IIB 

116TH CONGRESS 

1ST SESSION H. R. 3352 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 9, 2019 

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

AN ACT 

To provide for certain authorities of the Department of 

State, and for other purposes. 

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


kjohnson on DSK79L0C42 with BILLS
2 

HR 3352 RFS

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Department of State Authorization Act of 2019’’. 

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

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—ORGANIZATION AND OPERATIONS OF THE 

DEPARTMENT OF STATE 

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

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

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

Affairs. 

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

Sec. 105. Office of International Disability Rights. 

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

Sec. 107. Special appointments. 

Sec. 108. Anti-piracy information sharing. 

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

Sec. 110. Classification and assignment of Foreign Service officers. 

Sec. 111. Energy diplomacy and security within the Department of State. 

Sec. 112. Passport fees. 

Sec. 113. United States diplomacy center. 

Sec. 114. 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. 115. Art in embassies. 

Sec. 116. Amendment or repeal of reporting requirements. 

Sec. 117. Reporting on implementation of GAO recommendations. 

Sec. 118. Office of Global Criminal Justice. 

TITLE II—EMBASSY CONSTRUCTION 

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

Sec. 202. Standard design in capital construction. 

Sec. 203. Capital construction transparency. 

Sec. 204. Contractor performance information. 

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

Sec. 206. Long-range planning process. 

Sec. 207. Value engineering and risk assessment. 

Sec. 208. Business volume. 

Sec. 209. Embassy security requests and deficiencies. 

Sec. 210. Overseas security briefings. 

Sec. 211. Contracting methods in capital construction. 

Sec. 212. Competition in embassy construction. 

Sec. 213. Statement of policy. 

Sec. 214. Definitions. 


kjohnson on DSK79L0C42 with BILLS
3 

HR 3352 RFS

TITLE III—PERSONNEL ISSUES 

Sec. 301. Defense Base Act insurance waivers. 

Sec. 302. Study on Foreign Service allowances. 

Sec. 303. Science and technology fellowships. 

Sec. 304. Travel for separated families. 

Sec. 305. Home leave travel for separated families. 

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

Sec. 307. Technical correction. 

Sec. 308. Foreign Service awards. 

Sec. 309. Diplomatic programs. 

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

of State. 

Sec. 311. Employee assignment restrictions and preclusions. 

Sec. 312. Recall and reemployment of career members. 

Sec. 313. Strategic staffing plan for the Department. 

Sec. 314. Consulting services. 

Sec. 315. Incentives for critical posts. 

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

Sec. 317. Foreign service suspension without pay. 

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

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

positions. 

Sec. 320. Standardizing Department parental leave policies. 

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

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

TITLE IV—A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, 

AND PROMOTION 

Sec. 401. Definitions. 

Sec. 402. Collection, analysis, and dissemination of workforce data. 

Sec. 403. Exit interviews for workforce. 

Sec. 404. Recruitment and retention. 

Sec. 405. Leadership engagement and accountability. 

Sec. 406. Professional development opportunities and tools. 

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

Sec. 408. Payne fellowship authorization. 

Sec. 409. Voluntary participation. 

TITLE V—INFORMATION SECURITY 

Sec. 501. Definitions. 

Sec. 502. Information system security. 

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

Sec. 504. Preserving records of electronic communications conducted related to 

official duties of positions in the public trust of the American 

people. 

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

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

TITLE VI—PUBLIC DIPLOMACY 

Sec. 601. Short title. 

Sec. 602. Avoiding duplication of programs and efforts. 


kjohnson on DSK79L0C42 with BILLS
4 

HR 3352 RFS

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

Sec. 604. Permanent reauthorization of the United States Advisory Commission 

on Public Diplomacy. 

Sec. 605. Streamlining of support functions. 

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

Sec. 607. Definitions. 

TITLE VII—COMBATING PUBLIC CORRUPTION 

Sec. 701. Sense of Congress. 

Sec. 702. Annual assessment. 

Sec. 703. Transparency and accountability. 

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

Sec. 705. Reporting requirements. 

Sec. 706. Foreign investments and national security. 

TITLE VIII—MATTERS RELATING TO INTERNATIONAL SECURITY 

Sec. 801. Short title. 

Sec. 802. Security assistance defined. 

Subtitle A—Reform Relating to Security Assistance 

Sec. 811. Organizational reform. 

Sec. 812. Workforce development. 

Sec. 813. Security assistance planning. 

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

Sec. 815. Rule of construction. 

Subtitle B—Foreign Military Assistance 

Sec. 821. Strategic allocation of excess defense articles. 

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

States are authorized. 

Sec. 823. Return of defense articles. 

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

Sec. 825. Amendment to general provisions. 

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

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

Sec. 828. Extension of war reserve stockpile authority. 

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

Sec. 830. Other amendments to military assistance authorities. 

Sec. 831. Repeal of reports. 

Sec. 832. Defense trade controls registration fees. 

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

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

Subtitle C—Studies on Authorities and Programs 

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

Enforcement Affairs. 

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


kjohnson on DSK79L0C42 with BILLS
5 

HR 3352 RFS

TITLE IX—MISCELLANEOUS 

Sec. 901. Case-Zablocki Act reform. 

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

Sec. 903. Prohibition on assistance to governments supporting international 

terrorism. 

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

Sec. 905. Sean and David Goldman Child Abduction Prevention and Return 

Act of 2014 amendment. 

Sec. 906. Modification of authorities of Commission for the Preservation of 

America’s Heritage Abroad. 

TITLE X—BUDGETARY EFFECTS 

Sec. 1001. Determination of budgetary effects. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—Unless otherwise specified, the term ‘‘appro5 priate congressional committees’’ means— 

6 (A) the Committee on Foreign Relations of 

7 the Senate; 

8 (B) the Committee on Appropriations of 

9 the Senate; 

10 (C) the Committee on Foreign Affairs of 

11 the House of Representatives; and 

12 (D) the Committee on Appropriations of 

13 the House of Representatives. 

14 (2) DEPARTMENT.—Unless otherwise specified, 

15 the term ‘‘Department’’ means the Department of 

16 State. 

17 (3) SECRETARY.—Unless otherwise specified, 

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


kjohnson on DSK79L0C42 with BILLS
6 

HR 3352 RFS

1 TITLE I—ORGANIZATION AND 

2 OPERATIONS OF THE DE3 PARTMENT OF STATE 

4 SEC. 101. SENSE OF CONGRESS ON IMPORTANCE OF DE5 PARTMENT OF STATE’S WORK. 

6 It is the sense of Congress that— 

7 (1) United States global engagement is key to 

8 a stable and prosperous world; 

9 (2) United States leadership is indispensable in 

10 light of the many complex and interconnected 

11 threats facing the United States and the world; 

12 (3) diplomacy and development are critical tools 

13 of national power, and full deployment of these tools 

14 is vital to United States national security; 

15 (4) challenges such as the global refugee and 

16 migration crises, terrorism, historic famine and food 

17 insecurity, and fragile or repressive societies cannot 

18 be addressed without sustained and robust United 

19 States diplomatic and development leadership; 

20 (5) the United States Government must use all 

21 of the instruments of national security and foreign 

22 policy at its disposal to protect United States citi23 zens, promote United States interests and values, 

24 and support global stability and prosperity; 


kjohnson on DSK79L0C42 with BILLS
7 

HR 3352 RFS

1 (6) United States security and prosperity de2 pend on having partners and allies that share our in3 terests and values, and these partnerships are nur4 tured and our shared interests and values are pro5 moted through United States diplomatic engage6 ment, security cooperation, economic statecraft, and 

7 assistance that helps further economic development, 

8 good governance, including the rule of law and 

9 democratic institutions, and the development of 

10 shared responses to natural and humanitarian disas11 ters; 

12 (7) as the United States Government agencies 

13 primarily charged with conducting diplomacy and 

14 development, the Department and the United States 

15 Agency for International Development (USAID) re16 quire sustained and robust funding to carry out this 

17 important work, which is essential to our ability to 

18 project United States leadership and values and to 

19 advance the United States interests around the 

20 world; 

21 (8) the work of the Department and USAID 

22 makes the United States and the world safer and 

23 more prosperous by alleviating global poverty and 

24 hunger, fighting HIV/AIDS and other infectious dis25 eases, strengthening alliances, expanding educational 


kjohnson on DSK79L0C42 with BILLS
8 

HR 3352 RFS

1 opportunities for women and girls, promoting good 

2 governance and democracy, supporting anti-corrup3 tion efforts, driving economic development and 

4 trade, preventing armed conflicts and humanitarian 

5 crises, and creating American jobs and export oppor6 tunities; 

7 (9) the Department and USAID are vital na8 tional security agencies, whose work is critical to the 

9 projection of United States power and leadership 

10 worldwide, and without which Americans would be 

11 less safe, our economic power would be diminished, 

12 and global stability and prosperity would suffer; 

13 (10) investing in diplomacy and development 

14 before conflicts break out saves American lives while 

15 also being cost-effective; and 

16 (11) the contributions of personnel working at 

17 the Department and USAID are extraordinarily val18 uable and allow the United States to maintain its 

19 leadership around the world. 

20 SEC. 102. BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND 

21 LABOR. 

22 Paragraph (2) of section 1(c) of the State Depart23 ment Basic Authorities Act of 1956 (22 U.S.C. 2651a) 

24 is amended— 


kjohnson on DSK79L0C42 with BILLS
9 

HR 3352 RFS

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

2 the following new sentence: ‘‘All special envoys, am3 bassadors, and coordinators located within the Bu4 reau of Democracy, Human Rights, and Labor shall 

5 report directly to the Assistant Secretary.’’; 

6 (2) in subparagraph (B)(ii)— 

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

8 ‘‘sections 116 and’’; and 

9 (B) by inserting before the period at the 

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

11 the annual ‘Country Reports on Human Rights 

12 Practices’)’’; and 

13 (3) by adding at the end the following new sub14 paragraphs: 

15 ‘‘(C) AUTHORITIES.—In addition to the duties, 

16 functions, and responsibilities specified in this para17 graph, the Assistant Secretary of State for Democ18 racy, Human Rights, and Labor is authorized to— 

19 ‘‘(i) promote democracy and actively sup20 port human rights throughout the world; 

21 ‘‘(ii) promote the rule of law and good gov22 ernance throughout the world; 

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

24 civil society representatives, programs, and or25 ganizations, and facilitate their ability to enVerDate Sep 11 2014 22:44 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3352.RFS H3352

kjohnson on DSK79L0C42 with BILLS
10 

HR 3352 RFS

1 gage in dialogue with governments and other 

2 civil society entities; 

3 ‘‘(iv) work with regional bureaus to ensure 

4 adequate personnel at diplomatic posts are as5 signed responsibilities relating to advancing de6 mocracy, human rights, labor rights, women’s 

7 equal participation in society, and the rule of 

8 law, with particular attention paid to adequate 

9 oversight and engagement on such issues by 

10 senior officials at such posts; 

11 ‘‘(v) review and, as appropriate, make rec12 ommendations to the Secretary of State regard13 ing the proposed transfer of— 

14 ‘‘(I) defense articles and defense serv15 ices authorized under the Foreign Assist16 ance Act of 1961 (22 U.S.C. 2151 et seq.) 

17 or the Arms Export Control Act (22 

18 U.S.C. 2751 et seq.); and 

19 ‘‘(II) military items listed on the ‘600 

20 series’ of the Commerce Control List con21 tained in Supplement No. 1 to part 774 of 

22 subtitle B of title 15, Code of Federal Reg23 ulations; 


kjohnson on DSK79L0C42 with BILLS
11 

HR 3352 RFS

1 ‘‘(vi) coordinate programs and activities 

2 that protect and advance the exercise of human 

3 rights and internet freedom in cyberspace; and 

4 ‘‘(vii) implement other relevant policies and 

5 provisions of law. 

6 ‘‘(D) EFFICIENCY.—The Assistant Secretary 

7 for Democracy, Human Rights, and Labor shall take 

8 whatever actions may be necessary to minimize the 

9 duplication of efforts within the Bureau of Democ10 racy, Human Rights, and Labor. 

11 ‘‘(E) LOCAL OVERSIGHT.—United States mis12 sions, to the extent practicable, should assist in exer13 cising oversight authority and coordinate with the 

14 Bureau of Democracy, Human Rights, and Labor to 

15 ensure that funds are appropriately used and comply 

16 with anti-corruption practices.’’. 

17 SEC. 103. ASSISTANT SECRETARY FOR INTERNATIONAL 

18 NARCOTICS AND LAW ENFORCEMENT AF19 FAIRS. 

20 (a) IN GENERAL.—Section 1(c) of the State Depart21 ment Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)) 

22 is amended— 

23 (1) by redesignating paragraph (3) as para24 graph (4); and 


kjohnson on DSK79L0C42 with BILLS
12 

HR 3352 RFS

1 (2) by inserting after paragraph (2) the fol2 lowing new paragraph: 

3 ‘‘(3) ASSISTANT SECRETARY FOR INTER4 NATIONAL NARCOTICS AND LAW ENFORCEMENT AF5 FAIRS.— 

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

7 be in the Department of State an Assistant 

8 Secretary for International Narcotics and Law 

9 Enforcement Affairs, who shall be responsible 

10 to the Secretary of State for all matters, pro11 grams, and related activities pertaining to inter12 national narcotics, anti-crime, and law enforce13 ment affairs in the conduct of foreign policy by 

14 the Department, including, as appropriate, lead15 ing the coordination of programs carried out by 

16 United States Government agencies abroad, and 

17 such other related duties as the Secretary may 

18 from time to time designate. 

19 ‘‘(B) AREAS OF RESPONSIBILITY.—The 

20 Assistant Secretary for International Narcotics 

21 and Law Enforcement Affairs shall maintain 

22 continuous observation and coordination of all 

23 matters pertaining to international narcotics, 

24 anti-crime, and law enforcement affairs in the 

25 conduct of foreign policy, including programs 


kjohnson on DSK79L0C42 with BILLS
13 

HR 3352 RFS

1 carried out by other United States Government 

2 agencies when such programs pertain to the fol3 lowing matters: 

4 ‘‘(i) Combating international narcotics 

5 production and trafficking. 

6 ‘‘(ii) Strengthening foreign justice sys7 tems, including judicial and prosecutorial 

8 capacity, appeals systems, law enforcement 

9 agencies, prison systems, and the sharing 

10 of recovered assets. 

11 ‘‘(iii) Training and equipping foreign 

12 police, border control, other government of13 ficials, and other civilian law enforcement 

14 authorities for anti-crime purposes, includ15 ing ensuring that no foreign security unit 

16 or member of such unit shall receive such 

17 assistance from the United States Govern18 ment absent appropriate vetting. 

19 ‘‘(iv) Ensuring the inclusion of human 

20 rights and women’s participation issues in 

21 law enforcement programs, in consultation 

22 with the Assistant Secretary for Democ23 racy, Human Rights, and Labor, and other 

24 senior officials in regional and thematic 

25 bureaus and offices. 


kjohnson on DSK79L0C42 with BILLS
14 

HR 3352 RFS

1 ‘‘(v) Combating, in conjunction with 

2 other relevant bureaus of the Department, 

3 all forms of transnational organized crime, 

4 including illicit trafficking in human 

5 beings, arms, wildlife, and cultural prop6 erty, migrant smuggling, corruption, 

7 money laundering, the illicit smuggling of 

8 bulk cash, the licit use of financial systems 

9 for malign purposes, and other new and 

10 emerging forms of crime. 

11 ‘‘(vi) Identifying and responding to 

12 global corruption, including strengthening 

13 the capacity of foreign government institu14 tions responsible for addressing financial 

15 crimes and engaging with multilateral or16 ganizations responsible for monitoring and 

17 supporting foreign governments’ anti-cor18 ruption efforts. 

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

20 the responsibilities specified in subparagraph 

21 (B), the Assistant Secretary for International 

22 Narcotics and Law Enforcement Affairs shall 

23 also— 

24 ‘‘(i) carry out timely and substantive 

25 consultation with chiefs of mission and, as 


kjohnson on DSK79L0C42 with BILLS
15 

HR 3352 RFS

1 appropriate, the heads of other United 

2 States Government agencies to ensure ef3 fective coordination of all international 

4 narcotics and law enforcement programs 

5 carried out overseas by the Department 

6 and such other agencies; 

7 ‘‘(ii) coordinate with the Office of Na8 tional Drug Control Policy to ensure les9 sons learned from other United States 

10 Government agencies are available to the 

11 Bureau of International Narcotics and 

12 Law Enforcement Affairs of the Depart13 ment; 

14 ‘‘(iii) develop standard requirements 

15 for monitoring and evaluation of Bureau 

16 programs, including metrics for success 

17 that do not rely solely on the amounts of 

18 illegal drugs that are produced or seized; 

19 ‘‘(iv) in coordination with the Sec20 retary of State, annually certify in writing 

21 to the Committee on Foreign Affairs of the 

22 House of Representatives and the Com23 mittee on Foreign Relations of the Senate 

24 that United States law enforcement per25 sonnel posted abroad whose activities are 


kjohnson on DSK79L0C42 with BILLS
16 

HR 3352 RFS

1 funded to any extent by the Bureau of 

2 International Narcotics and Law Enforce3 ment Affairs are complying with section 

4 207 of the Foreign Service Act of 1980 

5 (22 U.S.C. 3927); and 

6 ‘‘(v) carry out such other relevant du7 ties as the Secretary may assign.’’. 

8 (b) MODIFICATION OF ANNUAL INTERNATIONAL

9 NARCOTICS CONTROL STRATEGY REPORT.—Subsection 

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

11 (22 U.S.C. 2291h) is amended by inserting after para12 graph (8) the following new paragraph: 

13 ‘‘(9) A separate section that contains an identi14 fication of all United States Government-supported 

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

18 United States law enforcement personnel have been 

19 physically present.’’. 

20 SEC. 104. BUREAU OF CONSULAR AFFAIRS; BUREAU OF 

21 POPULATION, REFUGEES, AND MIGRATION. 

22 Section 1 of the State Department Basic Authorities 

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

24 (1) by redesignating subsection (g) as sub25 section (i); and 


kjohnson on DSK79L0C42 with BILLS
17 

HR 3352 RFS

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

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

4 the Department of State the Bureau of Consular Affairs, 

5 which shall be headed by the Assistant Secretary of State 

6 for Consular Affairs. 

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

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

12 SEC. 105. OFFICE OF INTERNATIONAL DISABILITY RIGHTS. 

13 (a) ESTABLISHMENT.—There should be established 

14 in the Department an Office of International Disability 

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

16 (b) DUTIES.—The Office should— 

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

19 persons with disabilities; 

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

22 persons with disabilities; 

23 (3) promote disability inclusive practices and 

24 the training of Department staff on soliciting quality 


kjohnson on DSK79L0C42 with BILLS
18 

HR 3352 RFS

1 programs that are fully inclusive of people with dis2 abilities; 

3 (4) represent the United States in diplomatic 

4 and multilateral fora on matters relevant to the 

5 rights of persons with disabilities, and work to raise 

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

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

11 disability rights and empower persons with disabil12 ities internationally; 

13 (6) consult with other relevant offices at the 

14 Department that are responsible for drafting annual 

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

17 of discrimination, prejudice, or abuses of persons 

18 with disabilities; and 

19 (7) advise the Bureau of Human Resources De20 velopment of the Department regarding the hiring 

21 and recruitment and overseas practices of civil serv22 ice employees and Foreign Service officers with dis23 abilities and their family members with chronic med24 ical conditions or disabilities. 

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


kjohnson on DSK79L0C42 with BILLS
19 

HR 3352 RFS

1 (1) a senior advisor to the appropriate Assist2 ant Secretary; or 

3 (2) an officer exercising significant authority 

4 who reports to the President or Secretary, appointed 

5 by and with the advice and consent of the Senate. 

6 (d) CONSULTATION.—The Secretary should direct 

7 Ambassadors at Large, Representatives, Special Envoys, 

8 and coordinators working on human rights to consult with 

9 the Office to promote the human rights and full participa10 tion in international development activities of all persons 

11 with disabilities. 

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

13 (a) IN GENERAL.—There should be established an 

14 Office of Global Women’s Issues (referred to in this sec15 tion as the ‘‘Office’’), which may be placed within the or16 ganizational structure of the Department at the discretion 

17 of the Secretary. 

18 (b) PURPOSE.—The Office should coordinate efforts 

19 of the United States Government, as directed by the Sec20 retary, regarding gender equality and advancing the status 

21 of women and girls in United States foreign policy. 

22 (c) DUTIES.—The Office should— 

23 (1) serve as the principal advisor to the Sec24 retary regarding gender equality, women’s and girls’ 


kjohnson on DSK79L0C42 with BILLS
20 

HR 3352 RFS

1 empowerment, and violence against women and girls 

2 as a priority of United States foreign policy; 

3 (2) represent the United States in diplomatic 

4 and multilateral fora on matters relevant to the sta5 tus of women and girls; 

6 (3) advise the Secretary and provide input on 

7 all activities, policies, programs, and funding relat8 ing to gender equality and the advancement of 

9 women and girls internationally for all bureaus and 

10 offices of the Department and in the international 

11 programs of all other Federal agencies; 

12 (4) work to ensure that efforts to advance gen13 der equality and women’s and girls’ empowerment 

14 are fully integrated into the programs, structures, 

15 processes, and capacities of all bureaus and offices 

16 of the Department and in the international pro17 grams of other Federal agencies; and 

18 (5) conduct regular consultation with civil soci19 ety organizations working to advance gender equality 

20 and empower women and girls internationally. 

21 (d) SUPERVISION.—The Office should be headed by 

22 an Ambassador-at-large for Global Women’s Issues. 

23 (e) REPORT.—Not later than 180 days after the date 

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


kjohnson on DSK79L0C42 with BILLS
21 

HR 3352 RFS

1 to the appropriate congressional committees a report or 

2 briefing regarding this section. 

3 SEC. 107. SPECIAL APPOINTMENTS. 

4 (a) REPORT ON POSITIONS.—Not later than 30 days 

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

6 shall submit to the appropriate congressional committees 

7 a report that includes the following: 

8 (1) A description of the duties, responsibilities, 

9 and number of staff of each existing Special Envoy, 

10 Special Representative, Special Coordinator, Special 

11 Negotiator, Envoy, Representative, Coordinator, 

12 Special Advisor, and other similar position at the 

13 Department. 

14 (2) Recommendations regarding whether to 

15 maintain in the Department each such position, in16 cluding those listed in the report submitted by the 

17 Secretary to the Committee on Foreign Relations of 

18 the Senate on April 14, 2017, pursuant to section 

19 418 of the Department of State Authorities Act, 

20 Fiscal Year 2017 (Public Law 114–323), that are 

21 not expressly authorized by a provision of law en22 acted by Congress. 

23 (3) Justifications supporting each of the Sec24 retary’s recommendations under paragraph (2). 


kjohnson on DSK79L0C42 with BILLS
22 

HR 3352 RFS

1 (b) ADVICE AND CONSENT.—Not later than 90 days 

2 after the submission of the report required under sub3 section (a), the President shall submit the name of each 

4 Special Envoy, Special Representative, Special Coordi5 nator, Special Negotiator, Envoy, Representative, Coordi6 nator, Special Advisor, or other person occupying a similar 

7 position at the Department exercising significant author8 ity pursuant to the laws of the United States that is not 

9 expressly authorized by a provision of law enacted by Con10 gress who is included in such report to the Committee on 

11 Foreign Relations of the Senate to seek the advice and 

12 consent of the Senate. 

13 (c) RULE OF CONSTRUCTION REGARDING ESTAB14 LISHMENT OF POSITIONS.—Nothing in this section may 

15 be construed as prohibiting the establishment or mainte16 nance of any Special Envoy, Special Representative, Spe17 cial Coordinator, Special Negotiator, Envoy, Representa18 tive, Coordinator, Special Advisor, or other similar posi19 tion at the Department exercising significant authority 

20 pursuant to the laws of the United States if the name of 

21 the appointee for each such position is submitted to the 

22 Committee on Foreign Relations of the Senate, to seek 

23 the advice and consent of the Senate, not later than 90 

24 days after each such appointment. 


kjohnson on DSK79L0C42 with BILLS
23 

HR 3352 RFS

1 (d) LIMITED EXCEPTION FOR TEMPORARY APPOINT2 MENTS.—The Secretary may maintain or establish a posi3 tion with the title of Special Envoy, Special Representa4 tive, Special Coordinator, Special Negotiator, Special Ad5 visor, or a similar position not exercising significant au6 thority pursuant to the laws of the United States for not 

7 longer than 180 days if the Secretary, not later than 15 

8 days before the appointment of a person to such a posi9 tion, submits to the appropriate congressional committees 

10 a notification that includes the following: 

11 (1) A certification that the position is not ex12 pected to demand the exercise of significant author13 ity pursuant to the laws of the United States. 

14 (2) A description of the duties and purpose of 

15 the position. 

16 (3) The rationale for giving the specific title to 

17 the position. 

18 (e) RENEWAL OF TEMPORARY APPOINTMENT.— 

19 Nothing in this section may be construed as prohibiting 

20 the Secretary from renewing for a period not to exceed 

21 180 days any position maintained or established under 

22 subsection (d) if the Secretary complies with the notifica23 tion requirements contained in such subsection. 

24 (f) FUNDING RESTRICTIONS.— 


kjohnson on DSK79L0C42 with BILLS
24 

HR 3352 RFS

1 (1) POSITIONS NOT SUBMITTED FOR ADVICE

2 AND CONSENT.—No funds may be authorized to be 

3 appropriated for— 

4 (A) any Special Envoy, Special Represent5 ative, Special Coordinator, Special Negotiator, 

6 Envoy, Representative, Coordinator, Special 

7 Advisor, or other similar position at the Depart8 ment exercising significant authority pursuant 

9 to the laws of the United States if the name of 

10 the person appointed to such position has not 

11 been submitted to the Committee on Foreign 

12 Relations of the Senate for the advice and con13 sent of the Senate in accordance with sub14 section (b); or 

15 (B) any staff or resources related to such 

16 a position until the person appointed to such 

17 position has been submitted to the Committee 

18 on Foreign Relations of the Senate for the ad19 vice and consent of the Senate. 

20 (2) TEMPORARY POSITIONS.—No funds may be 

21 authorized to be appropriated for any position de22 scribed in subsection (d) or for any staff or re23 sources related to such position unless the Secretary 

24 has complied with the notification requirements 

25 under such subsection. 


kjohnson on DSK79L0C42 with BILLS
25 

HR 3352 RFS

1 (3) FISCAL YEAR 2020.—The restrictions de2 scribed in this subsection shall not apply in fiscal 

3 year 2020 to positions or associated staff and re4 sources for which funding is expressly appropriated 

5 for such fiscal year in an Act of Congress. 

6 (g) CONFIRMATION FOR AUTHORIZED POSITIONS.— 

7 (1) IN GENERAL.—No Special Envoy, Special 

8 Representative, Special Coordinator, Special Nego9 tiator, Envoy, Representative, Coordinator, Special 

10 Advisor, or other similar position at the Department 

11 exercising significant authority pursuant to the laws 

12 of the United States that is authorized by an Act of 

13 Congress (except the position authorized by section 

14 621 of the Tibetan Policy Act of 2002 (subtitle B 

15 of title VI of Public Law 107–228; 22 U.S.C. 6901 

16 note)) may be appointed without the advice and con17 sent of the Senate. 

18 (2) FISCAL YEAR 2020.—The restriction de19 scribed in paragraph (1) shall not apply in fiscal 

20 year 2020 to positions or associated staff and re21 sources for which funding is expressly appropriated 

22 for such fiscal year in an Act of Congress. 

23 (h) ELIMINATION OF SPECIAL REPRESENTATIVE

24 AND POLICY COORDINATOR FOR BURMA.— 

25 (1) FINDINGS.—Congress finds the following: 


kjohnson on DSK79L0C42 with BILLS
26 

HR 3352 RFS

1 (A) Congress established the Special Rep2 resentative and Policy Coordinator for Burma 

3 in July 2008 at a time when the United States 

4 did not maintain full diplomatic relations with 

5 Burma and had not appointed an Ambassador 

6 to Burma in 18 years. 

7 (B) In 2012, the United States re-estab8 lished full diplomatic relations with Burma and 

9 appointed a United States Ambassador to 

10 Burma who, along with the Secretary of State, 

11 Assistant Secretary of State for East Asia and 

12 the Pacific, and other United States Govern13 ment officials, represents the United States’ in14 terests in Burma. 

15 (2) REPEAL.—Section 7 of the Tom Lantos 

16 Block Burmese Jade (Junta’s Anti-Democratic Ef17 forts) Act of 2008 (Public Law 110–286; 50 U.S.C. 

18 1701 note; relating to the establishment of a Special 

19 Representative and Policy Coordinator for Burma) is 

20 hereby repealed. 

21 SEC. 108. ANTI-PIRACY INFORMATION SHARING. 

22 The Secretary is authorized to provide for the partici23 pation by the United States in the Information Sharing 

24 Centre located in Singapore, as established by the ReVerDate Sep 11 2014 22:44 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H3352.RFS H3352

kjohnson on DSK79L0C42 with BILLS
27 

HR 3352 RFS

1 gional Cooperation Agreement on Combating Piracy and 

2 Armed Robbery against Ships in Asia (ReCAAP). 

3 SEC. 109. IMPORTANCE OF FOREIGN AFFAIRS TRAINING TO 

4 NATIONAL SECURITY. 

5 It is the sense of Congress that— 

6 (1) the Department is a crucial national secu7 rity agency, whose employees, both Foreign and Civil 

8 Service, require the best possible training at every 

9 stage of their careers to prepare them to promote 

10 and defend United States national interests and the 

11 health and safety of United States citizens abroad; 

12 (2) the Secretary should explore establishing a 

13 ‘‘training float’’ requiring that a certain percentage 

14 of the Foreign Service shall be in long-term training 

15 at any given time; 

16 (3) the Department’s Foreign Service Institute 

17 should seek to substantially increase its educational 

18 and training offerings to Department personnel, in19 cluding developing new and innovative educational 

20 and training courses, methods, programs, and oppor21 tunities; and 

22 (4) consistent with existing Department gift ac23 ceptance authority and other applicable laws, the 

24 Department and Foreign Service Institute should 

25 seek and accept funds and other resources from 


kjohnson on DSK79L0C42 with BILLS
28 

HR 3352 RFS

1 foundations, not-for-profit corporations, and other 

2 appropriate sources to help the Department and the 

3 Institute accomplish the goals specified in paragraph 

4 (3). 

5 SEC. 110. CLASSIFICATION AND ASSIGNMENT OF FOREIGN 

6 SERVICE OFFICERS. 

7 The Foreign Service Act of 1980 is amended— 

8 (1) in section 501 (22 U.S.C. 3981), by insert9 ing ‘‘If a position designated under this section is 

10 unfilled for more than 365 calendar days, such posi11 tion may be filled, as appropriate, on a temporary 

12 basis, in accordance with section 309.’’ after ‘‘Posi13 tions designated under this section are excepted 

14 from the competitive service.’’; and 

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

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

17 a position working on issues relating to a particular 

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

19 area’’. 

20 SEC. 111. ENERGY DIPLOMACY AND SECURITY WITHIN THE 

21 DEPARTMENT OF STATE. 

22 (a) IN GENERAL.—Subsection (c) of section 1 of the 

23 State Department Basic Authorities Act of 1956 (22 

24 U.S.C. 2651a), as amended by section 103 of this Act, 

25 is further amended— 


kjohnson on DSK79L0C42 with BILLS
29 

HR 3352 RFS

1 (1) by redesignating paragraph (4) (as redesig2 nated pursuant to such section 103) as paragraph 

3 (5); and 

4 (2) by inserting after paragraph (3) the fol5 lowing new paragraph: 

6 ‘‘(4) ENERGY RESOURCES.— 

7 ‘‘(A) AUTHORIZATION FOR ASSISTANT SEC8 RETARY.—Subject to the numerical limitation 

9 specified in paragraph (1), there is authorized 

10 to be established in the Department of State an 

11 Assistant Secretary of State for Energy Re12 sources. 

13 ‘‘(B) PERSONNEL.—The Secretary of 

14 State shall ensure that there are sufficient per15 sonnel dedicated to energy matters within the 

16 Department of State whose responsibilities shall 

17 include— 

18 ‘‘(i) formulating and implementing 

19 international policies aimed at protecting 

20 and advancing United States energy secu21 rity interests by effectively managing 

22 United States bilateral and multilateral re23 lations; 

24 ‘‘(ii) ensuring that analyses of the na25 tional security implications of global enVerDate Sep 11 2014 22:44 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H3352.RFS H3352

kjohnson on DSK79L0C42 with BILLS
30 

HR 3352 RFS

1 ergy and environmental developments are 

2 reflected in the decision making process 

3 within the Department; 

4 ‘‘(iii) incorporating energy security 

5 priorities into the activities of the Depart6 ment; 

7 ‘‘(iv) coordinating energy activities of 

8 the Department with relevant Federal de9 partments and agencies; and 

10 ‘‘(v) working internationally to— 

11 ‘‘(I) support the development of 

12 energy resources and the distribution 

13 of such resources for the benefit of 

14 the United States and United States 

15 allies and trading partners for their 

16 energy security and economic develop17 ment needs; 

18 ‘‘(II) promote availability of di19 versified energy supplies and a well20 functioning global market for energy 

21 resources, technologies, and expertise 

22 for the benefit of the United States 

23 and United States allies and trading 

24 partners; 


kjohnson on DSK79L0C42 with BILLS
31 

HR 3352 RFS

1 ‘‘(III) resolve international dis2 putes regarding the exploration, devel3 opment, production, or distribution of 

4 energy resources; 

5 ‘‘(IV) support the economic and 

6 commercial interests of United States 

7 persons operating in the energy mar8 kets of foreign countries; 

9 ‘‘(V) support and coordinate 

10 international efforts to alleviate en11 ergy poverty; 

12 ‘‘(VI) leading the United States 

13 commitment to the Extractive Indus14 tries Transparency Initiative; 

15 ‘‘(VII) coordinating within the 

16 Department and with relevant Federal 

17 departments and agencies on devel18 oping and implementing international 

19 energy-related sanctions; and 

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

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


kjohnson on DSK79L0C42 with BILLS
32 

HR 3352 RFS

1 ‘‘(bb) the Bureau of Oceans 

2 and International Environmental 

3 and Scientific Affairs; and 

4 ‘‘(cc) other offices within the 

5 Department of State.’’. 

6 (b) CONFORMING AMENDMENT.—Section 931 of the 

7 Energy Independence and Security Act of 2007 (42 

8 U.S.C. 17371) is amended— 

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

10 (2) by redesignating subsections (c) and (d) as 

11 subsections (a) and (b), respectively. 

12 SEC. 112. PASSPORT FEES. 

13 Paragraph (2) of section 1(b) of the Passport Act of 

14 June 4, 1920 (22 U.S.C. 214(b)) is amended by striking 

15 ‘‘not’’ and all that follows through the period at the end 

16 and inserting the following: ‘‘be exercised beginning on the 

17 date of the enactment of the Department of State Author18 ization Act of 2019.’’. 

19 SEC. 113. UNITED STATES DIPLOMACY CENTER. 

20 Title I of the State Department Basic Authorities Act 

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

22 2735) the following new section: 

23 ‘‘SEC. 64. UNITED STATES DIPLOMACY CENTER. 

24 ‘‘(a) ACTIVITIES.— 


kjohnson on DSK79L0C42 with BILLS
33 

HR 3352 RFS

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

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

3 otherwise, for the performance of appropriate mu4 seum visitor and educational outreach services and 

5 related events, including organizing programs and 

6 conference activities, museum shop services and food 

7 services in the public exhibition and related space 

8 utilized by the center for United States diplomacy. 

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

10 State is authorized to recover any revenues gen11 erated under the authority of paragraph (1) for vis12 itor and outreach services and related events re13 ferred to in such paragraph, including fees for use 

14 of facilities at a center for United States diplomacy. 

15 Any such revenues may be retained as a recovery of 

16 the costs of operating the Center. 

17 ‘‘(b) DISPOSITION OF UNITED STATES DIPLOMACY

18 CENTER DOCUMENTS, ARTIFACTS, AND OTHER ARTI19 CLES.— 

20 ‘‘(1) PROPERTY.—All historic documents, arti21 facts, or other articles permanently acquired by the 

22 Department of State and determined by the Sec23 retary of State to be suitable for display by the cen24 ter for United States diplomacy shall be considered 

25 to be the property of the United States Government 


kjohnson on DSK79L0C42 with BILLS
34 

HR 3352 RFS

1 and shall be subject to disposition solely in accord2 ance with this subsection. 

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

4 the Secretary of State makes the determination de5 scribed in paragraph (3) with respect to a document, 

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

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

8 transfer such document, artifact, or other article 

9 without regard to the requirements of subtitle I of 

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

11 such sale may be used solely for the advancement of 

12 the mission of the center for United States diplo13 macy and may not be used for any purpose other 

14 than the acquisition and direct care of the collections 

15 of the center. 

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

17 OR TRANSFER.—The determination described in this 

18 paragraph with respect to a document, artifact, or 

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

20 that— 

21 ‘‘(A) such document, artifact, or other arti22 cle no longer serves to further the purposes of 

23 the center for United States diplomacy as set 

24 forth in the collections management policy of 

25 the center; 


kjohnson on DSK79L0C42 with BILLS
35 

HR 3352 RFS

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

2 document, artifact, or other article would serve 

3 to maintain the standards of the collection of 

4 the center; or 

5 ‘‘(C) sale, trade, or transfer of such docu6 ment, artifact, or other article would be in the 

7 best interests of the United States. 

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

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

10 transfer of documents, artifacts, or other articles 

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

12 loan such documents, artifacts, or other articles, 

13 when not needed for use or display by the center for 

14 United States diplomacy to the Smithsonian Institu15 tion or a similar institution for repair, study, or ex16 hibition.’’. 

17 SEC. 114. EXTENSION OF PERIOD FOR REIMBURSEMENT OF 

18 FISHERMEN FOR COSTS INCURRED FROM 

19 THE ILLEGAL SEIZURE AND DETENTION OF 

20 U.S.-FLAG FISHING VESSELS BY FOREIGN 

21 GOVERNMENTS. 

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

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

24 amended to read as follows: 


kjohnson on DSK79L0C42 with BILLS
36 

HR 3352 RFS

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

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

3 provided in advance in appropriation Acts.’’. 

4 (b) RETROACTIVE APPLICABILITY.— 

5 (1) EFFECTIVE DATE.—The amendment made 

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

7 enactment of this Act and apply as if the date speci8 fied in subsection (e) of section 7 of the Fishermen’s 

9 Protective Act of 1967, as in effect on the day be10 fore the date of the enactment of this Act, were the 

11 day after such date of enactment. 

12 (2) AGREEMENTS AND PAYMENTS.—The Sec13 retary shall— 

14 (A) enter into agreements pursuant to sec15 tion 7 of the Fishermen’s Protective Act of 

16 1967 for any claims to which such section 

17 would otherwise apply but for the date specified 

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

19 the day before the date of the enactment of this 

20 Act; and 

21 (B) make payments in accordance with 

22 agreements entered into pursuant to such sec23 tion if any such payments have not been made 

24 as a result of the expiration of the date speciVerDate Sep 11 2014 22:44 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H3352.RFS H3352

kjohnson on DSK79L0C42 with BILLS
37 

HR 3352 RFS

1 fied in such section, as in effect on the day be2 fore the date of the enactment of this Act. 

3 SEC. 115. ART IN EMBASSIES. 

4 (a) IN GENERAL.—No funds are authorized to be ap5 propriated for the purchase of any piece of art for the 

6 purposes of installation or display in any embassy, con7 sulate, or other foreign mission of the United States if 

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

9 $50,000, unless such purchase is subject to prior consulta10 tion with, and the regular notification procedures of, the 

11 appropriate congressional committees. 

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

13 of the enactment of this Act, the Secretary shall submit 

14 to the appropriate congressional committees a report on 

15 the costs of the Art in Embassies Program for each of 

16 fiscal years 2012, 2013, and 2014. 

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

18 date that is 2 years after the date of the enactment of 

19 this Act. 

20 (d) DEFINITION.—In this section, the term ‘‘art’’ in21 cludes paintings, sculptures, photographs, industrial de22 sign, and craft art. 

23 SEC. 116. AMENDMENT OR REPEAL OF REPORTING RE24 QUIREMENTS. 

25 (a) BURMA.— 


kjohnson on DSK79L0C42 with BILLS
38 

HR 3352 RFS

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

2 104–208 is amended— 

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

4 follows: 

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

6 shall develop, in coordination with members of ASEAN 

7 and other likeminded countries, a comprehensive, multilat8 eral strategy to bring about further democratic consolida9 tion in Burma and improve human rights practices and 

10 the quality of life in Burma, including the development 

11 of a dialogue leading to genuine national reconciliation.’’; 

12 and 

13 (B) in subsection (d)— 

14 (i) in the matter preceding paragraph 

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

16 ‘‘year’’; 

17 (ii) by redesignating paragraph (3) as 

18 paragraph (7); and 

19 (iii) by inserting after paragraph (2) 

20 the following new paragraphs: 

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

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

23 economic growth; 

24 ‘‘(5) progress toward genuine national reconcili25 ation; 


kjohnson on DSK79L0C42 with BILLS
39 

HR 3352 RFS

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

2 the Burmese people, including progress relating to 

3 market reforms, living standards, labor standards, 

4 use of forced labor in the tourism industry, and en5 vironmental quality; and’’. 

6 (2) EFFECTIVE DATE.—The amendments made 

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

8 enactment of this Act and apply with respect to the 

9 first report required under subsection (d) of section 

10 570 of Public Law 104–208 that is required after 

11 the date of the enactment of this Act. 

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

13 hereby repealed: 

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

15 101–246. 

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

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

18 U.S.C. 2414a). 

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

20 96–465 (22 U.S.C. 4022). 

21 SEC. 117. REPORTING ON IMPLEMENTATION OF GAO REC22 OMMENDATIONS. 

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

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

25 submit to the appropriate congressional committees a reVerDate Sep 11 2014 22:44 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H3352.RFS H3352

kjohnson on DSK79L0C42 with BILLS
40 

HR 3352 RFS

1 port that lists all of the Government Accountability Of2 fice’s recommendations relating to the Department that 

3 have not been fully implemented. 

4 (b) COMPTROLLER GENERAL REPORT.—Not later 

5 than 30 days after the Secretary submits the report under 

6 subsection (a), the Comptroller General of the United 

7 States shall submit to the appropriate congressional com8 mittees a report that identifies any discrepancies between 

9 the list of recommendations included in such report and 

10 the Government Accountability Office’s list of outstanding 

11 recommendations for the Department. 

12 (c) IMPLEMENTATION REPORT.— 

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

14 after the date of the submission of the Comptroller 

15 General’s report under subsection (b), the Secretary 

16 shall submit to the appropriate congressional com17 mittees a report that describes the implementation 

18 status of each recommendation from the Govern19 ment Accountability Office included in the report 

20 submitted under subsection (a). 

21 (2) JUSTIFICATION.—The report under para22 graph (1) shall include— 

23 (A) a detailed justification for each deci24 sion not to fully implement a recommendation 

25 or to implement a recommendation in a difVerDate Sep 11 2014 22:44 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H3352.RFS H3352

kjohnson on DSK79L0C42 with BILLS
41 

HR 3352 RFS

1 ferent manner than specified by the Govern2 ment Accountability Office; 

3 (B) a timeline for the full implementation 

4 of any recommendation the Secretary has de5 cided to adopt, but has not yet fully imple6 mented; and 

7 (C) an explanation for any discrepancies 

8 included in the Comptroller General report sub9 mitted under subsection (b). 

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

11 under this section shall be submitted in unclassified form, 

12 to the maximum extent practicable, but may be included 

13 in a classified annex to the extent necessary. 

14 SEC. 118. OFFICE OF GLOBAL CRIMINAL JUSTICE. 

15 (a) IN GENERAL.—There should be established with16 in the Department an Office of Global Criminal Justice 

17 (referred to in this section as the ‘‘Office’’), which may 

18 be placed within the organizational structure of the De19 partment at the discretion of the Secretary. 

20 (b) DUTIES.—The Office should carry out the fol21 lowing: 

22 (1) Advise the Secretary and other relevant sen23 ior officials on issues related to war crimes, crimes 

24 against humanity, and genocide. 


kjohnson on DSK79L0C42 with BILLS
42 

HR 3352 RFS

1 (2) Assist in formulating United States policy 

2 on the prevention of, responses to, and account3 ability for mass atrocities. 

4 (3) Coordinate United States Government posi5 tions relating to the international and hybrid courts 

6 currently prosecuting persons responsible for geno7 cide, war crimes, and crimes against humanity any8 where in the world. 

9 (4) Work with other governments, international 

10 organizations, and nongovernmental organizations, 

11 as appropriate, to establish and assist international 

12 and domestic commissions of inquiry, fact-finding 

13 missions, and tribunals to investigate, document, 

14 and prosecute atrocities in every region of the globe. 

15 (5) Coordinate the deployment of diplomatic, 

16 legal, economic, military, and other tools to help ex17 pose the truth, judge those responsible, protect and 

18 assist victims, enable reconciliation, deter atrocities, 

19 and build the rule of law. 

20 (6) Provide advice and expertise on transitional 

21 justice to United States personnel operating in con22 flict and post-conflict environments. 

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

24 hybrid, and mixed tribunals exercising jurisdiction 


kjohnson on DSK79L0C42 with BILLS
43 

HR 3352 RFS

1 over war crimes, crimes against humanity, and geno2 cide committed around the world. 

3 (8) Represent the Department on any inter4 agency whole-of-government coordinating entities ad5 dressing genocide and other mass atrocities. 

6 (9) Perform any additional duties and exercise 

7 such powers as the Secretary of State may prescribe. 

8 (c) SUPERVISION.—The Office should be led by an 

9 Ambassador-at-Large for Global Criminal Justice. 

10 TITLE II—EMBASSY 

11 CONSTRUCTION 

12 SEC. 201. EMBASSY SECURITY, CONSTRUCTION, AND MAIN13 TENANCE. 

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

16 $1,987,211,000 for fiscal year 2020. 

17 SEC. 202. STANDARD DESIGN IN CAPITAL CONSTRUCTION. 

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

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

22 which each new United States embassy and consulate 

23 starts with a standard design and keeps customization to 

24 a minimum. 


kjohnson on DSK79L0C42 with BILLS
44 

HR 3352 RFS

1 (b) CONSULTATION.—The Secretary shall carry out 

2 any new United States embassy compound or new con3 sulate compound project that utilizes a non-standard de4 sign, including those projects that are in the design or pre5 design phase as of the date of the enactment of this Act, 

6 only in consultation with the appropriate congressional 

7 committees. The Secretary shall provide the appropriate 

8 congressional committees, for each such project, the fol9 lowing documentation: 

10 (1) A comparison of the estimated full lifecycle 

11 costs of the project to the estimated full lifecycle 

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

14 (2) A comparison of the estimated completion 

15 date of such project to the estimated completion 

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

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

20 project if it were to use a standard design. 

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

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

23 such project. 

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


kjohnson on DSK79L0C42 with BILLS
45 

HR 3352 RFS

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

3 (c) SUNSET.—The consultation requirement under 

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

5 the date of the enactment of this Act. 

6 SEC. 203. CAPITAL CONSTRUCTION TRANSPARENCY. 

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

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

9 is amended— 

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

12 COSTS’’ and inserting ‘‘BIANNUAL REPORT ON

13 OVERSEAS CAPITAL CONSTRUCTION

14 PROJECTS’’; and 

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

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

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

19 days thereafter until the date that is 4 years after such 

20 date of enactment, the Secretary shall submit to the ap21 propriate congressional committees a comprehensive re22 port regarding all ongoing overseas capital construction 

23 projects and major embassy security upgrade projects. 

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


kjohnson on DSK79L0C42 with BILLS
46 

HR 3352 RFS

1 ongoing overseas capital construction project and major 

2 embassy security upgrade project: 

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

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

8 programs. 

9 ‘‘(2) The current cost estimate. 

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

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

13 by the Department to date. 

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

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

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

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

22 fully adjudicated or that the Department has settled, 

23 and the final dollar amount of each adjudication or 

24 settlement. 


kjohnson on DSK79L0C42 with BILLS
47 

HR 3352 RFS

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

2 in the proposed allocation of capital construction 

3 and maintenance funds required by the Committees 

4 on Appropriations not later than 45 days after the 

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

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

10 (b) INITIAL REPORT.—The first report required 

11 under subsection (a) of section 118 of the Department of 

12 State Authorities Act, Fiscal Year 2017 (as amended by 

13 this section) shall include an annex regarding all overseas 

14 capital construction projects and major embassy security 

15 upgrade projects completed during the 10-year period end16 ing on December 31, 2018, including, for each such 

17 project, the elements specified in subsection (b) of such 

18 section 118. 

19 SEC. 204. CONTRACTOR PERFORMANCE INFORMATION. 

20 (a) DEADLINE FOR COMPLETION.—The Secretary 

21 shall complete all contractor performance evaluations re22 quired by subpart 42.15 of the Federal Acquisition Regu23 lation for those contractors engaged in construction of new 

24 embassy or new consulate compounds by October 1, 2021. 

25 (b) PRIORITIZATION SYSTEM.— 


kjohnson on DSK79L0C42 with BILLS
48 

HR 3352 RFS

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

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

3 shall develop a prioritization system for clearing the 

4 current backlog of required evaluations referred to 

5 in subsection (a). 

6 (2) ELEMENTS.—The system required under 

7 paragraph (1) should prioritize the evaluations as 

8 follows: 

9 (A) Project completion evaluations should 

10 be prioritized over annual evaluations. 

11 (B) Evaluations for relatively large con12 tracts should have priority. 

13 (C) Evaluations that would be particularly 

14 informative for the awarding of government 

15 contracts should have priority. 

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

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

18 brief the appropriate congressional committees on the De19 partment’s plan for completing all evaluations by October 

20 1, 2021, in accordance with subsection (a) and the 

21 prioritization system developed pursuant to subsection (b). 

22 (d) SENSE OF CONGRESS.—It is the sense of Con23 gress that— 


kjohnson on DSK79L0C42 with BILLS
49 

HR 3352 RFS

1 (1) contractors deciding whether to bid on De2 partment contracts would benefit from greater un3 derstanding of the Department as a client; and 

4 (2) the Department should develop a forum 

5 where contractors can comment on the Department’s 

6 project management performance. 

7 SEC. 205. GROWTH PROJECTIONS FOR NEW EMBASSIES 

8 AND CONSULATES. 

9 (a) IN GENERAL.—For each new United States em10 bassy compound (NEC) and new consulate compound 

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

12 date of the enactment of this Act, the Department shall 

13 project growth over the estimated life of the facility using 

14 all available and relevant data, including the following: 

15 (1) Relevant historical trends for Department 

16 personnel and personnel from other agencies rep17 resented at the NEC or NCC that is to be con18 structed. 

19 (2) An analysis of the tradeoffs between risk 

20 and the needs of United States Government policy 

21 conducted as part of the most recent Vital Presence 

22 Validation Process, if applicable. 

23 (3) Reasonable assumptions about the strategic 

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

25 over the life of the building at issue. 


kjohnson on DSK79L0C42 with BILLS
50 

HR 3352 RFS

1 (4) Any other data that would be helpful in pro2 jecting the future growth of NEC or NCC. 

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

4 Federal agency represented at a United States embassy 

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

6 growth projections for the personnel of each such agency 

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

8 the case may be. 

9 (c) BASIS FOR ESTIMATES.—The Department shall 

10 base its growth assumption for all NECs and NCCs on 

11 the estimates required under subsections (a) and (b). 

12 (d) CONGRESSIONAL NOTIFICATION.—Any congres13 sional notification of site selection for a NEC or NCC sub14 mitted after the date of the enactment of this Act shall 

15 include the growth assumption used pursuant to sub16 section (c). 

17 SEC. 206. LONG-RANGE PLANNING PROCESS. 

18 (a) PLANS REQUIRED.— 

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

20 after the date of the enactment of this Act and an21 nually thereafter for 5 years, the Secretary shall de22 velop— 

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

25 program for the replacement of overseas diploVerDate Sep 11 2014 22:44 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H3352.RFS H3352

kjohnson on DSK79L0C42 with BILLS
51 

HR 3352 RFS

1 matic posts taking into account security factors 

2 under the Secure Embassy Construction and 

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

6 the Occupational Safety and Health Act of 

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

9 indoor air quality that impact employee health 

10 and safety; and 

11 (B) a comprehensive 6-year plan detailing 

12 the Department’s long-term planning for the 

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

15 factors under the Secure Embassy Construction 

16 and Counterterrorism Act of 1999 and other 

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

19 the Occupational Safety and Health Act of 

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

22 indoor air quality that impact employee health 

23 and safety. 

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

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


kjohnson on DSK79L0C42 with BILLS
52 

HR 3352 RFS

1 one-time status report on existing small diplomatic 

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

4 current physical diplomatic presence. Such report, 

5 which may include a classified annex, shall include 

6 the following: 

7 (A) A description of the extent to which 

8 each small diplomatic post furthers the national 

9 interest of the United States. 

10 (B) A description of how each small diplo11 matic post provides American Citizen Services, 

12 including data on specific services provided and 

13 the number of Americans receiving services over 

14 the previous year. 

15 (C) A description of whether each small 

16 diplomatic post meets current security require17 ments. 

18 (D) A description of the full financial cost 

19 of maintaining each small diplomatic post. 

20 (E) Input from the relevant chiefs of mis21 sion on any unique operational or policy value 

22 the small diplomatic post provides. 

23 (3) UPDATED INFORMATION.—The annual up24 dates of each of the plans developed pursuant to 

25 paragraph (1) shall highlight any changes from the 


kjohnson on DSK79L0C42 with BILLS
53 

HR 3352 RFS

1 previous year’s plan to the ordering of construction 

2 and maintenance projects. 

3 (b) REPORTING REQUIREMENTS.— 

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

5 later than 60 days after the completion of each plan 

6 required under subsection (a), the Secretary shall 

7 submit the plans to the appropriate congressional 

8 committees. 

9 (2) REFERENCE IN BUDGET JUSTIFICATION

10 MATERIALS.—In the budget justification materials 

11 submitted to the appropriate congressional commit12 tees in support of the Department’s budget for any 

13 fiscal year (as submitted with the budget of the 

14 President under section 1105(a) of title 31, United 

15 States Code), the plans required under subsection 

16 (a) shall be referenced to justify funding requested 

17 for building and maintenance projects overseas. 

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

19 under paragraph (1) shall be submitted in unclassi20 fied form but may include a classified annex. 

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

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

23 United States embassy or consulate that has employed five 

24 or fewer United States Government employees on average 


kjohnson on DSK79L0C42 with BILLS
54 

HR 3352 RFS

1 over the 36 months prior to the date of the enactment 

2 of this Act. 

3 SEC. 207. VALUE ENGINEERING AND RISK ASSESSMENT. 

4 (a) FINDINGS.—Congress makes the following find5 ings: 

6 (1) Federal departments and agencies are re7 quired to use value engineering (VE) as a manage8 ment tool, where appropriate, to reduce program and 

9 acquisition costs pursuant to OMB Circular A–131, 

10 Value Engineering, dated December 31, 2013. 

11 (2) OBO has a Policy Directive and Standard 

12 Operation Procedure, dated May 24, 2017, on con13 ducting risk management studies on all international 

14 construction projects. 

15 (b) NOTIFICATION REQUIREMENTS.— 

16 (1) SUBMISSION TO AUTHORIZING COMMIT17 TEES.—The proposed allocation of capital construc18 tion and maintenance funds that is required by the 

19 Committees on Appropriations of the Senate and the 

20 House of Representatives not later than 45 days 

21 after the date of the enactment of an Act making 

22 appropriations for the Department of State, foreign 

23 operations, and related programs shall also be sub24 mitted to the Committee on Foreign Relations of the 


kjohnson on DSK79L0C42 with BILLS
55 

HR 3352 RFS

1 Senate and the Committee on Foreign Affairs of the 

2 House of Representatives. 

3 (2) REQUIREMENT TO CONFIRM COMPLETION

4 OF VALUE ENGINEERING AND RISK ASSESSMENT

5 STUDIES.—The notifications required under para6 graph (1) shall include confirmation that the De7 partment has completed the requisite VE and risk 

8 management studies described in subsection (a). 

9 (c) REPORTING AND BRIEFING REQUIREMENTS.— 

10 The Secretary shall provide to the appropriate congres11 sional committees upon request— 

12 (1) a description of each risk management 

13 study referred to in subsection (a)(2) and a table de14 tailing which recommendations related to each such 

15 study were accepted and which were rejected; and 

16 (2) a report or briefing detailing the rationale 

17 for not implementing any such recommendations 

18 that may otherwise yield significant cost savings to 

19 the Department if implemented. 

20 SEC. 208. BUSINESS VOLUME. 

21 Section 402(c)(2)(E) of the Omnibus Diplomatic Se22 curity and Antiterrorism Act of 1986 (22 U.S.C. 

23 4852(c)(2)(E)) is amended by striking ‘‘in 3 years’’ and 

24 inserting ‘‘cumulatively over 3 years’’. 


kjohnson on DSK79L0C42 with BILLS
56 

HR 3352 RFS

1 SEC. 209. EMBASSY SECURITY REQUESTS AND DEFI2 CIENCIES. 

3 The Secretary shall provide to the appropriate con4 gressional committees upon request information on secu5 rity deficiencies at United States diplomatic posts, includ6 ing relating to the following: 

7 (1) Requests made over the previous year by 

8 United States diplomatic posts for security up9 grades. 

10 (2) Significant security deficiencies at United 

11 States diplomatic posts that are not operating out of 

12 a new embassy compound or new consulate com13 pound. 

14 SEC. 210. OVERSEAS SECURITY BRIEFINGS. 

15 Not later than 1 year after the date of the enactment 

16 of this Act, the Secretary shall revise the Foreign Affairs 

17 Manual to stipulate that information on the current threat 

18 environment shall be provided to all United States Govern19 ment employees under chief of mission authority traveling 

20 to a foreign country on official business. To the extent 

21 practicable, such material shall be provided to such em22 ployees prior to their arrival at a United States diplomatic 

23 post or as soon as possible thereafter. 


kjohnson on DSK79L0C42 with BILLS
57 

HR 3352 RFS

1 SEC. 211. CONTRACTING METHODS IN CAPITAL CONSTRUC2 TION. 

3 (a) DELIVERY.—Unless the Secretary notifies the ap4 propriate congressional committees that the use of the de5 sign-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 

11 a delivery method other than design-build in accordance 

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

14 including the reasons therefor. The notification required 

15 by this subsection may be included in any other report 

16 regarding a new United States diplomatic post that is re17 quired to be submitted to the appropriate congressional 

18 committees. 

19 (c) PERFORMANCE EVALUATION.—Not later than 

20 180 days after the date of the enactment of this Act, the 

21 Secretary shall report to the appropriate congressional 

22 committees regarding performance evaluation measures in 

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

24 in the Federal Government’’ that will be applicable to de25 sign and construction, lifecycle cost, and building mainteVerDate Sep 11 2014 22:44 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H3352.RFS H3352

kjohnson on DSK79L0C42 with BILLS
58 

HR 3352 RFS

1 nance programs of the Bureau of Overseas Building Oper2 ations of the Department. 

3 SEC. 212. COMPETITION IN EMBASSY CONSTRUCTION. 

4 Not later than 45 days after the date of the enact5 ment of this Act, the Secretary shall submit to the appro6 priate congressional committee a report detailing steps the 

7 Department is taking to expand the embassy construction 

8 contractor base in order to increase competition and maxi9 mize value. 

10 SEC. 213. 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 

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

18 4151 et seq.) to the fullest extent possible. 

19 SEC. 214. DEFINITIONS. 

20 In this title: 

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

22 means a method of project delivery in which one en23 tity works under a single contract with the Depart24 ment to provide design and construction services. 


kjohnson on DSK79L0C42 with BILLS
59 

HR 3352 RFS

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

3 compound project or new consulate compound 

4 project that does not utilize a standardized design 

5 for the structural, spatial, or security requirements 

6 of such embassy compound or consulate compound, 

7 as the case may be. 

8 TITLE III—PERSONNEL ISSUES 

9 SEC. 301. 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 shall apply to the Department of Labor for a waiver 

13 from insurance requirements under the Defense Base Act 

14 (42 U.S.C. 1651 et seq.) for all countries with respect to 

15 which the requirement was waived prior to January 2017, 

16 and for which there is not currently a waiver. 

17 (b) CERTIFICATION REQUIREMENT.—Not later than 

18 45 days after the date of the enactment of this Act, the 

19 Secretary shall certify to the appropriate congressional 

20 committees that the requirement in subsection (a) has 

21 been met. 

22 SEC. 302. STUDY ON FOREIGN SERVICE ALLOWANCES. 

23 (a) REPORT REQUIRED.— 

24 (1) IN GENERAL.—Not later than 270 days 

25 after date of the enactment of this Act, the SecVerDate Sep 11 2014 22:44 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H3352.RFS H3352

kjohnson on DSK79L0C42 with BILLS
60 

HR 3352 RFS

1 retary shall submit to the appropriate congressional 

2 committees a report detailing an empirical analysis 

3 on the effect of overseas allowances on the foreign 

4 assignment of Foreign Service officers (FSOs), to be 

5 conducted by a federally-funded research and devel6 opment center with appropriate expertise in labor ec7 onomics 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 

20 and process for incentivizing FSOs to bid on 

21 assignments that are historically in lower de22 mand, including with monetary compensation, 

23 and whether monetary compensation is nec24 essary for assignments in higher demand; 


kjohnson on DSK79L0C42 with BILLS
61 

HR 3352 RFS

1 (E) make any relevant comparisons to 

2 military compensation and allowances, noting 

3 which allowances are shared or based on the 

4 same regulations; 

5 (F) recommend options for restructuring 

6 allowances to improve the efficiency of the as7 signments system and better align FSO incen8 tives with the needs of the Foreign Service, in9 cluding any cost savings associated with such 

10 restructuring; 

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) 

17 on other United States Government depart18 ments and agencies with civilian employees per19 manently assigned or on temporary duty in for20 eign areas, following consultation with such de21 partments 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 shall provide to the Committee on Foreign 


kjohnson on DSK79L0C42 with BILLS
62 

HR 3352 RFS

1 Relations of the Senate and the Committee on Foreign 

2 Affairs in the House of Representatives a briefing on the 

3 implementation of this section that includes the following: 

4 (1) The name of the federally-funded research 

5 and development center that will conduct such anal6 ysis. 

7 (2) The scope of such analysis and terms of ref8 erence for such analysis as specified between the De9 partment and such federally-funded research and de10 velopment center. 

11 (c) AVAILABILITY OF INFORMATION.— 

12 (1) IN GENERAL.—The Secretary shall make 

13 available to the federally-funded research and devel14 opment center carrying out the analysis required 

15 under subsection (a)(1) all necessary and relevant 

16 information to allow such center to conduct such 

17 analysis in a quantitative and analytical manner, in18 cluding historical data on the number of bids for 

19 each foreign assignment and any survey data col20 lected by the Department from eligible bidders on 

21 their bid decision-making. 

22 (2) COOPERATION.—The Secretary shall work 

23 with the heads of other relevant United States Gov24 ernment departments and agencies to ensure such 

25 departments and agencies provide all necessary and 


kjohnson on DSK79L0C42 with BILLS
63 

HR 3352 RFS

1 relevant information to the federally-funded research 

2 and development center carrying out the analysis re3 quired under subsection (a)(1). 

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

5 shall require that the chief executive officer of the feder6 ally-funded research and development center that carries 

7 out the analysis required under subsection (a)(1) submit 

8 to the Committee on Foreign Relations of the Senate and 

9 the Committee on Foreign Affairs of the House of Rep10 resentatives an interim report on such analysis not later 

11 than 120 days after the date of the enactment of this Act. 

12 SEC. 303. SCIENCE AND TECHNOLOGY FELLOWSHIPS. 

13 Section 504 of the Foreign Relations Authorization 

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

15 adding at the end the following new subsection: 

16 ‘‘(e) GRANTS AND COOPERATIVE AGREEMENTS RE17 LATED TO SCIENCE AND TECHNOLOGY FELLOWSHIP

18 PROGRAMS.— 

19 ‘‘(1) IN GENERAL.—The Secretary is authorized 

20 to make grants or enter into cooperative agreements 

21 related to Department of State science and tech22 nology fellowship programs, including for assistance 

23 in recruiting fellows and the payment of stipends, 

24 travel, and other appropriate expenses to fellows. 


kjohnson on DSK79L0C42 with BILLS
64 

HR 3352 RFS

1 ‘‘(2) EXCLUSION FROM CONSIDERATION AS

2 COMPENSATION.—Stipends under paragraph (1) 

3 shall not be considered compensation for purposes of 

4 section 209 of title 18, United States Code. 

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

6 amount of grants made pursuant to this subsection 

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

8 SEC. 304. TRAVEL FOR SEPARATED FAMILIES. 

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

10 (22 U.S.C. 4081(15)) is amended— 

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

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

13 below age 21 of a member of the Service assigned 

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

15 children below age 21 of a member of the Service as16 signed abroad, 1 round-trip per year’’; 

17 (2) in subparagraph (A)— 

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

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

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

21 comma; 

22 (3) in subparagraph (B)— 

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

24 ‘‘to visit the other parent’’; and 

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


kjohnson on DSK79L0C42 with BILLS
65 

HR 3352 RFS

1 (4) by inserting after subparagraph (B) the fol2 lowing new subparagraph: 

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

4 the child or children abroad if the child or chil5 dren do not regularly reside with that parent 

6 and that parent is not receiving an education 

7 allowance or educational travel allowance for 

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

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

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

11 as added by paragraph (4) of this section, by strik12 ing ‘‘a payment’’ and inserting ‘‘the cost of round13 trip travel’’. 

14 SEC. 305. HOME LEAVE TRAVEL FOR SEPARATED FAMILIES. 

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

16 (22 U.S.C. 4083(b)) is amended by adding at the end the 

17 following new sentence: ‘‘In cases in which the family 

18 members of a member of the Service reside apart from 

19 the member at authorized locations outside the United 

20 States because they are prevented by official order from 

21 residing with the member at post, the member may take 

22 the leave ordered under this section where that member’s 

23 family members reside, notwithstanding section 6305 of 

24 title 5, United States Code.’’. 


kjohnson on DSK79L0C42 with BILLS
66 

HR 3352 RFS

1 SEC. 306. SENSE OF CONGRESS REGARDING CERTAIN FEL2 LOWSHIP PROGRAMS. 

3 It is the sense of Congress that— 

4 (1) Department fellowships that promote the 

5 employment of candidates belonging to under-rep6 resented groups, including the Charles B. Rangel 

7 International Affairs Graduate Fellowship Program, 

8 the Thomas R. Pickering Foreign Affairs Fellowship 

9 Program, and the Donald M. Payne International 

10 Development Fellowship Program, represent smart 

11 investments vital for building a strong, capable, and 

12 representative national security workforce; and 

13 (2) the Secretary of State and the Adminis14 trator of the United States Agency for International 

15 Development should fulfill the terms of their fellow16 ship agreements with each participant in the Fellow17 ship Programs referred to in paragraph (1), as spec18 ified in the original contractual agreements with 

19 each such participant. 

20 SEC. 307. TECHNICAL CORRECTION. 

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

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

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

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


kjohnson on DSK79L0C42 with BILLS
67 

HR 3352 RFS

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

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

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

4 who has general responsibility for carrying out the 

5 functions of the Service’’. 

6 SEC. 308. FOREIGN SERVICE AWARDS. 

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

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

10 follows: ‘‘DEPARTMENT AWARDS’’; and 

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

12 Service’’ after ‘‘the Service’’. 

13 (b) CONFORMING AMENDMENT.—The item relating 

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

‘‘Sec. 614. Department awards.’’. 

16 SEC. 309. DIPLOMATIC PROGRAMS. 

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

19 should continue to hold entry-level classes for Foreign 

20 Service officers and specialists and continue to recruit civil 

21 servants through programs such as the Presidential Man22 agement Fellows Program and Pathways Internship Pro23 grams in a manner and at a frequency consistent with 

24 prior years and consistent with the need to maintain a 

25 pool of experienced personnel effectively distributed across 


kjohnson on DSK79L0C42 with BILLS
68 

HR 3352 RFS

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

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

4 will lack experienced, qualified personnel in the short, me5 dium, and long terms. 

6 (b) LIMITATION.—The Secretary may not implement 

7 any reduction-in-force action under section 3502 or 3595 

8 of title 5, United States Code, or for any incentive pay9 ments for early separation or retirement under any other 

10 provision of law unless— 

11 (1) the appropriate congressional committees 

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

13 obligation or expenditure; and 

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

16 that describes the Department’s strategic staffing 

17 goals, including— 

18 (A) a justification that describes how any 

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

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

23 States; 

24 (C) a comprehensive strategic staffing plan 

25 for the Department, including 5-year workforce 


kjohnson on DSK79L0C42 with BILLS
69 

HR 3352 RFS

1 forecasting and a description of the anticipated 

2 impact of any proposed workforce reduction; 

3 and 

4 (D) a dataset displaying comprehensive 

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

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

9 (ii) civil service job skill code, grade 

10 level, and bureau of assignment; 

11 (iii) contracted employees, including 

12 the equivalent job skill code and bureau of 

13 assignment; and 

14 (iv) employees hired under schedule C 

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

16 of Federal Regulations, including their 

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

19 SEC. 310. SENSE OF CONGRESS REGARDING VETERANS EM20 PLOYMENT AT THE DEPARTMENT OF STATE. 

21 It is the sense of Congress that— 

22 (1) the Department should continue to promote 

23 the employment of veterans, in accordance with sec24 tion 301 of the Foreign Service Act of 1980 (22 

25 U.S.C. 3941), as amended by section 405 of this 


kjohnson on DSK79L0C42 with BILLS
70 

HR 3352 RFS

1 Act, including those veterans belonging to tradition2 ally underrepresented groups at the Department; 

3 (2) veterans employed by the Department have 

4 made significant contributions to United States for5 eign policy in a variety of regional and global affairs 

6 bureaus and diplomatic posts overseas; and 

7 (3) the Department should continue to encour8 age veteran employment and facilitate their partici9 pation in the workforce. 

10 SEC. 311. EMPLOYEE ASSIGNMENT RESTRICTIONS AND 

11 PRECLUSIONS. 

12 (a) SENSE OF CONGRESS.—It is the sense of Con13 gress that the Department should expand the appeal proc14 ess it makes available to employees related to assignment 

15 preclusions and restrictions. 

16 (b) APPEAL OF ASSIGNMENT RESTRICTION OR PRE17 CLUSION.—Section 502(a)(2) of the Foreign Service Act 

18 of 1980 (22 U.S.C. 3982(a)(2)), as amended by section 

19 111 of this Act, is further amended by adding at the end 

20 the following new sentences: ‘‘Any employee subjected to 

21 an assignment restriction or preclusion shall have the 

22 same appeal rights as provided by the Department regard23 ing denial or revocation of a security clearance. Any such 

24 appeal shall be resolved not later than 60 days after such 

25 appeal is filed.’’. 


kjohnson on DSK79L0C42 with BILLS
71 

HR 3352 RFS

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

2 days after the date of the enactment of this Act, the Sec3 retary shall revise, and certify to the appropriate congres4 sional committees regarding such revision, the Foreign Af5 fairs Manual guidance regarding denial or revocation of 

6 a security clearance to expressly state that all review and 

7 appeal rights relating thereto shall also apply to any rec8 ommendation or decision to impose an assignment restric9 tion or preclusion to an employee. 

10 SEC. 312. RECALL AND REEMPLOYMENT OF CAREER MEM11 BERS. 

12 (a) SENSE OF CONGRESS.—It is the sense of Con13 gress that— 

14 (1) career Department employees provide in15 valuable service to the United States as nonpartisan 

16 professionals who contribute subject matter expertise 

17 and professional skills to the successful development 

18 and execution of United States foreign policy; and 

19 (2) re-employment of skilled former members of 

20 the Foreign and civil service who have voluntarily 

21 separated from the Foreign or civil service due to 

22 family reasons or to obtain professional skills outside 

23 government is of benefit to the Department. 

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

25 of the Foreign Service Act of 1980 (22 U.S.C. 3948) is 


kjohnson on DSK79L0C42 with BILLS
72 

HR 3352 RFS

1 amended by adding at the end the following new sentence: 

2 ‘‘Former career tenured members of the Service seeking 

3 reappointment, if separated for other than cause for up 

4 to 3 years prior to the date of the enactment of this sen5 tence, shall be eligible to participate in the regular assign6 ment bidding process without restriction and shall not be 

7 required to accept a directed first assignment upon re8 appointment.’’. 

9 (c) NOTICE OF EMPLOYMENT OPPORTUNITIES.— 

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

11 is amended by inserting after chapter 102 the fol12 lowing new chapter: 

13 ‘‘CHAPTER 103—NOTICE OF EMPLOYMENT 

14 OPPORTUNITIES FOR DEPARTMENT 

15 OF STATE AND USAID POSITIONS 

16 ‘‘§ 10301. Notice of Employment Opportunities for De17 partment of State and USAID positions 

18 ‘‘To ensure that individuals who have separated from 

19 the Department of State or the United States Agency for 

20 International Development and who are eligible for re21 appointment are aware of such opportunities, the Depart22 ment of State and the United States Agency for Inter23 national Development shall publicize notice of all employ24 ment opportunities, including positions for which the rel25 evant agency is accepting applications from individuals 


kjohnson on DSK79L0C42 with BILLS
73 

HR 3352 RFS

1 within the agency’s workforce under merit promotion pro2 cedures, on publicly accessible sites, including 

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

4 notice shall expressly state that former employees eligible 

5 for reinstatement may apply.’’. 

6 (2) CLERICAL AMENDMENT.—The table of sec7 tions for subpart I of title 5, United States Code, is 

8 amended by adding at the end the following: 

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

USAID positions’’. 

9 SEC. 313. STRATEGIC STAFFING PLAN FOR THE DEPART10 MENT. 

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

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

13 submit to the appropriate congressional committees a 

14 comprehensive 5-year strategic staffing plan for the De15 partment that is aligned with and furthers the objectives 

16 of the National Security Strategy of the United States of 

17 America issued in December 2017, or any subsequent 

18 strategy issued not later than 18 months after the date 

19 of the enactment of this Act, which shall include the fol20 lowing: 

21 (1) A dataset displaying comprehensive work22 force data, including all shortages in bureaus de23 scribed in GAO report GAO–19–220, for all current 


kjohnson on DSK79L0C42 with BILLS
74 

HR 3352 RFS

1 and planned employees of the Department, 

2 disaggregated by— 

3 (A) Foreign Service officer and Foreign 

4 Service specialist rank; 

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

6 and bureau of assignment; 

7 (C) contracted employees, including the 

8 equivalent job skill code and bureau of assign9 ment; and 

10 (D) employees hired under schedule C of 

11 subpart C of part 213 of title 5, Code of Fed12 eral Regulations, including the equivalent grade 

13 and job skill code and bureau of assignment of 

14 such employee. 

15 (2) Recommendations on the number of For16 eign Service officers disaggregated by service cone 

17 that should be posted at each United States diplo18 matic post and in the District of Columbia, with a 

19 detailed basis for such recommendations. 

20 (3) Recommendations on the number of civil 

21 service officers that should be employed by the De22 partment, with a detailed basis for such rec23 ommendations. 


kjohnson on DSK79L0C42 with BILLS
75 

HR 3352 RFS

1 (b) MAINTENANCE.—The dataset required under 

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

3 regular basis. 

4 (c) CONSULTATION.—The Secretary shall lead the 

5 development of the plan required under subsection (a) but 

6 may consult or partner with private sector entities with 

7 expertise in labor economics, management, or human re8 sources, as well as organizations familiar with the de9 mands and needs of the Department’s workforce. 

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

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

12 submit to the appropriate congressional committees a re13 port regarding root causes of Foreign Service and civil 

14 service shortages, the effect of such shortages on national 

15 security objectives, and the Department’s plan to imple16 ment recommendations described in GAO–19–220. 

17 SEC. 314. CONSULTING SERVICES. 

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

19 States Code, as added by section 313 of this Act, is 

20 amended by adding at the end the following: 

21 ‘‘§ 10302. Consulting services for the Department of 

22 State 

23 ‘‘Any consulting service obtained by the Department 

24 of State through procurement contract pursuant to section 

25 3109 of title 5, United States Code, shall be limited to 


kjohnson on DSK79L0C42 with BILLS
76 

HR 3352 RFS

1 those contracts with respect to which expenditures are a 

2 matter of public record and available for public inspection, 

3 except if otherwise provided under existing law, or under 

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

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

6 for subpart I of title 5, United States Code, is amended 

7 by adding after the item relating to section 10302 the fol8 lowing new item: 

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

9 SEC. 315. INCENTIVES FOR CRITICAL POSTS. 

10 Section 1115(d) of the Supplemental Appropriations 

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

12 the last sentence. 

13 SEC. 316. EXTENSION OF AUTHORITY FOR CERTAIN AC14 COUNTABILITY REVIEW BOARDS. 

15 Section 301(a)(3) of the Omnibus Diplomatic Secu16 rity and Antiterrorism Act of 1986 (22 U.S.C. 

17 4831(a)(3)) is amended— 

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

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

20 AND’’; and 

21 (2) in subparagraph (A)— 

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

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

24 or’’; and 


kjohnson on DSK79L0C42 with BILLS
77 

HR 3352 RFS

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

2 on October 1, 2005, and ending on September 

3 30, 2009’’ and inserting ‘‘beginning on October 

4 1, 2019, and ending on September 30, 2022’’. 

5 SEC. 317. FOREIGN SERVICE SUSPENSION WITHOUT PAY. 

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

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

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

9 subparagraph (A), by striking ‘‘suspend’’ and insert10 ing ‘‘indefinitely suspend without duties’’; 

11 (2) by redesignating paragraph (5) as para12 graph (7); 

13 (3) by inserting after paragraph (4) the fol14 lowing new paragraphs: 

15 ‘‘(5) Any member of the Service suspended from du16 ties under this subsection may be suspended without pay 

17 only after a final written decision is provided to such mem18 ber under paragraph (2). 

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

20 has been provided within 1 calendar year of the date the 

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

22 thereafter the Secretary of State shall report to the Com23 mittee on Foreign Affairs of the House of Representatives 

24 and the Committee on Foreign Relations of the Senate 


kjohnson on DSK79L0C42 with BILLS
78 

HR 3352 RFS

1 in writing regarding the specific reasons for such delay.’’; 

2 and 

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

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

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

6 The term’’ and inserting the following: 

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

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

9 to the definition of ‘‘suspend’’ and ‘‘suspen10 sion’’); and 

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

12 subparagraphs (A) and (B), respectively; and 

13 moving such subparagraphs 2 ems to the left. 

14 SEC. 318. FOREIGN AFFAIRS MANUAL AND FOREIGN AF15 FAIRS HANDBOOK CHANGES. 

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

17 date of the enactment of this Act and every 180 days 

18 thereafter for 5 years, the Secretary shall submit to the 

19 appropriate congressional committees a report detailing all 

20 changes made to the Foreign Affairs Manual or the For21 eign Affairs Handbook. 

22 (b) COVERED PERIODS.—The first report required 

23 under subsection (a) shall cover the 5-year period pre24 ceding the submission of such report. Each subsequent re25 port shall cover the 180 day period preceding submission. 


kjohnson on DSK79L0C42 with BILLS
79 

HR 3352 RFS

1 (c) CONTENTS.—Each report required under sub2 section (a) shall contain the following: 

3 (1) The location within the Foreign Affairs 

4 Manual or the Foreign Affairs Handbook where a 

5 change has been made. 

6 (2) The statutory basis for each such change. 

7 (3) A side-by-side comparison of the Foreign 

8 Affairs Manual or Foreign Affairs Handbook before 

9 and after such change. 

10 (4) A summary of such changes displayed in 

11 spreadsheet form. 

12 SEC. 319. WAIVER AUTHORITY FOR INDIVIDUAL OCCUPA13 TIONAL REQUIREMENTS OF CERTAIN POSI14 TIONS. 

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

16 individual occupational requirements with respect to an 

17 employee or prospective employee of the Department of 

18 State for a civilian position categorized under the GS– 

19 0130 occupational series if the Secretary determines that 

20 the individual possesses significant scientific, techno21 logical, engineering, or mathematical expertise that is inte22 gral to performing the duties of the applicable position, 

23 based on demonstrated job performance and qualifying ex24 perience. With respect to each waiver granted under this 

25 subsection, the Secretary shall set forth in a written docuVerDate Sep 11 2014 22:44 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\H3352.RFS H3352

kjohnson on DSK79L0C42 with BILLS
80 

HR 3352 RFS

1 ment that is transmitted to the Director of the Office of 

2 Personnel Management the rationale for the decision of 

3 the Secretary to waive such requirements. 

4 SEC. 320. STANDARDIZING DEPARTMENT PARENTAL LEAVE 

5 POLICIES. 

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

7 (1) afford every employee at the Department 

8 equal access to leave and workplace flexibilities for 

9 childbirth, adoption, and foster care; 

10 (2) encourage the Department to work towards 

11 a parental leave policy that will help recruit and re12 tain a dynamic, multi-talented, and diverse work13 force capable of meeting the national security and 

14 foreign policy goals of the United States; and 

15 (3) determine the impacts of flexible leave poli16 cies on recruitment and retention rates. 

17 (b) ESTABLISHING STANDARD PARENTAL LEAVE

18 POLICIES.— 

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

20 after the date of the enactment of this Act, the Sec21 retary shall establish and implement a standard pa22 rental leave policy applicable to Department employ23 ees across all bureaus and offices within the Depart24 ment and Missions abroad. Nothing in this section 


kjohnson on DSK79L0C42 with BILLS
81 

HR 3352 RFS

1 shall be construed to provide any new category of 

2 leave not otherwise provided by law. 

3 (2) REPORTS.—Not later than 180 days after 

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

5 shall submit to the appropriate congressional com6 mittees a report describing— 

7 (A) the steps taken to implement the pol8 icy required under paragraph (1) across all bu9 reaus and offices within the Department and 

10 Missions abroad; and 

11 (B) any costs associated with such policy. 

12 SEC. 321. APPOINTMENT OF EMPLOYEES TO THE GLOBAL 

13 ENGAGEMENT CENTER. 

14 The Secretary may appoint, for a 3-year period that 

15 may be extended for up to an additional 2 years, solely 

16 to carry out the functions of the Global Engagement Cen17 ter, employees of the Department without regard to the 

18 provisions of title 5, United States Code, governing ap19 pointment in the competitive service, and may fix the basic 

20 compensation of such employees without regard to chapter 

21 51 and subchapter III of chapter 53 of such title. 


kjohnson on DSK79L0C42 with BILLS
82 

HR 3352 RFS

1 SEC. 322. REST AND RECUPERATION AND OVERSEAS OPER2 ATIONS LEAVE FOR FEDERAL EMPLOYEES. 

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

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

5 end the following new sections: 

6 ‘‘§ 6329d. Rest and recuperation leave 

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

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

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

10 does not include the Government Accountability Of11 fice; 

12 ‘‘(2) the term ‘combat zone’ means a geo13 graphic area designated by an Executive order of the 

14 President as an area in which the Armed Forces are 

15 engaging or have engaged in combat, an area des16 ignated by law to be treated as a combat zone, or 

17 a location the Department of Defense has certified 

18 for combat zone tax benefits due to its direct sup19 port of military operations; 

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

21 that term in section 6301; 

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

23 the meaning given that term in section 104 of the 

24 Omnibus Diplomatic Security and Antiterrorism Act 

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


kjohnson on DSK79L0C42 with BILLS
83 

HR 3352 RFS

1 ‘‘(5) the term ‘leave year’ means the period be2 ginning on the first day of the first complete pay pe3 riod in a calendar year and ending on the day imme4 diately before the first day of the first complete pay 

5 period in the following calendar year. 

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

7 head of an agency may prescribe regulations to grant up 

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

9 of rest and recuperation to an employee of the agency 

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

11 post, or any other location presenting significant security 

12 or operational challenges. 

13 ‘‘(c) DISCRETIONARY AUTHORITY OF AGENCY

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

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

16 concerned. 

17 ‘‘(d) RECORDS.—An agency shall record leave pro18 vided under this section separately from leave authorized 

19 under any other provision of law. 

20 ‘‘§ 6329e. Overseas operations leave 

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

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

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

24 does not include the Government Accountability Of25 fice; 


kjohnson on DSK79L0C42 with BILLS
84 

HR 3352 RFS

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 deter16 mines that to do so is necessary to advance the national 

17 security or foreign policy interests of the United States. 

18 ‘‘(c) DISCRETIONARY AUTHORITY OF AGENCY

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

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

21 concerned. 

22 ‘‘(d) RECORDS.—An agency shall record leave pro23 vided under this section separately from leave authorized 

24 under any other provision of law.’’. 


kjohnson on DSK79L0C42 with BILLS
85 

HR 3352 RFS

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

2 at the beginning of such chapter is amended by inserting 

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

4 items: 

‘‘6329d. Rest and recuperation leave. 

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

5 TITLE IV—A DIVERSE WORK6 FORCE: RECRUITMENT, RE7 TENTION, AND PROMOTION 

8 SEC. 401. DEFINITIONS. 

9 In this title: 

10 (1) APPLICANT FLOW DATA.—The term ‘‘appli11 cant flow data’’ means data that tracks the rate of 

12 applications for job positions among demographic 

13 categories. 

14 (2) DEMOGRAPHIC DATA.—The term ‘‘demo15 graphic data’’ means facts or statistics relating to 

16 the demographic categories specified in the Office of 

17 Management and Budget statistical policy directive 

18 entitled ‘‘Standards for Maintaining, Collecting, and 

19 Presenting Federal Data on Race and Ethnicity’’ 

20 (81 Fed. Reg. 67398). 

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

22 those classes of persons protected under the Civil 

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


kjohnson on DSK79L0C42 with BILLS
86 

HR 3352 RFS

1 the Americans with Disabilities Act of 1990 (42 

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

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

4 means— 

5 (A) individuals serving in a position in the 

6 civil service (as defined in section 2101 of title 

7 5, United States Code); 

8 (B) individuals who are members of the 

9 Foreign Service (as defined in section 103 of 

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

11 3902)); 

12 (C) all individuals serving under a personal 

13 services agreement or personal services con14 tract; 

15 (D) all individuals serving under a Foreign 

16 Service Limited appointment under section 309 

17 of the Foreign Service Act of 1980; or 

18 (E) individuals working in the Department 

19 of State under any other authority. 

20 SEC. 402. COLLECTION, ANALYSIS, AND DISSEMINATION OF 

21 WORKFORCE DATA. 

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

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

24 in consultation with the Director of the Office of Per25 sonnel Management and the Director of the Office of ManVerDate Sep 11 2014 22:44 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\H3352.RFS H3352

kjohnson on DSK79L0C42 with BILLS
87 

HR 3352 RFS

1 agement and Budget, submit to the appropriate congres2 sional committees a report, which shall also be posted on 

3 a publicly available website of the Department in a search4 able database format, that includes disaggregated demo5 graphic data and other information regarding the diversity 

6 of the workforce of the Department. 

7 (b) DATA.—The report under subsection (a) shall in8 clude the following data: 

9 (1) Demographic data on each element of the 

10 workforce of the Department, disaggregated by rank 

11 and grade or grade-equivalent, with respect to the 

12 following groups: 

13 (A) Applicants for positions in the Depart14 ment. 

15 (B) Individuals hired to join the workforce. 

16 (C) Individuals promoted during the 2-year 

17 period ending on the date of the enactment of 

18 this Act, including promotions to and within the 

19 Senior Executive Service or the Senior Foreign 

20 Service. 

21 (D) Individuals serving on applicable selec22 tion boards. 

23 (E) Members of any external advisory com24 mittee or board who are subject to appointment 


kjohnson on DSK79L0C42 with BILLS
88 

HR 3352 RFS

1 by individuals at senior positions in the Depart2 ment. 

3 (F) Individuals participating in profes4 sional development programs of the Depart5 ment, and the extent to which such participants 

6 have been placed into senior positions within 

7 the Department after such participation. 

8 (G) Individuals participating in mentorship 

9 or retention programs. 

10 (H) Individuals who separated from the 

11 agency during the 2-year period ending on the 

12 date of the enactment of this Act, including in13 dividuals in the Senior Executive Service or the 

14 Senior Foreign Service. 

15 (2) An assessment of agency compliance with 

16 the essential elements identified in Equal Employ17 ment Opportunity Commission Management Direc18 tive 715, effective October 1, 2003. 

19 (3) Data on the overall number of individuals 

20 who are part of the workforce, the percentages of 

21 such workforce corresponding to each element listed 

22 in section 401(4), and the percentages corresponding 

23 to each rank, grade, or grade-equivalent. 

24 (c) RECOMMENDATION.—The Secretary may include 

25 in the report under subsection (a) a recommendation to 


kjohnson on DSK79L0C42 with BILLS
89 

HR 3352 RFS

1 the Director of Office of Management and Budget and to 

2 the appropriate congressional committees regarding 

3 whether the Department should collect more detailed data 

4 on demographic categories in addition to the race and eth5 nicity categories specified in the Office of Management 

6 and Budget statistical policy directive entitled ‘‘Standards 

7 for Maintaining, Collecting, and Presenting Federal Data 

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

9 (d) OTHER CONTENTS.—The report under sub10 section (a) shall also describe and assess the effectiveness 

11 of the efforts of the Department— 

12 (1) to propagate fairness, impartiality, and in13 clusion in the work environment, both domestically 

14 and abroad; 

15 (2) to enforce anti-harassment and anti-dis16 crimination policies, both domestically and at posts 

17 overseas; 

18 (3) to refrain from engaging in unlawful dis19 crimination in any phase of the employment process, 

20 including recruitment, hiring, evaluation, assign21 ments, promotion, retention, and training; 

22 (4) to prevent illegal retaliation against employ23 ees for participating in a protected equal employ24 ment opportunity activity or for reporting sexual 

25 harassment or sexual assault; 


kjohnson on DSK79L0C42 with BILLS
90 

HR 3352 RFS

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 and minorities; 

6 (B) recruiting at women’s colleges, histori7 cally Black colleges and universities, minority8 serving institutions, and other institutions serv9 ing a significant percentage of minority stu10 dents; 

11 (C) placing job advertisements in news12 papers, magazines, and job sites oriented to13 ward women and minorities; 

14 (D) sponsoring and recruiting at job fairs 

15 in urban and rural communities and land-grant 

16 colleges or universities; 

17 (E) providing opportunities through the 

18 Foreign Service Internship Program under 

19 chapter 12 of the Foreign Service Act of 1980 

20 (22 U.S.C. 4141 et seq.) and other hiring ini21 tiatives; 

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

23 professionals through programs designed to in24 crease minority representation in international 

25 affairs; 


kjohnson on DSK79L0C42 with BILLS
91 

HR 3352 RFS

1 (G) offering the Foreign Service written 

2 and oral assessment examinations in several lo3 cations throughout the United States to reduce 

4 the burden of applicants having to travel at 

5 their own expense to take either or both such 

6 examinations; and 

7 (H) support recruiting and hiring opportu8 nities through— 

9 (i) the Charles B. Rangel Inter10 national Affairs Fellowship Program; 

11 (ii) the Thomas R. Pickering Foreign 

12 Affairs Fellowship Program; 

13 (iii) the Donald M. Payne Inter14 national Development Fellowship Program; 

15 and 

16 (iv) other initiatives, including agency17 wide policy initiatives. 

18 (e) ANNUAL UPDATES.—Not later than 1 year after 

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

20 and annually thereafter for the following 5 years, the Sec21 retary shall work with the Director of the Office of Per22 sonnel Management and the Director of the Office of Man23 agement and Budget to provide a report to the appro24 priate congressional committees, which shall be posted on 

25 the Department’s website, which may be included in anVerDate Sep 11 2014 22:44 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\H3352.RFS H3352

kjohnson on DSK79L0C42 with BILLS
92 

HR 3352 RFS

1 other annual report required under another provision of 

2 law, that includes— 

3 (1) disaggregated demographic data relating to 

4 the workforce and information on the status of di5 versity and inclusion efforts of the Department; 

6 (2) an analysis of applicant flow data; and 

7 (3) disaggregated demographic data relating to 

8 participants in professional development programs of 

9 the Department and the rate of placement into sen10 ior positions for participants in such programs. 

11 SEC. 403. EXIT INTERVIEWS FOR WORKFORCE. 

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

13 the Foreign Service and the Director of Human Resources 

14 of the Department should conduct periodic interviews with 

15 a representative and diverse cross-section of the workforce 

16 of the Department— 

17 (1) to understand the reasons of individuals in 

18 such workforce for remaining in a position in the 

19 Department; and 

20 (2) to receive feedback on workplace policies, 

21 professional development opportunities, and other 

22 issues affecting the decision of individuals in the 

23 workforce to remain in the Department. 

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

25 the Foreign Service and the Director of Human Resources 


kjohnson on DSK79L0C42 with BILLS
93 

HR 3352 RFS

1 shall provide an opportunity for an exit interview to each 

2 individual in the workforce of the Department who sepa3 rates from service with the Department to better under4 stand the reasons of such individual for leaving such serv5 ice. 

6 (c) USE OF ANALYSIS FROM INTERVIEWS.—The Di7 rector General of the Foreign Service and the Director of 

8 Human Resources shall analyze demographic data and 

9 other information obtained through interviews under sub10 sections (a) and (b) to determine— 

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

12 participating in such interviews impacts the results; 

13 and 

14 (2) whether to implement any policy changes or 

15 include any recommendations in a report required 

16 under subsection (a) or (e) of section 402 relating 

17 to the determination reached pursuant to paragraph 

18 (1). 

19 (d) TRACKING DATA.—The Department shall— 

20 (1) track demographic data relating to partici21 pants in professional development programs and the 

22 rate of placement into senior positions for partici23 pants in such programs; 

24 (2) annually evaluate such data— 


kjohnson on DSK79L0C42 with BILLS
94 

HR 3352 RFS

1 (A) to identify ways to improve outreach 

2 and recruitment for such programs, consistent 

3 with merit system principles; and 

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

7 differs among the demographic categories of the 

8 workforce; and 

9 (3) actively encourage participation from a 

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

12 professional development programs. 

13 SEC. 404. RECRUITMENT AND RETENTION. 

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

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

16 of applicants; and 

17 (2) instruct the Director General of the Foreign 

18 Service and the Director of the Bureau of Human 

19 Resources of the Department to have a recruitment 

20 plan of action for the recruitment of people belong21 ing to traditionally under-represented groups, which 

22 should include outreach at appropriate colleges, uni23 versities, affinity groups, and professional associa24 tions. 


kjohnson on DSK79L0C42 with BILLS
95 

HR 3352 RFS

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

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

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

7 (2) placing job advertisements in newspapers, 

8 magazines, and job sites oriented toward diverse 

9 groups; 

10 (3) sponsoring and recruiting at job fairs in 

11 urban and rural communities and land-grant colleges 

12 or universities; 

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

15 focus on diversity recruitment and retention; and 

16 (5) cultivating partnerships with organizations 

17 dedicated to the advancement of the profession of 

18 international affairs and national security to advance 

19 shared diversity goals. 

20 (c) EXPAND TRAINING ON ANTI-HARASSMENT AND

21 ANTI-DISCRIMINATION.— 

22 (1) IN GENERAL.—The Secretary shall, through 

23 the Foreign Service Institute and other educational 

24 and training opportunities— 


kjohnson on DSK79L0C42 with BILLS
96 

HR 3352 RFS

1 (A) ensure the provision of training on 

2 anti-harassment and anti-discrimination infor3 mation and policies to all individuals in the 

4 workforce; 

5 (B) expand the provision of training on 

6 workplace rights and responsibilities to focus on 

7 anti-harassment and anti-discrimination infor8 mation and policies, including policies relating 

9 to sexual assault prevention and response; and 

10 (C) make such expanded training manda11 tory for— 

12 (i) individuals in senior and super13 visory positions; 

14 (ii) individuals having responsibilities 

15 related to recruitment, retention, or pro16 motion of employees; and 

17 (iii) any other individual determined 

18 by the Department who needs such train19 ing based on analysis by the Department 

20 or OPM analysis. 

21 (2) BEST PRACTICES.—The Department shall 

22 give special attention to ensuring the continuous in23 corporation of research-based best practices in train24 ing provided under this subsection. 


kjohnson on DSK79L0C42 with BILLS
97 

HR 3352 RFS

1 SEC. 405. LEADERSHIP ENGAGEMENT AND ACCOUNT2 ABILITY. 

3 (a) REWARD AND RECOGNIZE EFFORTS TO PRO4 MOTE DIVERSITY AND INCLUSION.— 

5 (1) IN GENERAL.—The Secretary shall imple6 ment performance and advancement requirements 

7 that reward and recognize the efforts of individuals 

8 in senior positions and supervisors in the Depart9 ment in fostering an inclusive environment and culti10 vating talent consistent with merit system principles, 

11 such as through participation in mentoring pro12 grams or sponsorship initiatives, recruitment events, 

13 and other similar opportunities. 

14 (2) OUTREACH EVENTS.—The Secretary shall 

15 create opportunities for individuals in senior posi16 tions and supervisors in the Department to partici17 pate in outreach events and to discuss issues relat18 ing to diversity and inclusion with the workforce on 

19 a regular basis, including with employee resource 

20 groups. 

21 (b) EXTERNAL ADVISORY COMMITTEES AND

22 BOARDS.—For each external advisory committee or board 

23 to which individuals in senior positions in the Department 

24 appoint members, the Secretary is strongly encouraged by 

25 Congress to ensure such external advisory committee or 


kjohnson on DSK79L0C42 with BILLS
98 

HR 3352 RFS

1 board is developed, reviewed, and carried out by qualified 

2 teams that represent the diversity of the organization. 

3 SEC. 406. PROFESSIONAL DEVELOPMENT OPPORTUNITIES 

4 AND TOOLS. 

5 (a) EXPAND PROVISION OF PROFESSIONAL DEVEL6 OPMENT AND CAREER ADVANCEMENT OPPORTUNITIES.— 

7 (1) IN GENERAL.—The Secretary is authorized 

8 to expand professional development opportunities 

9 that support the mission needs of the Department, 

10 such as— 

11 (A) academic programs; 

12 (B) private-public exchanges; and 

13 (C) detail assignments to relevant positions 

14 in— 

15 (i) private or international organiza16 tions; 

17 (ii) State, local, and Tribal govern18 ments; 

19 (iii) other branches of the Federal 

20 Government; or 

21 (iv) professional schools of inter22 national affairs. 

23 (2) TRAINING FOR SENIOR POSITIONS.— 

24 (A) IN GENERAL.—The Secretary shall 

25 offer, or sponsor members of the workforce to 


kjohnson on DSK79L0C42 with BILLS
99 

HR 3352 RFS

1 participate in, a Senior Executive Service can2 didate development program or other program 

3 that trains members on the skills required for 

4 appointment to senior positions in the Depart5 ment. 

6 (B) REQUIREMENTS.—In determining 

7 which members of the workforce are granted 

8 professional development or career advancement 

9 opportunities under subparagraph (A), the Sec10 retary shall— 

11 (i) ensure any program offered or 

12 sponsored by the Department under such 

13 subparagraph comports with the require14 ments of subpart C of part 412 of title 5, 

15 Code of Federal Regulations, or any suc16 cessor thereto, including merit staffing and 

17 assessment requirements; 

18 (ii) consider the number of expected 

19 vacancies in senior positions as a factor in 

20 determining the number of candidates to 

21 select for such programs; 

22 (iii) understand how participation in 

23 any program offered or sponsored by the 

24 Department under such subparagraph dif25 fers by gender, race, national origin, disVerDate Sep 11 2014 22:44 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\H3352.RFS H3352

kjohnson on DSK79L0C42 with BILLS
100 

HR 3352 RFS

1 ability status, or other demographic cat2 egories; and 

3 (iv) actively encourage participation 

4 from a range of demographic categories, 

5 especially from categories with consistently 

6 low participation. 

7 SEC. 407. EXAMINATION AND ORAL ASSESSMENT FOR THE 

8 FOREIGN SERVICE. 

9 (a) SENSE OF CONGRESS.—It is the sense of Con10 gress that the Department should offer both the Foreign 

11 Service written examination and oral assessment in more 

12 locations throughout the United States. Doing so would 

13 ease the financial burden on potential candidates who do 

14 not currently reside in and must travel at their own ex15 pense to one of the few locations where these assessments 

16 are offered. 

17 (b) FOREIGN SERVICE EXAMINATIONS.—Section 

18 301(b) of the Foreign Service Act of 1980 (22 U.S.C. 

19 3941) is amended— 

20 (1) by striking ‘‘The Secretary’’ and inserting: 

21 ‘‘(1) The Secretary’’; and 

22 (2) by adding at the end the following new 

23 paragraph: 

24 ‘‘(2) The Secretary shall ensure that the Board of 

25 Examiners for the Foreign Service annually offers the oral 


kjohnson on DSK79L0C42 with BILLS
101 

HR 3352 RFS

1 assessment examinations described in paragraph (1) in 

2 cities, chosen on a rotating basis, located in at least three 

3 different time zones across the United States.’’. 

4 SEC. 408. PAYNE FELLOWSHIP AUTHORIZATION. 

5 (a) IN GENERAL.—Undergraduate and graduate 

6 components of the Donald M. Payne International Devel7 opment Fellowship Program may conduct outreach to at8 tract outstanding students with an interest in pursuing 

9 a Foreign Service career who represent diverse ethnic and 

10 socioeconomic backgrounds. 

11 (b) REVIEW OF PAST PROGRAMS.—The Secretary 

12 shall review past programs designed to increase minority 

13 representation in international affairs positions. 

14 SEC. 409. VOLUNTARY PARTICIPATION. 

15 (a) IN GENERAL.—Nothing in this title should be 

16 construed so as to compel any employee to participate in 

17 the collection of the data or divulge any personal informa18 tion. Department employees shall be informed that their 

19 participation in the data collection contemplated by this 

20 title is voluntary. 

21 (b) PRIVACY PROTECTION.—Any data collected 

22 under this title shall be subject to the relevant privacy pro23 tection statutes and regulations applicable to Federal em24 ployees. 


kjohnson on DSK79L0C42 with BILLS
102 

HR 3352 RFS

1 TITLE V—INFORMATION 

2 SECURITY 

3 SEC. 501. DEFINITIONS. 

4 In this title: 

5 (1) INFORMATION SYSTEM.—The term ‘‘infor6 mation system’’ has the meaning given such term in 

7 section 3502 of title 44, United States Code. 

8 (2) INTELLIGENCE COMMUNITY.—The term 

9 ‘‘intelligence community’’ has the meaning given 

10 such term in section 3(4) of the National Security 

11 Act of 1947 (50 U.S.C. 3003(4)). 

12 (3) RELEVANT CONGRESSIONAL COMMIT13 TEES.—The term ‘‘relevant congressional commit14 tees’’ means— 

15 (A) the appropriate congressional commit16 tees; 

17 (B) the Select Committee on Intelligence 

18 of the Senate; and 

19 (C) the Permanent Select Committee on 

20 Intelligence of the House of Representatives. 

21 SEC. 502. INFORMATION SYSTEM SECURITY. 

22 (a) DEFINITIONS.—In this section: 

23 (1) INCIDENT.—The term ‘‘incident’’ has the 

24 meaning given such term in section 3552(b) of title 

25 44, United States Code. 


kjohnson on DSK79L0C42 with BILLS
103 

HR 3352 RFS

1 (2) PENETRATION TEST.—The term ‘‘penetra2 tion test’’ means a test methodology in which asses3 sors attempt to circumvent or defeat the security 

4 features of an information system. 

5 (b) CONSULTATIONS PROCESS.—Not later than 60 

6 days after the date of the enactment of this Act, the Sec7 retary shall establish a process for conducting semiannual 

8 consultations with the Secretary of Defense, the Director 

9 of National Intelligence, the Secretary of Homeland Secu10 rity, and any other department or agency representative 

11 who the Secretary determines to be appropriate regarding 

12 the security of United States Government and nongovern13 mental information systems used or operated by the De14 partment, a contractor of the Department, or another or15 ganization on behalf of the Department, including any 

16 such systems or networks facilitating the use of sensitive 

17 or classified information. 

18 (c) INDEPENDENT PENETRATION TESTING OF IN19 FORMATION SYSTEMS.—In coordination with the consulta20 tions under subsection (b), the Secretary shall commission 

21 independent, semiannual penetration tests, which shall be 

22 carried out by an appropriate Federal department or agen23 cy other than the Department, such as the Department 

24 of Homeland Security or the National Security Agency, 

25 to ensure that adequate policies and protections are impleVerDate Sep 11 2014 22:44 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\H3352.RFS H3352

kjohnson on DSK79L0C42 with BILLS
104 

HR 3352 RFS

1 mented to detect and prevent penetrations or compromises 

2 of such information systems, including malicious intru3 sions by any unauthorized individual, state actor, or other 

4 entity. 

5 (d) WAIVER.—The Secretary may waive the require6 ment under subsection (c) for up to 1 year if the Sec7 retary— 

8 (1) determines that such requirement would 

9 have adverse effects on national security or the dip10 lomatic mission of the Department; and 

11 (2) not later than 30 days after the commence12 ment of such a determination, submits to the rel13 evant congressional committees a written justifica14 tion that describes how such penetration tests would 

15 undermine national security or the diplomatic mis16 sion of the Department. 

17 (e) INCIDENT REPORTING.—Not later than 180 days 

18 after the date of the enactment of this Act and annually 

19 thereafter for 3 years, the Secretary, in consultation with 

20 the Secretary of Defense, the Director of the National In21 telligence, the Secretary of Homeland Security, and any 

22 other department or agency representative who the Sec23 retary determines to be appropriate, shall securely submit 

24 to the relevant congressional committees a classified re25 port that describes in detail the following: 


kjohnson on DSK79L0C42 with BILLS
105 

HR 3352 RFS

1 (1) For the first reporting period, all known 

2 and suspected incidents affecting the information 

3 systems specified in subsection (b) that occurred 

4 during the 180-day period immediately preceding the 

5 date of the enactment of this Act. 

6 (2) For all subsequent reporting periods, all 

7 known and suspected incidents affecting the infor8 mation systems specified in subsection (b) that oc9 curred since the submission of the most recent re10 port. 

11 (f) CONTENTS.—Each report under subsection (e) 

12 shall include, for the relevant reporting period, a summary 

13 overview addressing the following: 

14 (1) A description of the relevant information 

15 system, as specified in subsection (b), that experi16 enced a known or suspected incident. 

17 (2) An assessment of the date and time each 

18 such incident occurred or was suspected to have oc19 curred. 

20 (3) An assessment of the duration over which 

21 each such incident took place or is suspected of hav22 ing taken place, including whether such incident is 

23 ongoing. 

24 (4) An assessment of the volume and sensitivity 

25 of information accessed, compromised, or potentially 


kjohnson on DSK79L0C42 with BILLS
106 

HR 3352 RFS

1 compromised by each incident, including any such 

2 information contained on information systems 

3 owned, operated, managed, or utilized by any other 

4 Federal department or agency. 

5 (5) An assessment of whether such information 

6 system was compromised by such incident, including 

7 an assessment of the following: 

8 (A) The known or suspected perpetrators, 

9 including state actors. 

10 (B) The methods used to carry out the in11 cident. 

12 (C) The known or suspected intent of the 

13 actors in accessing the information system. 

14 (6) A description of the actions the Department 

15 has taken or plans to take, including timelines and 

16 descriptions of any progress on plans described in 

17 prior reports, to prevent future, similar incidents af18 fecting such information systems. 

19 SEC. 503. PROHIBITION ON CONTRACTING WITH CERTAIN 

20 TELECOMMUNICATIONS PROVIDERS. 

21 (a) LIST OF COVERED CONTRACTORS.—Not later 

22 than 30 days after the date of the enactment of this Act, 

23 the Secretary, in consultation with the Director of Na24 tional Intelligence, shall develop or maintain, as the case 

25 may be, and update as frequently as the Secretary deterVerDate Sep 11 2014 22:44 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\H3352.RFS H3352

kjohnson on DSK79L0C42 with BILLS
107 

HR 3352 RFS

1 mines appropriate, a list of covered contractors with re2 spect to which the prohibition specified in subsection (b) 

3 shall apply. Not later than 30 days after the initial devel4 opment of the list under this subsection, any update there5 to, and annually thereafter for 5 years after such initial 

6 30 day period, the Secretary shall submit to the appro7 priate congressional committees a copy of such list. 

8 (b) PROHIBITION ON CONTRACTS.—The Secretary 

9 may not enter into a contract with a covered contractor 

10 on the list described in subsection (a). 

11 (c) REMOVAL FROM LIST.—To be removed from the 

12 list described in subsection (a), a covered contractor may 

13 submit a request to the Secretary in such manner as the 

14 Secretary determines appropriate. The Secretary, in con15 sultation with the Director of National Intelligence, shall 

16 determine a process for removing covered contractors from 

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

18 (d) WAIVERS.— 

19 (1) IN GENERAL.—The President or the Sec20 retary may waive the prohibition specified in sub21 section (b) if the President or the Secretary deter22 mines that such waiver is justified for national secu23 rity reasons. 

24 (2) WAIVER FOR OVERSEAS OPERATIONS.—The 

25 Secretary may waive the prohibition specified in subVerDate Sep 11 2014 22:44 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\H3352.RFS H3352

kjohnson on DSK79L0C42 with BILLS
108 

HR 3352 RFS

1 section (b) for United States diplomatic posts or dip2 lomatic personnel overseas if the Secretary, in con3 sultation with the Director of National Intelligence, 

4 determines that no suitable alternatives are avail5 able. 

6 (e) COVERED CONTRACTOR DEFINED.—In this sec7 tion, the term ‘‘covered contractor’’ means a provider of 

8 telecommunications, telecommunications equipment, or in9 formation technology equipment, including hardware, soft10 ware, or services, that has knowingly assisted or facilitated 

11 a cyber attack or conducted surveillance, including passive 

12 or active monitoring, carried out against— 

13 (1) the United States by, or on behalf of, any 

14 government, or persons associated with such govern15 ment, listed as a cyber threat actor in the intel16 ligence community’s 2017 assessment of worldwide 

17 threats to United States national security or any 

18 subsequent worldwide threat assessment of the intel19 ligence community; or 

20 (2) individuals, including activists, journalists, 

21 opposition politicians, or other individuals for the 

22 purposes of suppressing dissent or intimidating crit23 ics, on behalf of a country included in the annual 

24 country reports on human rights practices of the 

25 Department for systematic acts of political represVerDate Sep 11 2014 22:44 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 E:\BILLS\H3352.RFS H3352

kjohnson on DSK79L0C42 with BILLS
109 

HR 3352 RFS

1 sion, including arbitrary arrest or detention, torture, 

2 extrajudicial or politically motivated killing, or other 

3 gross violations of human rights. 

4 (f) EFFECTIVE DATE.—This section shall apply with 

5 respect to contracts of a covered contractor entered into 

6 on or after the date of the enactment of this Act. 

7 SEC. 504. PRESERVING RECORDS OF ELECTRONIC COMMU8 NICATIONS CONDUCTED RELATED TO OFFI9 CIAL DUTIES OF POSITIONS IN THE PUBLIC 

10 TRUST OF THE AMERICAN PEOPLE. 

11 (a) SENSE OF CONGRESS.—It is the sense of Con12 gress that, as a matter of rule of law and transparency 

13 in a democratic government, all officers and employees of 

14 the Department and the United States Agency for Inter15 national Development must preserve all records of commu16 nications conducted in their official capacities or related 

17 to their official duties with entities outside of the United 

18 States Government. It is further the sense of Congress 

19 that such practice should include foreign government offi20 cials or other foreign entities which may seek to influence 

21 United States Government policies and actions. 

22 (b) PUBLICATION.—Not later than 180 days after the 

23 date of the enactment of this Act, the Secretary shall pub24 lish in the Foreign Affairs Manual guidance implementing 

25 chapter 31 of title 44, United States Code (commonly reVerDate Sep 11 2014 22:44 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\H3352.RFS H3352

kjohnson on DSK79L0C42 with BILLS
110 

HR 3352 RFS

1 ferred to as the ‘‘Federal Records Act’’), to treat elec2 tronic messaging systems, software, and applications as 

3 equivalent to electronic mail for the purpose of identifying 

4 Federal records, and shall also publish in the Foreign Af5 fairs Manual the statutory penalties for failure to comply 

6 with such guidance. No funds are authorized to be appro7 priated or made available to the Department of State 

8 under any Act to support the use or establishment of ac9 counts on third-party messaging applications or other non10 Government online communication tools if the Secretary 

11 does not certify to the relevant congressional committees 

12 that the Secretary has carried out this section. 

13 SEC. 505. FOREIGN RELATIONS OF THE UNITED STATES 

14 (FRUS) SERIES AND DECLASSIFICATION. 

15 The State Department Basic Authorities Act of 1956 

16 is amended— 

17 (1) in section 401(c) (22 U.S.C. 4351(c)), by 

18 striking ‘‘30’’ and inserting ‘‘25’’; 

19 (2) in section 402(a)(2) (22 U.S.C. 

20 4352(a)(2)), by striking ‘‘26’’ and inserting ‘‘20’’; 

21 and 

22 (3) in section 404 (22 U.S.C. 4354)— 

23 (A) in subsection (a)(1), by striking 

24 ‘‘30’’and inserting ‘‘25’’; and 


kjohnson on DSK79L0C42 with BILLS
111 

HR 3352 RFS

1 (B) in subsection (c)(1)(C), by striking 

2 ‘‘30’’ and inserting ‘‘25’’. 

3 SEC. 506. VULNERABILITY DISCLOSURE POLICY AND BUG 

4 BOUNTY PILOT PROGRAM. 

5 (a) DEFINITIONS.—In this section: 

6 (1) BUG BOUNTY PROGRAM.—The term ‘‘bug 

7 bounty program’’ means a program under which an 

8 approved individual, organization, or company is 

9 temporarily authorized to identify and report 

10 vulnerabilities of internet-facing information tech11 nology of the Department in exchange for compensa12 tion. 

13 (2) DEPARTMENT.—The term ‘‘Department’’ 

14 means the Department of State. 

15 (3) INFORMATION TECHNOLOGY.—The term 

16 ‘‘information technology’’ has the meaning given 

17 such term in section 11101 of title 40, United 

18 States Code. 

19 (4) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of State. 

21 (b) DEPARTMENT OF STATE VULNERABILITY DIS22 CLOSURE PROCESS.— 

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

24 after the date of the enactment of this Act, the Sec25 retary shall design, establish, and make publicly 


kjohnson on DSK79L0C42 with BILLS
112 

HR 3352 RFS

1 known a Vulnerability Disclosure Process (VDP) to 

2 improve Department cybersecurity by— 

3 (A) providing security researchers with 

4 clear guidelines for— 

5 (i) conducting vulnerability discovery 

6 activities directed at Department informa7 tion technology; and 

8 (ii) submitting discovered security 

9 vulnerabilities to the Department; and 

10 (B) creating Department procedures and 

11 infrastructure to receive and fix discovered 

12 vulnerabilities. 

13 (2) REQUIREMENTS.—In establishing the VDP 

14 pursuant to paragraph (1), the Secretary shall— 

15 (A) identify which Department information 

16 technology should be included in the process; 

17 (B) determine whether the process should 

18 differentiate among and specify the types of se19 curity vulnerabilities that may be targeted; 

20 (C) provide a readily available means of re21 porting discovered security vulnerabilities and 

22 the form in which such vulnerabilities should be 

23 reported; 

24 (D) identify which Department offices and 

25 positions will be responsible for receiving, 


kjohnson on DSK79L0C42 with BILLS
113 

HR 3352 RFS

1 prioritizing, and addressing security vulner2 ability disclosure reports; 

3 (E) consult with the Attorney General re4 garding how to ensure that individuals, organi5 zations, and companies that comply with the re6 quirements of the process are protected from 

7 prosecution under section 1030 of title 18, 

8 United States Code, and similar provisions of 

9 law for specific activities authorized under the 

10 process; 

11 (F) consult with the relevant offices at the 

12 Department of Defense that were responsible 

13 for launching the 2016 Vulnerability Disclosure 

14 Program, ‘‘Hack the Pentagon’’, and subse15 quent Department of Defense bug bounty pro16 grams; 

17 (G) engage qualified interested persons, in18 cluding nongovernmental sector representatives, 

19 about the structure of the process as construc20 tive and to the extent practicable; and 

21 (H) award contracts to entities, as nec22 essary, to manage the process and implement 

23 the remediation of discovered security 

24 vulnerabilities. 


kjohnson on DSK79L0C42 with BILLS
114 

HR 3352 RFS

1 (3) ANNUAL REPORTS.—Not later than 180 

2 days after the establishment of the VDP under para3 graph (1) and annually thereafter for the next 6 

4 years, the Secretary of State shall submit to the 

5 Committee on Foreign Affairs of the House of Rep6 resentatives and the Committee on Foreign Rela7 tions of the Senate a report on the VDP, including 

8 information relating to the following: 

9 (A) The number and severity, in accord10 ance with the National Vulnerabilities Database 

11 of the National Institute of Standards and 

12 Technology, of security vulnerabilities reported. 

13 (B) The number of previously unidentified 

14 security vulnerabilities remediated as a result. 

15 (C) The current number of outstanding 

16 previously unidentified security vulnerabilities 

17 and Department of State remediation plans. 

18 (D) The average length of time between 

19 the reporting of security vulnerabilities and re20 mediation of such vulnerabilities. 

21 (E) The resources, surge staffing, roles, 

22 and responsibilities within the Department used 

23 to implement the VDP and complete security 

24 vulnerability remediation. 


kjohnson on DSK79L0C42 with BILLS
115 

HR 3352 RFS

1 (F) Any other information the Secretary 

2 determines relevant. 

3 (c) DEPARTMENT OF STATE BUG BOUNTY PILOT

4 PROGRAM.— 

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

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

7 shall establish a bug bounty pilot program to mini8 mize security vulnerabilities of internet-facing infor9 mation technology of the Department. 

10 (2) REQUIREMENTS.—In establishing the pilot 

11 program described in paragraph (1), the Secretary 

12 shall— 

13 (A) provide compensation for reports of 

14 previously unidentified security vulnerabilities 

15 within the websites, applications, and other 

16 internet-facing information technology of the 

17 Department that are accessible to the public; 

18 (B) award contracts to entities, as nec19 essary, to manage such pilot program and for 

20 executing the remediation of security 

21 vulnerabilities identified pursuant to subpara22 graph (A); 

23 (C) identify which Department information 

24 technology should be included in such pilot pro25 gram; 


kjohnson on DSK79L0C42 with BILLS
116 

HR 3352 RFS

1 (D) consult with the Attorney General on 

2 how to ensure that individuals, organizations, 

3 or companies that comply with the requirements 

4 of such pilot program are protected from pros5 ecution under section 1030 of title 18, United 

6 States Code, and similar provisions of law for 

7 specific activities authorized under such pilot 

8 program; 

9 (E) consult with the relevant offices at the 

10 Department of Defense that were responsible 

11 for launching the 2016 ‘‘Hack the Pentagon’’ 

12 pilot program and subsequent Department of 

13 Defense bug bounty programs; 

14 (F) develop a process by which an ap15 proved individual, organization, or company can 

16 register with the entity referred to in subpara17 graph (B), submit to a background check as de18 termined by the Department, and receive a de19 termination as to eligibility for participation in 

20 such pilot program; 

21 (G) engage qualified interested persons, in22 cluding nongovernmental sector representatives, 

23 about the structure of such pilot program as 

24 constructive and to the extent practicable; and 


kjohnson on DSK79L0C42 with BILLS
117 

HR 3352 RFS

1 (H) consult with relevant United States 

2 Government officials to ensure that such pilot 

3 program complements persistent network and 

4 vulnerability scans of the Department of State’s 

5 internet-accessible systems, such as the scans 

6 conducted pursuant to Binding Operational Di7 rective BOD–15–01. 

8 (3) DURATION.—The pilot program established 

9 under paragraph (1) should be short-term in dura10 tion and not last longer than 1 year. 

11 (4) REPORT.—Not later than 180 days after 

12 the date on which the bug bounty pilot program 

13 under subsection (a) is completed, the Secretary 

14 shall submit to the Committee on Foreign Relations 

15 of the Senate and the Committee on Foreign Affairs 

16 of the House of Representatives a report on such 

17 pilot program, including information relating to— 

18 (A) the number of approved individuals, 

19 organizations, or companies involved in such 

20 pilot program, broken down by the number of 

21 approved individuals, organizations, or compa22 nies that— 

23 (i) registered; 

24 (ii) were approved; 


kjohnson on DSK79L0C42 with BILLS
118 

HR 3352 RFS

1 (iii) submitted security vulnerabilities; 

2 and 

3 (iv) received compensation; 

4 (B) the number and severity, in accordance 

5 with the National Vulnerabilities Database of 

6 the National Institute of Standards and Tech7 nology, of security vulnerabilities reported as 

8 part of such pilot program; 

9 (C) the number of previously unidentified 

10 security vulnerabilities remediated as a result of 

11 such pilot program; 

12 (D) the current number of outstanding 

13 previously unidentified security vulnerabilities 

14 and Department remediation plans; 

15 (E) the average length of time between the 

16 reporting of security vulnerabilities and remedi17 ation of such vulnerabilities; 

18 (F) the types of compensation provided 

19 under such pilot program; and 

20 (G) the lessons learned from such pilot 

21 program. 

22 TITLE VI—PUBLIC DIPLOMACY 

23 SEC. 601. SHORT TITLE. 

24 This title may be cited as the ‘‘Public Diplomacy 

25 Modernization Act of 2019’’. 


kjohnson on DSK79L0C42 with BILLS
119 

HR 3352 RFS

1 SEC. 602. AVOIDING DUPLICATION OF PROGRAMS AND EF2 FORTS. 

3 The Secretary shall— 

4 (1) identify opportunities for greater efficiency 

5 of operations, including through improved coordina6 tion of efforts across public diplomacy bureaus and 

7 offices of the Department; and 

8 (2) maximize shared use of resources between, 

9 and within, such public diplomacy bureaus and of10 fices in cases in which programs, facilities, or admin11 istrative functions are duplicative or substantially 

12 overlapping. 

13 SEC. 603. IMPROVING RESEARCH AND EVALUATION OF 

14 PUBLIC DIPLOMACY. 

15 (a) RESEARCH AND EVALUATION ACTIVITIES.—The 

16 Secretary, acting through the Director of Research and 

17 Evaluation appointed pursuant to subsection (b), shall— 

18 (1) conduct regular research and evaluation of 

19 public diplomacy programs and activities of the De20 partment, including through the routine use of audi21 ence research, digital analytics, and impact evalua22 tions, to plan and execute such programs and activi23 ties; and 

24 (2) make available to Congress the findings of 

25 the research and evaluations conducted under para26 graph (1). 


kjohnson on DSK79L0C42 with BILLS
120 

HR 3352 RFS

1 (b) DIRECTOR OF RESEARCH AND EVALUATION.— 

2 (1) APPOINTMENT.—Not later than 90 days 

3 after the date of the enactment of this Act, the Sec4 retary shall appoint a Director of Research and 

5 Evaluation (referred to in this subsection as the 

6 ‘‘Director’’) in the Office of Policy, Planning, and 

7 Resources for Public Diplomacy and Public Affairs 

8 of the Department. 

9 (2) LIMITATION ON APPOINTMENT.—The ap10 pointment of the Director pursuant to paragraph (1) 

11 shall not result in an increase in the overall full-time 

12 equivalent positions within the Department. 

13 (3) RESPONSIBILITIES.—The Director shall— 

14 (A) report to the Director of Policy Plan15 ning of the Office of Policy, Planning, and Re16 sources for Public Diplomacy and Public Af17 fairs of the Department; 

18 (B) coordinate and oversee the research 

19 and evaluation of public diplomacy programs 

20 and activities of the Department to— 

21 (i) improve public diplomacy strate22 gies and tactics; and 

23 (ii) ensure that such programs and 

24 activities are increasing the knowledge, unVerDate Sep 11 2014 22:44 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\H3352.RFS H3352

kjohnson on DSK79L0C42 with BILLS
121 

HR 3352 RFS

1 derstanding, and trust of the United 

2 States by relevant target audiences; 

3 (C) routinely organize and oversee audi4 ence research, digital analytics, and impact 

5 evaluations across all public diplomacy bureaus 

6 and offices of the Department; 

7 (D) support United States diplomatic 

8 posts’ public affairs sections; 

9 (E) share appropriate public diplomacy re10 search and evaluation information within the 

11 Department and with other appropriate Federal 

12 departments and agencies; 

13 (F) regularly design and coordinate stand14 ardized research questions, methodologies, and 

15 procedures to ensure that public diplomacy pro16 grams and activities across all public diplomacy 

17 bureaus and offices are designed to meet appro18 priate foreign policy objectives; and 

19 (G) report biannually to the United States 

20 Advisory Commission on Public Diplomacy, 

21 through the Subcommittee on Research and 

22 Evaluation established pursuant to subsection 

23 (f), regarding the research and evaluation of all 

24 public diplomacy bureaus and offices. 


kjohnson on DSK79L0C42 with BILLS
122 

HR 3352 RFS

1 (4) GUIDANCE AND TRAINING.—Not later than 

2 1 year after the appointment of the Director pursu3 ant to paragraph (1), the Director shall develop 

4 guidance and training, including curriculum for use 

5 by the Foreign Service Institute, for all public diplo6 macy officers of the Department regarding the read7 ing and interpretation of public diplomacy program 

8 and activity evaluation findings to ensure that such 

9 findings and related lessons learned are implemented 

10 in the planning and evaluation of all public diplo11 macy programs and activities of the Department. 

12 (c) PRIORITIZING RESEARCH AND EVALUATION.— 

13 (1) IN GENERAL.—The Director of Policy Plan14 ning of the Office of Policy, Planning, and Re15 sources for Public Diplomacy and Public Affairs of 

16 the Department shall ensure that research and eval17 uation of public diplomacy and activities of the De18 partment, as coordinated and overseen by the Direc19 tor pursuant to subsection (b), supports strategic 

20 planning and resource allocation across all public di21 plomacy bureaus and offices of the Department. 

22 (2) ALLOCATION OF RESOURCES.—Amounts al23 located for the purpose of research and evaluation of 

24 public diplomacy programs and activities of the De25 partment pursuant to subsection (b) shall be made 


kjohnson on DSK79L0C42 with BILLS
123 

HR 3352 RFS

1 available to be disbursed at the direction of the Di2 rector among the research and evaluation staff 

3 across all public diplomacy bureaus and offices of 

4 the Department. 

5 (3) SENSE OF CONGRESS.—It is the sense of 

6 Congress that the Department should gradually in7 crease its allocation of funds made available under 

8 the headings ‘‘Educational and Cultural Exchange 

9 Programs’’ and ‘‘Diplomatic Programs’’ for research 

10 and evaluation of public diplomacy programs and ac11 tivities of the Department pursuant to subsection (b) 

12 to a percentage of program funds that is commensu13 rate with Federal Government best practices. 

14 (d) LIMITED EXEMPTION RELATING TO THE PAPER15 WORK REDUCTION ACT.—Chapter 35 of title 44, United 

16 States Code (commonly known as the ‘‘Paperwork Reduc17 tion Act’’) shall not apply to the collection of information 

18 directed at any individuals conducted by, or on behalf of, 

19 the Department for the purpose of audience research, 

20 monitoring, and evaluations, and in connection with the 

21 Department’s activities conducted pursuant to any of the 

22 following: 

23 (1) The United States Information and Edu24 cational Exchange Act of 1948 (22 U.S.C. 1431 et 

25 seq.). 


kjohnson on DSK79L0C42 with BILLS
124 

HR 3352 RFS

1 (2) The Mutual Educational and Cultural Ex2 change Act of 1961 (22 U.S.C. 2451 et seq.). 

3 (3) Section 1287 of the National Defense Au4 thorization Act for Fiscal Year 2017 (Public Law 

5 114–328; 22 U.S.C. 2656 note). 

6 (4) The Foreign Assistance Act of 1961 (22 

7 U.S.C. 2151 et seq.). 

8 (e) LIMITED EXEMPTION RELATING TO THE PRI9 VACY ACT.— 

10 (1) IN GENERAL.—The Department shall main11 tain, collect, use, and disseminate records (as such 

12 term is defined in section 552a(a)(4) of title 5, 

13 United States Code) for audience research, digital 

14 analytics, and impact evaluation of communications 

15 related to public diplomacy efforts intended for for16 eign audiences. 

17 (2) CONDITIONS.—Audience research, digital 

18 analytics, and impact evaluations under paragraph 

19 (1) shall be— 

20 (A) reasonably tailored to meet the pur21 poses of this subsection; and 

22 (B) carried out with due regard for privacy 

23 and civil liberties guidance and oversight. 

24 (f) UNITED STATES ADVISORY COMMISSION ON PUB25 LIC DIPLOMACY.— 


kjohnson on DSK79L0C42 with BILLS
125 

HR 3352 RFS

1 (1) SUBCOMMITTEE FOR RESEARCH AND EVAL2 UATION.—The United States Advisory Commission 

3 on Public Diplomacy shall establish a Subcommittee 

4 on Research and Evaluation to monitor and advise 

5 regarding audience research, digital analytics, and 

6 impact evaluations carried out by the Department 

7 and the United States Agency for Global Media. 

8 (2) ANNUAL REPORT.—The Subcommittee on 

9 Research and Evaluation established pursuant to 

10 paragraph (1) shall submit to the appropriate con11 gressional committees an annual report, in conjunc12 tion with the United States Advisory Commission on 

13 Public Diplomacy’s Comprehensive Annual Report 

14 on the performance of the Department and the 

15 United States Agency for Global Media, describing 

16 all actions taken by the Subcommittee pursuant to 

17 paragraph (1) and any findings made as a result of 

18 such actions. 

19 SEC. 604. PERMANENT REAUTHORIZATION OF THE UNITED 

20 STATES ADVISORY COMMISSION ON PUBLIC 

21 DIPLOMACY. 

22 Section 1334 of the Foreign Affairs Reform and Re23 structuring Act of 1998 (22 U.S.C. 6553) is amended— 

24 (1) in the section heading, by striking ‘‘SUN25 SET’’ and inserting ‘‘CONTINUATION’’; and 


kjohnson on DSK79L0C42 with BILLS
126 

HR 3352 RFS

1 (2) by striking ‘‘until October 1, 2020’’. 

2 SEC. 605. STREAMLINING OF SUPPORT FUNCTIONS. 

3 (a) WORKING GROUP ESTABLISHED.—Not later than 

4 90 days after the date of the enactment of this Act, the 

5 Secretary shall establish a working group to explore the 

6 possibilities and cost-benefit analysis of transitioning to a 

7 shared services model as such pertains to human re8 sources, travel, purchasing, budgetary planning, and all 

9 other executive support functions for all bureaus of the 

10 Department that report to the Under Secretary for Public 

11 Diplomacy of the Department. 

12 (b) REPORT.—Not later than 1 year after the date 

13 of the enactment of this Act, the Secretary shall submit 

14 to the appropriate congressional committees a plan to im15 plement any such findings of the working group estab16 lished under subsection (a). 

17 SEC. 606. GUIDANCE FOR CLOSURE OF PUBLIC DIPLOMACY 

18 FACILITIES. 

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

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

21 shall adopt, and include in the Foreign Affairs Manual, 

22 guidelines to collect and utilize information from each dip23 lomatic post at which the construction of a new embassy 

24 compound or new consulate compound would result in the 

25 closure or co-location of an American Space, American 


kjohnson on DSK79L0C42 with BILLS
127 

HR 3352 RFS

1 Center, American Corner, or any other public diplomacy 

2 facility under the Secure Embassy Construction and 

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

4 (b) REQUIREMENTS.—The guidelines required by 

5 subsection (a) shall include the following: 

6 (1) Standardized notification to each chief of 

7 mission at a diplomatic post describing the require8 ments of the Secure Embassy Construction and 

9 Counterterrorism Act of 1999 and the impact on the 

10 mission footprint of such requirements. 

11 (2) An assessment and recommendations from 

12 each chief of mission of potential impacts to public 

13 diplomacy programming at such diplomatic post if 

14 any public diplomacy facility referred to in sub15 section (a) is closed or staff is co-located in accord16 ance with such Act. 

17 (3) A process by which assessments and rec18 ommendations under paragraph (2) are considered 

19 by the Secretary and the appropriate Under Secre20 taries and Assistant Secretaries of the Department. 

21 (4) Notification to the appropriate congres22 sional committees, prior to the initiation of a new 

23 embassy compound or new consulate compound de24 sign, of the intent to close any such public diplomacy 


kjohnson on DSK79L0C42 with BILLS
128 

HR 3352 RFS

1 facility or co-locate public diplomacy staff in accord2 ance with such Act. 

3 (c) REPORT.—Not later than 1 year after the date 

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

5 to the appropriate congressional committees a report con6 taining the guidelines required under subsection (a) and 

7 any recommendations for any modifications to such guide8 lines. 

9 SEC. 607. DEFINITIONS. 

10 In this title: 

11 (1) AUDIENCE RESEARCH.—The term ‘‘audi12 ence research’’ means research conducted at the out13 set of a public diplomacy program or the outset of 

14 campaign planning and design regarding specific au15 dience segments to understand the attitudes, inter16 ests, knowledge, and behaviors of such audience seg17 ments. 

18 (2) DIGITAL ANALYTICS.—The term ‘‘digital 

19 analytics’’ means the analysis of qualitative and 

20 quantitative data, accumulated in digital format, to 

21 indicate the outputs and outcomes of a public diplo22 macy program or campaign. 

23 (3) IMPACT EVALUATION.—The term ‘‘impact 

24 evaluation’’ means an assessment of the changes in 

25 the audience targeted by a public diplomacy program 


kjohnson on DSK79L0C42 with BILLS
129 

HR 3352 RFS

1 or campaign that can be attributed to such program 

2 or campaign. 

3 (4) PUBLIC DIPLOMACY BUREAUS AND OF4 FICES.—The term ‘‘public diplomacy bureaus and 

5 offices’’ means, with respect to the Department, the 

6 following: 

7 (A) The Bureau of Educational and Cul8 tural Affairs. 

9 (B) The Bureau of Global Public Affairs. 

10 (C) The Office of Policy, Planning, and 

11 Resources for Public Diplomacy and Public Af12 fairs. 

13 (D) The Global Engagement Center. 

14 (E) The public diplomacy functions within 

15 the regional and functional bureaus. 

16 TITLE VII—COMBATING PUBLIC 

17 CORRUPTION 

18 SEC. 701. SENSE OF CONGRESS. 

19 It is the sense of Congress that— 

20 (1) it is in the foreign policy interest of the 

21 United States to help foreign countries promote 

22 good governance and combat public corruption; 

23 (2) multiple Federal departments and agencies 

24 operate programs that promote good governance in 


kjohnson on DSK79L0C42 with BILLS
130 

HR 3352 RFS

1 foreign countries and enhance such countries’ ability 

2 to combat public corruption; 

3 (3) the Department should promote coordina4 tion among the Federal departments and agencies 

5 implementing programs to promote good governance 

6 and combat public corruption in foreign countries in 

7 order to improve effectiveness and efficiency; and 

8 (4) the Department should identify areas in 

9 which United States efforts to help other countries 

10 promote good governance and combat public corrup11 tion could be enhanced. 

12 SEC. 702. ANNUAL ASSESSMENT. 

13 (a) IN GENERAL.—For each of fiscal years 2020 

14 through 2026, the Secretary shall assess the capacity and 

15 commitment of foreign countries to combat public corrup16 tion. Each such assessment shall— 

17 (1) utilize independent, third party indicators 

18 that measure transparency, accountability, and cor19 ruption in the public sector in such countries, includ20 ing the extent to which public power is exercised for 

21 private gain, to identify those countries that are 

22 most vulnerable to public corruption; 

23 (2) consider, to the extent reliable information 

24 is available, whether the government of a country 

25 identified under paragraph (1)— 


kjohnson on DSK79L0C42 with BILLS
131 

HR 3352 RFS

1 (A) has adopted measures to prevent pub2 lic corruption, such as measures to inform and 

3 educate the public, including potential victims, 

4 about the causes and consequences of public 

5 corruption; 

6 (B) has enacted laws and established gov7 ernment structures, policies, and practices that 

8 prohibit public corruption; 

9 (C) enforces such laws through a fair judi10 cial process; 

11 (D) vigorously investigates, prosecutes, 

12 convicts, and sentences public officials who par13 ticipate in or facilitate public corruption, includ14 ing nationals of such country who are deployed 

15 in foreign military assignments, trade delega16 tions abroad, or other similar missions who en17 gage in or facilitate public corruption; 

18 (E) prescribes appropriate punishment for 

19 serious, significant corruption that is commen20 surate with the punishment prescribed for seri21 ous crimes; 

22 (F) prescribes appropriate punishment for 

23 significant corruption that provides a suffi24 ciently stringent deterrent and adequately re25 flects the nature of the offense; 


kjohnson on DSK79L0C42 with BILLS
132 

HR 3352 RFS

1 (G) convicts and sentences persons respon2 sible for such acts that take place wholly or 

3 partly within the country of such government, 

4 including, as appropriate, requiring the incar5 ceration of individuals convicted of such acts; 

6 (H) holds private sector representatives ac7 countable for their role in public corruption; 

8 and 

9 (I) addresses threats for civil society to 

10 monitor anti-corruption efforts; and 

11 (3) further consider— 

12 (A) verifiable measures taken by the gov13 ernment of a country identified under para14 graph (1) to prohibit government officials from 

15 participating in, facilitating, or condoning pub16 lic corruption, including the investigation, pros17 ecution, and conviction of such officials; 

18 (B) the extent to which such government 

19 provides access, or, as appropriate, makes ade20 quate resources available, to civil society organi21 zations and other institutions to combat public 

22 corruption, including reporting, investigating, 

23 and monitoring; 

24 (C) the extent to which an independent ju25 diciary or judicial body in such country is reVerDate Sep 11 2014 22:44 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\H3352.RFS H3352

kjohnson on DSK79L0C42 with BILLS
133 

HR 3352 RFS

1 sponsible for, and effectively capable of, decid2 ing public corruption cases impartially, on the 

3 basis of facts and in accordance with law, with4 out any improper restrictions, influences, in5 ducements, pressures, threats, or interferences, 

6 whether direct or indirect, from any source or 

7 for any reason; 

8 (D) the extent to which such government 

9 cooperates meaningfully with the United States 

10 to strengthen government and judicial institu11 tions and the rule of law to prevent, prohibit, 

12 and punish public corruption; 

13 (E) the extent to which such government— 

14 (i) is assisting in international inves15 tigations of transnational public corruption 

16 networks and in other cooperative efforts 

17 to combat serious, significant corruption, 

18 including cooperating with the govern19 ments of other countries to extradite cor20 rupt actors; 

21 (ii) recognizes the rights of victims of 

22 public corruption, ensures their access to 

23 justice, and takes steps to prevent such 

24 victims from being further victimized or 


kjohnson on DSK79L0C42 with BILLS
134 

HR 3352 RFS

1 persecuted by corrupt actors, government 

2 officials, or others; and 

3 (iii) refrains from prosecuting legiti4 mate victims of public corruption or whis5 tleblowers due to such persons having as6 sisted in exposing public corruption, and 

7 refrains from other discriminatory treat8 ment of such persons; and 

9 (F) contain such other information relating 

10 to public corruption as the Secretary considers 

11 appropriate. 

12 (b) IDENTIFICATION.—After conducting each assess13 ment under subsection (a), the Secretary shall identify the 

14 countries described in paragraph (1) of such subsection 

15 that are— 

16 (1) meeting minimum standards to combat pub17 lic corruption; 

18 (2) not meeting such minimum standards but 

19 making significant efforts to do so; and 

20 (3) neither meeting such minimum standards 

21 nor making significant efforts to do so. 

22 (c) REPORT.—Not later than 180 days after the date 

23 of the enactment of this Act and annually thereafter 

24 through fiscal year 2026, the Secretary shall submit to 

25 the appropriate congressional committees and make pubVerDate Sep 11 2014 22:44 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 E:\BILLS\H3352.RFS H3352

kjohnson on DSK79L0C42 with BILLS
135 

HR 3352 RFS

1 licly available a report that identifies the countries de2 scribed in subsection (a)(1) and paragraphs (2) and (3) 

3 of subsection (b), including a description of the method4 ology and data utilized in the assessments under sub5 section (a) and the reasons for such identifications. 

6 (d) BRIEFING IN LIEU OF REPORT.—The Secretary 

7 may waive the requirement to submit and make publicly 

8 available a written report under subsection (c) if the Sec9 retary— 

10 (1) determines that publication of such report 

11 would— 

12 (A) undermine existing United States anti13 corruption efforts in one or more countries; or 

14 (B) threaten the national interests of the 

15 United States; and 

16 (2) provides a briefing to the appropriate con17 gressional committees that identifies the countries 

18 described in subsection (a)(1) and paragraphs (2) 

19 and (3) of subsection (b), including a description of 

20 the methodology and data utilized in the assessment 

21 under subsection (a) and the reasons for such identi22 fications. 

23 SEC. 703. TRANSPARENCY AND ACCOUNTABILITY. 

24 For each country identified under paragraphs (2) and 

25 (3) of section 702(b), the Secretary, in coordination with 


kjohnson on DSK79L0C42 with BILLS
136 

HR 3352 RFS

1 the Administrator of the United States Agency for Inter2 national Development, as appropriate, shall— 

3 (1) ensure that a corruption risk assessment 

4 and mitigation strategy is included in the integrated 

5 country strategy for such country; and 

6 (2) utilize appropriate mechanisms to combat 

7 corruption in such countries, including by ensur8 ing— 

9 (A) the inclusion of anti-corruption clauses 

10 in contracts, grants, and cooperative agree11 ments entered into by the Department or the 

12 Agency for or in such countries, which allow for 

13 the termination of such contracts, grants, or co14 operative agreements, as the case may be, with15 out penalty if credible indicators of public cor16 ruption are discovered; 

17 (B) the inclusion of appropriate clawback 

18 or flowdown clauses within the procurement in19 struments of the Department and the Agency 

20 that provide for the recovery of funds misappro21 priated through corruption; 

22 (C) the appropriate disclosure to the 

23 United States Government, in confidential 

24 form, if necessary, of the beneficial ownership 

25 of contractors, subcontractors, grantees, cooperVerDate Sep 11 2014 22:44 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6201 E:\BILLS\H3352.RFS H3352

kjohnson on DSK79L0C42 with BILLS
137 

HR 3352 RFS

1 ative agreement participants, and other organi2 zations implementing programs on behalf of the 

3 Department or Agency; and 

4 (D) the establishment of mechanisms for 

5 investigating allegations of misappropriated re6 sources and equipment. 

7 SEC. 704. DESIGNATION OF EMBASSY ANTI-CORRUPTION 

8 POINTS OF CONTACT. 

9 (a) IN GENERAL.—The Secretary shall annually des10 ignate an anti-corruption point of contact at the United 

11 States diplomatic post to each country identified under 

12 paragraphs (2) and (3) of section 702(b), or which the 

13 Secretary otherwise determines is in need of such a point 

14 of contact. 

15 (b) RESPONSIBILITIES.—Each designated anti-cor16 ruption point of contact under subsection (a) shall be re17 sponsible for coordinating and overseeing implementation 

18 of a whole-of-government approach among the relevant 

19 Federal departments and agencies that operate programs 

20 that promote good governance in foreign countries and en21 hance such countries’ ability to combat public corruption 

22 in order to accomplish such objectives in the country to 

23 which such point of contact is posted, including through 

24 the development and implementation of corruption risk as25 sessment tools and mitigation strategies. 


kjohnson on DSK79L0C42 with BILLS
138 

HR 3352 RFS

1 (c) TRAINING.—The Secretary shall implement ap2 propriate training for designated anti-corruption points of 

3 contact under subsection (a). 

4 SEC. 705. REPORTING REQUIREMENTS. 

5 (a) ANNUAL REPORT.— 

6 (1) IN GENERAL.—The Secretary shall, for each 

7 of fiscal years 2020 through 2026, submit to the ap8 propriate congressional committees a report on im9 plementation of this title, including a description of 

10 the following: 

11 (A) The offices within the Department and 

12 the United States Agency for International De13 velopment that are engaging in significant anti14 corruption activities. 

15 (B) The findings and actions of designated 

16 anti-corruption points of contact to develop and 

17 implement risk mitigation strategies and ensure 

18 compliance with section 703. 

19 (C) The training implemented under sec20 tion 704(c). 

21 (D) Management of the whole-of-govern22 ment effort referred to in section 704(b) to 

23 combat corruption within the countries identi24 fied in section 702 and efforts to improve coVerDate Sep 11 2014 22:44 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 E:\BILLS\H3352.RFS H3352

kjohnson on DSK79L0C42 with BILLS
139 

HR 3352 RFS

1 ordination across Federal departments and 

2 agencies. 

3 (E) The risk assessment tools and mitiga4 tion strategies utilized by the Department and 

5 the Agency. 

6 (F) Other information determined by the 

7 Secretary to be necessary and appropriate. 

8 (2) FORM OF REPORT.—Each report under this 

9 subsection shall be submitted in an unclassified for10 mat but may include a classified annex. 

11 (b) ONLINE PLATFORM.—The Secretary shall con12 solidate existing reports with anti-corruption components 

13 into one online, public platform, which should— 

14 (1) include— 

15 (A) the annual Country Reports on 

16 Human Rights Practices; 

17 (B) the annual Fiscal Transparency Re18 port; 

19 (C) the annual Investment Climate State20 ments; 

21 (D) the annual International Narcotics 

22 Control Strategy Report; 

23 (E) the Country Scorecards of the Millen24 nium Challenge Corporation; and 

25 (F) any other relevant public reports; and 


kjohnson on DSK79L0C42 with BILLS
140 

HR 3352 RFS

1 (2) link to third-party indicators and compli2 ance mechanisms used by the United States Govern3 ment to inform policy and programming, such as— 

4 (A) the International Finance Corpora5 tion’s Doing Business surveys; 

6 (B) the International Budget Partnership’s 

7 Open Budget Index; and 

8 (C) multilateral peer review anti-corruption 

9 compliance mechanisms, such as the Organiza10 tion for Economic Co-operation and Develop11 ment’s Working Group on Bribery in Inter12 national Business Transactions and the United 

13 Nations Convention Against Corruption, done 

14 at New York October 31, 2003, to further high15 light expert international views on country chal16 lenges and country efforts. 

17 (c) TRAINING.—The Secretary and the Administrator 

18 of the United States Agency for International Develop19 ment shall incorporate anti-corruption components into 

20 existing Foreign Service and Civil Service training courses 

21 to— 

22 (1) increase the ability of Department and 

23 Agency personnel to support anti-corruption as a 

24 foreign policy priority; and 


kjohnson on DSK79L0C42 with BILLS
141 

HR 3352 RFS

1 (2) strengthen the ability of such personnel to 

2 design, implement, and evaluate more effective anti3 corruption programming around the world, including 

4 enhancing skills to better evaluate and mitigate pub5 lic corruption risks in assistance programs. 

6 SEC. 706. FOREIGN INVESTMENTS AND NATIONAL SECU7 RITY. 

8 (a) IN GENERAL.—Not later than 1 year after the 

9 date of the enactment of this Act and biennially thereafter 

10 for the following 6 years, the Secretary, in consultation 

11 with the Secretary of the Treasury, the Director of Na12 tional Intelligence, and the heads of other agencies, as ap13 propriate, shall submit to Congress an interagency strat14 egy to work with foreign governments and multilateral in15 stitutions to guard against the risks of certain trans16 actions involving foreign investments. 

17 (b) CONTENTS.—Each interagency strategy under 

18 paragraph (1) shall include plans relating to the following: 

19 (1) Information sharing with foreign govern20 ments and multilateral institutions regarding risks 

21 associated with potential foreign investments. 

22 (2) Promoting American and other alternatives 

23 to foreign investments identified as presenting sub24 stantial risk to the national security or sovereignty 

25 of a country. 


kjohnson on DSK79L0C42 with BILLS
142 

HR 3352 RFS

1 (3) Providing technical assistance to foreign 

2 governments or multilateral institutions regarding 

3 screening foreign investments. 

4 (4) Designating points of contact at each 

5 United States mission to foreign governments and 

6 multilateral institutions, and in associated regional 

7 bureaus, to coordinate efforts described in this para8 graph. 

9 (c) COORDINATION.—If the Secretary determines 

10 such is appropriate, the designated points of contact re11 ferred to in subsection (b)(4) may be the same individual 

12 designated under section 704(a). 

13 TITLE VIII—MATTERS RELATING 

14 TO INTERNATIONAL SECURITY 

15 SEC. 801. SHORT TITLE. 

16 This title may be cited as the ‘‘International Security 

17 Assistance Act of 2019’’. 

18 SEC. 802. SECURITY ASSISTANCE DEFINED. 

19 In this title, the term ‘‘security assistance’’ means— 

20 (1) assistance under chapter 8 (relating to 

21 international narcotics control) of part I of the For22 eign Assistance Act of 1961; 

23 (2) assistance under chapter 2 (military assist24 ance), chapter 5 (international military education 

25 and training), chapter 6 (peacekeeping operations), 


kjohnson on DSK79L0C42 with BILLS
143 

HR 3352 RFS

1 chapter 8 (antiterrorism assistance), and chapter 9 

2 (nonproliferation and export control assistance) of 

3 part II of the Foreign Assistance Act of 1961; 

4 (3) assistance under section 23 of the Arms Ex5 port Control Act (relating to the Foreign Military 

6 Financing program); and 

7 (4) sales of defense articles or defense services, 

8 extensions of credits (including participations in 

9 credits), and guaranties of loans under the Arms 

10 Export Control Act. 

11 Subtitle A—Reform Relating to 

12 Security Assistance 

13 SEC. 811. ORGANIZATIONAL REFORM. 

14 (a) WORKING GROUP.— 

15 (1) ESTABLISHMENT.—The Secretary shall es16 tablish a Working Group on matters relating to se17 curity assistance (in this subtitle referred to as the 

18 ‘‘Working Group’’). 

19 (2) MEMBERSHIP.— 

20 (A) IN GENERAL.—The Working Group 

21 shall be composed of— 

22 (i) the Deputy Secretary of State; and 

23 (ii) each Under Secretary of State re24 sponsible for matters relating to security 

25 assistance. 


kjohnson on DSK79L0C42 with BILLS
144 

HR 3352 RFS

1 (B) CHAIR.—The Deputy Secretary shall 

2 serve as the chair of the Working Group. 

3 (3) MEETINGS.—The Working Group shall 

4 meet not later than 90 days after the date of the en5 actment of this Act and on a quarterly basis there6 after. 

7 (4) DUTIES.—The duties of the Working Group 

8 shall include— 

9 (A) within the Department and across 

10 United States diplomatic posts— 

11 (i) providing strategic policy guidance 

12 on objectives and priorities for security as13 sistance; 

14 (ii) ensuring strategic integration of 

15 budgets and planning for security assist16 ance; and 

17 (iii) advising the Secretary on all 

18 budgets, programs, and activities for secu19 rity assistance; and 

20 (B) overseeing Department of State coordi21 nation with the Secretary of Defense, the Ad22 ministrator of the United States Agency for 

23 International Development (USAID), and the 

24 heads of other relevant Federal departments 


kjohnson on DSK79L0C42 with BILLS
145 

HR 3352 RFS

1 and agencies on all matters relating to security 

2 assistance. 

3 (b) OFFICE OF SECURITY ASSISTANCE.— 

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

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

6 shall designate an existing office or establish a new 

7 office to be the Office of Security Assistance (in this 

8 subtitle referred to as the ‘‘Office’’), which shall re9 port to an Under Secretary who is a member of the 

10 Working Group. 

11 (2) COORDINATOR.—The head of the Office 

12 shall be the Coordinator for Security Assistance (in 

13 this subtitle referred to as the ‘‘Coordinator’’), who 

14 shall be an individual of demonstrated competency in 

15 the fields of security assistance and international di16 plomacy. 

17 (3) DUTIES.—The duties of the Coordinator 

18 shall include— 

19 (A) within the Department and across 

20 United States diplomatic posts— 

21 (i) guiding and supporting security as22 sistance; 

23 (ii) advising the Working Group on all 

24 matters relating to security assistance; 


kjohnson on DSK79L0C42 with BILLS
146 

HR 3352 RFS

1 (iii) establishing the framework de2 scribed in section 813(a); 

3 (iv) coordinating the assessment, mon4 itoring, and evaluation program established 

5 under section 813(c); and 

6 (v) maintaining the common database 

7 described in section 814(a); and 

8 (B) acting as a Department of State point 

9 of contact with the Department of Defense, the 

10 United States Agency for International Devel11 opment (USAID), and other relevant Federal 

12 departments and agencies on all matters relat13 ing to security assistance. 

14 (c) COORDINATION WITHIN DEPARTMENT.— 

15 (1) DESIGNATION.—Not later than 1 year after 

16 the date of the enactment of this Act, and subject 

17 to paragraph (2), the head of each bureau of the 

18 Department that is involved in directing or imple19 menting security assistance shall designate an officer 

20 of such bureau to be responsible for coordinating the 

21 responsibilities of such bureau with respect to secu22 rity assistance. 

23 (2) NON-ELIGIBILITY.—An officer of a bureau 

24 of the Department shall not be eligible to be des25 ignated pursuant to paragraph (1) if the officer is 


kjohnson on DSK79L0C42 with BILLS
147 

HR 3352 RFS

1 responsible for conducting human rights vetting pur2 suant to 620M of the Foreign Assistance Act of 

3 1961 (22 U.S.C. 2378d). 

4 (3) TRAINING.—Each individual designated 

5 pursuant to paragraph (1) shall successfully com6 plete the training described in section 812. 

7 (d) COORDINATION WITHIN UNITED STATES DIPLO8 MATIC POSTS.— 

9 (1) DESIGNATION.—Not later than 1 year after 

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

11 mission of the United States in a foreign country 

12 that receives security assistance shall designate a 

13 senior diplomatic officer at the embassy or highest 

14 ranking diplomatic post if no embassy exists in the 

15 foreign country to be responsible for coordinating se16 curity assistance for the foreign country. 

17 (2) DUTIES.—The senior diplomatic officer des18 ignated pursuant to paragraph (1) shall be respon19 sible for— 

20 (A) overseeing personnel and activities of 

21 Federal departments and agencies at the rel22 evant embassy or diplomatic post with respect 

23 to the provision of security assistance for the 

24 country; and 


kjohnson on DSK79L0C42 with BILLS
148 

HR 3352 RFS

1 (B) ensuring implementation of section 

2 620M of the Foreign Assistance Act of 1961 

3 (22 U.S.C. 2378d) and section 362 of title 10, 

4 United States Code, with respect to the coun5 try. 

6 (3) TRAINING.—Each individual designated 

7 pursuant to paragraph (1) shall successfully com8 plete the training described in section 812. 

9 (e) PLAN FOR ORGANIZATIONAL STRUCTURE.— 

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

11 after the date of the enactment of this Act, the Sec12 retary shall submit to the Committee on Foreign Af13 fairs of the House of Representatives and the Com14 mittee on Foreign Relations of the Senate a plan for 

15 the organizational structure of the Department re16 lating to security assistance programs. 

17 (2) MATTERS TO BE INCLUDED.—The plan re18 quired under paragraph (1) shall include the fol19 lowing: 

20 (A) An identification of each bureau and 

21 office of the Department that carries out func22 tions relating to planning, coordination, integra23 tion, implementation, or evaluation of security 

24 assistance, a description of the organizational 

25 hierarchy and decision-making processes used 


kjohnson on DSK79L0C42 with BILLS
149 

HR 3352 RFS

1 to coordinate across such bureaus and offices 

2 and with United States diplomatic posts and 

3 other Federal departments and agencies, and a 

4 description of how the Working Group and the 

5 Coordinator will facilitate coordination among 

6 each such bureau and office. 

7 (B) A description of— 

8 (i) the reasons for— 

9 (I) designating an existing office 

10 or establishing a new office to serve as 

11 the Office; and 

12 (II) selecting the Under Sec13 retary to which the Office will report; 

14 (ii) the organizational structure of the 

15 Office; 

16 (iii) the specific mechanisms through 

17 which the Working Group and Coordinator 

18 could improve coordination among bureaus 

19 and offices of the Department involved in 

20 the planning or implementation of security 

21 assistance programs and activities; and 

22 (iv) the process by which the require23 ment for training described in section 812 

24 will be fulfilled. 


kjohnson on DSK79L0C42 with BILLS
150 

HR 3352 RFS

1 (C) The benefits, feasibility, and steps nec2 essary to detail personnel— 

3 (i) on a reimbursable basis from the 

4 relevant bureaus and offices of the Depart5 ment to provide staff to the Office; and 

6 (ii) from USAID, the Department of 

7 Defense, and other relevant Federal de8 partments and agencies to provide staff to 

9 the Office. 

10 (D) An identification of lessons learned 

11 from the Security Governance Initiative (SGI), 

12 an assessment of the utility of expanding the 

13 SGI or a similar initiative globally, and a de14 scription of where best to locate the SGI or 

15 similar initiative within the Department. 

16 (E) An identification of an appropriate bu17 reau or office of the Department, whose head 

18 does not report to the Under Secretary de19 scribed in subsection (b)(1), to select and retain 

20 the independent research entity described in 

21 section 813(c)(4). 

22 (F) A list of recommendations for any ad23 ditional legislative measures necessary to im24 prove the capacity and capabilities of the DeVerDate Sep 11 2014 22:44 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00150 Fmt 6652 Sfmt 6201 E:\BILLS\H3352.RFS H3352

kjohnson on DSK79L0C42 with BILLS
151 

HR 3352 RFS

1 partment to plan and implement security assist2 ance programs and activities. 

3 (3) FORM.—The plan required under paragraph 

4 (1) shall be submitted in unclassified form, but may 

5 include a classified annex if necessary. 

6 (4) CONSULTATION.—Not later than 90 days 

7 after the date of the enactment of this Act, the Sec8 retary shall consult with the Committee on Foreign 

9 Affairs of the House of Representatives and the 

10 Committee on Foreign Relations of the Senate re11 garding the development and implementation of the 

12 plan required under paragraph (1). 

13 SEC. 812. WORKFORCE DEVELOPMENT. 

14 Not later than 180 days after the date of the enact15 ment of this Act, the Secretary shall carry out the fol16 lowing: 

17 (1) Establish curriculum at the Department’s 

18 Foreign Service Institute to provide employees of the 

19 Department of State with specialized training with 

20 respect to security assistance. The training should 

21 be aligned with the Security Cooperation Workforce 

22 Development Program and developed in coordination 

23 with the Defense Security Cooperation Agency, in24 cluding through an agreement under section 1535(a) 

25 of title 31, United States Code (commonly referred 


kjohnson on DSK79L0C42 with BILLS
152 

HR 3352 RFS

1 to as the ‘‘Economy Act’’) or any other appropriate 

2 agency-specific authority. The training shall include 

3 the following: 

4 (A) Awareness of the full range of agen5 cies, offices, personnel, statutory authorities, 

6 funds, and programs involved in security assist7 ance and transfers and the respective decision8 making timelines. 

9 (B) Familiarity with relevant military and 

10 police security force systems and structures and 

11 institutions at the time such training is occur12 ring. 

13 (C) Familiarity with security assistance re14 form, research regarding options for improve15 ment, and United States interagency and exter16 nal resources and experts. 

17 (D) Familiarity with planning, implemen18 tation, and monitoring and evaluation for pro19 grammatic activities. 

20 (E) Familiarity with implementation of— 

21 (i) section 620M of the Foreign As22 sistance Act of 1961 (22 U.S.C. 2378d) 

23 and section 362 of title 10, United States 

24 Code; 


kjohnson on DSK79L0C42 with BILLS
153 

HR 3352 RFS

1 (ii) arms transfer requirements under 

2 the Arms Export Control Act (22 U.S.C. 

3 2751 et seq.); and 

4 (iii) best practices related to human 

5 rights and civilian protection. 

6 (F) Awareness of common risks to effec7 tiveness of security assistance, including corrup8 tion, political instability, and challenges relating 

9 to absorptive capacity, partner commitment, 

10 and transparency. 

11 (2) Coordinate with the Secretary of Defense, 

12 to the extent feasible, to ensure that, in addition to 

13 the training described paragraph (1), individuals 

14 who serve in priority recipient countries or countries 

15 that do not meet baseline norms of governance, as 

16 determined by the Under Secretary for purposes of 

17 subsections (d)(1) and (d)(4) of section 813, obtain 

18 higher-level certification through the Defense Secu19 rity Cooperation Agency’s Defense Institute of Secu20 rity Cooperation Studies or through a commensurate 

21 program developed at the Department’s Foreign 

22 Service Institute prior to serving at the United 

23 States diplomatic post in such country. 


kjohnson on DSK79L0C42 with BILLS
154 

HR 3352 RFS

1 SEC. 813. SECURITY ASSISTANCE PLANNING. 

2 (a) FRAMEWORK AND STANDARDS FOR SECURITY

3 ASSISTANCE.—Not later than 18 months after the date 

4 of the enactment of this Act, the Coordinator shall create 

5 and submit to the Committee on Foreign Affairs of the 

6 House of Representatives and the Committee on Foreign 

7 Relations of the Senate a framework to be used by rel8 evant bureaus and diplomatic posts to guide regional and 

9 country-specific planning, such as joint regional strategies 

10 or integrated country strategies, with respect to security 

11 assistance. Such framework shall include the following: 

12 (1) Identification and prioritization of overall 

13 goals and objectives for security assistance, in ac14 cordance with the relevant National Security Strat15 egy. 

16 (2) Criteria for— 

17 (A) determining the commitment and polit18 ical will of countries receiving assistance to use 

19 such assistance in a manner that achieves 

20 United States objectives; 

21 (B) identifying opportunities and risks cre22 ated by the provision of security assistance; and 

23 (C) tailoring and sequencing such assist24 ance accordingly. 

25 (3) Guidance for— 


kjohnson on DSK79L0C42 with BILLS
155 

HR 3352 RFS

1 (A) incorporating the assessment, moni2 toring, and evaluation program described in 

3 subsection (c) into the strategic planning cycle; 

4 (B) increasing coordination, as appro5 priate, with other major international donors to 

6 maximize resources and unity of efforts; 

7 (C) aligning the security assistance pro8 grams, projects, and activities of the Depart9 ment with other United States goals of engage10 ment with foreign countries, such as the pro11 motion of democracy, human rights, govern12 ance, and economic growth, as well as with 

13 other United States assistance authorities, re14 sources, programmatic capabilities, and activi15 ties; and 

16 (D) assessing the impact on Department 

17 security assistance objectives, programs, and 

18 activities of United States military activities in 

19 the country or region covered by country or re20 gional strategy, including the number of United 

21 States forces deployed, the duration of deploy22 ment, the purpose for which they were de23 ployed, and the authority under which they are 

24 operating. 


kjohnson on DSK79L0C42 with BILLS
156 

HR 3352 RFS

1 (4) Metrics for assessing the effectiveness of se2 curity assistance in— 

3 (A) increasing the operational access and 

4 influence of the United States; 

5 (B) improving partner capacity and com6 mitment to countering shared threats and in7 creased burden sharing, including in ways that 

8 enable reallocation of United States military de9 ployments to other high priority missions; 

10 (C) reducing the underlying drivers of 

11 state fragility; and 

12 (D) contributing to the maintenance of ex13 isting peace treaties between recipients of as14 sistance. 

15 (5) A process to ensure that transfers regulated 

16 by the Department that are outside the scope of se17 curity assistance, such as certain direct commercial 

18 sales, are factored into— 

19 (A) the implementation of the assessment, 

20 monitoring, and evaluation program described 

21 in subsection (c); and 

22 (B) the planning process described in sub23 section (d). 


kjohnson on DSK79L0C42 with BILLS
157 

HR 3352 RFS

1 (b) DEFINITIONS PROMULGATED BY THE WORKING

2 GROUP.—Not later than 18 months after the date of the 

3 enactment of this Act, the Working Group shall— 

4 (1) in consultation with the Coordinator and 

5 bureaus and offices of the Department that are in6 volved in the planning, coordination, integration, im7 plementation, or evaluation of security assistance, 

8 develop and promulgate a definition of the level of 

9 security assistance programs, projects, or activities 

10 that mark a country as a recipient of ‘‘significant’’ 

11 security assistance to merit inclusion in the assess12 ment, monitoring, and evaluation process described 

13 in subsection (c); and 

14 (2) in consultation with the Coordinator, the 

15 Bureau of Democracy , Human Rights, and Labor, 

16 and the heads of other relevant bureaus of the De17 partment, develop and promulgate a definition of 

18 baseline norms for governance and the rule of law, 

19 including a rubric to assess whether a recipient of 

20 security assistance is abiding by such baseline. 

21 (c) ASSESSMENT, MONITORING, AND EVALUATION.— 

22 (1) IN GENERAL.—Not later than 18 months 

23 after the date of the enactment of this Act, the Co24 ordinator shall develop an assessment, monitoring, 

25 and evaluation program to be conducted for any 


kjohnson on DSK79L0C42 with BILLS
158 

HR 3352 RFS

1 country receiving significant security assistance, as 

2 defined in accordance with subsection (b)(1). 

3 (2) ELEMENTS.—The program described in 

4 paragraph (1) shall include each of the following ele5 ments: 

6 (A) Baseline assessments that consider 

7 factors, including— 

8 (i) recipient country threat percep9 tions and the manner in which such per10 ceptions may inform the use of security as11 sistance; 

12 (ii) the recipient’s approach to govern13 ance and commitment to rule of law, in14 cluding the transparency and account15 ability of security forces, and the manner 

16 in which such approach is likely to be in17 fluenced by security assistance; 

18 (iii) the recipient’s capacity to absorb 

19 the security assistance given and to achieve 

20 the objectives of such assistance; 

21 (iv) the human rights record of the re22 cipient, including for purposes of section 

23 620M of the Foreign Assistance Act of 

24 1961 (22 U.S.C. 2378d) and section 362 

25 of title 10, United States Code, and any 


kjohnson on DSK79L0C42 with BILLS
159 

HR 3352 RFS

1 relevant attempts by such recipient to rem2 edy such record; 

3 (v) country- or region-specific oppor4 tunities and risks that could enhance or 

5 impair the outcomes associated with pro6 viding security assistance; and 

7 (vi) indicators of efficacy for security 

8 assistance programs, projects, and activi9 ties, for purposes of planning, monitoring, 

10 and evaluation. 

11 (B) Monitoring implementation of security 

12 assistance programs, projects, and activities to 

13 measure progress toward achieving specific tar14 gets, metrics, or indicators, as well as desired 

15 outcomes. 

16 (C) Evaluation of the efficiency and effec17 tiveness of security assistance in achieving de18 sired outcomes. 

19 (D) Identification of lessons learned in car20 rying out security assistance and recommenda21 tions for improving future assistance. 

22 (3) OVERSIGHT AND FRAMEWORK.—The Coor23 dinator shall guide and support, in coordination with 

24 relevant regional and functional bureaus, the assessVerDate Sep 11 2014 22:44 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00159 Fmt 6652 Sfmt 6201 E:\BILLS\H3352.RFS H3352

kjohnson on DSK79L0C42 with BILLS
160 

HR 3352 RFS

1 ment and monitoring described in paragraph (1) and 

2 shall create a common evaluation framework. 

3 (4) INDEPENDENT RESEARCH ENTITY.—Not 

4 later than 18 months after the date of the enact5 ment of this Act, the Secretary shall enter into a 

6 contract with an independent research entity, such 

7 as a federally funded research and development cen8 ter or other non-profit entity, that demonstrates ap9 propriate expertise and analytical capability to evalu10 ate the capacity of security assistance to achieve de11 sired outcomes in accordance with the framework 

12 created pursuant to paragraph (3). 

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

14 Congress that the ability of the Department to 

15 measure and assess the effects of United States se16 curity assistance programs and activities on govern17 ance, rule of law, professionalism of recipient secu18 rity forces, and institutional capacity weaknesses of 

19 recipient security forces would benefit from the in20 creased availability of independent research and 

21 data. 

22 (d) SECURITY ASSISTANCE PLANNING.— 

23 (1) PRIORITIZATION.—Not later than 2 years 

24 after the date of the enactment of this Act, and an25 nually thereafter, the Working Group shall develop 


kjohnson on DSK79L0C42 with BILLS
161 

HR 3352 RFS

1 a list of priority recipient countries to receive secu2 rity assistance, on the basis of policy objectives de3 termined by the Department, and submit such infor4 mation in accordance with subsection (f). 

5 (2) INCLUSION IN REGIONAL AND COUNTRY

6 STRATEGIES.—Any comprehensive regional strategy, 

7 such as a joint regional strategy or its equivalent, 

8 and any country strategy, such as an integrated 

9 country strategy or its equivalent, that is produced 

10 on or after the date that is 2 years after the date 

11 of the enactment of this Act, and each successor 

12 strategy to such strategy, shall integrate security as13 sistance planning in a manner that incorporates the 

14 elements of the framework created pursuant to sub15 section (a) and include an annex relating to security 

16 assistance, which shall include— 

17 (A) the assessment, monitoring, and eval18 uation metrics described in subsection (c); 

19 (B) requests to allocate security assistance 

20 with respect to the area covered by the strategy; 

21 and 

22 (C) a description of the manner in which 

23 such resources will be used. 

24 (3) COORDINATION OF RESOURCES.—In devel25 oping annexes relating to security assistance for inVerDate Sep 11 2014 22:44 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 E:\BILLS\H3352.RFS H3352

kjohnson on DSK79L0C42 with BILLS
162 

HR 3352 RFS

1 clusion in comprehensive regional strategies or coun2 try strategies in accordance with paragraph (2), the 

3 relevant bureau, office, or diplomatic post shall co4 ordinate with— 

5 (A) the Office; 

6 (B) the Office of Foreign Assistance Re7 sources, or an equivalent entity in the Depart8 ment, regarding the allocation of resources in 

9 line with priorities of the Department of State 

10 for security assistance; and 

11 (C) the Department of Defense and other 

12 Federal departments and agencies that provide 

13 security assistance, security cooperation, or 

14 other forms of foreign assistance. 

15 (4) SECURITY ASSISTANCE, GOVERNANCE, AND

16 RULE OF LAW.—Not later than 2 years after the 

17 date of the enactment of this Act, any annex relat18 ing to security assistance described in paragraph (2) 

19 that is included in a country strategy shall include 

20 an assessment by the Under Secretary responsible 

21 for civilian security, democracy, and human rights 

22 whether such country abides by baseline norms for 

23 governance and the rule of law using the rubric pro24 mulgated in accordance with subsection (b)(2). A se25 curity assistance annex developed in accordance with 


kjohnson on DSK79L0C42 with BILLS
163 

HR 3352 RFS

1 paragraph (2) for a country receiving a negative de2 termination shall also include the following: 

3 (A) Reforms the recipient could undertake, 

4 where practicable, to improve governance and 

5 rule of law in order to create more effective se6 curity. 

7 (B) Conditions, which may also be included 

8 in the compacts described in subsection (e), 

9 under which the United States might— 

10 (i) expand or increase security assist11 ance upon verifiable progress made toward 

12 such reforms; and 

13 (ii) restrict or end security assistance 

14 as a result of lack of progress toward such 

15 reforms or further deterioration of norms 

16 for governance or the rule of law. 

17 (C) An assessment of the benefits and like18 lihood of reaching agreement with the recipient 

19 country to devote 1 percent of the total value 

20 of all security assistance to such country for 

21 training in-country civilian professionals on 

22 methods to evaluate the fiscal and functional ef23 fectiveness of the security institutions in such 

24 country. 


kjohnson on DSK79L0C42 with BILLS
164 

HR 3352 RFS

1 (D) The manner in which security assist2 ance will be used to improve governance, rule of 

3 law, and human rights reforms in such country. 

4 (E) Steps to ensure consultation with the 

5 national legislature and with civil society groups 

6 that operate in such country on the provision of 

7 security assistance, including for the formula8 tion of a compact in accordance with subsection 

9 (e)(2). 

10 (e) SECURITY ASSISTANCE COMPACTS.— 

11 (1) IN GENERAL.—Not later than 2 years after 

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

13 shall seek to enter into multi-year compacts where 

14 appropriate with the governments of countries that 

15 receive security assistance. Such compacts should in16 clude the following elements: 

17 (A) A joint diagnosis of the strengths and 

18 challenges of the recipient country’s security in19 stitutions, including priority capacity and capa20 bility requirements. 

21 (B) A plan for bilateral security assistance 

22 and cooperation that includes— 

23 (i) a commitment by the recipient 

24 specifying the manner in which security asVerDate Sep 11 2014 22:44 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00164 Fmt 6652 Sfmt 6201 E:\BILLS\H3352.RFS H3352

kjohnson on DSK79L0C42 with BILLS
165 

HR 3352 RFS

1 sistance will be used, within a defined 

2 timeframe; 

3 (ii) plans for sustainment by the re4 cipient of any capacity or capabilities built 

5 as a result of such assistance; and 

6 (iii) mutually agreed oversight mecha7 nisms for security assistance and metrics, 

8 to determine whether such assistance is ac9 complishing the agreed-upon objectives. 

10 (2) SPECIAL PROVISIONS.—If the Under Sec11 retary described in subsection (d)(3) assesses that a 

12 country is not abiding by baseline norms for govern13 ance or the rule of law, a compact under this sub14 section with such country should, where practicable, 

15 be formulated in consultation with the national legis16 lature and domestic civil society groups and include 

17 mutually agreed upon reforms and conditions based 

18 on those established as a result of such determina19 tion in accordance with subsection (d)(4). 

20 (f) REPORTING REQUIREMENTS.—Beginning 3 years 

21 after the date of the enactment of this Act and annually 

22 thereafter, the Secretary shall include with any materials 

23 submitted in support of the budget for that fiscal year that 

24 is submitted to Congress by the President under section 


kjohnson on DSK79L0C42 with BILLS
166 

HR 3352 RFS

1 1105(a) of title 31 an unclassified report, that may in2 clude a classified annex, with the following: 

3 (1) A list of priority security assistance recipi4 ents, along with descriptions of the policy objectives 

5 that the Secretary seeks to achieve by providing 

6 such assistance to such recipients, developed pursu7 ant to subsection (d)(1). 

8 (2) A description of the results of the evalua9 tions conducted pursuant to subsection (c)(4). 

10 (3) A description of the manner in which the 

11 Department will allocate, monitor, and evaluate all 

12 security assistance pursuant to the program de13 scribed in subsection (c) and the planning process 

14 described in subsection (d). 

15 (4) A description of any updates made during 

16 the previous year to the framework described in sub17 section (d)(1) and annex relating to security assist18 ance required under subsection (d)(2). 

19 (5) The status and impact on United States ob20 jectives of any compacts entered into in accordance 

21 with subsection (e) and of any ongoing efforts to 

22 enter into new compacts in accordance with such 

23 subsection. 


kjohnson on DSK79L0C42 with BILLS
167 

HR 3352 RFS

1 SEC. 814. INTERAGENCY COORDINATION OF SECURITY AS2 SISTANCE, TRANSFERS, AND SECURITY CO3 OPERATION. 

4 (a) CREATION OF A COMMON DATABASE.—Not later 

5 than 2 years after the date of the enactment of this Act, 

6 the Secretary, in coordination with the Secretary of De7 fense and other appropriate Federal departments and 

8 agencies, shall maintain a common database of informa9 tion to permit the identification of security assistance pro10 grams, funding, and transfers by recipient country. 

11 (b) COORDINATION WITH THE DEPARTMENT OF DE12 FENSE.— 

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

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

15 in coordination with the Secretary of Defense, shall 

16 submit a report to the appropriate congressional 

17 committees that assesses existing mechanisms, in18 cluding provisions under title 10, United States 

19 Code, that require the concurrence of the Secretary 

20 of State, and other applicable provisions of law that 

21 provide for coordination between security assistance 

22 programs, projects, and activities of the Department 

23 of State and security cooperation programs, projects, 

24 and activities of the Department of Defense that in25 cludes the following: 


kjohnson on DSK79L0C42 with BILLS
168 

HR 3352 RFS

1 (A) An identification of existing coordina2 tion mechanisms for planning, executing, and 

3 overseeing security assistance and security co4 operation programs, projects, and activities, the 

5 purpose of such mechanisms, and their efficacy 

6 in practice. 

7 (B) An identification of additional meas8 ures that would improve the speed, simplicity, 

9 or agility of each identified mechanism, with a 

10 focus on mechanisms requiring the concurrence 

11 of the Secretary. 

12 (C) An identification of any programs, au13 thorities, or resources that do not require co14 ordination under existing law. 

15 (D) An identification of the specific mecha16 nisms to improve coordination between Depart17 ment of State bureaus and offices involved in 

18 planning, executing, or overseeing security as19 sistance programs and activities and the United 

20 States combatant command or commands rel21 evant to such bureaus and offices. 

22 (E) An assessment of the advisability and 

23 feasibility of expanding existing mechanisms or 

24 establishing new mechanisms to detail employ25 ees from Department of State bureaus and ofVerDate Sep 11 2014 22:44 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00168 Fmt 6652 Sfmt 6201 E:\BILLS\H3352.RFS H3352

kjohnson on DSK79L0C42 with BILLS
169 

HR 3352 RFS

1 fices involved in planning, executing, or over2 seeing security assistance programs and activi3 ties to United States combatant commands and 

4 from the Department of Defense to such De5 partment of State bureaus and offices for the 

6 purpose of improving coordination on security 

7 assistance planning and implementation. 

8 (2) APPROPRIATE CONGRESSIONAL COMMIT9 TEES DEFINED.—In this subsection, the term ‘‘ap10 propriate congressional committees’’ means— 

11 (A) the Committee on Foreign Affairs and 

12 the Committee on Armed Services of the House 

13 of Representatives; and 

14 (B) the Committee on Foreign Relations 

15 and the Committee on Armed Services of the 

16 Senate. 

17 (c) SENSE OF CONGRESS.—It is the sense of Con18 gress that the Secretary of State and the Secretary of De19 fense should jointly establish a pilot program to evaluate 

20 the advisability and feasibility of a joint entity to conduct 

21 collaborative planning of security assistance and security 

22 cooperation. The pilot program should— 

23 (1) establish one or more joint planning cells to 

24 conduct collaborative planning between the Depart25 ment of State and the Department of Defense for 


kjohnson on DSK79L0C42 with BILLS
170 

HR 3352 RFS

1 security assistance and security cooperation pro2 grams, projects, and activities in a specific region or 

3 regions; 

4 (2) assign personnel from relevant offices and 

5 agencies within each Department to staff the joint 

6 planning cell or cells; and 

7 (3) assess the advantages and disadvantages of 

8 collaborative interagency planning of security assist9 ance, and determine whether there are organiza10 tional, legal, policy, or resource barriers to broader 

11 adoption of such a model. 

12 SEC. 815. RULE OF CONSTRUCTION. 

13 Nothing in this subtitle shall affect the implementa14 tion of subsection (h) of section 36 of the Arms Export 

15 Control Act (22 U.S.C. 2776). 

16 Subtitle B—Foreign Military 

17 Assistance 

18 SEC. 821. STRATEGIC ALLOCATION OF EXCESS DEFENSE 

19 ARTICLES. 

20 (a) IN GENERAL.—Section 516 of the Foreign Assist21 ance Act of 1961 (22 U.S.C. 2321j), is amended— 

22 (1) in subsection (b)— 

23 (A) by striking ‘‘(1) The President’’ and 

24 inserting ‘‘The President’’; 


kjohnson on DSK79L0C42 with BILLS
171 

HR 3352 RFS

1 (B) by redesignating subparagraphs (A) 

2 through (F) as paragraphs (1) through (6), re3 spectively, and moving the margins of each such 

4 paragraph 2 ems to the left; and 

5 (C) by striking ‘‘(2) Accordingly,’’ and all 

6 that follows through ‘‘1990.’’; 

7 (2) in subsection (c)— 

8 (A) by striking paragraph (2) and insert9 ing the following: 

10 ‘‘(2) PRIORITY.—Notwithstanding any other 

11 provision of law, excess defense articles under this 

12 section shall be transferred in accordance with 

13 United States foreign policy, including national secu14 rity priorities as jointly determined by the Secretary 

15 of State, in consultation with the Secretary of De16 fense, to the maximum extent feasible.’’; and 

17 (B) by adding at the end the following: 

18 ‘‘(3) SUPPORTING COSTS.—The Department of 

19 State is authorized to expend funds available for se20 curity assistance for the refurbishment or upgrade of 

21 excess defense articles transferred under the author22 ity of this section and for training of foreign security 

23 forces directly in relation to excess defense articles 

24 transferred under the authority of this section, if— 


kjohnson on DSK79L0C42 with BILLS
172 

HR 3352 RFS

1 ‘‘(A) such assistance is necessary to ad2 vance the national security objectives of the 

3 United States in relation to the recipient coun4 try or countries; and 

5 ‘‘(B) such costs do not exceed $10 million 

6 in relation to a single transfer of excess defense 

7 articles under this section.’’; 

8 (3) in subsection (f)(1), by striking 

9 ‘‘$7,000,000’’ and inserting ‘‘$25,000,000’’; and 

10 (4) in subsection (g)(1), by striking 

11 ‘‘$500,000,000’’ and inserting ‘‘$600,000,000’’. 

12 SEC. 822. MODIFICATION OF PURPOSES FOR WHICH MILI13 TARY SALES BY THE UNITED STATES ARE AU14 THORIZED. 

15 Section 4 of the Arms Export Control Act (22 U.S.C. 

16 2754) is amended in the first sentence by striking ‘‘inter17 nal security’’ and inserting ‘‘legitimate internal security 

18 (including for anti-terrorism purposes)’’. 

19 SEC. 823. RETURN OF DEFENSE ARTICLES. 

20 Section 21(m)(1)(B) of the Arms Export Control Act 

21 (22 U.S.C. 2761(m)(1)(B)) is amended— 

22 (1) by striking ‘‘(B) is not’’ and inserting 

23 ‘‘(B)(i) is not’’; 

24 (2) by striking ‘‘; and’’ and inserting ‘‘; or’’; 

25 and 


kjohnson on DSK79L0C42 with BILLS
173 

HR 3352 RFS

1 (3) by adding at the end the following: 

2 ‘‘(ii) is significant military equipment (as 

3 defined in section 47(9) of this Act) and the 

4 Secretary of State has provided prior approval 

5 of the return of such defense article from the 

6 foreign country or international organization; 

7 and’’. 

8 SEC. 824. REQUIREMENTS RELATING TO EXEMPTIONS FOR 

9 LICENSING OF DEFENSE ITEMS. 

10 Section 38(j) of the Arms Export Control Act (22 

11 U.S.C. 2778(j)) is amended— 

12 (1) in the subsection heading— 

13 (A) by striking ‘‘COUNTRY’’; and 

14 (B) by striking ‘‘TO FOREIGN COUN15 TRIES’’; 

16 (2) in paragraph (1)(A)— 

17 (A) in the matter preceding clause (i)— 

18 (i) by striking ‘‘a foreign country’’ 

19 and inserting ‘‘the North Atlantic Treaty 

20 Organization, any member country of that 

21 Organization, the Republic of Korea, Aus22 tralia, New Zealand, Japan, or Israel’’; 

23 (ii) by inserting ‘‘(except that the 

24 President may not so exempt such Organi25 zation, member country, or other country 


kjohnson on DSK79L0C42 with BILLS
174 

HR 3352 RFS

1 that is not eligible to acquire defense items 

2 under any other provision of law)’’ after 

3 ‘‘with respect to exports of defense items’’; 

4 and 

5 (iii) by striking ‘‘the foreign country’’ 

6 and inserting ‘‘such Organization, member 

7 country, or other country’’; and 

8 (B) in clause (ii)— 

9 (i) by striking ‘‘the foreign country’’ 

10 and inserting ‘‘such Organization, member 

11 country, or other country’’; and 

12 (ii) by striking ‘‘under their domestic 

13 laws’’; 

14 (3) in paragraph (2)— 

15 (A) in subparagraph (A)— 

16 (i) in the matter preceding clause 

17 (i)— 

18 (I) by striking ‘‘, at a min19 imum,’’; 

20 (II) by striking ‘‘the foreign 

21 country’’ and inserting ‘‘the Organiza22 tion, member country, or other coun23 try referred to in paragraph (1)’’; and 

24 (III) by striking ‘‘to revise its 

25 policies and practices, and promulgate 


kjohnson on DSK79L0C42 with BILLS
175 

HR 3352 RFS

1 or enact necessary modifications to its 

2 laws and regulations to establish’’ and 

3 inserting ‘‘to establish and maintain’’; 

4 (ii) in clause (i), by striking ‘‘the for5 eign country’’ and inserting ‘‘such Organi6 zation, member country, or other country’’; 

7 and 

8 (iii) in clause (ii), by striking ‘‘re9 transfer control commitments, including 

10 securing’’ and inserting ‘‘retransfer con11 trols that secure’’; 

12 (B) in subparagraph (B)— 

13 (i) in the matter preceding clause 

14 (i)— 

15 (I) by striking ‘‘, at a min16 imum,’’; 

17 (II) by striking ‘‘the foreign 

18 country’’ and inserting ‘‘the Organiza19 tion, member country, or other coun20 try referred to in paragraph (1)’’; and 

21 (III) by striking ‘‘to revise its 

22 policies and practices, and promulgate 

23 or enact necessary modifications to its 

24 laws and regulations’’; and 


kjohnson on DSK79L0C42 with BILLS
176 

HR 3352 RFS

1 (ii) in clause (iv), by striking ‘‘the for2 eign country’’ and inserting ‘‘the member 

3 country or other country’’; and 

4 (4) in paragraph (3)— 

5 (A) in the matter preceding subparagraph 

6 (A), by striking ‘‘a foreign country’’ and insert7 ing ‘‘the Organization, member country, or 

8 other country referred to in paragraph (1)’’; 

9 (B) in subparagraph (A), by striking ‘‘that 

10 foreign country’’ and inserting ‘‘such Organiza11 tion, member country, or other country’’; 

12 (C) in subparagraph (B)— 

13 (i) by striking ‘‘the foreign country’’ 

14 and inserting ‘‘such Organization, member 

15 country, or other country’’; and 

16 (ii) by striking ‘‘has promulgated or 

17 enacted all necessary modifications to its 

18 laws and regulations to comply’’ and in19 serting ‘‘has taken such actions to com20 ply’’; and 

21 (D) in subparagraph (C)— 

22 (i) by striking ‘‘a foreign country’’ 

23 and inserting ‘‘such Organization, member 

24 country, or other country’’; and 


kjohnson on DSK79L0C42 with BILLS
177 

HR 3352 RFS

1 (ii) by striking ‘‘that country’’ and in2 serting ‘‘such Organization, member coun3 try, or other country’’. 

4 SEC. 825. AMENDMENT TO GENERAL PROVISIONS. 

5 Section 42(a) of the Arms Export Control Act (22 

6 U.S.C. 2791(a)) is amended in the first sentence by insert7 ing ‘‘on a competitive basis’’ after ‘‘procurement in the 

8 United States’’. 

9 SEC. 826. TECHNICAL AMENDMENTS TO ARMS EXPORT 

10 CONTROL ACT. 

11 Section 36(b)(6) of the Arms Export Control Act (22 

12 U.S.C. 2776(b)(6)) is amended by inserting ‘‘the North 

13 Atlantic Treaty Organization or’’ before ‘‘a member coun14 try’’. 

15 SEC. 827. SENSE OF CONGRESS ON LICENSING UNDER 

16 UNITED STATES ARMS EXPORT CONTROL 

17 PROGRAMS. 

18 It is the sense of Congress that, in implementing re19 forms of United States arms export licensing regimes, the 

20 President should prioritize the development of a new 

21 framework to improve and streamline licensing, including 

22 by seeking to revise the Special Comprehensive Export Au23 thorizations for exports to the North Atlantic Treaty Or24 ganization, any member country of that Organization, 

25 Sweden, or any other country described in section 


kjohnson on DSK79L0C42 with BILLS
178 

HR 3352 RFS

1 36(c)(2)(A) of the Arms Export Control Act (22 U.S.C. 

2 2776(c)(2)(A)) under section 126.14 of title 15, Code of 

3 Federal Regulations (relating to the International Traffic 

4 in Arms Regulations). 

5 SEC. 828. EXTENSION OF WAR RESERVE STOCKPILE AU6 THORITY. 

7 (a) DEPARTMENT OF DEFENSE APPROPRIATIONS

8 ACT, 2005.—Section 12001(d) of the Department of De9 fense Appropriations Act, 2005 (Public Law 108–287; 

10 118 Stat. 1011) is amended by striking ‘‘2020’’ and in11 serting ‘‘2021’’. 

12 (b) STOCKPILING OF DEFENSE ARTICLES FOR FOR13 EIGN COUNTRIES.—Section 514(b)(2)(A) of the Foreign 

14 Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is 

15 amended by striking ‘‘and 2020’’ and inserting ‘‘2020, 

16 and 2021’’. 

17 SEC. 829. PEACEKEEPING OPERATIONS AND OTHER NA18 TIONAL SECURITY PROGRAMS. 

19 (a) AUTHORITY.— 

20 (1) IN GENERAL.—Section 551 of the Foreign 

21 Assistance Act of 1961 (22 U.S.C. 2348) is amend22 ed— 

23 (A) in the first sentence, by striking ‘‘The 

24 President’’ and inserting ‘‘(a) The President’’; 

25 and 


kjohnson on DSK79L0C42 with BILLS
179 

HR 3352 RFS

1 (B) by adding at the end the following: 

2 ‘‘(b) Funds authorized to be appropriated under this 

3 chapter may also be used to provide assistance to enhance 

4 the capacity of foreign civilian security forces (as such 

5 term is defined in section 841(c) of the International Se6 curity Assistance Act of 2019) to participate in peace7 keeping and counterterrorism operations, and to promote 

8 greater participation of women in such peacekeeping oper9 ations. 

10 ‘‘(c) Funds authorized to be appropriated under this 

11 chapter to provide assistance to friendly foreign countries 

12 for purposes other than support for multilateral peace13 keeping operations shall be subject to the certification re14 quirements of section 36 of the Arms Export Control Act 

15 (22 U.S.C. 2776).’’. 

16 (2) DISARMAMENT AND REINTEGRATION.— 

17 (A) IN GENERAL.—Notwithstanding any 

18 other provision of law, funds authorized to be 

19 appropriated under any provision of law for 

20 peacekeeping operations may be made available 

21 to support programs to disarm, demobilize, and 

22 reintegrate into civilian society former members 

23 of foreign terrorist organizations, and to pro24 mote greater participation of women in such 

25 programs. 


kjohnson on DSK79L0C42 with BILLS
180 

HR 3352 RFS

1 (B) CONSULTATION.—The Secretary shall 

2 consult with the Committee on Foreign Affairs 

3 and the Committee on Appropriations of the 

4 House of Representatives and the Committee 

5 on Foreign Relations and the Committee on 

6 Appropriations of the Senate prior to obligating 

7 funds described in subparagraph (A). 

8 (C) DEFINITION.—In this paragraph, the 

9 term ‘‘foreign terrorist organization’’ means an 

10 organization designated as a terrorist organiza11 tion under section 219(a) of the Immigration 

12 and Nationality Act (8 U.S.C. 1189(a)). 

13 (b) NOTIFICATION.—The Secretary shall notify the 

14 Committee on Foreign Affairs and the Committee on Ap15 propriations of the House of Representatives and the 

16 Committee on Foreign Relations and the Committee on 

17 Appropriations of the Senate at least 15 days prior to obli18 gating funds under any provision of law for peacekeeping 

19 operations. 

20 (c) CONFORMING AMENDMENT.—The heading for 

21 chapter 6 of part II of the Foreign Assistance Act of 1961 

22 (22 U.S.C. 2348 et seq.) is amended by adding at the end 

23 the following: ‘‘AND OTHER NATIONAL SECURITY PRO24 GRAMS’’. 


kjohnson on DSK79L0C42 with BILLS
181 

HR 3352 RFS

1 SEC. 830. OTHER AMENDMENTS TO MILITARY ASSISTANCE 

2 AUTHORITIES. 

3 The Foreign Assistance Act of 1961 is amended as 

4 follows: 

5 (1) In section 516 (22 U.S.C. 2321j)— 

6 (A) in subsection (a), by striking ‘‘coun7 tries’’ and inserting ‘‘countries, regional organi8 zations, and international organizations’’; 

9 (B) in subsection (b)(5), as redesignated 

10 by section 821(a)(1)(B), by striking ‘‘countries’’ 

11 and inserting ‘‘countries, regional organizations, 

12 and international organizations’’; 

13 (C) in subsection (c)(1), by striking ‘‘re14 cipient country’’ and inserting ‘‘recipient coun15 try or organization’’; 

16 (D) in subsection (f)(2)— 

17 (i) in subparagraph (A), by striking 

18 ‘‘country’’ each place it appears and insert19 ing ‘‘country or organization’’; and 

20 (ii) in subparagraph (C), by striking 

21 ‘‘countries’’ and inserting ‘‘countries or or22 ganizations’’; and 

23 (E) in subsection (h), by striking ‘‘coun24 try’’ and inserting ‘‘country and organization’’. 

25 (2) In section 620M (22 U.S.C. 2378d)— 


kjohnson on DSK79L0C42 with BILLS
182 

HR 3352 RFS

1 (A) in subsection (d)(7), by striking ‘‘to 

2 the maximum extent practicable’’ and inserting 

3 ‘‘unless such disclosure would endanger the 

4 safety of human sources or reveal sensitive in5 telligence sources and methods’’; and 

6 (B) by adding at the end the following: 

7 ‘‘(e) REPORT.— 

8 ‘‘(1) IN GENERAL.—Not later than January 31 

9 of each year, the Secretary of State shall submit to 

10 the Committee on Foreign Affairs and the Com11 mittee on Appropriations of the House of Represent12 atives and the Committee on Foreign Relations and 

13 the Committee on Appropriations of the Senate, a 

14 report on the vetting process of units of security 

15 forces of foreign countries established to comply with 

16 this section. 

17 ‘‘(2) MATTERS TO BE INCLUDED.—The report 

18 required under paragraph (1) shall include the fol19 lowing: 

20 ‘‘(A) The total number of units submitted 

21 for vetting during the prior calendar year, and 

22 the number of such units that were approved, 

23 suspended, or rejected for human rights rea24 sons. 


kjohnson on DSK79L0C42 with BILLS
183 

HR 3352 RFS

1 ‘‘(B) The name of such units rejected dur2 ing the prior calendar year and a description of 

3 the steps taken to assist the government of the 

4 foreign country in bringing the responsible 

5 members of such units to justice, in accordance 

6 with subsection (c). 

7 ‘‘(C) An updated list of the units with re8 spect to which no assistance is to be furnished 

9 pursuant to subsection (a).’’. 

10 (3) In section 622(c) (22 U.S.C. 2382(c)), by 

11 inserting ‘‘law enforcement and justice sector assist12 ance,’’ before ‘‘military assistance,’’. 

13 (4) In section 656(a)(1) (22 U.S.C. 

14 2416(a)(1)), by striking ‘‘January 31’’ and inserting 

15 ‘‘March 1’’. 

16 SEC. 831. REPEAL OF REPORTS. 

17 (a) REPEAL OF ANNUAL REPORT ON WORLD MILI18 TARY EXPENDITURES AND ARMS TRANSFERS.—Section 

19 404 of the Arms Control and Disarmament Act (22 

20 U.S.C. 2593b) is hereby repealed. 

21 (b) REPEAL OF ANNUAL REPORT RELATING TO THE

22 COMMISSION ON SECURITY AND COOPERATION IN EU23 ROPE.—Section 5 of Public Law 94–304 (22 U.S.C. 3005) 

24 is hereby repealed. 


kjohnson on DSK79L0C42 with BILLS
184 

HR 3352 RFS

1 (c) REPEAL OF REPORT ON ASSISTANCE RELATING

2 TO INTERNATIONAL TERRORISM.—Section 502 of the 

3 International Security and Development Cooperation Act 

4 of 1985 (22 U.S.C. 2349aa–7) is amended— 

5 (1) by striking subsection (b); and 

6 (2) by redesignating subsection (c) as sub7 section (b). 

8 SEC. 832. DEFENSE TRADE CONTROLS REGISTRATION 

9 FEES. 

10 Section 45 of the State Department Basic Authorities 

11 Act of 1956 (22 U.S.C. 2717) is amended— 

12 (1) in the first sentence— 

13 (A) by inserting ‘‘defense trade controls’’ 

14 after ‘‘100 percent of the’’; and 

15 (B) by striking ‘‘the Office of Defense 

16 Trade Controls of’’; and 

17 (2) in the second sentence— 

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

19 by inserting ‘‘management, licensing, compli20 ance, and policy activities in the defense trade 

21 controls function, including’’ after ‘‘incurred 

22 for’’; 

23 (B) in paragraph (1), by striking ‘‘contract 

24 personnel to assist in’’; 


kjohnson on DSK79L0C42 with BILLS
185 

HR 3352 RFS

1 (C) in paragraph (2), by striking ‘‘and’’ at 

2 the end; 

3 (D) in paragraph (3), by striking the pe4 riod at the end and inserting a semicolon; and 

5 (E) by adding at the end the following: 

6 ‘‘(4) the facilitation of defense trade policy de7 velopment and implementation, review of commodity 

8 jurisdiction determinations, public outreach to indus9 try and foreign parties, and analysis of scientific and 

10 technological developments as they relate to the ex11 ercise of defense trade control authorities; and 

12 ‘‘(5) contract personnel to assist in such activi13 ties.’’. 

14 SEC. 833. WITHHOLDING OF ASSISTANCE TO UNITS OF FOR15 EIGN SECURITY FORCES THAT ENGAGED IN 

16 SEXUAL EXPLOITATION OR ABUSE IN PEACE17 KEEPING OPERATIONS. 

18 The Foreign Assistance Act of 1961 is amended by 

19 inserting after section 554 the following: 

20 ‘‘SEC. 555. WITHHOLDING OF ASSISTANCE TO UNITS OF 

21 FOREIGN SECURITY FORCES THAT ENGAGED 

22 IN SEXUAL EXPLOITATION OR ABUSE IN 

23 PEACEKEEPING OPERATIONS. 

24 ‘‘(a) IN GENERAL.—The Secretary of State should 

25 withhold assistance to any unit of the security forces of 


kjohnson on DSK79L0C42 with BILLS
186 

HR 3352 RFS

1 a foreign country if the Secretary has credible information 

2 that such unit has engaged in sexual exploitation or abuse, 

3 including while serving in a United Nations peacekeeping 

4 operation, until the Secretary determines that the govern5 ment of such country is taking effective steps to hold the 

6 responsible members of such unit accountable and to pre7 vent future incidents. 

8 ‘‘(b) NOTICE.—The Secretary of State— 

9 ‘‘(1) shall promptly notify the government of 

10 each country subject to any withholding of assist11 ance pursuant to this section; and 

12 ‘‘(2) shall notify the appropriate congressional 

13 committees of such withholding not later than 10 

14 days after a determination to withhold such assist15 ance is made. 

16 ‘‘(c) ASSISTANCE.—The Secretary of State shall, to 

17 the maximum extent practicable, assist the government of 

18 each country subject to any withholding of assistance pur19 suant to this section in bringing the responsible members 

20 of such unit of the security forces of the country to justice. 

21 ‘‘(d) APPROPRIATE CONGRESSIONAL COMMITTEES

22 DEFINED.—In this section, the term ‘appropriate congres23 sional committees’ means— 


kjohnson on DSK79L0C42 with BILLS
187 

HR 3352 RFS

1 ‘‘(1) the Committee on Foreign Affairs and the 

2 Committee on Appropriations of the House of Rep3 resentatives; and 

4 ‘‘(2) the Committee on Foreign Relations and 

5 the Committee on Appropriations of the Senate.’’. 

6 SEC. 834. MODIFICATION TO LIMITATIONS ON ASSISTANCE 

7 RELATING TO HUMAN RIGHTS. 

8 (a) MODIFICATION TO THE LIMITATION ON ASSIST9 ANCE TO SECURITY FORCES.—Subsection (a) of section 

10 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 

11 2378d) is amended— 

12 (1) by inserting ‘‘, including any combined se13 curity activities or operations with any such unit,’’ 

14 after ‘‘of a foreign country’’; and 

15 (2) by inserting ‘‘, including any act that con16 stitutes a war crime, as such term is defined in sec17 tion 2441 of title 18, United States Code’’ after 

18 ‘‘gross violation of human rights’’. 

19 (b) MODIFICATION TO LIMITATION ON SECURITY AS20 SISTANCE.—Subsection (d)(1) of section 502B of the For21 eign Assistance Act of 1961 (22 U.S.C. 2304) is amended 

22 by inserting ‘‘any act that constitutes a war crime, as such 

23 term is defined in section 2441 of title 18, United States 

24 Code,’’ after ‘‘the abduction and clandestine detention of 

25 those persons,’’. 


kjohnson on DSK79L0C42 with BILLS
188 

HR 3352 RFS

1 Subtitle C—Studies on Authorities 

2 and Programs 

3 SEC. 841. REQUIREMENT FOR STUDY BY BUREAU OF INTER4 NATIONAL NARCOTICS AND LAW ENFORCE5 MENT AFFAIRS. 

6 (a) IN GENERAL.—Not later than 1 year after the 

7 date of enactment of this Act, the Assistant Secretary for 

8 the Bureau of International Narcotics and Law Enforce9 ment, in consultation with the heads of other relevant bu10 reaus of the Department, shall submit to the Committee 

11 on Foreign Affairs of the House of Representatives and 

12 the Committee on Foreign Relations of the Senate a re13 port detailing all existing programs, and their statutory 

14 authorities, that provide training, advice, equipment, and 

15 other support to eligible foreign civilian security forces and 

16 institutions. 

17 (b) MATTERS TO BE INCLUDED.—Such a report 

18 shall assess the following: 

19 (1) The benefits and costs of consolidating the 

20 number of such programs and expanding the scope 

21 of such programs, as appropriate. 

22 (2) The prospects for improving coordination 

23 among such programs. 


kjohnson on DSK79L0C42 with BILLS
189 

HR 3352 RFS

1 (3) The impact of repealing section 660 of the 

2 Foreign Assistance Act of 1961 (22 U.S.C. 2420), 

3 including— 

4 (A) the potential opportunities such repeal 

5 would create for expanding existing programs 

6 or establishing new programs to improve the ca7 pacity, capabilities, and professionalism of such 

8 civilian security forces and institutions, includ9 ing with respect to pay and promotions, bene10 fits, leadership, and administration; and 

11 (B) the required elements necessary to en12 sure that any such program would enhance rule 

13 of law and safeguard human rights. 

14 (c) CIVILIAN SECURITY FORCES.—In this section, 

15 the term ‘‘civilian security forces’’ includes non-military 

16 security forces at the national, state, district, or local level 

17 that are responsible for internal security, do not report 

18 to a defense ministry or similar or related defense or mili19 tary entity of a foreign government, and are assigned re20 sponsibility for one or more of the following: 

21 (1) Law enforcement. 

22 (2) Border security. 

23 (3) Maritime and port security. 

24 (4) Customs law enforcement. 

25 (5) Sanctions monitoring and enforcement. 


kjohnson on DSK79L0C42 with BILLS
190 

HR 3352 RFS

1 (6) Counterterrorism. 

2 (7) Counter-narcotics. 

3 (8) Counterproliferation. 

4 (9) Counter-transnational organized crime. 

5 (10) Improving the administration of justice. 

6 (11) Promoting respect for human rights. 

7 (12) Promoting the rule of law. 

8 SEC. 842. REQUIREMENT FOR INDEPENDENT STUDY OF EX9 ISTING SECURITY ASSISTANCE AUTHORITIES. 

10 (a) IN GENERAL.—Not later than 60 days after the 

11 date of the enactment of this Act, the Secretary shall enter 

12 into a contract with a federally funded research and devel13 opment center with appropriate expertise and analytical 

14 capability to carry out the study described in subsection 

15 (b). 

16 (b) STUDY.—The study required by subsection (a) 

17 shall provide for a comprehensive examination of— 

18 (1) the history and evolution of existing security 

19 assistance authorities and the original intent of such 

20 authorities; 

21 (2) areas in which— 

22 (A) such authorities have deviated from 

23 such original intent and explanations why; and 

24 (B) such authorities overlap or compete 

25 with one another; and 


kjohnson on DSK79L0C42 with BILLS
191 

HR 3352 RFS

1 (3) recommendations for consolidating, replac2 ing, or otherwise adapting such authorities, as well 

3 as for establishing new ones, to include recommenda4 tions for differentiating authorities based on the ca5 pacity and capabilities they build as opposed to by 

6 issue or purpose. 

7 (c) REPORT.— 

8 (1) TO THE SECRETARY.—Not later than 1 

9 year after the date on which , the Secretary enters 

10 into a contract pursuant to subsection (a), the inde11 pendent research entity that has entered into a con12 tract with the Secretary shall submit to the Sec13 retary a report containing— 

14 (A) the results of the study required by 

15 subsection (a); and 

16 (B) such recommendations to improve the 

17 effectiveness of existing security assistance au18 thorities as the entity considers to be appro19 priate. 

20 (2) TO CONGRESS.—Not later than 30 days 

21 after receipt of the report under paragraph (1), the 

22 Secretary shall submit such report, together with 

23 any additional views or recommendations of the Sec24 retary, to the Committee on Foreign Affairs of the 


kjohnson on DSK79L0C42 with BILLS
192 

HR 3352 RFS

1 House of Representatives and the Committee on 

2 Foreign Relations of the Senate. 

3 TITLE IX—MISCELLANEOUS 

4 SEC. 901. CASE-ZABLOCKI ACT REFORM. 

5 Section 112b of title 1, United States Code, is 

6 amended— 

7 (1) in subsection (a), by striking ‘‘Committee 

8 on International Relations’’ and inserting ‘‘Com9 mittee on Foreign Affairs’’; and 

10 (2) by amending subsection (b) to read as fol11 lows: 

12 ‘‘(b) Each department or agency of the United States 

13 Government that enters into any international agreement 

14 described in subsection (a) on behalf of the United States, 

15 shall designate a Chief International Agreements Officer, 

16 who— 

17 ‘‘(1) shall be a current employee of such depart18 ment or agency; 

19 ‘‘(2) shall serve concurrently as Chief Inter20 national Agreements Officer; and 

21 ‘‘(3) subject to the authority of the head of 

22 such department or agency, shall have department 

23 or agency-wide responsibility for efficient and appro24 priate compliance with subsection (a) to transmit the 

25 text of any international agreement to the DepartVerDate Sep 11 2014 22:44 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00192 Fmt 6652 Sfmt 6201 E:\BILLS\H3352.RFS H3352

kjohnson on DSK79L0C42 with BILLS
193 

HR 3352 RFS

1 ment of State not later than 20 days after such 

2 agreement has been signed.’’. 

3 SEC. 902. LIMITATION ON ASSISTANCE TO COUNTRIES IN 

4 DEFAULT. 

5 Section 620(q) of the Foreign Assistance Act of 1961 

6 (22 U.S.C. 2370(q)) is amended— 

7 (1) by striking ‘‘No assistance’’ and inserting 

8 the following: 

9 ‘‘(1) No assistance’’; 

10 (2) by inserting ‘‘the government of’’ before 

11 ‘‘any country’’; 

12 (3) by inserting ‘‘the government of’’ before 

13 ‘‘such country’’ each place it appears; 

14 (4) by striking ‘‘determines’’ and all that fol15 lows and inserting ‘‘determines, after consultation 

16 with the Committee on Foreign Affairs and the 

17 Committee on Appropriations of the House of Rep18 resentatives and the Committee on Foreign Rela19 tions and the Committee on Appropriations of the 

20 Senate, that assistance for such country is in the na21 tional interest of the United States.’’; and 

22 (5) by adding at the end the following: 

23 ‘‘(2) No assistance shall be furnished under this 

24 Act, the Peace Corps Act, the Millennium Challenge 

25 Act of 2003, the African Development Foundation 


kjohnson on DSK79L0C42 with BILLS
194 

HR 3352 RFS

1 Act, the BUILD Act of 2018, section 504 of the 

2 FREEDOM Support Act, or section 23 of the Arms 

3 Export Control Act to the government of any coun4 try which is in default during a period in excess of 

5 1 calendar year in payment to the United States of 

6 principal or interest or any loan made to the govern7 ment of such country by the United States unless 

8 the President determines, following consultation with 

9 the congressional committees specified in paragraph 

10 (1), that assistance for such country is in the na11 tional interest of the United States.’’. 

12 SEC. 903. PROHIBITION ON ASSISTANCE TO GOVERNMENTS 

13 SUPPORTING INTERNATIONAL TERRORISM. 

14 (a) PROHIBITION.—Subsection (a) of section 620A of 

15 the Foreign Assistance Act of 1961 (22 U.S.C. 2371) is 

16 amended by striking ‘‘that the government of that coun17 try’’ and all that follows and inserting ‘‘that the govern18 ment of that country— 

19 ‘‘(1) has repeatedly provided support for acts of 

20 international terrorism; 

21 ‘‘(2) grants sanctuary from prosecution to any 

22 individual or group which has committed an act of 

23 international terrorism; 

24 ‘‘(3) otherwise supports international terrorism; 

25 or 


kjohnson on DSK79L0C42 with BILLS
195 

HR 3352 RFS

1 ‘‘(4) is controlled by an organization designated 

2 as a foreign terrorist organization under section 219 

3 of the Immigration and Nationality Act (8 U.S.C. 

4 1189).’’. 

5 (b) RESCISSION.—Subsection (c) of such section is 

6 amended by striking ‘‘and the Chairman of the Committee 

7 on Foreign Relations of the Senate’’ and inserting ‘‘, the 

8 Committee on Foreign Affairs of the House of Representa9 tives, the Committee on Foreign Relations of the Senate, 

10 and the Committees on Appropriations of the House of 

11 Representatives and the Senate’’. 

12 (c) WAIVER.—Subsection (d)(2) of such section is 

13 amended by striking ‘‘and the chairman of the Committee 

14 on Foreign Relations of the Senate’’ and inserting ‘‘, the 

15 Committee on Foreign Affairs of the House of Representa16 tives, the Committee on Foreign Relations of the Senate, 

17 and the Committees on Appropriations of the House of 

18 Representatives and the Senate’’. 

19 (d) PROHIBITION ON LETHAL MILITARY EQUIPMENT

20 EXPORTS.—Such section, as so amended, is further 

21 amended by adding at the end the following: 

22 ‘‘(e) PROHIBITION ON LETHAL MILITARY EQUIP23 MENT EXPORTS.— 

24 ‘‘(1) PROHIBITION.— 


kjohnson on DSK79L0C42 with BILLS
196 

HR 3352 RFS

1 ‘‘(A) IN GENERAL.—The United States 

2 shall not provide any assistance under this Act 

3 or section 23 of the Arms Export Control Act 

4 to any foreign government that provides lethal 

5 military equipment to a country the government 

6 of which the Secretary of State has determined 

7 supports international terrorism for purposes of 

8 section 1754(c) of the Export Control Reform 

9 Act of 2018. 

10 ‘‘(B) TERMINATION.—The prohibition on 

11 assistance under subparagraph (A) with respect 

12 to a foreign government shall terminate 12 

13 months after such government ceases to provide 

14 the lethal military equipment described in such 

15 subparagraph. 

16 ‘‘(C) APPLICABILITY.—This subsection ap17 plies with respect to lethal military equipment 

18 provided under a contract entered into after Oc19 tober 1, 1997. 

20 ‘‘(2) WAIVER.—The President may waive the 

21 prohibition on assistance under paragraph (1) with 

22 respect to a foreign government if the President de23 termines that to do so is important to the national 

24 interest of the United States. 


kjohnson on DSK79L0C42 with BILLS
197 

HR 3352 RFS

1 ‘‘(3) REPORT.—Upon the exercise of the waiver 

2 authority pursuant to paragraph (2), the President 

3 shall submit to the appropriate congressional com4 mittees a report with respect to the furnishing of as5 sistance under the waiver authority, including— 

6 ‘‘(A) a detailed explanation of the assist7 ance to be provided; 

8 ‘‘(B) the estimated dollar amount of such 

9 assistance; and 

10 ‘‘(C) an explanation of how the assistance 

11 furthers the national interest of the United 

12 States. 

13 ‘‘(4) APPROPRIATE CONGRESSIONAL COMMIT14 TEES DEFINED.—In this subsection, the term ‘ap15 propriate congressional committees’ means— 

16 ‘‘(A) the Committee on Foreign Affairs 

17 and the Committee on Appropriations of the 

18 House of Representatives; and 

19 ‘‘(B) the Committee on Foreign Relations 

20 and the Committee on Appropriations of the 

21 Senate.’’. 

22 SEC. 904. ESTABLISHING A COORDINATOR FOR ISIS DE23 TAINEE ISSUES. 

24 (a) IN GENERAL.—Not later than 90 days after the 

25 date of the enactment of this Act, the President, acting 


kjohnson on DSK79L0C42 with BILLS
198 

HR 3352 RFS

1 through the Secretary, may designate an existing official 

2 within the Department to serve as senior-level coordinator 

3 to coordinate, in conjunction with other relevant Federal 

4 departments and agencies, all matters for the United 

5 States Government relating to the long-term disposition 

6 of ISIS detainees, including all matters in connection 

7 with— 

8 (1) repatriation, transfer, prosecution, and in9 telligence-gathering; 

10 (2) coordinating a whole-of-government ap11 proach with other countries and international orga12 nizations, including INTERPOL, to ensure secure 

13 chains of custody and locations of ISIS detainees; 

14 (3) coordinating the provision of technical and 

15 evidentiary assistance to foreign countries to aid in 

16 the successful prosecution of ISIS detainees; and 

17 (4) all multilateral and international engage18 ments led by the Department and other relevant 

19 Federal departments and agencies that are related 

20 to the current and future handling, detention, or 

21 prosecution of ISIS detainees. 

22 (b) RETENTION OF EXISTING AUTHORITY.—The ap23 pointment of a senior-level coordinator pursuant to sub24 section (a) shall not deprive any Federal department or 


kjohnson on DSK79L0C42 with BILLS
199 

HR 3352 RFS

1 agency of any existing authority to independently perform 

2 the functions of that agency relating to ISIS detainees. 

3 (c) ISIS DETAINEE DEFINED.—In this section, the 

4 term ‘‘ISIS detainee’’ means a captured individual— 

5 (1) who allegedly fought for or supported the 

6 Islamic State of Iraq and Syria; and 

7 (2) who is a national of a country other than 

8 Iraq or Syria. 

9 SEC. 905. SEAN AND DAVID GOLDMAN CHILD ABDUCTION 

10 PREVENTION AND RETURN ACT OF 2014 

11 AMENDMENT. 

12 Subsection (b) of section 101 of the Sean and David 

13 Goldman International Child Abduction Prevention and 

14 Return Act of 2014 (22 U.S.C. 9111; Public Law 113– 

15 150) is amended— 

16 (1) in paragraph (2)— 

17 (A) in subparagraph (A)— 

18 (i) by inserting ‘‘, respectively,’’ after 

19 ‘‘access cases’’; and 

20 (ii) by inserting ‘‘and the number of 

21 children involved’’ before the semicolon at 

22 the end; 

23 (B) in subparagraph (D), by inserting ‘‘re24 spectively, the number of children involved,’’ 

25 after ‘‘access cases,’’; 


kjohnson on DSK79L0C42 with BILLS
200 

HR 3352 RFS

1 (2) in paragraph (7), by inserting ‘‘, and num2 ber of children involved in such cases’’ before the 

3 semicolon at the end; 

4 (3) in paragraph (8), by striking ‘‘and’’ after 

5 the semicolon at the end; 

6 (4) in paragraph (9), by striking the period at 

7 the end and inserting ‘‘; and’’; and 

8 (5) by adding at the end the following new 

9 paragraph: 

10 ‘‘(10) the total number of pending cases the 

11 Department of State has assigned to case officers 

12 and number of children involved for each country 

13 and as a total for all countries.’’. 

14 SEC. 906. MODIFICATION OF AUTHORITIES OF COMMISSION 

15 FOR THE PRESERVATION OF AMERICA’S HER16 ITAGE ABROAD. 

17 (a) IN GENERAL.—Chapter 3123 of title 54, United 

18 States Code, is amended as follows: 

19 (1) In section 312302, by inserting ‘‘, and 

20 unimpeded access to those sites,’’ after ‘‘and historic 

21 buildings’’. 

22 (2) In section 312304(a)— 

23 (A) in paragraph (2)— 


kjohnson on DSK79L0C42 with BILLS
201 

HR 3352 RFS

1 (i) by striking ‘‘and historic build2 ings’’ and inserting ‘‘and historic buildings, 

3 and unimpeded access to those sites’’; and 

4 (ii) by striking ‘‘and protected’’ and 

5 inserting ‘‘, protected, and made acces6 sible’’; and 

7 (B) in paragraph (3), by striking ‘‘and 

8 protecting’’ and inserting ‘‘, protecting, and 

9 making accessible’’. 

10 (3) In section 312305, by inserting ‘‘and to the 

11 Committee on Foreign Affairs of the House of Rep12 resentatives and the Committee on Foreign Rela13 tions of the Senate’’ after ‘‘President’’. 

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

15 of the enactment of this Act, the Commission for the Pres16 ervation of America’s Heritage Abroad shall submit to the 

17 President and to the Committee on Foreign Affairs of the 

18 House of Representatives and the Committee on Foreign 

19 Relations of the Senate a report that contains an evalua20 tion of the extent to which the Commission is prepared 

21 to continue its activities and accomplishments with respect 

22 to the foreign heritage of United States citizens from east23 ern and central Europe, were the Commission’s duties and 

24 powers extended to include other regions, including the 


kjohnson on DSK79L0C42 with BILLS
202 

HR 3352 RFS

1 Middle East and North Africa, and any additional re2 sources or personnel the Commission would require. 

3 TITLE X—BUDGETARY EFFECTS 

4 SEC. 1001. DETERMINATION OF BUDGETARY EFFECTS. 

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

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

7 shall be determined by reference to the latest statement 

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

9 Act, submitted for printing in the Congressional Record 

10 by the Chairman of the House Budget Committee, pro11 vided that such statement has been submitted prior to the 

12 vote on passage. 

Passed the House of Representatives July 25, 2019. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


kjohnson on DSK79L0C42 with BILLS