in the matter following subparagraph (C), as 

14 added by paragraph (4) of this section, by striking ‘‘a 

15 payment’’ and inserting ‘‘the cost of round-trip trav16 el’’. 

17 SEC. 1305. HOME LEAVE TRAVEL FOR SEPARATED FAMI18 LIES. 

19 Section 903(b) of the Foreign Service Act of 1980 (22 

20 U.S.C. 4083(b)) is amended by adding at the end the fol21 lowing new sentence: ‘‘In cases in which a member of the 

22 Service has official orders to an unaccompanied post and 

23 in which the family members of the member reside apart 

24 from the member at authorized locations outside the United 

25 States, the member may take the leave ordered under this 


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1 section where that member’s family members reside, not2 withstanding section 6305 of title 5, United States Code.’’. 

3 SEC. 1306. SENSE OF CONGRESS REGARDING CERTAIN FEL4 LOWSHIP PROGRAMS. 

5 It is the sense of Congress that Department fellowships 

6 that promote the employment of candidates belonging to 

7 under-represented groups, including the Charles B. Rangel 

8 International Affairs Graduate Fellowship Program, the 

9 Thomas R. Pickering Foreign Affairs Fellowship Program, 

10 and the Donald M. Payne International Development Fel11 lowship Program, represent smart investments vital for 

12 building a strong, capable, and representative national se13 curity workforce. 

14 SEC. 1307. TECHNICAL CORRECTION. 

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

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

17 the matter preceding clause (i), by— 

18 (1) striking ‘‘promotion’’ and inserting ‘‘pro19 motion, on or after January 1, 2017,’’; and 

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

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

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

23 who has general responsibility for carrying out the 

24 functions of the Service’’. 


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1 SEC. 1308. FOREIGN SERVICE AWARDS. 

2 (a) IN GENERAL.—Section 614 of the Foreign Service 

3 Act of 1980 (22 U.S.C. 4013) is amended— 

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

5 follows: ‘‘DEPARTMENT AWARDS’’; and 

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

7 Service’’ after ‘‘the Service’’. 

8 (b) CONFORMING AMENDMENT.—The item relating to 

9 section 614 in the table of contents of the Foreign Service 

10 Act of 1980 is amended to read as follows: 

‘‘Sec. 614. Department awards.’’. 

11 SEC. 1309. WORKFORCE ACTIONS. 

12 (a) SENSE OF CONGRESS ON WORKFORCE RECRUIT13 MENT.—It is the sense of Congress that the Secretary of 

14 State should continue to hold entry-level classes for Foreign 

15 Service officers and specialists and continue to recruit civil 

16 servants through programs such as the Presidential Man17 agement Fellows Program and Pathways Internship Pro18 grams in a manner and at a frequency consistent with 

19 prior years and consistent with the need to maintain a pool 

20 of experienced personnel effectively distributed across skill 

21 codes and ranks. It is further the sense of Congress that 

22 absent continuous recruitment and training of Foreign 

23 Service officers and civil servants, the Department of State 

24 will lack experienced, qualified personnel in the short, me25 dium, and long terms. 


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

2 implement any reduction-in-force action under section 3502 

3 or 3595 of title 5, United States Code, or for any incentive 

4 payments for early separation or retirement under any 

5 other provision of law unless— 

6 (1) the appropriate congressional committees are 

7 notified not less than 15 days in advance of such obli8 gation or expenditure; and 

9 (2) the Secretary has provided to the appropriate 

10 congressional committees a detailed report that de11 scribes the Department of State’s strategic staffing 

12 goals, including— 

13 (A) a justification that describes how any 

14 proposed workforce reduction enhances the effec15 tiveness of the Department; 

16 (B) a certification that such workforce re17 duction is in the national interest of the United 

18 States; 

19 (C) a comprehensive strategic staffing plan 

20 for the Department, including 5-year workforce 

21 forecasting and a description of the anticipated 

22 impact of any proposed workforce reduction; and 

23 (D) a dataset displaying comprehensive 

24 workforce data for all current and planned em25 ployees of the Department, disaggregated by— 


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1 (i) Foreign Service officer and Foreign 

2 Service specialist rank; 

3 (ii) civil service job skill code, grade 

4 level, and bureau of assignment; 

5 (iii) contracted employees, including 

6 the equivalent job skill code and bureau of 

7 assignment; and 

8 (iv) employees hired under schedule C 

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

10 Federal Regulations, including their equiva11 lent grade and job skill code and bureau of 

12 assignment. 

13 SEC. 1310. SENSE OF CONGRESS REGARDING VETERANS 

14 EMPLOYMENT AT THE DEPARTMENT OF 

15 STATE. 

16 It is the sense of Congress that— 

17 (1) the Department of State should continue to 

18 promote the employment of veterans, in accordance 

19 with section 301 of the Foreign Service Act of 1980 

20 (22 U.S.C. 3941), as amended by section 1407 of this 

21 Act, including those veterans belonging to tradition22 ally under-represented groups at the Department; 

23 (2) veterans employed by the Department have 

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1 eign policy in a variety of regional and global affairs 

2 bureaus and diplomatic posts overseas; and 

3 (3) the Department should continue to encourage 

4 veteran employment and facilitate their participation 

5 in the workforce. 

6 SEC. 1311. EMPLOYEE ASSIGNMENT RESTRICTIONS AND 

7 PRECLUSIONS. 

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

9 that the Department of State should expand the appeal 

10 process it makes available to employees related to assign11 ment preclusions and restrictions. 

12 (b) APPEAL OF ASSIGNMENT RESTRICTION OR PRE13 CLUSION.—Subsection (a) of section 414 of the Department 

14 of State Authorities Act, Fiscal Year 2017 (22 U.S.C. 

15 2734c(a)) is amended by adding at the end the following 

16 new sentences: ‘‘Such right and process shall ensure that 

17 any employee subjected to an assignment restriction or pre18 clusion shall have the same appeal rights as provided by 

19 the Department regarding denial or revocation of a security 

20 clearance. Any such appeal shall be resolved not later than 

21 60 days after such appeal is filed.’’. 

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

23 days after the date of the enactment of this Act, the Sec24 retary of State shall revise, and certify to the Committee 

25 on Foreign Affairs of the House of Representatives and the 


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1 Committee on Foreign Relations of the Senate regarding 

2 such revision, the Foreign Affairs Manual guidance regard3 ing denial or revocation of a security clearance to expressly 

4 state that all review and appeal rights relating thereto shall 

5 also apply to any recommendation or decision to impose 

6 an assignment restriction or preclusion to an employee. 

7 SEC. 1312. RECALL AND REEMPLOYMENT OF CAREER MEM8 BERS. 

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

10 that— 

11 (1) career Department of State employees pro12 vide invaluable service to the United States as non13 partisan professionals who contribute subject matter 

14 expertise and professional skills to the successful de15 velopment and execution of United States foreign pol16 icy; and 

17 (2) reemployment of skilled former members of 

18 the Foreign and civil service who have voluntarily 

19 separated from the Foreign or civil service due to 

20 family reasons or to obtain professional skills outside 

21 government is of benefit to the Department. 

22 (b) REEMPLOYMENT.—Subsection (b) of section 308 of 

23 the Foreign Service Act of 1980 (22 U.S.C. 3948) is amend24 ed by adding at the end the following new sentence: 

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1 appointment, who were separated for other than cause for 

2 up to five years prior to the date of the enactment of this 

3 sentence, shall not be required to accept a directed first as4 signment as a condition of reappointment.’’. 

5 (c) NOTICE OF EMPLOYMENT OPPORTUNITIES.— 

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

7 amended by inserting after chapter 102 the following 

8 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 proce23 dures, 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 chap4 ters at the beginning of part III of Title 5, United 

5 States Code, is amended by adding at the end of sub6 part 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 the 

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

11 shall submit to the appropriate congressional committees a 

12 comprehensive 5-year strategic staffing plan for the Depart13 ment of State that is aligned with and furthers the objec14 tives of the National Security Strategy of the United States 

15 of America issued in December 2017, or any subsequent 

16 strategy issued not later than 18 months after the date of 

17 the enactment of this Act, which shall include the following: 

18 (1) A dataset displaying comprehensive work19 force data, including all shortages in bureaus de20 scribed in GAO report GAO–19–220, for all current 

21 and planned employees of the Department, 

22 disaggregated by— 

23 (A) Foreign Service officer and Foreign 

24 Service specialist rank; 


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

2 and bureau of assignment; 

3 (C) contracted employees, including the 

4 equivalent job skill code and bureau of assign5 ment; 

6 (D) employees hired under schedule C of 

7 subpart C of part 213 of title 5, Code of Federal 

8 Regulations, including the equivalent grade and 

9 job skill code and bureau of assignment of such 

10 employee; and 

11 (E) overseas region. 

12 (2) Recommendations on the number of Foreign 

13 Service officers disaggregated by service cone that 

14 should be posted at each United States diplomatic 

15 post and in the District of Columbia, with a detailed 

16 basis for such recommendations. 

17 (3) Recommendations on the number of civil 

18 service officers that should be employed by the Depart19 ment, with a detailed basis for such recommendations. 

20 (b) MAINTENANCE.—The dataset required under sub21 section (a)(1) shall be maintained and updated on a regular 

22 basis. 

23 (c) CONSULTATION.—The Secretary of State shall lead 

24 the development of the plan required under subsection (a) 

25 but may consult or partner with private sector entities with 


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1 expertise in labor economics, management, or human re2 sources, as well as organizations familiar with the demands 

3 and needs of the Department of State’s workforce. 

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

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

6 submit to the appropriate congressional committees a report 

7 regarding root causes of Foreign Service and civil service 

8 shortages, the effect of such shortages on national security 

9 objectives, and the Department of State ’s plan to imple10 ment recommendations described in GAO–19–220. 

11 SEC. 1314. CONSULTING SERVICES. 

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

13 States Code, as added by section 1312 of this Act, is amend14 ed by adding at the end the following: 

15 ‘‘§ 10302. Consulting services for the Department of 

16 State 

17 ‘‘Any consulting service obtained by the Department 

18 of State through procurement contract pursuant to section 

19 3109 of title 5, United States Code, shall be limited to those 

20 contracts with respect to which expenditures are a matter 

21 of public record and available for public inspection, except 

22 if otherwise provided under existing law, or under existing 

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

24 (b) CLERICAL AMENDMENT.—The table of sections for 

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1 tion 1312 of this Act, is amended by adding after the item 

2 relating to section 10301 the following new item: 

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

3 SEC. 1315. INCENTIVES FOR CRITICAL POSTS. 

4 Section 1115(d) of the Supplemental Appropriations 

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

6 last sentence. 

7 SEC. 1316. EXTENSION OF AUTHORITY FOR CERTAIN AC8 COUNTABILITY REVIEW BOARDS. 

9 Section 301(a)(3) of the Omnibus Diplomatic Security 

10 and Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) is 

11 amended— 

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

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

14 AND’’; and 

15 (2) in subparagraph (A)— 

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

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

18 or’’; and 

19 (B) in clause (ii), by striking ‘‘beginning on 

20 October 1, 2005, and ending on September 30, 

21 2009’’ and inserting ‘‘beginning on October 1, 

22 2020, and ending on September 30, 2022’’. 

23 SEC. 1317. FOREIGN SERVICE SUSPENSION WITHOUT PAY. 

24 Subsection (c) of section 610 of the Foreign Service Act 

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


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

2 subparagraph (A), by striking ‘‘suspend’’ and insert3 ing ‘‘indefinitely suspend without duties’’; 

4 (2) by redesignating paragraph (5) as para5 graph (7); 

6 (3) by inserting after paragraph (4) the fol7 lowing new paragraphs: 

8 ‘‘(5) Any member of the Service suspended from duties 

9 under this subsection may be suspended without pay only 

10 after a final written decision is provided to such member 

11 under paragraph (2). 

12 ‘‘(6) If no final written decision under paragraph (2) 

13 has been provided within one calendar year of the date the 

14 suspension at issue was proposed, not later than 30 days 

15 thereafter the Secretary of State shall report to the Com16 mittee on Foreign Affairs of the House of Representatives 

17 and the Committee on Foreign Relations of the Senate in 

18 writing regarding the specific reasons for such delay.’’; and 

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

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

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

22 The term’’ and inserting the following: 

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


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1 (C) by striking subparagraph (B) (relating 

2 to the definition of ‘‘suspend’’ and ‘‘suspension’’); 

3 and 

4 (D) by redesignating clauses (i) and (ii) as 

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

6 moving such subparagraphs 2 ems to the left. 

7 SEC. 1318. FOREIGN AFFAIRS MANUAL AND FOREIGN AF8 FAIRS HANDBOOK CHANGES. 

9 (a) APPLICABILITY.—The Foreign Affairs Manual and 

10 the Foreign Affairs Handbook apply with equal force and 

11 effect and without exception to all Department of State per12 sonnel, including the Secretary of State, Department em13 ployees, and political appointees, regardless of an individ14 ual’s status as a Foreign Service officer, Civil Service em15 ployee, or political appointee hired under any legal author16 ity. 

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

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

19 shall submit to the appropriate congressional committees a 

20 certification in unclassified form that the applicability de21 scribed in subsection (a) has been communicated to all De22 partment personnel, including the personnel referred to in 

23 such subsection. 

24 (c) REPORT.— 


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

2 the date of the enactment of this Act and every 180 

3 days thereafter for five years, the Secretary of State 

4 shall submit to the appropriate congressional commit5 tees a report detailing all significant changes made to 

6 the Foreign Affairs Manual or the Foreign Affairs 

7 Handbook. 

8 (2) COVERED PERIODS.—The first report re9 quired under paragraph (1) shall cover the 5-year pe10 riod preceding the submission of such report. Each 

11 subsequent report shall cover the 180-day period pre12 ceding submission. 

13 (3) CONTENTS.—Each report required under 

14 paragraph (1) shall contain the following: 

15 (A) The location within the Foreign Affairs 

16 Manual or the Foreign Affairs Handbook where 

17 a change has been made. 

18 (B) The statutory basis for each such 

19 change, as applicable. 

20 (C) A side-by-side comparison of the For21 eign Affairs Manual or Foreign Affairs Hand22 book before and after such change. 

23 (D) A summary of such changes displayed 

24 in spreadsheet form. 


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1 SEC. 1319. WAIVER AUTHORITY FOR INDIVIDUAL OCCUPA2 TIONAL REQUIREMENTS OF CERTAIN POSI3 TIONS. 

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

5 individual occupational requirements with respect to an 

6 employee or prospective employee of the Department of 

7 State for a civilian position categorized under the GS–0130 

8 occupational series if the Secretary determines that the in9 dividual possesses significant scientific, technological, engi10 neering, or mathematical expertise that is integral to per11 forming the duties of the applicable position, based on dem12 onstrated job performance and qualifying experience. With 

13 respect to each waiver granted under this subsection, the 

14 Secretary shall set forth in a written document that is 

15 transmitted to the Director of the Office of Personnel Man16 agement the rationale for the decision of the Secretary to 

17 waive such requirements. 

18 SEC. 1320. APPOINTMENT OF EMPLOYEES TO THE GLOBAL 

19 ENGAGEMENT CENTER. 

20 The Secretary of State may appoint, for a 3-year pe21 riod that may be extended for up to an additional two 

22 years, solely to carry out the functions of the Global En23 gagement Center, employees of the Department of State 

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

25 Code, governing appointment in the competitive service, 

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1 out regard to chapter 51 and subchapter III of chapter 53 

2 of such title. 

3 SEC. 1321. REST AND RECUPERATION AND OVERSEAS OPER4 ATIONS LEAVE FOR FEDERAL EMPLOYEES. 

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

6 5, United States Code, is amended by adding at the end 

7 the following new sections: 

8 ‘‘§ 6329d. Rest and recuperation leave 

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

10 ‘‘(1) the term ‘agency’ means an Executive agen11 cy (as that term is defined in section 105), but does 

12 not include the Government Accountability Office; 

13 ‘‘(2) the term ‘combat zone’ means a geographic 

14 area designated by an Executive order of the Presi15 dent as an area in which the Armed Forces are en16 gaging or have engaged in combat, an area designated 

17 by law to be treated as a combat zone, or a location 

18 the Department of Defense has certified for combat 

19 zone tax benefits due to its direct support of military 

20 operations; 

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

22 that term in section 6301; 

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

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1 bus Diplomatic Security and Antiterrorism Act of 

2 1986 (22 U.S.C. 4803); and 

3 ‘‘(5) the term ‘leave year’ means the period be4 ginning on the first day of the first complete pay pe5 riod in a calendar year and ending on the day imme6 diately before the first day of the first complete pay 

7 period in the following calendar year. 

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

9 head of an agency may prescribe regulations to grant up 

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

11 of rest and recuperation to an employee of the agency serv12 ing in a combat zone, any other high risk, high threat post, 

13 or any other location presenting significant security or 

14 operational challenges. 

15 ‘‘(c) DISCRETIONARY AUTHORITY OF AGENCY HEAD.— 

16 Use of the authority under subsection (b) is at the sole and 

17 exclusive discretion of the head of the agency concerned. 

18 ‘‘(d) RECORDS.—An agency shall record leave pro19 vided under this section separately from leave authorized 

20 under any other provision of law. 

21 ‘‘§ 6329e. Overseas operations leave 

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

23 ‘‘(1) the term ‘agency’ means an Executive agen24 cy (as that term is defined in section 105), but does 

25 not include the Government Accountability Office; 


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

2 that term in section 6301; and 

3 ‘‘(3) the term ‘leave year’ means the period be4 ginning with the first day of the first complete pay 

5 period in a calendar year and ending with the day 

6 immediately before the first day of the first complete 

7 pay period in the following calendar year. 

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

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

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

11 agency serving abroad where the conduct of business could 

12 pose potential security or safety related risks or would be 

13 inconsistent with host-country practice. Such regulations 

14 may provide that additional leave days may be granted 

15 during such leave year if the head of the agency determines 

16 that to do so is necessary to advance the national security 

17 or foreign policy interests of the United States. 

18 ‘‘(c) DISCRETIONARY AUTHORITY OF AGENCY HEAD.— 

19 Use of the authority under subsection (b) is at the sole and 

20 exclusive discretion of the head of the agency concerned. 

21 ‘‘(d) RECORDS.—An agency shall record leave pro22 vided under this section separately from leave authorized 

23 under any other provision of law.’’. 


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1 (b) CLERICAL AMENDMENTS.—The table of sections at 

2 the beginning of such chapter is amended by inserting after 

3 the item relating to section 6329c the following new items: 

‘‘6329d. Rest and recuperation leave 

‘‘6329e. Overseas operations leave’’. 

4 SEC. 1322. EMERGENCY MEDICAL SERVICES AUTHORITY. 

5 Section 3 of the State Department Basic Authorities 

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

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

8 semicolon; 

9 (2) in subsection (m), by striking the period and 

10 inserting ‘‘; and’’; and 

11 (3) by adding at the end the following new sub12 section: 

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

14 the Secretary, provide emergency medical services or 

15 related support for private United States citizens, na16 tionals, and permanent resident aliens abroad, or 

17 third country nationals connected to such persons or 

18 to the diplomatic or development missions of the 

19 United States abroad, who are unable to obtain such 

20 services or support otherwise, with such assistance 

21 provided on a reimbursable basis to the extent fea22 sible.’’. 


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1 SEC. 1323. DEPARTMENT OF STATE STUDENT INTERNSHIP 

2 PROGRAM. 

3 (a) IN GENERAL.—The Secretary of State shall estab4 lish the Department of State Student Internship Program 

5 (in this section referred to as the ‘‘Program’’) to offer in6 ternship opportunities at the Department of State to eligible 

7 students to raise awareness of the essential role of diplo8 macy in the conduct of United States foreign policy and 

9 the realization of United States foreign policy objectives. 

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

11 Program, an applicant shall— 

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

13 (A) an institution of higher education (as 

14 such term is defined section 102 of the Higher 

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

16 (B) an institution of higher education based 

17 outside the United States, as determined by the 

18 Secretary of State; 

19 (2) be able to receive and hold an appropriate se20 curity clearance; and 

21 (3) satisfy such other criteria as established by 

22 the Secretary. 

23 (c) SELECTION.—The Secretary of State shall establish 

24 selection criteria for students to be admitted into the Pro25 gram that includes the following: 


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1 (1) Demonstrable interest in a career in foreign 

2 affairs. 

3 (2) Academic performance. 

4 (3) Such other criteria as determined by the Sec5 retary. 

6 (d) OUTREACH.—The Secretary of State shall adver7 tise the Program widely, including on the internet, through 

8 the Department of State’s Diplomats in Residence program, 

9 and through other outreach and recruiting initiatives tar10 geting undergraduate and graduate students. The Secretary 

11 shall actively encourage people belonging to traditionally 

12 under-represented groups in terms of racial, ethnic, geo13 graphic, and gender diversity, and disability status to 

14 apply to the Program, including by conducting targeted 

15 outreach at minority serving institutions (as such term is 

16 described in section 371(a) of the Higher Education Act of 

17 1965 (20 U.S.C. 1067q(a)). 

18 (e) COMPENSATION.— 

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

20 Program shall be paid at least— 

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

22 of the Fair Labor Standards Act of 1938 (29 

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

24 (B) the minimum wage of the jurisdiction 

25 in which the internship is located, 


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1 whichever is greatest. 

2 (2) HOUSING ASSISTANCE.— 

3 (A) ABROAD.—The Secretary of State shall 

4 provide housing assistance to a student partici5 pating in the Program whose permanent address 

6 is within the United States if the location of the 

7 internship in which such student is partici8 pating is outside the United States. 

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

10 authorized to provide housing assistance to a 

11 student participating in the Program whose per12 manent address is within the United States if 

13 the location of the internship in which such stu14 dent is participating is more than 50 miles 

15 away from such student’s permanent address. 

16 (3) TRAVEL ASSISTANCE.—The Secretary of 

17 State shall provide a student participating in the 

18 Program whose permanent address is within the 

19 United States financial assistance to cover the costs 

20 of travel once to and once from the location of the in21 ternship in which such student is participating, in22 cluding travel by air, train, bus, or other transit as 

23 appropriate, if the location of such internship is— 

24 (A) more than 50 miles from such student’s 

25 permanent address; or 


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1 (B) outside the United States. 

2 (f) WORKING WITH INSTITUTIONS OF HIGHER EDU3 CATION.—The Secretary of State is authorized to enter into 

4 agreements with institutions of higher education to struc5 ture internships to ensure such internships satisfy criteria 

6 for academic programs in which participants in such in7 ternships are enrolled. 

8 (g) TRANSITION PERIOD.—Not later than two years 

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

10 of State shall transition all unpaid internship programs 

11 of the Department of State, including the Foreign Service 

12 Internship Program, to internship programs that offer com13 pensation. Upon selection as a candidate for entry into an 

14 internship program of the Department after such date, a 

15 participant in such internship program shall be afforded 

16 the opportunity to forgo compensation, including if doing 

17 so allows such participant to receive college or university 

18 curricular credit. 

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

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

21 shall submit to the Committee on Foreign Affairs of the 

22 House of Representatives and the Committee on Foreign Re23 lations of a Senate a report that includes the following: 

24 (1) Data, to the extent collection of such infor25 mation is permissible by law, regarding the number 


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

2 institution of higher learning, home State, State 

3 where each student graduated from high school, and 

4 disability status, who applied to the Program, were 

5 offered a position, and participated. 

6 (2) Data on the number of security clearance in7 vestigations started for such students and the timeline 

8 for such investigations, including whether such inves9 tigations were completed or if, and when, an interim 

10 security clearance was granted. 

11 (3) Information on expenditures on the Program. 

12 (4) Information regarding the Department of 

13 State’s compliance with subsection (g). 

14 (i) VOLUNTARY PARTICIPATION.— 

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

16 be construed to compel any student who is a partici17 pant in an internship program of the Department of 

18 State to participate in the collection of the data or di19 vulge any personal information. Such students shall 

20 be informed that their participation in the data col21 lection contemplated by this section is voluntary. 

22 (2) PRIVACY PROTECTION.—Any data collected 

23 under this section shall be subject to the relevant pri24 vacy protection statutes and regulations applicable to 

25 Federal employees. 


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1 SEC. 1324. COMPETITIVE STATUS FOR CERTAIN EMPLOYEES 

2 HIRED BY INSPECTORS GENERAL TO SUP3 PORT THE LEAD IG MISSION. 

4 Subparagraph (A) of section 8L(d)(5) of the Inspector 

5 General Act of 1978 (5 U.S.C. App.) is amended by striking 

6 ‘‘a lead Inspector General for’’ and inserting ‘‘any of the 

7 Inspectors General specified in subsection (c) for oversight 

8 of’’. 

9 SEC. 1325. COOPERATION WITH OFFICE OF THE INSPECTOR 

10 GENERAL. 

11 (a) ADMINISTRATIVE DISCIPLINE.—Not later than 30 

12 days after the date of the enactment of this Act, the Sec13 retary of State shall make explicit in writing to all Depart14 ment of State personnel, including the Secretary of State, 

15 Department employees, contractors, and political ap16 pointees, and shall consider updating the Foreign Affairs 

17 Manual and the Foreign Affairs Handbook to explicitly 

18 specify, that if any of such personnel does not comply with19 in 60 days with a request for an interview or access to docu20 ments from the Office of the Inspector General of the De21 partment such personnel may be subject to appropriate ad22 ministrative discipline including, when circumstances war23 rant, suspension without pay or removal. 

24 (b) REPORT.— 

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

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1 terly basis thereafter, the Office of the Inspector Gen2 eral of the Department of State and the United States 

3 Agency for Global Media shall submit to the appro4 priate congressional committees and the Secretary of 

5 State a report in unclassified form detailing the fol6 lowing: 

7 (A) The number of individuals who have 

8 failed to comply within 60 days with a request 

9 for an interview or access to documents from the 

10 Office of the Inspector General pertaining to a 

11 non-criminal matter. 

12 (B) The date on which such requests were 

13 initially made. 

14 (C) Any extension of time that was volun15 tarily granted to such individual by the Office of 

16 the Inspector General. 

17 (D) The general subject matters regarding 

18 which the Office of the Inspector General has re19 quested of such individuals. 

20 (2) FORM.—Additional information pertaining 

21 solely to the subject matter of a request described in 

22 paragraph (1) may be provided in a supplemental 

23 classified annex, if necessary, but all other informa24 tion required by the reports required under such 

25 paragraph shall be provided in unclassified form. 


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1 SEC. 1326. INFORMATION ON EDUCATIONAL OPPORTUNI2 TIES FOR CHILDREN WITH SPECIAL EDU3 CATIONAL NEEDS CONSISTENT WITH THE IN4 DIVIDUALS WITH DISABILITIES EDUCATION 

5 ACT. 

6 Not later than March 31, 2022, and annually there7 after, the Director of the Office of Overseas Schools of the 

8 Department of State shall maintain and update a list of 

9 overseas schools receiving assistance from the Office and de10 tailing the extent to which each such school provides special 

11 education and related services to children with disabilities 

12 in accordance with part B of the Individuals with Disabil13 ities Education Act (20 U.S.C. 1411 et seq.). Each list re14 quired under this section shall be posted on the public 

15 website of the Office for access by members of the Foreign 

16 Service, Senior Foreign Service, and their eligible family 

17 members. 

18 SEC. 1327. IMPLEMENTATION OF GAP MEMORANDUM IN SE19 LECTION BOARD PROCESS. 

20 (a) IN GENERAL.—Section 603 of the Foreign Service 

21 Act of 1980 (22 U.S.C. 4003) is amended by adding at the 

22 end the following new subsection: 

23 ‘‘(c)(1) A member of the Service or member of the Sen24 ior Foreign Service whose performance will be evaluated by 

25 a selection board may submit to such selection board a gap 

26 memo in advance of such evaluation. 


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

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

3 described in paragraph (1) when evaluating the perform4 ance of such member. 

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

6 a written record, submitted to a selection board in a stand7 ard format established by the Director General of the For8 eign Service, which indicates and explains a gap in the 

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

10 Foreign Service whose performance will be evaluated by 

11 such selection board, which gap is due to personal cir12 cumstances, including for health, family, or other reason 

13 as determined by the Director General in consultation with 

14 the Committee on Foreign Affairs of the House of Represent15 atives and the Committee on Foreign Relations of the Sen16 ate.’’. 

17 (b) CONSULTATION AND GUIDANCE.— 

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

19 after the date of the enactment of this Act, the Direc20 tor General of the Foreign Service shall consult with 

21 the Committee on Foreign Affairs of the House of 

22 Representatives and the Committee on Foreign Rela23 tions of the Senate regarding the development of the 

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


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1 Foreign Service Act of 1980, as added by subsection 

2 (a). 

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

4 ‘‘gap memo’’ has the meaning given such term in sub5 section (c) of section 603 of the Foreign Service Act 

6 of 1980. 

7 TITLE IV—A DIVERSE WORK8 FORCE: RECRUITMENT, RE9 TENTION, AND PROMOTION 

10 SEC. 1401. DEFINITIONS. 

11 In this title: 

12 (1) APPLICANT FLOW DATA.—The term ‘‘appli13 cant flow data’’ means data that tracks the rate of 

14 applications for job positions among demographic 

15 categories. 

16 (2) DEMOGRAPHIC DATA.—The term ‘‘demo17 graphic data’’ means facts or statistics relating to the 

18 demographic categories specified in the Office of Man19 agement and Budget statistical policy directive enti20 tled ‘‘Standards for Maintaining, Collecting, and Pre21 senting Federal Data on Race and Ethnicity’’ (81 

22 Fed. Reg. 67398). 

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

24 those classes of persons protected under the Civil 

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


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1 Americans with Disabilities Act of 1990 (42 U.S.C. 

2 12101 et seq.). 

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

4 means— 

5 (A) individuals serving in a position in the 

6 civil service (as such term is defined in section 

7 2101 of title 5, United States Code); 

8 (B) individuals who are members of the 

9 Foreign Service (as such term defined in section 

10 103 of the Foreign Service Act of 1980 (22 

11 U.S.C. 3902)); 

12 (C) all individuals serving under a personal 

13 services contract; 

14 (D) all individuals serving under a Foreign 

15 Service limited appointment under section 309 

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

17 3949); or 

18 (E) individuals other than Locally Em19 ployed Staff working in the Department of State 

20 under any other authority. 

21 SEC. 1402. COLLECTION, ANALYSIS, AND DISSEMINATION 

22 OF WORKFORCE DATA. 

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

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

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1 sonnel Management and the Director of the Office of Man2 agement and Budget, submit to the appropriate congres3 sional committees a report, which shall also be published 

4 on a publicly available website of the Department in a 

5 searchable database format, that includes disaggregated de6 mographic data and other information regarding the diver7 sity of the workforce of the Department of State. 

8 (b) DATA.—The report under subsection (a) shall in9 clude the following data to the maximum extent collection 

10 of such data is permissible by law: 

11 (1) Demographic data on each element of the 

12 workforce of the Department of State, disaggregated 

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

14 to the following groups: 

15 (A) Applicants for positions in the Depart16 ment. 

17 (B) Individuals hired to join the workforce. 

18 (C) Individuals promoted during the 5-year 

19 period ending on the date of the enactment of 

20 this Act, including promotions to and within the 

21 Senior Executive Service or the Senior Foreign 

22 Service. 

23 (D) Individuals serving during the 5-year 

24 period ending on the date of the enactment of 

25 this Act as special assistants in any of the offices 


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1 of the Secretary of State, the Deputy Secretary 

2 of State, the Counselor of the Department of 

3 State, the Secretary’s Policy Planning Staff, the 

4 Under Secretary for Arms Control and Inter5 national Security, the Under Secretary for Civil6 ian Security, Democracy, and Human Rights, 

7 the Under Secretary for Economic Growth, En8 ergy, and the Environment, the Undersecretary 

9 for Management, the Undersecretary of State for 

10 Political Affairs, and the Undersecretary for 

11 Public Diplomacy and Public Affairs. 

12 (E) Individuals serving in the 5-year period 

13 ending on the date of the enactment of this Act 

14 in each bureau’s front office. 

15 (F) Individuals serving in the 5-year period 

16 ending on the date of the enactment of this Act 

17 as detailees to the National Security Council. 

18 (G) Individuals serving on applicable selec19 tion boards. 

20 (H) Members of any external advisory com21 mittee or board who are subject to appointment 

22 by individuals at senior positions in the Depart23 ment. 

24 (I) Individuals participating in profes25 sional development programs of the Department, 


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1 and the extent to which such participants have 

2 been placed into senior positions within the De3 partment after such participation. 

4 (J) Individuals participating in mentorship 

5 or retention programs. 

6 (K) Individuals who separated from the 

7 agency during the 5-year period ending on the 

8 date of the enactment of this Act, including indi9 viduals in the Senior Executive Service or the 

10 Senior Foreign Service. 

11 (2) An assessment of agency compliance with the 

12 essential elements identified in Equal Employment 

13 Opportunity Commission Management Directive 715, 

14 effective October 1, 2003. 

15 (3) Data on the overall number of individuals 

16 who are part of the workforce, the percentages of such 

17 workforce corresponding to each element specified in 

18 section 1401(4), and the percentages corresponding to 

19 each rank, grade, or grade-equivalent. 

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

21 include in the report under subsection (a) a recommenda22 tion to the Director of Office of Management and Budget 

23 and to the appropriate congressional committees regarding 

24 whether the Department of State should be permitted to col25 lect more detailed data on demographic categories in addiVerDate Sep 11 2014 21:54 May 13, 2021 Jkt 019200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6203 E:\BILLS\H1157.RH H1157

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1 tion to the race and ethnicity categories specified in the Of2 fice of Management and Budget statistical policy directive 

3 entitled ‘‘Standards for Maintaining, Collecting, and Pre4 senting Federal Data on Race and Ethnicity’’ (81 Fed. Reg. 

5 67398), in order to comply with the intent and require6 ments of this Act. 

7 (d) OTHER CONTENTS.—The report under subsection 

8 (a) shall also describe and assess the effectiveness of the ef9 forts of the Department of State— 

10 (1) to propagate fairness, impartiality, and in11 clusion in the work environment, both domestically 

12 and abroad; 

13 (2) to enforce anti-harassment and anti-dis14 crimination policies, both domestically and at posts 

15 overseas; 

16 (3) to refrain from engaging in unlawful dis17 crimination in any phase of the employment process, 

18 including recruitment, hiring, evaluation, assign19 ments, promotion, retention, and training; 

20 (4) to prevent retaliation against employees for 

21 participating in a protected equal employment oppor22 tunity activity or for reporting sexual harassment or 

23 sexual assault; 


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1 (5) to provide reasonable accommodation for 

2 qualified employees and applicants with disabilities; 

3 and 

4 (6) to recruit a representative workforce by— 

5 (A) recruiting women, persons with disabil6 ities, and minorities; 

7 (B) recruiting at women’s colleges, histori8 cally Black colleges and universities, minority9 serving institutions, and other institutions serv10 ing a significant percentage of minority stu11 dents; 

12 (C) placing job advertisements in news13 papers, magazines, and job sites oriented toward 

14 women and minorities; 

15 (D) sponsoring and recruiting at job fairs 

16 in urban and rural communities and land-grant 

17 colleges or universities; 

18 (E) providing opportunities through the 

19 Foreign Service Internship Program under chap20 ter 12 of the Foreign Service Act of 1980 (22 

21 U.S.C. 4141 et seq.) and other hiring initiatives; 

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

23 professionals through programs designed to in24 crease representation in international affairs of 


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1 people belonging to traditionally under-rep2 resented groups; 

3 (G) offering the Foreign Service written and 

4 oral assessment examinations in several locations 

5 throughout the United States to reduce the bur6 den of applicants having to travel at their own 

7 expense to take either or both such examinations; 

8 (H) expanding the use of paid internships; 

9 and 

10 (I) supporting recruiting and hiring oppor11 tunities through— 

12 (i) the Charles B. Rangel International 

13 Affairs Fellowship Program; 

14 (ii) the Thomas R. Pickering Foreign 

15 Affairs Fellowship Program; and 

16 (iii) other initiatives, including agen17 cy-wide policy initiatives. 

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

19 the publication of the report required under subsection (a) 

20 and annually thereafter for the following five years, the Sec21 retary of State shall work with the Director of the Office 

22 of Personnel Management and the Director of the Office of 

23 Management and Budget to provide a report to the appro24 priate congressional committees, which shall be posted on 

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1 other annual report required under another provision of 

2 law, that includes— 

3 (1) disaggregated demographic data, to the max4 imum extent collection of such data is permissible by 

5 law, relating to the workforce and information on the 

6 status of diversity and inclusion efforts of the Depart7 ment; 

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

9 maximum extent collection of such data is permissible 

10 by law,; and 

11 (3) disaggregated demographic data relating to 

12 participants in professional development programs of 

13 the Department and the rate of placement into senior 

14 positions for participants in such programs. 

15 SEC. 1403. EXIT INTERVIEWS FOR WORKFORCE. 

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

17 the Foreign Service and the Director of the Bureau of 

18 Human Resources or its equivalent shall conduct periodic 

19 interviews with a representative and diverse cross-section 

20 of the workforce of the Department of State— 

21 (1) to understand the reasons of individuals in 

22 such workforce for remaining in a position in the De23 partment; and 

24 (2) to receive feedback on workplace policies, pro25 fessional development opportunities, and other issues 


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1 affecting the decision of individuals in the workforce 

2 to remain in the Department. 

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

4 the Foreign Service and the Director of the Bureau of 

5 Human Resources or its equivalent shall provide an oppor6 tunity for an exit interview to each individual in the work7 force of the Department of State who separates from service 

8 with the Department to better understand the reasons of 

9 such individual for leaving such service. 

10 (c) USE OF ANALYSIS FROM INTERVIEWS.—The Direc11 tor General of the Foreign Service and the Director of the 

12 Bureau of Human Resources or its equivalent shall analyze 

13 demographic data and other information obtained through 

14 interviews under subsections (a) and (b) to determine— 

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

16 participating in such interviews impacts the results; 

17 and 

18 (2) whether to implement any policy changes or 

19 include any recommendations in a report required 

20 under subsection (a) or (e) of section 1402 relating to 

21 the determination reached pursuant to paragraph (1). 

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

23 shall— 

24 (1) track demographic data relating to partici25 pants in professional development programs and the 


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1 rate of placement into senior positions for partici2 pants in such programs; 

3 (2) annually evaluate such data— 

4 (A) to identify ways to improve outreach 

5 and recruitment for such programs, consistent 

6 with merit system principles; and 

7 (B) to understand the extent to which par8 ticipation in any professional development pro9 gram offered or sponsored by the Department 

10 differs among the demographic categories of the 

11 workforce; and 

12 (3) actively encourage participation from a 

13 range of demographic categories, especially from cat14 egories with consistently low participation, in such 

15 professional development programs. 

16 SEC. 1404. RECRUITMENT AND RETENTION. 

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

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

19 of applicants; and 

20 (2) instruct the Director General of the Foreign 

21 Service and the Director of the Bureau of Human Re22 sources of the Department of State to have a recruit23 ment plan of action for the recruitment of people be24 longing to traditionally under-represented groups, 

25 which should include outreach at appropriate colleges, 


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1 universities, affinity groups, and professional associa2 tions. 

3 (b) SCOPE.—The diversity recruitment initiatives de4 scribed in subsection (a) shall include— 

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

6 Black colleges and universities, minority-serving in7 stitutions, and other institutions serving a significant 

8 percentage of minority students; 

9 (2) placing job advertisements in newspapers, 

10 magazines, and job sites oriented toward diverse 

11 groups; 

12 (3) sponsoring and recruiting at job fairs in 

13 urban and rural communities and land-grant colleges 

14 or universities; 

15 (4) providing opportunities through highly re16 spected, international leadership programs, that focus 

17 on diversity recruitment and retention; 

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

19 (6) cultivating partnerships with organizations 

20 dedicated to the advancement of the profession of 

21 international affairs and national security to advance 

22 shared diversity goals. 

23 (c) EXPAND TRAINING ON ANTI-HARASSMENT AND

24 ANTI-DISCRIMINATION.— 


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

2 through the Foreign Service Institute and other edu3 cational and training opportunities— 

4 (A) ensure the provision to all individuals 

5 in the workforce of training on anti-harassment 

6 and anti-discrimination information and poli7 cies, including in existing Foreign Service Insti8 tute courses or modules prioritized in the De9 partment of State’s Diversity and Inclusion 

10 Strategic Plan for 2016–2020 to promote diver11 sity in Bureau awards or mitigate unconscious 

12 bias; 

13 (B) expand the provision of training on 

14 workplace rights and responsibilities to focus on 

15 anti-harassment and anti-discrimination infor16 mation and policies, including policies relating 

17 to sexual assault prevention and response; and 

18 (C) make such expanded training manda19 tory for— 

20 (i) individuals in senior and super21 visory positions; 

22 (ii) individuals having responsibilities 

23 related to recruitment, retention, or pro24 motion of employees; and 


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1 (iii) any other individual determined 

2 by the Department who needs such training 

3 based on analysis by the Department or 

4 OPM analysis. 

5 (2) BEST PRACTICES.—The Department of State 

6 shall give special attention to ensuring the continuous 

7 incorporation of research-based best practices in 

8 training provided under this subsection. 

9 SEC. 1405. PROMOTING DIVERSITY AND INCLUSION IN THE 

10 NATIONAL SECURITY WORKFORCE. 

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

12 that individuals in senior and supervisory positions of the 

13 Department of State, or Department individuals having re14 sponsibilities related to recruitment, retention, or pro15 motion of employees, should have a demonstrated commit16 ment to equal opportunity, diversity, and inclusion. 

17 (b) CONSIDERATION.—In making any recommenda18 tions on nominations, conducting interviews, identifying or 

19 selecting candidates, or appointing acting individuals for 

20 positions equivalent to an Assistant Secretary or above, the 

21 Secretary of State shall use best efforts to consider at least 

22 one individual reflective of diversity. 

23 (c) ESTABLISHMENT.— 

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

25 establish a mechanism to ensure that appointments or 


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1 details of Department of State employees to staff posi2 tions in the Offices of the Secretary, the Deputy Sec3 retary, the Counselor of the Department, the Sec4 retary’s Policy Planning Staff, or any of the Under5 secretaries of State, and details to the National Secu6 rity Council, are transparent, competitive, equitable, 

7 and inclusive, and made without regard to an indi8 vidual’s race, color, religion, sex (including preg9 nancy, transgender status, or sexual orientation), na10 tional origin, age (if 40 or older), disability, or ge11 netic information. 

12 (2) REPORT.—Not later than 90 days after the 

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

14 State shall submit to the appropriate congressional 

15 committees a report regarding the mechanism re16 quired under paragraph (1). 

17 (d) AVAILABILITY.—The Secretary of State shall use 

18 best efforts to consider at least one individual reflective of 

19 diversity for the staff positions specified in subsection (c)(1) 

20 and ensure such positions are equitably available to em21 ployees of the civil service and Foreign Service. 

22 SEC. 1406. LEADERSHIP ENGAGEMENT AND ACCOUNT23 ABILITY. 

24 (a) REWARD AND RECOGNIZE EFFORTS TO PROMOTE

25 DIVERSITY AND INCLUSION.— 


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

2 implement performance and advancement require3 ments that reward and recognize the efforts of indi4 viduals in senior positions and supervisors in the De5 partment of State in fostering an inclusive environ6 ment and cultivating talent consistent with merit sys7 tem principles, such as through participation in men8 toring programs or sponsorship initiatives, recruit9 ment events, and other similar opportunities. 

10 (2) OUTREACH EVENTS.—The Secretary of State 

11 shall create opportunities for individuals in senior 

12 positions and supervisors in the Department of State 

13 to participate in outreach events and to discuss issues 

14 relating to diversity and inclusion with the workforce 

15 on a regular basis, including with employee resource 

16 groups. 

17 (b) EXTERNAL ADVISORY COMMITTEES AND

18 BOARDS.—For each external advisory committee or board 

19 to which individuals in senior positions in the Department 

20 of State appoint members, the Secretary of State is strongly 

21 encouraged by Congress to ensure such external advisory 

22 committee or board is developed, reviewed, and carried out 

23 by qualified teams that represent the diversity of the organi24 zation. 


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1 SEC. 1407. PROFESSIONAL DEVELOPMENT OPPORTUNITIES 

2 AND TOOLS. 

3 (a) EXPAND PROVISION OF PROFESSIONAL DEVELOP4 MENT AND CAREER ADVANCEMENT OPPORTUNITIES.— 

5 (1) IN GENERAL.—The Secretary of State is au6 thorized to expand professional development opportu7 nities that support the mission needs of the Depart8 ment of State, such as— 

9 (A) academic programs; 

10 (B) private-public exchanges; and 

11 (C) detail assignments to relevant positions 

12 in— 

13 (i) private or international organiza14 tions; 

15 (ii) State, local, and Tribal govern16 ments; 

17 (iii) other branches of the Federal Gov18 ernment; or 

19 (iv) professional schools of inter20 national affairs. 

21 (2) TRAINING FOR SENIOR POSITIONS.— 

22 (A) IN GENERAL.—The Secretary of State 

23 shall offer, or sponsor members of the workforce 

24 to participate in, a Senior Executive Service 

25 candidate development program or other pro26 gram that trains members on the skills required 


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1 for appointment to senior positions in the De2 partment of State. 

3 (B) REQUIREMENTS.—In determining 

4 which members of the workforce are granted pro5 fessional development or career advancement op6 portunities under subparagraph (A), the Sec7 retary of State shall— 

8 (i) ensure any program offered or 

9 sponsored by the Department of State under 

10 such subparagraph comports with the re11 quirements of subpart C of part 412 of title 

12 5, Code of Federal Regulations, or any suc13 cessor thereto, including merit staffing and 

14 assessment requirements; 

15 (ii) consider the number of expected 

16 vacancies in senior positions as a factor in 

17 determining the number of candidates to se18 lect for such programs; 

19 (iii) understand how participation in 

20 any program offered or sponsored by the 

21 Department under such subparagraph dif22 fers by gender, race, national origin, dis23 ability status, or other demographic cat24 egories; and 


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1 (iv) actively encourage participation 

2 from a range of demographic categories, es3 pecially from categories with consistently 

4 low participation. 

5 SEC. 1408. EXAMINATION AND ORAL ASSESSMENT FOR THE 

6 FOREIGN SERVICE. 

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

8 that the Department of State should offer both the Foreign 

9 Service written examination and oral assessment in more 

10 locations throughout the United States. Doing so would ease 

11 the financial burden on potential candidates who do not 

12 currently reside in and must travel at their own expense 

13 to one of the few locations where these assessments are of14 fered. 

15 (b) FOREIGN SERVICE EXAMINATIONS.—Section 

16 301(b) of the Foreign Service Act of 1980 (22 U.S.C. 3941) 

17 is amended— 

18 (1) by striking ‘‘The Secretary’’ and inserting: 

19 ‘‘(1) The Secretary’’; and 

20 (2) by adding at the end the following new para21 graph: 

22 ‘‘(2) The Secretary shall ensure that the Board of Ex23 aminers for the Foreign Service annually offers the oral as24 sessment examinations described in paragraph (1) in cities, 


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1 chosen on a rotating basis, located in at least three different 

2 time zones across the United States.’’. 

3 SEC. 1409. PAYNE FELLOWSHIP AUTHORIZATION. 

4 (a) IN GENERAL.—Undergraduate and graduate com5 ponents of the Donald M. Payne International Development 

6 Fellowship Program may conduct outreach to attract out7 standing students with an interest in pursuing a Foreign 

8 Service career who represent diverse ethnic and socio9 economic backgrounds. 

10 (b) REVIEW OF PAST PROGRAMS.—The Secretary of 

11 State shall review past programs designed to increase mi12 nority representation in international affairs positions. 

13 SEC. 1410. VOLUNTARY PARTICIPATION. 

14 (a) IN GENERAL.—Nothing in this title should be con15 strued so as to compel any employee to participate in the 

16 collection of the data or divulge any personal information. 

17 Department of State employees shall be informed that their 

18 participation in the data collection contemplated by this 

19 title is voluntary. 

20 (b) PRIVACY PROTECTION.—Any data collected under 

21 this title shall be subject to the relevant privacy protection 

22 statutes and regulations applicable to Federal employees. 


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1 TITLE V—INFORMATION 

2 SECURITY 

3 SEC. 1501. DEFINITIONS. 

4 In this title: 

5 (1) INTELLIGENCE COMMUNITY.—The term ‘‘in6 telligence community’’ has the meaning given such 

7 term in section 3(4) of the National Security Act of 

8 1947 (50 U.S.C. 3003(4)). 

9 (2) RELEVANT CONGRESSIONAL COMMITTEES.— 

10 The term ‘‘relevant congressional committees’’ 

11 means— 

12 (A) the appropriate congressional commit13 tees; 

14 (B) the Select Committee on Intelligence of 

15 the Senate; and 

16 (C) the Permanent Select Committee on In17 telligence of the House of Representatives. 

18 SEC. 1502. LIST OF CERTAIN TELECOMMUNICATIONS PRO19 VIDERS. 

20 (a) LIST OF COVERED CONTRACTORS.—Not later than 

21 30 days after the date of the enactment of this Act, the Sec22 retary of State, in consultation with the Director of Na23 tional Intelligence, shall develop or maintain, as the case 

24 may be, and update as frequently as the Secretary deter25 mines appropriate, a list of covered contractors with respect 


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1 to which the Department should seek to avoid entering into 

2 contracts. Not later than 30 days after the initial develop3 ment of the list under this subsection, any update thereto, 

4 and annually thereafter for five years after such initial 30 

5 day period, the Secretary shall submit to the appropriate 

6 congressional committees a copy of such list. 

7 (b) COVERED CONTRACTOR DEFINED.—In this section, 

8 the term ‘‘covered contractor’’ means a provider of tele9 communications, telecommunications equipment, or infor10 mation technology equipment, including hardware, soft11 ware, or services, that has knowingly assisted or facilitated 

12 a cyber attack or conducted surveillance, including passive 

13 or active monitoring, carried out against— 

14 (1) the United States by, or on behalf of, any 

15 government, or persons associated with such govern16 ment, listed as a cyber threat actor in the intelligence 

17 community’s 2017 assessment of worldwide threats to 

18 United States national security or any subsequent 

19 worldwide threat assessment of the intelligence com20 munity; or 

21 (2) individuals, including activists, journalists, 

22 opposition politicians, or other individuals for the 

23 purposes of suppressing dissent or intimidating crit24 ics, on behalf of a country included in the annual 

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1 partment for systematic acts of political repression, 

2 including arbitrary arrest or detention, torture, 

3 extrajudicial or politically motivated killing, or other 

4 gross violations of human rights. 

5 SEC. 1503. PRESERVING RECORDS OF ELECTRONIC COMMU6 NICATIONS CONDUCTED RELATED TO OFFI7 CIAL DUTIES OF POSITIONS IN THE PUBLIC 

8 TRUST OF THE AMERICAN PEOPLE. 

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

10 that, as a matter of rule of law and transparency in a 

11 democratic government, all officers and employees of the De12 partment of State and the United States Agency for Inter13 national Development must preserve all records of commu14 nications conducted in their official capacities or related 

15 to their official duties with entities outside of the United 

16 States Government. It is further the sense of Congress that 

17 such practice should include foreign government officials or 

18 other foreign entities which may seek to influence United 

19 States Government policies and actions. 

20 (b) PUBLICATION.—Not later than 180 days after the 

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

22 shall publish in the Foreign Affairs Manual guidance im23 plementing chapter 31 of title 44, United States Code (com24 monly referred to as the ‘‘Federal Records Act’’), to treat 

25 electronic messaging systems, software, and applications as 


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1 equivalent to electronic mail for the purpose of identifying 

2 Federal records, and shall also publish in the Foreign Af3 fairs Manual the statutory penalties for failure to comply 

4 with such guidance. Beginning on the date that is 180 days 

5 after the date of the enactment of this Act, no funds are 

6 authorized to be appropriated or made available to the De7 partment of State under any Act to support the use or es8 tablishment of accounts on third-party messaging applica9 tions or other non-Government online communication tools 

10 if the Secretary does not certify to the relevant congressional 

11 committees that the Secretary has carried out this section. 

12 The prohibition described in this subsection shall not apply 

13 to warden or embassy security messages. 

14 SEC. 1504. FOREIGN RELATIONS OF THE UNITED STATES 

15 (FRUS) SERIES AND DECLASSIFICATION. 

16 The State Department Basic Authorities Act of 1956 

17 is amended— 

18 (1) in section 402(a)(2) (22 U.S.C. 4352(a)(2)), 

19 by striking ‘‘26’’ and inserting ‘‘20’’; and 

20 (2) in section 404 (22 U.S.C. 4354)— 

21 (A) in subsection (a)(1), by striking 

22 ‘‘30’’and inserting ‘‘25’’; and 

23 (B) in subsection (c)(1)(C), by striking 

24 ‘‘30’’ and inserting ‘‘25’’. 


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1 SEC. 1505. VULNERABILITY DISCLOSURE POLICY AND BUG 

2 BOUNTY PILOT PROGRAM. 

3 (a) DEFINITIONS.—In this section: 

4 (1) BUG BOUNTY PROGRAM.—The term ‘‘bug 

5 bounty program’’ means a program under which an 

6 approved individual, organization, or company is 

7 temporarily authorized to identify and report 

8 vulnerabilities of internet-facing information tech9 nology of the Department of State in exchange for 

10 compensation. 

11 (2) INFORMATION TECHNOLOGY.—The term ‘‘in12 formation technology’’ has the meaning given such 

13 term in section 11101 of title 40, United States Code. 

14 (b) VULNERABILITY DISCLOSURE PROCESS.— 

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

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

17 State shall design, establish, and make publicly 

18 known a Vulnerability Disclosure Process (VDP) to 

19 improve Department of State cybersecurity by— 

20 (A) providing security researchers with 

21 clear guidelines for— 

22 (i) conducting vulnerability discovery 

23 activities directed at Department informa24 tion technology; and 

25 (ii) submitting discovered security 

26 vulnerabilities to the Department; and 


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1 (B) creating Department procedures and 

2 infrastructure to receive and fix discovered 

3 vulnerabilities. 

4 (2) REQUIREMENTS.—In establishing the VDP 

5 pursuant to paragraph (1), the Secretary of State 

6 shall— 

7 (A) identify which Department of State in8 formation technology should be included in the 

9 process; 

10 (B) determine whether the process should 

11 differentiate among and specify the types of secu12 rity vulnerabilities that may be targeted; 

13 (C) provide a readily available means of re14 porting discovered security vulnerabilities and 

15 the form in which such vulnerabilities should be 

16 reported; 

17 (D) identify which Department offices and 

18 positions will be responsible for receiving, 

19 prioritizing, and addressing security vulner20 ability disclosure reports; 

21 (E) consult with the Attorney General re22 garding how to ensure that individuals, organi23 zations, and companies that comply with the re24 quirements of the process are protected from 

25 prosecution under section 1030 of title 18, 


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1 United States Code, and similar provisions of 

2 law for specific activities authorized under the 

3 process; 

4 (F) consult with the relevant offices at the 

5 Department of Defense that were responsible for 

6 launching the 2016 Vulnerability Disclosure Pro7 gram, ‘‘Hack the Pentagon’’, and subsequent De8 partment of Defense bug bounty programs; 

9 (G) engage qualified interested persons, in10 cluding nongovernmental sector representatives, 

11 about the structure of the process as constructive 

12 and to the extent practicable; and 

13 (H) award contracts to entities, as nec14 essary, to manage the process and implement the 

15 remediation of discovered security 

16 vulnerabilities. 

17 (3) ANNUAL REPORTS.—Not later than 180 days 

18 after the establishment of the VDP under paragraph 

19 (1) and annually thereafter for the next five years, the 

20 Secretary of State shall submit to the Committee on 

21 Foreign Affairs of the House of Representatives and 

22 the Committee on Foreign Relations of the Senate a 

23 report on the VDP, including information relating to 

24 the following: 


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1 (A) The number and severity of all security 

2 vulnerabilities reported. 

3 (B) The number of previously unidentified 

4 security vulnerabilities remediated as a result. 

5 (C) The current number of outstanding pre6 viously unidentified security vulnerabilities and 

7 Department of State remediation plans. 

8 (D) The average length of time between the 

9 reporting of security vulnerabilities and remedi10 ation of such vulnerabilities. 

11 (E) The resources, surge staffing, roles, and 

12 responsibilities within the Department used to 

13 implement the VDP and complete security vul14 nerability remediation. 

15 (F) Any other information the Secretary de16 termines relevant. 

17 (c) BUG BOUNTY PILOT PROGRAM.— 

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

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

20 State shall establish a bug bounty pilot program to 

21 minimize security vulnerabilities of internet-facing 

22 information technology of the Department of State. 

23 (2) REQUIREMENTS.—In establishing the pilot 

24 program described in paragraph (1), the Secretary of 

25 State shall— 


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1 (A) provide compensation for reports of pre2 viously unidentified security vulnerabilities 

3 within the websites, applications, and other 

4 internet-facing information technology of the De5 partment of State that are accessible to the pub6 lic; 

7 (B) award contracts to entities, as nec8 essary, to manage such pilot program and for 

9 executing the remediation of security 

10 vulnerabilities identified pursuant to subpara11 graph (A); 

12 (C) identify which Department of State in13 formation technology should be included in such 

14 pilot program; 

15 (D) consult with the Attorney General on 

16 how to ensure that individuals, organizations, or 

17 companies that comply with the requirements of 

18 such pilot program are protected from prosecu19 tion under section 1030 of title 18, United States 

20 Code, and similar provisions of law for specific 

21 activities authorized under such pilot program; 

22 (E) consult with the relevant offices at the 

23 Department of Defense that were responsible for 

24 launching the 2016 ‘‘Hack the Pentagon’’ pilot 


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1 program and subsequent Department of Defense 

2 bug bounty programs; 

3 (F) develop a process by which an approved 

4 individual, organization, or company can reg5 ister with the entity referred to in subparagraph 

6 (B), submit to a background check as determined 

7 by the Department of State, and receive a deter8 mination as to eligibility for participation in 

9 such pilot program; 

10 (G) engage qualified interested persons, in11 cluding nongovernmental sector representatives, 

12 about the structure of such pilot program as con13 structive and to the extent practicable; and 

14 (H) consult with relevant United States 

15 Government officials to ensure that such pilot 

16 program complements persistent network and 

17 vulnerability scans of the Department of State’s 

18 internet-accessible systems, such as the scans con19 ducted pursuant to Binding Operational Direc20 tive BOD–19–02 or successor directive. 

21 (3) DURATION.—The pilot program established 

22 under paragraph (1) should be short-term in duration 

23 and not last longer than one year. 

24 (4) REPORT.—Not later than 180 days after the 

25 date on which the bug bounty pilot program under 


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1 subsection (a) is completed, the Secretary of State 

2 shall submit to the Committee on Foreign Relations 

3 of the Senate and the Committee on Foreign Affairs 

4 of the House of Representatives a report on such pilot 

5 program, including information relating to— 

6 (A) the number of approved individuals, or7 ganizations, or companies involved in such pilot 

8 program, broken down by the number of ap9 proved individuals, organizations, or companies 

10 that— 

11 (i) registered; 

12 (ii) were approved; 

13 (iii) submitted security vulnerabilities; 

14 and 

15 (iv) received compensation; 

16 (B) the number and severity of all security 

17 vulnerabilities reported as part of such pilot pro18 gram; 

19 (C) the number of previously unidentified 

20 security vulnerabilities remediated as a result of 

21 such pilot program; 

22 (D) the current number of outstanding pre23 viously unidentified security vulnerabilities and 

24 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 pro7 gram. 

8 TITLE VI—PUBLIC DIPLOMACY 

9 SEC. 1601. SHORT TITLE. 

10 This title may be cited as the ‘‘Public Diplomacy Mod11 ernization Act of 2021’’. 

12 SEC. 1602. AVOIDING DUPLICATION OF PROGRAMS AND EF13 FORTS. 

14 The Secretary of State shall— 

15 (1) identify opportunities for greater efficiency of 

16 operations, including through improved coordination 

17 of efforts across public diplomacy bureaus and offices 

18 of the Department of State; and 

19 (2) maximize shared use of resources between, 

20 and within, such public diplomacy bureaus and of21 fices in cases in which programs, facilities, or admin22 istrative functions are duplicative or substantially 

23 overlapping. 


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1 SEC. 1603. IMPROVING RESEARCH AND EVALUATION OF 

2 PUBLIC DIPLOMACY. 

3 (a) RESEARCH AND EVALUATION ACTIVITIES.—The 

4 Secretary of State, acting through the Director of Research 

5 and Evaluation appointed pursuant to subsection (b), 

6 shall— 

7 (1) conduct regular research and evaluation of 

8 public diplomacy programs and activities of the De9 partment, including through the routine use of audi10 ence research, digital analytics, and impact evalua11 tions, to plan and execute such programs and activi12 ties; and 

13 (2) make available to Congress the findings of 

14 the research and evaluations conducted under para15 graph (1). 

16 (b) DIRECTOR OF RESEARCH AND EVALUATION.— 

17 (1) APPOINTMENT.—Not later than 90 days after 

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

19 State shall appoint a Director of Research and Eval20 uation (referred to in this subsection as the ‘‘Direc21 tor’’) in the Office of Policy, Planning, and Resources 

22 for Public Diplomacy and Public Affairs of the De23 partment. 

24 (2) LIMITATION ON APPOINTMENT.—The ap25 pointment of the Director pursuant to paragraph (1) 


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1 shall not result in an increase in the overall full-time 

2 equivalent positions within the Department of State. 

3 (3) RESPONSIBILITIES.—The Director shall— 

4 (A) coordinate and oversee the research and 

5 evaluation of public diplomacy programs and 

6 activities of the Department of State in order 

7 to— 

8 (i) improve public diplomacy strategies 

9 and tactics; and 

10 (ii) ensure that such programs and ac11 tivities are increasing the knowledge, under12 standing, and trust of the United States by 

13 relevant target audiences; 

14 (B) routinely organize and oversee audience 

15 research, digital analytics, and impact evalua16 tions across all public diplomacy bureaus and of17 fices of the Department; 

18 (C) support United States diplomatic posts’ 

19 public affairs sections; 

20 (D) share appropriate public diplomacy re21 search and evaluation information within the 

22 Department and with other appropriate Federal 

23 departments and agencies; 

24 (E) regularly design and coordinate stand25 ardized research questions, methodologies, and 


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1 procedures to ensure that public diplomacy pro2 grams and activities across all public diplomacy 

3 bureaus and offices are designed to meet appro4 priate foreign policy objectives; and 

5 (F) report biannually to the United States 

6 Advisory Commission on Public Diplomacy, 

7 through the Subcommittee on Research and 

8 Evaluation established pursuant to subsection 

9 (f), regarding the research and evaluation of all 

10 public diplomacy bureaus and offices. 

11 (4) GUIDANCE AND TRAINING.—Not later than 

12 one year after the appointment of the Director pursu13 ant to paragraph (1), the Director shall develop guid14 ance and training, including curriculum for use by 

15 the Foreign Service Institute, for all public diplomacy 

16 officers of the Department regarding the reading and 

17 interpretation of public diplomacy program and ac18 tivity evaluation findings to ensure that such findings 

19 and related lessons learned are implemented in the 

20 planning and evaluation of all public diplomacy pro21 grams and activities of the Department. 

22 (c) PRIORITIZING RESEARCH AND EVALUATION.— 

23 (1) IN GENERAL.—The head of the Office of Pol24 icy, Planning, and Resources for Public Diplomacy 

25 and Public Affairs of the Department of State shall 


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1 ensure that research and evaluation of public diplo2 macy and activities of the Department, as coordi3 nated and overseen by the Director pursuant to sub4 section (b), supports strategic planning and resource 

5 allocation across all public diplomacy bureaus and of6 fices of the Department. 

7 (2) ALLOCATION OF RESOURCES.—Amounts allo8 cated for the purpose of research and evaluation of 

9 public diplomacy programs and activities of the De10 partment of State pursuant to subsection (b) shall be 

11 made available to be disbursed at the direction of the 

12 Director of Research and Evaluation among the re13 search and evaluation staff across all public diplo14 macy bureaus and offices of the Department. 

15 (3) SENSE OF CONGRESS.—It is the sense of 

16 Congress that the Department of State should gradu17 ally increase its allocation of funds made available 

18 under the headings ‘‘Educational and Cultural Ex19 change Programs’’ and ‘‘Diplomatic Programs’’ for 

20 research and evaluation of public diplomacy pro21 grams and activities of the Department pursuant to 

22 subsection (b) to a percentage of program funds that 

23 is commensurate with Federal Government best prac24 tices. 


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1 (d) LIMITED EXEMPTION RELATING TO THE PAPER2 WORK REDUCTION ACT.—Chapter 35 of title 44, United 

3 States Code (commonly known as the ‘‘Paperwork Reduc4 tion Act’’) shall not apply to the collection of information 

5 directed at any individuals conducted by, or on behalf of, 

6 the Department of State for the purpose of audience re7 search, monitoring, and evaluations, and in connection 

8 with the Department’s activities conducted pursuant to any 

9 of the following: 

10 (1) The Mutual Educational and Cultural Ex11 change Act of 1961 (22 U.S.C. 2451 et seq.). 

12 (2) Section 1287 of the National Defense Author13 ization Act for Fiscal Year 2017 (Public Law 114– 

14 328; 22 U.S.C. 2656 note). 

15 (3) The Foreign Assistance Act of 1961 (22 

16 U.S.C. 2151 et seq.). 

17 (e) LIMITED EXEMPTION RELATING TO THE PRIVACY

18 ACT.— 

19 (1) IN GENERAL.—The Department of State shall 

20 maintain, collect, use, and disseminate records (as 

21 such term is defined in section 552a(a)(4) of title 5, 

22 United States Code) for audience research, digital 

23 analytics, and impact evaluation of communications 

24 related to public diplomacy efforts intended for for25 eign audiences. 


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1 (2) CONDITIONS.—Audience research, digital 

2 analytics, and impact evaluations under paragraph 

3 (1) shall be— 

4 (A) reasonably tailored to meet the purposes 

5 of this subsection; and 

6 (B) carried out with due regard for privacy 

7 and civil liberties guidance and oversight. 

8 (f) UNITED STATES ADVISORY COMMISSION ON PUB9 LIC DIPLOMACY.— 

10 (1) SUBCOMMITTEE FOR RESEARCH AND EVAL11 UATION.—The United States Advisory Commission on 

12 Public Diplomacy shall establish a Subcommittee on 

13 Research and Evaluation to monitor and advise re14 garding audience research, digital analytics, and im15 pact evaluations carried out by the Department of 

16 State and the United States Agency for Global Media. 

17 (2) ANNUAL REPORT.—The Subcommittee on Re18 search and Evaluation established pursuant to para19 graph (1) shall submit to the appropriate congres20 sional committees an annual report, in conjunction 

21 with the United States Advisory Commission on Pub22 lic Diplomacy’s Comprehensive Annual Report on the 

23 performance of the Department and the United States 

24 Agency for Global Media, describing all actions taken 


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1 by the Subcommittee pursuant to paragraph (1) and 

2 any findings made as a result of such actions. 

3 SEC. 1604. PERMANENT REAUTHORIZATION OF THE UNITED 

4 STATES ADVISORY COMMISSION ON PUBLIC 

5 DIPLOMACY. 

6 (a) IN GENERAL.—Section 1334 of the Foreign Affairs 

7 Reform and Restructuring Act of 1998 (22 U.S.C. 6553) 

8 is amended— 

9 (1) in the section heading, by striking ‘‘SUN10 SET’’ and inserting ‘‘CONTINUATION’’; and 

11 (2) by striking ‘‘until October 1, 2021’’. 

12 (b) CLERICAL AMENDMENT.—The table of contents in 

13 section 1002(b) of the Foreign Affairs Reform and Restruc14 turing Act of 1998 is amended by amending the item relat15 ing to section 1334 to read as follows: 

‘‘Sec. 1334. Continuation of United States Advisory Commission on Public Diplomacy.’’. 

16 SEC. 1605. STREAMLINING OF SUPPORT FUNCTIONS. 

17 (a) WORKING GROUP ESTABLISHED.—Not later than 

18 60 days after the date of the enactment of this Act, the Sec19 retary of State shall establish a working group to explore 

20 the possibilities and cost-benefit analysis of transitioning 

21 to a shared services model as such pertains to human re22 sources, travel, purchasing, budgetary planning, and all 

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1 partment that report to the Under Secretary for Public Di2 plomacy of the Department. 

3 (b) REPORT.—Not later than 180 days after the date 

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

5 submit to the appropriate congressional committees a plan 

6 to implement any such findings of the working group estab7 lished under subsection (a). 

8 SEC. 1606. GUIDANCE FOR CLOSURE OF PUBLIC DIPLOMACY 

9 FACILITIES. 

10 (a) IN GENERAL.—Not later than 180 days after the 

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

12 shall adopt, and include in the Foreign Affairs Manual, 

13 guidelines to collect and utilize information from each dip14 lomatic post at which the construction of a new embassy 

15 compound or new consulate compound would result in the 

16 closure or co-location of an American Space, American Cen17 ter, American Corner, or any other public diplomacy facil18 ity under the Secure Embassy Construction and Counter19 terrorism Act of 1999 (22 U.S.C. 4865 et seq.). 

20 (b) REQUIREMENTS.—The guidelines required by sub21 section (a) shall include the following: 

22 (1) Standardized notification to each chief of 

23 mission at a diplomatic post describing the require24 ments of the Secure Embassy Construction and 


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1 Counterterrorism Act of 1999 and the impact on the 

2 mission footprint of such requirements. 

3 (2) An assessment and recommendations from 

4 each chief of mission of potential impacts to public 

5 diplomacy programming at such diplomatic post if 

6 any public diplomacy facility referred to in sub7 section (a) is closed or staff is co-located in accord8 ance with such Act. 

9 (3) A process by which assessments and rec10 ommendations under paragraph (2) are considered by 

11 the Secretary of State and the appropriate Under 

12 Secretaries and Assistant Secretaries of the Depart13 ment. 

14 (4) Notification to the appropriate congressional 

15 committees, prior to the initiation of a new embassy 

16 compound or new consulate compound design, of the 

17 intent to close any such public diplomacy facility or 

18 co-locate public diplomacy staff in accordance with 

19 such Act. 

20 (c) REPORT.—Not later than one year after the date 

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

22 submit to the appropriate congressional committees a report 

23 containing the guidelines required under subsection (a) and 

24 any recommendations for any modifications to such guide25 lines. 


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1 SEC. 1607. DEFINITIONS. 

2 In this title: 

3 (1) AUDIENCE RESEARCH.—The term ‘‘audience 

4 research’’ means research conducted at the outset of a 

5 public diplomacy program or the outset of campaign 

6 planning and design regarding specific audience seg7 ments to understand the attitudes, interests, knowl8 edge, and behaviors of such audience segments. 

9 (2) DIGITAL ANALYTICS.—The term ‘‘digital 

10 analytics’’ means the analysis of qualitative and 

11 quantitative data, accumulated in digital format, to 

12 indicate the outputs and outcomes of a public diplo13 macy program or campaign. 

14 (3) IMPACT EVALUATION.—The term ‘‘impact 

15 evaluation’’ means an assessment of the changes in 

16 the audience targeted by a public diplomacy program 

17 or campaign that can be attributed to such program 

18 or campaign. 

19 (4) PUBLIC DIPLOMACY BUREAUS AND OF20 FICES.—The term ‘‘public diplomacy bureaus and of21 fices’’ means, with respect to the Department, the fol22 lowing: 

23 (A) The Bureau of Educational and Cul24 tural Affairs. 

25 (B) The Bureau of Global Public Affairs. 


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1 (C) The Office of Policy, Planning, and Re2 sources for Public Diplomacy and Public Affairs. 

3 (D) The Global Engagement Center. 

4 (E) The public diplomacy functions within 

5 the regional and functional bureaus. 

6 TITLE VII—COMBATING PUBLIC 

7 CORRUPTION 

8 SEC. 1701. SENSE OF CONGRESS. 

9 It is the sense of Congress that— 

10 (1) it is in the foreign policy interest of the 

11 United States to help foreign countries promote good 

12 governance and combat public corruption; 

13 (2) multiple Federal departments and agencies 

14 operate programs that promote good governance in 

15 foreign countries and enhance such countries’ ability 

16 to combat public corruption; and 

17 (3) the Department of State should— 

18 (A) promote coordination among the Fed19 eral departments and agencies implementing 

20 programs to promote good governance and com21 bat public corruption in foreign countries in 

22 order to improve effectiveness and efficiency; and 

23 (B) identify areas in which United States 

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1 ernance and combat public corruption could be 

2 enhanced. 

3 SEC. 1702. ANNUAL ASSESSMENT. 

4 (a) IN GENERAL.—For each of fiscal years 2022 

5 through 2027, the Secretary of State shall assess the capac6 ity and commitment of foreign governments to which the 

7 United States provides foreign assistance under the Foreign 

8 Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or the Arms 

9 Export Control Act (22 U.S.C. 2751 et seq.) to combat pub10 lic corruption. Each such assessment shall— 

11 (1) utilize independent, third party indicators 

12 that measure transparency, accountability, and cor13 ruption in the public sector in such countries, includ14 ing the extent to which public power is exercised for 

15 private gain, to identify those countries that are most 

16 vulnerable to public corruption; 

17 (2) consider, to the extent reliable information is 

18 available, whether the government of a country identi19 fied under paragraph (1)— 

20 (A) has adopted measures to prevent public 

21 corruption, such as measures to inform and edu22 cate the public, including potential victims, 

23 about the causes and consequences of public cor24 ruption; 


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1 (B) has enacted laws and established gov2 ernment structures, policies, and practices that 

3 prohibit public corruption; 

4 (C) enforces such laws through a fair judi5 cial process; 

6 (D) vigorously investigates, prosecutes, con7 victs, and sentences public officials who partici8 pate in or facilitate public corruption, including 

9 nationals of such country who are deployed in 

10 foreign military assignments, trade delegations 

11 abroad, or other similar missions who engage in 

12 or facilitate public corruption; 

13 (E) prescribes appropriate punishment for 

14 serious and significant corruption that is com15 mensurate with the punishment prescribed for se16 rious crimes; 

17 (F) prescribes appropriate punishment for 

18 significant corruption that provides a suffi19 ciently stringent deterrent and adequately re20 flects the nature of the offense; 

21 (G) convicts and sentences persons respon22 sible for such acts that take place wholly or part23 ly within the country of such government, in24 cluding, as appropriate, requiring the incarcer25 ation of individuals convicted of such acts; 


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1 (H) holds private sector representatives ac2 countable for their role in public corruption; and 

3 (I) addresses threats for civil society to 

4 monitor anti-corruption efforts; 

5 (3) further consider— 

6 (A) verifiable measures taken by the govern7 ment of a country identified under paragraph 

8 (1) to prohibit government officials from partici9 pating in, facilitating, or condoning public cor10 ruption, including the investigation, prosecution, 

11 and conviction of such officials; 

12 (B) the extent to which such government 

13 provides access, or, as appropriate, makes ade14 quate resources available, to civil society organi15 zations and other institutions to combat public 

16 corruption, including reporting, investigating, 

17 and monitoring; 

18 (C) the extent to which an independent ju19 diciary or judicial body in such country is re20 sponsible for, and effectively capable of, deciding 

21 public corruption cases impartially, on the basis 

22 of facts and in accordance with law, without any 

23 improper restrictions, influences, inducements, 

24 pressures, threats, or interferences, whether direct 

25 or indirect, from any source or for any reason; 


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1 (D) the extent to which such government co2 operates meaningfully with the United States to 

3 strengthen government and judicial institutions 

4 and the rule of law to prevent, prohibit, and 

5 punish public corruption; and 

6 (E) the extent to which such government— 

7 (i) is assisting in international inves8 tigations of transnational public corruption 

9 networks and in other cooperative efforts to 

10 combat serious, significant corruption, in11 cluding cooperating with the governments of 

12 other countries to extradite corrupt actors; 

13 (ii) recognizes the rights of victims of 

14 public corruption, ensures their access to 

15 justice, and takes steps to prevent such vic16 tims from being further victimized or per17 secuted by corrupt actors, government offi18 cials, or others; and 

19 (iii) refrains from prosecuting legiti20 mate victims of public corruption or whis21 tleblowers due to such persons having as22 sisted in exposing public corruption, and 

23 refrains from other discriminatory treat24 ment of such persons; and 


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1 (4) contain such other information relating to 

2 public corruption as the Secretary of State considers 

3 appropriate. 

4 (b) IDENTIFICATION.—After conducting each assess5 ment under subsection (a), the Secretary of State shall iden6 tify, of the countries described in subsection (a)(1)— 

7 (1) which countries are meeting minimum 

8 standards to combat public corruption; 

9 (2) which countries are not meeting such min10 imum standards but are making significant efforts to 

11 do so; and 

12 (3) which countries are not meeting such min13 imum standards and are not making significant ef14 forts to do so. 

15 (c) REPORT.—Except as provided in subsection (d), 

16 not later than 180 days after the date of the enactment of 

17 this Act and annually thereafter through fiscal year 2027, 

18 the Secretary of State shall submit to the appropriate con19 gressional committees, the Committee on Appropriations of 

20 the House of Representatives, and the Committee on Appro21 priations of the Senate a report, and make such report pub22 licly available, that— 

23 (1) identifies the countries described in sub24 section (a)(1) and paragraphs (2) and (3) of sub25 section (b); 


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1 (2) describes the methodology and data utilized 

2 in the assessments under subsection (a); and 

3 (3) identifies the reasons for the identifications 

4 referred to in paragraph (1). 

5 (d) BRIEFING IN LIEU OF REPORT.—The Secretary of 

6 State may waive the requirement to submit and make pub7 licly available a written report under subsection (c) if the 

8 Secretary— 

9 (1) determines that publication of such report 

10 would— 

11 (A) undermine existing United States anti12 corruption efforts in one or more countries; or 

13 (B) threaten the national interests of the 

14 United States; and 

15 (2) provides to the appropriate congressional 

16 committees a briefing that— 

17 (A) identifies the countries described in sub18 section (a)(1) and paragraphs (2) and (3) of 

19 subsection (b); 

20 (B) describes the methodology and data uti21 lized in the assessment under subsection (a); and 

22 (C) identifies the reasons for the identifica23 tions referred to in subparagraph (A). 


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1 SEC. 1703. TRANSPARENCY AND ACCOUNTABILITY. 

2 For each country identified under paragraphs (2) and 

3 (3) of section 1702(b), the Secretary of State, in coordina4 tion with the Administrator of the United States Agency 

5 for International Development, as appropriate, shall— 

6 (1) ensure that a corruption risk assessment and 

7 mitigation strategy is included in the integrated 

8 country strategy for such country; and 

9 (2) utilize appropriate mechanisms to combat 

10 corruption in such countries, including by ensuring— 

11 (A) the inclusion of anti-corruption clauses 

12 in contracts, grants, and cooperative agreements 

13 entered into by the Department of State or the 

14 United States Agency for International Develop15 ment for or in such countries, which allow for 

16 the termination of such contracts, grants, or co17 operative agreements, as the case may be, with18 out penalty if credible indicators of public cor19 ruption are discovered; 

20 (B) the inclusion of appropriate clawback 

21 or flowdown clauses within the procurement in22 struments of the Department of State and the 

23 United States Agency for International Develop24 ment that provide for the recovery of funds mis25 appropriated through corruption; 


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1 (C) the appropriate disclosure to the United 

2 States Government, in confidential form, if nec3 essary, of the beneficial ownership of contractors, 

4 subcontractors, grantees, cooperative agreement 

5 participants, and other organizations imple6 menting programs on behalf of the Department 

7 of State or the United States Agency for Inter8 national Development; and 

9 (D) the establishment of mechanisms for in10 vestigating allegations of misappropriated re11 sources and equipment. 

12 SEC. 1704. DESIGNATION OF EMBASSY ANTI-CORRUPTION 

13 POINTS OF CONTACT. 

14 (a) IN GENERAL.—The Secretary of State shall annu15 ally designate an anti-corruption point of contact at the 

16 United States diplomatic post to each country identified 

17 under paragraphs (2) and (3) of section 1702(b), or which 

18 the Secretary otherwise determines is in need of such a 

19 point of contact. The point of contact shall be the chief of 

20 mission or the chief of mission’s designee. 

21 (b) RESPONSIBILITIES.—Each anti-corruption point 

22 of contact designated under subsection (a) shall be respon23 sible for coordinating and overseeing the implementation of 

24 a whole-of-government approach among the relevant Fed25 eral departments and agencies operating programs that— 


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1 (1) promote good governance in foreign coun2 tries; and 

3 (2) enhance the ability of such countries to— 

4 (A) combat public corruption; and 

5 (B) develop and implement corruption risk 

6 assessment tools and mitigation strategies. 

7 (c) TRAINING.—The Secretary of State shall imple8 ment appropriate training for anti-corruption points of 

9 contact designated under subsection (a). 

10 TITLE VIII—OTHER MATTERS 

11 SEC. 1801. CASE-ZABLOCKI ACT REFORM. 

12 Section 112b of title 1, United States Code, is amend13 ed— 

14 (1) in subsection (a)— 

15 (A) in the first sentence, by striking ‘‘sixty’’ 

16 and inserting ‘‘30’’; and 

17 (B) in the second sentence, by striking 

18 ‘‘Committee on International Relations’’ and in19 serting ‘‘Committee on Foreign Affairs’’; and 

20 (2) by amending subsection (b) to read as fol21 lows: 

22 ‘‘(b) Each department or agency of the United States 

23 Government that enters into any international agreement 

24 described in subsection (a) on behalf of the United States, 


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1 shall designate a Chief International Agreements Officer, 

2 who— 

3 ‘‘(1) shall be a current employee of such depart4 ment or agency; 

5 ‘‘(2) shall serve concurrently as Chief Inter6 national Agreements Officer; and 

7 ‘‘(3) subject to the authority of the head of such 

8 department or agency, shall have department or agen9 cy-wide responsibility for efficient and appropriate 

10 compliance with subsection (a) to transmit the text of 

11 any international agreement to the Department of 

12 State expeditiously after such agreement has been 

13 signed.’’. 

14 SEC. 1802. LIMITATION ON ASSISTANCE TO COUNTRIES IN 

15 DEFAULT. 

16 Section 620(q) of the Foreign Assistance Act of 1961 

17 (22 U.S.C. 2370(q)) is amended— 

18 (1) by striking ‘‘No assistance’’ and inserting the 

19 following ‘‘(1) No assistance’’; 

20 (2) by inserting ‘‘the government of’’ before ‘‘any 

21 country’’; 

22 (3) by inserting ‘‘the government of’’ before ‘‘such 

23 country’’ each place it appears; 

24 (4) by striking ‘‘determines’’ and all that follows 

25 and inserting ‘‘determines, after consultation with the 


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1 Committee on Foreign Affairs and the Committee on 

2 Appropriations of the House of Representatives and 

3 the Committee on Foreign Relations and the Com4 mittee on Appropriations of the Senate, that assist5 ance for such country is in the national interest of the 

6 United States.’’; and 

7 (5) by adding at the end the following: 

8 ‘‘(2) No assistance shall be furnished under this Act, 

9 the Peace Corps Act, the Millennium Challenge Act of 2003, 

10 the African Development Foundation Act, the BUILD Act 

11 of 2018, section 504 of the FREEDOM Support Act, or sec12 tion 23 of the Arms Export Control Act to the government 

13 of any country which is in default during a period in excess 

14 of 1 calendar year in payment to the United States of prin15 cipal or interest or any loan made to the government of 

16 such country by the United States unless the President de17 termines, following consultation with the congressional com18 mittees specified in paragraph (1), that assistance for such 

19 country is in the national interest of the United States.’’. 

20 SEC. 1803. SEAN AND DAVID GOLDMAN CHILD ABDUCTION 

21 PREVENTION AND RETURN ACT OF 2014 

22 AMENDMENT. 

23 Subsection (b) of section 101 of the Sean and David 

24 Goldman International Child Abduction Prevention and 


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1 Return Act of 2014 (22 U.S.C. 9111; Public Law 113–150) 

2 is amended— 

3 (1) in paragraph (2)— 

4 (A) in subparagraph (A)— 

5 (i) by inserting ‘‘, respectively,’’ after 

6 ‘‘access cases’’; and 

7 (ii) by inserting ‘‘and the number of 

8 children involved’’ before the semicolon at 

9 the end; 

10 (B) in subparagraph (D), by inserting ‘‘re11 spectively, the number of children involved,’’ 

12 after ‘‘access cases,’’; 

13 (2) in paragraph (7), by inserting ‘‘, and num14 ber of children involved in such cases’’ before the 

15 semicolon at the end; 

16 (3) in paragraph (8), by striking ‘‘and’’ after the 

17 semicolon at the end; 

18 (4) in paragraph (9), by striking the period at 

19 the end and inserting ‘‘; and’’; and 

20 (5) by adding at the end the following new para21 graph: 

22 ‘‘(10) the total number of pending cases the De23 partment of State has assigned to case officers and 

24 number of children involved for each country and as 

25 a total for all countries.’’. 


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1 SEC. 1804. MODIFICATION OF AUTHORITIES OF COMMIS2 SION FOR THE PRESERVATION OF AMERICA’S 

3 HERITAGE ABROAD. 

4 (a) IN GENERAL.—Chapter 3123 of title 54, United 

5 States Code, is amended as follows: 

6 (1) In section 312302, by inserting ‘‘, and 

7 unimpeded access to those sites,’’ after ‘‘and historic 

8 buildings’’. 

9 (2) In section 312304(a)— 

10 (A) in paragraph (2)— 

11 (i) by striking ‘‘and historic buildings’’ 

12 and inserting ‘‘and historic buildings, and 

13 unimpeded access to those sites’’; and 

14 (ii) by striking ‘‘and protected’’ and 

15 inserting ‘‘, protected, and made accessible’’; 

16 and 

17 (B) in paragraph (3), by striking ‘‘and pro18 tecting’’ and inserting ‘‘, protecting, and making 

19 accessible’’. 

20 (3) In section 312305, by inserting ‘‘and to the 

21 Committee on Foreign Affairs of the House of Rep22 resentatives and the Committee on Foreign Relations 

23 of the Senate’’ after ‘‘President’’. 

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

25 of the enactment of this Act, the Commission for the Preser26 vation of America’s Heritage Abroad shall submit to the 


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146 

•HR 1157 RH

1 President and to the Committee on Foreign Affairs of the 

2 House of Representatives and the Committee on Foreign Re3 lations of the Senate a report that contains an evaluation 

4 of the extent to which the Commission is prepared to con5 tinue its activities and accomplishments with respect to the 

6 foreign heritage of United States citizens from eastern and 

7 central Europe, were the Commission’s duties and powers 

8 extended to include other regions, including the Middle East 

9 and North Africa, and any additional resources or per10 sonnel the Commission would require. 

11 SEC. 1805. CHIEF OF MISSION CONCURRENCE. 

12 In the course of providing concurrence to the exercise 

13 of the authority pursuant to section 127e of title 10, United 

14 State Code, or section 1202 of the National Defense Author15 ization Act for Fiscal Year 2018— 

16 (1) each relevant chief of mission shall inform 

17 and consult in a timely manner with relevant indi18 viduals at relevant missions or bureaus of the Depart19 ment of State; and 

20 (2) the Secretary of State shall take such steps 

21 as may be necessary to ensure that such relevant indi22 viduals have the security clearances necessary and ac23 cess to relevant compartmented and special programs 

24 to so consult in a timely manner with respect to such 

25 concurrence. 


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1 SEC. 1806. REPORT ON EFFORTS OF THE CORONAVIRUS RE2 PATRIATION TASK FORCE. 

3 Not later than 90 days after the date of the enactment 

4 of this Act, the Secretary of State shall submit to the appro5 priate congressional committees, the Committee on Armed 

6 Services of the House of Representatives, and the Committee 

7 on Armed Services of the Senate a report evaluating the 

8 efforts of the Coronavirus Repatriation Task Force of the 

9 Department of State to repatriate United States citizens 

10 and legal permanent residents in response to the 2020 

11 coronavirus outbreak. The report shall identify— 

12 (1) the most significant impediments to repa13 triating such persons; 

14 (2) the lessons learned from such repatriations; 

15 and 

16 (3) any changes planned to future repatriation 

17 efforts of the Department of State to incorporate such 

18 lessons learned. 


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Union Calendar No. 18 

117TH CONGRESS 

1ST SESSION H. R. 1157 

[Report No. 117–33] 

A BILL 

To provide for certain authorities of the 

Department of State, and for other purposes. 

MAY 13, 2021 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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