I 

116TH CONGRESS 

1ST SESSION H. R. 3352 

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

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 19, 2019 

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

was referred to the Committee on Foreign Affairs 

A BILL 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—ORGANIZATION AND OPERATIONS OF THE 

DEPARTMENT OF STATE 

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


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

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

Affairs. 

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

Sec. 105. Office of International Disability Rights. 

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

Sec. 107. Special appointments. 

Sec. 108. Anti-piracy information sharing. 

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

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

and training. 

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

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

Sec. 113. Passport fees. 

Sec. 114. United States diplomacy center. 

Sec. 115. Extension of period for reimbursement of fishermen for costs incurred from the illegal seizure and detention of U.S.-flag fishing vessels by foreign governments. 

Sec. 116. Art in embassies. 

Sec. 117. Amendment or repeal of reporting requirements. 

Sec. 118. Reporting on implementation of GAO recommendations. 

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. Definitions. 

TITLE III—PERSONNEL ISSUES 

Sec. 301. Defense Base Act insurance waivers. 

Sec. 302. Study on Foreign Service allowances. 

Sec. 303. Science and technology fellowships. 

Sec. 304. Travel for separated families. 

Sec. 305. Home leave travel for separated families. 

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

Sec. 307. Technical correction. 

Sec. 308. Foreign Service awards. 

Sec. 309. Diplomatic programs. 

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

of State. 

Sec. 311. Employee assignment restrictions and preclusions. 

Sec. 312. Recall and reemployment of career members. 

Sec. 313. Strategic staffing plan for the Department. 

Sec. 314. Consulting services. 


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Sec. 315. Incentives for critical posts. 

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

Sec. 317. Foreign service suspension without pay. 

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. Examination and oral assessment for the Foreign Service. 

Sec. 406. Payne fellowship authorization. 

Sec. 407. 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. 

TITLE VI—PUBLIC DIPLOMACY 

Sec. 601. Short title. 

Sec. 602. Avoiding duplication of programs and efforts. 

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. 

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. 


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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. 

Subtitle C—Studies on Authorities and Programs 

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

Enforcement Affairs. 

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

TITLE IX—MISCELLANEOUS 

Sec. 901. Case-Zablocki Act reform. 

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

Sec. 903. Prohibition on assistance to governments supporting international 

terrorism. 

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; 


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1 (C) the Committee on Foreign Affairs of 

2 the House of Representatives; and 

3 (D) the Committee on Appropriations of 

4 the House of Representatives. 

5 (2) DEPARTMENT.—Unless otherwise specified, 

6 the term ‘‘Department’’ means the Department of 

7 State. 

8 (3) SECRETARY.—Unless otherwise specified, 

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

10 TITLE I—ORGANIZATION AND 

11 OPERATIONS OF THE DE12 PARTMENT OF STATE 

13 SEC. 101. SENSE OF CONGRESS ON IMPORTANCE OF DE14 PARTMENT OF STATE’S WORK. 

15 It is the sense of Congress that— 

16 (1) United States global engagement is key to 

17 a stable and prosperous world; 

18 (2) United States leadership is indispensable in 

19 light of the many complex and interconnected 

20 threats facing the United States and the world; 

21 (3) diplomacy and development are critical tools 

22 of national power, and full deployment of these tools 

23 is vital to United States national security; 

24 (4) challenges such as the global refugee and 

25 migration crises, terrorism, historic famine and food 


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1 insecurity, and fragile or repressive societies cannot 

2 be addressed without sustained and robust United 

3 States diplomatic and development leadership; 

4 (5) the United States Government must use all 

5 of the instruments of national security and foreign 

6 policy at its disposal to protect United States citi7 zens, promote United States interests and values, 

8 and support global stability and prosperity; 

9 (6) United States security and prosperity de10 pend on having partners and allies that share our in11 terests and values, and these partnerships are nur12 tured and our shared interests and values are pro13 moted through United States diplomatic engage14 ment, security cooperation, economic statecraft, and 

15 assistance that helps further economic development, 

16 good governance, including the rule of law and 

17 democratic institutions, and the development of 

18 shared responses to natural and humanitarian disas19 ters; 

20 (7) as the United States Government agencies 

21 primarily charged with conducting diplomacy and 

22 development, the Department and the United States 

23 Agency for International Development (USAID) re24 quire sustained and robust funding to carry out this 

25 important work, which is essential to our ability to 


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1 project United States leadership and values and to 

2 advance the United States interests around the 

3 world; 

4 (8) the work of the Department and USAID 

5 makes the United States and the world safer and 

6 more prosperous by alleviating global poverty and 

7 hunger, fighting HIV/AIDS and other infectious dis8 eases, strengthening alliances, expanding educational 

9 opportunities for women and girls, promoting good 

10 governance and democracy, supporting anti-corrup11 tion efforts, driving economic development and 

12 trade, preventing armed conflicts and humanitarian 

13 crises, and creating American jobs and export oppor14 tunities; 

15 (9) the Department and USAID are vital na16 tional security agencies, whose work is critical to the 

17 projection of United States power and leadership 

18 worldwide, and without which Americans would be 

19 less safe, our economic power would be diminished, 

20 and global stability and prosperity would suffer; 

21 (10) investing in diplomacy and development 

22 before conflicts break out saves American lives while 

23 also being cost-effective; and 

24 (11) the contributions of personnel working at 

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1 uable and allow the United States to maintain its 

2 leadership around the world. 

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

4 LABOR. 

5 Paragraph (2) of section 1(c) of the State Depart6 ment Basic Authorities Act of 1956 (22 U.S.C. 2651a) 

7 is amended— 

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

9 the following new sentence: ‘‘All special envoys, am10 bassadors, and coordinators located within the Bu11 reau of Democracy, Human Rights, and Labor shall 

12 report directly to the Assistant Secretary.’’; 

13 (2) in subparagraph (B)(ii)— 

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

15 ‘‘sections 116 and’’; and 

16 (B) by inserting before the period at the 

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

18 the annual ‘Country Reports on Human Rights 

19 Practices’)’’; and 

20 (3) by adding at the end the following new sub21 paragraphs: 

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

23 functions, and responsibilities specified in this para24 graph, the Assistant Secretary of State for Democ25 racy, Human Rights, and Labor is authorized to— 


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1 ‘‘(i) promote democracy and actively sup2 port human rights throughout the world; 

3 ‘‘(ii) promote the rule of law and good gov4 ernance throughout the world; 

5 ‘‘(iii) strengthen civil society programs and 

6 organizations; 

7 ‘‘(iv) implement— 

8 ‘‘(I) the limitation on assistance to se9 curity forces imposed pursuant to section 

10 620M of the Foreign Assistance Act of 

11 1961 (22 U.S.C. 2378d; commonly known 

12 as the ‘Leahy Law’); and 

13 ‘‘(II) the Child Soldiers Prevention 

14 Act of 2008 (22 U.S.C. 2370c et seq.; en15 acted as title IV of the William Wilberforce 

16 Trafficking Victims Protection Reauthor17 ization Act of 2008 (Public Law 110– 

18 457)); 

19 ‘‘(v) review and, as appropriate, make rec20 ommendations to the Secretary of State regard21 ing the proposed transfer of— 

22 ‘‘(I) defense articles and defense serv23 ices authorized under the Foreign Assist24 ance Act of 1961 (22 U.S.C. 2151 et seq.) 


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1 or the Arms Export Control Act (22 

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

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

4 series’ of the Commerce Control List con5 tained in Supplement No. 1 to part 774 of 

6 subtitle B of title 15, Code of Federal Reg7 ulations; 

8 ‘‘(vi) coordinate programs and activities 

9 that protect and advance the exercise of human 

10 rights and internet freedom in cyberspace; and 

11 ‘‘(vii) implement other relevant policies and 

12 provisions of law. 

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

14 for Democracy, Human Rights, and Labor shall take 

15 whatever actions may be necessary to minimize the 

16 duplication of efforts within the Bureau of Democ17 racy, Human Rights, and Labor. 

18 ‘‘(E) LOCAL OVERSIGHT.—United States mis19 sions, to the extent practicable, should assist in exer20 cising oversight authority and coordinate with the 

21 Bureau of Democracy, Human Rights, and Labor to 

22 ensure that funds are appropriately used and comply 

23 with anti-corruption practices.’’. 


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1 SEC. 103. ASSISTANT SECRETARY FOR INTERNATIONAL 

2 NARCOTICS AND LAW ENFORCEMENT AF3 FAIRS. 

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

6 is amended— 

7 (1) by redesignating paragraph (3) as para8 graph (4); and 

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

11 ‘‘(3) ASSISTANT SECRETARY FOR INTER12 NATIONAL NARCOTICS AND LAW ENFORCEMENT AF13 FAIRS.— 

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

15 be in the Department of State an Assistant 

16 Secretary for International Narcotics and Law 

17 Enforcement Affairs, who shall be responsible 

18 to the Secretary of State for all matters, pro19 grams, and related activities pertaining to inter20 national narcotics, anti-crime, and law enforce21 ment affairs in the conduct of foreign policy by 

22 the Department, including, as appropriate, lead23 ing the coordination of programs carried out by 

24 United States Government agencies abroad, and 

25 such other related duties as the Secretary may 

26 from time to time designate. 


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1 ‘‘(B) AREAS OF RESPONSIBILITY.—The 

2 Assistant Secretary for International Narcotics 

3 and Law Enforcement Affairs shall maintain 

4 continuous observation and coordination of all 

5 matters pertaining to international narcotics, 

6 anti-crime, and law enforcement affairs in the 

7 conduct of foreign policy, including programs 

8 carried out by other United States Government 

9 agencies when such programs pertain to the fol10 lowing matters: 

11 ‘‘(i) Combating international narcotics 

12 production and trafficking. 

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

15 capacity, appeals systems, law enforcement 

16 agencies, prison systems, and the sharing 

17 of recovered assets. 

18 ‘‘(iii) Training and equipping foreign 

19 police, border control, other government of20 ficials, and other civilian law enforcement 

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

23 or member of such unit shall receive such 

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


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1 ‘‘(iv) Ensuring the inclusion of human 

2 rights issues in law enforcement programs, 

3 in consultation with the Assistant Sec4 retary for Democracy, Human Rights, and 

5 Labor and the heads of appropriate re6 gional bureaus of the Department of State. 

7 ‘‘(v) Combating, in conjunction with 

8 other relevant bureaus of the Department, 

9 all forms of transnational organized crime, 

10 including illicit trafficking, human traf11 ficking, arms trafficking, wildlife traf12 ficking, trafficking in cultural property, 

13 migrant smuggling, money laundering, the 

14 illicit smuggling of bulk cash, and other 

15 new and emerging forms of crime. 

16 ‘‘(vi) Identifying and responding to 

17 global corruption, including strengthening 

18 the capacity of foreign government institu19 tions responsible for addressing financial 

20 crimes. 

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

22 the responsibilities specified in subparagraph 

23 (B), the Assistant Secretary for International 

24 Narcotics and Law Enforcement Affairs shall 

25 also— 


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1 ‘‘(i) carry out timely and substantive 

2 consultation with chiefs of mission and, as 

3 appropriate, the heads of other United 

4 States Government agencies to ensure ef5 fective coordination of all international 

6 narcotics and law enforcement programs 

7 carried out overseas by the Department 

8 and such other agencies; 

9 ‘‘(ii) coordinate with the Office of Na10 tional Drug Control Policy to ensure les11 sons learned from other United States 

12 Government agencies are available to the 

13 Bureau of International Narcotics and 

14 Law Enforcement Affairs of the Depart15 ment; 

16 ‘‘(iii) develop standard requirements 

17 for monitoring and evaluation of Bureau 

18 programs, including metrics for success 

19 that do not rely solely on the amounts of 

20 illegal drugs that are produced or seized; 

21 ‘‘(iv) in coordination with the Sec22 retary of State, annually certify in writing 

23 to the Committee on Foreign Affairs of the 

24 House of Representatives and the Com25 mittee on Foreign Relations of the Senate 


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1 that United States law enforcement per2 sonnel posted abroad whose activities are 

3 funded to any extent by the Bureau of 

4 International Narcotics and Law Enforce5 ment Affairs are complying with section 

6 207 of the Foreign Service Act of 1980 

7 (22 U.S.C. 3927); and 

8 ‘‘(v) carry out such other relevant du9 ties as the Secretary may assign.’’. 

10 (b) MODIFICATION OF ANNUAL INTERNATIONAL

11 NARCOTICS CONTROL STRATEGY REPORT.—Subsection 

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

13 (22 U.S.C. 2291h) is amended by inserting after para14 graph (8) the following new paragraph: 

15 ‘‘(9) A separate section that contains an identi16 fication of all United States Government-supported 

17 units funded by the Bureau of International Nar18 cotics and Law Enforcement Affairs and any Bu19 reau-funded operations by such units in which 

20 United States law enforcement personnel have been 

21 physically present.’’. 

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

23 POPULATION, REFUGEES, AND MIGRATION. 

24 Section 1 of the State Department Basic Authorities 

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


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1 (1) by redesignating subsection (g) as sub2 section (i); and 

3 (2) by inserting after subsection (f) the fol4 lowing new subsections: 

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

6 the Department of State the Bureau of Consular Affairs, 

7 which shall be headed by the Assistant Secretary of State 

8 for Consular Affairs. 

9 ‘‘(h) BUREAU OF POPULATION, REFUGEES, AND MI10 GRATION.—There is in the Department of State the Bu11 reau of Population, Refugees, and Migration, which shall 

12 be headed by the Assistant Secretary of State for Popu13 lation, Refugees, and Migration.’’. 

14 SEC. 105. OFFICE OF INTERNATIONAL DISABILITY RIGHTS. 

15 (a) ESTABLISHMENT.—There should be established 

16 in the Department an Office of International Disability 

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

18 (b) DUTIES.—The Office should— 

19 (1) seek to ensure that all United States for20 eign operations are accessible to, and inclusive of, 

21 persons with disabilities; 

22 (2) promote the human rights and full partici23 pation in international development activities of all 

24 persons with disabilities; and 


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1 (3) promote disability inclusive practices and 

2 the training of Department staff on soliciting quality 

3 programs that are fully inclusive of people with dis4 abilities. 

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

6 (1) a senior advisor to the appropriate Assist7 ant Secretary; or 

8 (2) an officer exercising significant authority 

9 who reports to the President or Secretary, appointed 

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

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

12 (a) IN GENERAL.—The Secretary should establish an 

13 Office of Global Women’s Issues (referred to in this sec14 tion as the ‘‘Office’’), which may be placed within the or15 ganizational structure of the Department at the discretion 

16 of the Secretary. 

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

18 of the United States Government, as directed by the Sec19 retary, regarding gender equality and advancing the status 

20 of women and girls in United States foreign policy. 

21 (c) DUTIES.—The Office should— 

22 (1) serve as the principal advisor to the Sec23 retary regarding gender equality, women’s and girls’ 

24 empowerment, and violence against women and girls 

25 as a priority of United States foreign policy; 


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1 (2) represent the United States in diplomatic 

2 and multilateral fora on matters relevant to the sta3 tus of women and girls; 

4 (3) advise the Secretary and provide input on 

5 all activities, policies, programs, and funding relat6 ing to gender equality and the advancement of 

7 women and girls internationally for all bureaus and 

8 offices of the Department and in the international 

9 programs of all other Federal agencies; 

10 (4) work to ensure that efforts to advance gen11 der equality and women’s and girls’ empowerment 

12 are fully integrated into the programs, structures, 

13 processes, and capacities of all bureaus and offices 

14 of the Department and in the international pro15 grams of other Federal agencies; and 

16 (5) conduct regular consultation with civil soci17 ety organizations working to advance gender equality 

18 and empower women and girls internationally. 

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

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

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

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

23 to the appropriate congressional committees a report or 

24 briefing regarding this section. 


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1 SEC. 107. SPECIAL APPOINTMENTS. 

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

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

4 shall submit to the appropriate congressional committees 

5 a report that includes the following: 

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

7 and number of staff of each existing Special Envoy, 

8 Special Representative, Special Coordinator, Special 

9 Negotiator, Envoy, Representative, Coordinator, 

10 Special Advisor, and other similar position at the 

11 Department. 

12 (2) Recommendations regarding whether to 

13 maintain in the Department each such position, in14 cluding those listed in the report submitted by the 

15 Secretary to the Committee on Foreign Relations of 

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

17 418 of the Department of State Authorities Act, 

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

19 not expressly authorized by a provision of law en20 acted by Congress. 

21 (3) Justifications supporting each of the Sec22 retary’s recommendations under paragraph (2). 

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

24 after the submission of the report required under sub25 section (a), the President shall submit the name of each 

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1 nator, Special Negotiator, Envoy, Representative, Coordi2 nator, Special Advisor, and other person occupying a simi3 lar position at the Department exercising significant au4 thority pursuant to the laws of the United States that is 

5 not expressly authorized by a provision of law enacted by 

6 Congress to the Committee on Foreign Relations of the 

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

8 (c) RULE OF CONSTRUCTION REGARDING ESTAB9 LISHMENT OF POSITIONS.—Nothing in this section may 

10 be construed as prohibiting the establishment or mainte11 nance of any Special Envoy, Special Representative, Spe12 cial Coordinator, Special Negotiator, Envoy, Representa13 tive, Coordinator, Special Advisor, or other similar posi14 tion at the Department exercising significant authority 

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

16 the appointee for each such position is submitted to the 

17 Committee on Foreign Relations of the Senate, to seek 

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

19 days after each such appointment. 

20 (d) LIMITED EXCEPTION FOR TEMPORARY APPOINT21 MENTS.—The Secretary may maintain or establish a posi22 tion with the title of Special Envoy, Special Representa23 tive, Special Coordinator, Special Negotiator, or Special 

24 Advisor, or a similar position not exercising significant au25 thority pursuant to the laws of the United States for not 


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

2 days before the appointment of a person to such a posi3 tion, submits to the appropriate congressional committees 

4 a notification that includes the following: 

5 (1) A certification that the position is not ex6 pected to demand the exercise of significant author7 ity pursuant to the laws of the United States. 

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

9 the position. 

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

11 the position. 

12 (e) RENEWAL OF TEMPORARY APPOINTMENT.— 

13 Nothing in this section may be construed as prohibiting 

14 the Secretary from renewing for a period not to exceed 

15 180 days any position maintained or established under 

16 subsection (d) if the Secretary complies with the notifica17 tion requirements contained in such subsection. 

18 (f) FUNDING RESTRICTIONS.— 

19 (1) POSITIONS NOT SUBMITTED FOR ADVICE

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

21 appropriated for— 

22 (A) any Special Envoy, Special Represent23 ative, Special Coordinator, Special Negotiator, 

24 Envoy, Representative, Coordinator, Special 

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1 ment exercising significant authority pursuant 

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

3 the person appointed to such position has not 

4 been submitted to the Committee on Foreign 

5 Relations of the Senate for the advice and con6 sent of the Senate in accordance with sub7 section (b); or 

8 (B) any staff or resources related to such 

9 a position until the person appointed to such 

10 position has been submitted to the Committee 

11 on Foreign Relations of the Senate for the ad12 vice and consent of the Senate. 

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

14 authorized to be appropriated for any position de15 scribed in subsection (d) or for any staff or re16 sources related to such position unless the Secretary 

17 has complied with the notification requirements 

18 under such subsection. 

19 (3) FISCAL YEAR 2020.—The restrictions de20 scribed in this subsection shall not apply in fiscal 

21 year 2020 to positions or associated staff and re22 sources for which funding is expressly appropriated 

23 for such fiscal year in an Act of Congress. 

24 (g) CONFIRMATION FOR AUTHORIZED POSITIONS.— 


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

2 Representative, Special Coordinator, Special Nego3 tiator, Envoy, Representative, Coordinator, Special 

4 Advisor, or other similar position at the Department 

5 exercising significant authority pursuant to the laws 

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

7 Congress (except the position authorized by section 

8 621 of the Tibetan Policy Act of 2002 (subtitle B 

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

10 note)) may be appointed without the advice and con11 sent of the Senate. 

12 (2) FISCAL YEAR 2020.—The restriction de13 scribed in paragraph (1) shall not apply in fiscal 

14 year 2020 to positions or associated staff and re15 sources for which funding is expressly appropriated 

16 for such fiscal year in an Act of Congress. 

17 (h) ELIMINATION OF SPECIAL REPRESENTATIVE

18 AND POLICY COORDINATOR FOR BURMA.— 

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

20 (A) Congress established the Special Rep21 resentative and Policy Coordinator for Burma 

22 in July 2008 at a time when the United States 

23 did not maintain full diplomatic relations with 

24 Burma and had not appointed an Ambassador 

25 to Burma in 18 years. 


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1 (B) In 2012, the United States re-estab2 lished full diplomatic relations with Burma and 

3 appointed a United States Ambassador to 

4 Burma who, along with the Secretary of State, 

5 Assistant Secretary of State for East Asia and 

6 the Pacific, and other United States Govern7 ment officials, represents the United States’ in8 terests in Burma. 

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

10 Block Burmese Jade Act of 2008 (Public Law 110– 

11 286; 50 U.S.C. 1701 note; relating to the establish12 ment of a Special Representative and Policy Coordi13 nator for Burma) is hereby repealed. 

14 SEC. 108. ANTI-PIRACY INFORMATION SHARING. 

15 The Secretary is authorized to provide for the partici16 pation by the United States in the Information Sharing 

17 Centre located in Singapore, as established by the Re18 gional Cooperation Agreement on Combating Piracy and 

19 Armed Robbery against Ships in Asia (ReCAAP). 

20 SEC. 109. IMPORTANCE OF FOREIGN AFFAIRS TRAINING TO 

21 NATIONAL SECURITY. 

22 It is the sense of Congress that— 

23 (1) the Department is a crucial national secu24 rity agency, whose employees, both Foreign and Civil 

25 Service, require the best possible training at every 


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1 stage of their careers to prepare them to promote 

2 and defend United States national interests and the 

3 health and safety of United States citizens abroad; 

4 (2) the Secretary should explore establishing a 

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

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

7 at any given time; 

8 (3) the Department’s Foreign Service Institute 

9 should seek to substantially increase its educational 

10 and training offerings to Department personnel, in11 cluding developing new and innovative educational 

12 and training courses, methods, programs, and oppor13 tunities; and 

14 (4) consistent with existing Department gift ac15 ceptance authority and other applicable laws, the 

16 Department and Foreign Service Institute should 

17 seek and accept funds and other resources from 

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

19 appropriate sources to help the Department and the 

20 Institute accomplish the goals specified in paragraph 

21 (3). 


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1 SEC. 110. AUTHORIZATION FOR RECEIPT OF PRIVATE 

2 FUNDING FOR DIPLOMATIC STUDIES AND 

3 TRAINING. 

4 Section 701 of the Foreign Service Act of 1980 (22 

5 U.S.C. 4021) is amended— 

6 (1) by redesignating subsection (g) as sub7 section (h); and 

8 (2) by inserting after subsection (f) the fol9 lowing new subsection: 

10 ‘‘(g)(1) The institution is authorized to receive pri11 vate funds from private individuals and organizations to 

12 supplement the institution’s funding and expand and en13 hance training, including for the following: 

14 ‘‘(A) Design and implementation of a degree 

15 granting program at the institution. 

16 ‘‘(B) Curriculum development. 

17 ‘‘(C) Training and classes for Members of Con18 gress and congressional staff. 

19 ‘‘(D) Hiring retired Department of State per20 sonnel to teach, notwithstanding other hiring limita21 tions. 

22 ‘‘(E) Other purposes as determined appropriate 

23 and necessary by the Secretary of State. 

24 ‘‘(2) Private funding received by the institution pur25 suant to this subsection shall be provided at the discretion 


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1 of the grantor individual or organization, as the case may 

2 be. 

3 ‘‘(3) Not less than once annually, and at the request 

4 of the Committee on Foreign Affairs or the Committee 

5 on Appropriations of the House of Representatives or the 

6 Committee on Foreign Relations or the Committee on Ap7 propriations of the Senate, the Department shall provide 

8 the names of grantors and information relating to the na9 ture and amounts of any contributions made.’’. 

10 SEC. 111. CLASSIFICATION AND ASSIGNMENT OF FOREIGN 

11 SERVICE OFFICERS. 

12 The Foreign Service Act of 1980 is amended— 

13 (1) in section 501 (22 U.S.C. 3981), by insert14 ing ‘‘If a position designated under this section is 

15 unfilled for more than 365 calendar days, such posi16 tion may be filled, as appropriate, on a temporary 

17 basis, in accordance with section 309.’’ after ‘‘Posi18 tions designated under this section are excepted 

19 from the competitive service.’’; and 

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

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

22 a position working on issues relating to a particular 

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

24 area’’. 


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1 SEC. 112. ENERGY DIPLOMACY AND SECURITY WITHIN THE 

2 DEPARTMENT OF STATE. 

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

4 State Department Basic Authorities Act of 1956 (22 

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

6 is further amended— 

7 (1) by redesignating paragraph (4) (as redesig8 nated pursuant to such section 103) as paragraph 

9 (5); and 

10 (2) by inserting after paragraph (3) the fol11 lowing new paragraph: 

12 ‘‘(4) ENERGY RESOURCES.— 

13 ‘‘(A) AUTHORIZATION FOR ASSISTANT SEC14 RETARY.—Subject to the numerical limitation 

15 specified in paragraph (1), there is authorized 

16 to be established in the Department of State an 

17 Assistant Secretary of State for Energy Re18 sources. 

19 ‘‘(B) PERSONNEL.—The Secretary of 

20 State shall ensure that there are sufficient per21 sonnel dedicated to energy matters within the 

22 Department of State whose responsibilities shall 

23 include— 

24 ‘‘(i) formulating and implementing 

25 international policies aimed at protecting 

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1 rity interests by effectively managing 

2 United States bilateral and multilateral re3 lations; 

4 ‘‘(ii) ensuring that analyses of the na5 tional security implications of global en6 ergy and environmental developments are 

7 reflected in the decision making process 

8 within the Department; 

9 ‘‘(iii) incorporating energy security 

10 priorities into the activities of the Depart11 ment; 

12 ‘‘(iv) coordinating energy activities of 

13 the Department with relevant Federal de14 partments and agencies; and 

15 ‘‘(v) working internationally to— 

16 ‘‘(I) support the development of 

17 energy resources and the distribution 

18 of such resources for the benefit of 

19 the United States and United States 

20 allies and trading partners for their 

21 energy security and economic develop22 ment needs; 

23 ‘‘(II) promote availability of di24 versified energy supplies and a well25 functioning global market for energy 


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1 resources, technologies, and expertise 

2 for the benefit of the United States 

3 and United States allies and trading 

4 partners; 

5 ‘‘(III) resolve international dis6 putes regarding the exploration, devel7 opment, production, or distribution of 

8 energy resources; 

9 ‘‘(IV) support the economic and 

10 commercial interests of United States 

11 persons operating in the energy mar12 kets of foreign countries; 

13 ‘‘(V) support and coordinate 

14 international efforts to alleviate en15 ergy poverty; 

16 ‘‘(VI) leading the United States 

17 commitment to the Extractive Indus18 tries Transparency Initiative; 

19 ‘‘(VII) coordinating within the 

20 Department and with relevant Federal 

21 departments and agencies on devel22 oping and implementing international 

23 energy-related sanctions; and 

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1 in the Department currently under2 taken by— 

3 ‘‘(aa) the Bureau of Eco4 nomic and Business Affairs; 

5 ‘‘(bb) the Bureau of Oceans 

6 and International Environmental 

7 and Scientific Affairs; and 

8 ‘‘(cc) other offices within the 

9 Department of State.’’. 

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

11 Energy Independence and Security Act of 2007 (42 

12 U.S.C. 17371) is amended— 

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

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

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

16 SEC. 113. PASSPORT FEES. 

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

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

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

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

21 date of the enactment of the Department of State Author22 ization Act of 2019.’’. 


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1 SEC. 114. UNITED STATES DIPLOMACY CENTER. 

2 Title I of the State Department Basic Authorities Act 

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

4 2735) the following new section: 

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

6 ‘‘(a) ACTIVITIES.— 

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

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

9 otherwise, for the performance of appropriate mu10 seum visitor and educational outreach services and 

11 related events, including organizing programs and 

12 conference activities, museum shop services and food 

13 services in the public exhibition and related space 

14 utilized by the center for United States diplomacy. 

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

16 State is authorized to recover any revenues gen17 erated under the authority of paragraph (1) for vis18 itor and outreach services and related events re19 ferred to in such paragraph, including fees for use 

20 of facilities at a center for United States diplomacy. 

21 Any such revenues may be retained as a recovery of 

22 the costs of operating the Center. 

23 ‘‘(b) DISPOSITION OF UNITED STATES DIPLOMACY

24 CENTER DOCUMENTS, ARTIFACTS, AND OTHER ARTI25 CLES.— 


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1 ‘‘(1) PROPERTY.—All historic documents, arti2 facts, or other articles permanently acquired by the 

3 Department of State and determined by the Sec4 retary of State to be suitable for display by the cen5 ter for United States diplomacy shall be considered 

6 to be the property of the United States Government 

7 and shall be subject to disposition solely in accord8 ance with this subsection. 

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

10 the Secretary of State makes the determination de11 scribed in paragraph (3) with respect to a document, 

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

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

14 transfer such document, artifact, or other article 

15 without regard to the requirements of subtitle I of 

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

17 such sale may be used solely for the advancement of 

18 the mission of the center for United States diplo19 macy and may not be used for any purpose other 

20 than the acquisition and direct care of the collections 

21 of the center. 

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

23 OR TRANSFER.—The determination described in this 

24 paragraph with respect to a document, artifact, or 


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

2 that— 

3 ‘‘(A) such document, artifact, or other arti4 cle no longer serves to further the purposes of 

5 the center for United States diplomacy as set 

6 forth in the collections management policy of 

7 the center; 

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

9 document, artifact, or other article would serve 

10 to maintain the standards of the collection of 

11 the center; or 

12 ‘‘(C) sale, trade, or transfer of such docu13 ment, artifact, or other article would be in the 

14 best interests of the United States. 

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

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

17 transfer of documents, artifacts, or other articles 

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

19 loan such documents, artifacts, or other articles, 

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

21 United States diplomacy to the Smithsonian Institu22 tion or a similar institution for repair, study, or ex23 hibition.’’. 


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1 SEC. 115. EXTENSION OF PERIOD FOR REIMBURSEMENT OF 

2 FISHERMEN FOR COSTS INCURRED FROM 

3 THE ILLEGAL SEIZURE AND DETENTION OF 

4 U.S.-FLAG FISHING VESSELS BY FOREIGN 

5 GOVERNMENTS. 

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

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

8 amended to read as follows: 

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

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

11 provided in advance in appropriation Acts.’’. 

12 (b) RETROACTIVE APPLICABILITY.— 

13 (1) EFFECTIVE DATE.—The amendment made 

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

15 enactment of this Act and apply as if the date speci16 fied in subsection (e) of section 7 of the Fishermen’s 

17 Protective Act of 1967, as in effect on the day be18 fore the date of the enactment of this Act, were the 

19 day after such date of enactment. 

20 (2) AGREEMENTS AND PAYMENTS.—The Sec21 retary shall— 

22 (A) enter into agreements pursuant to sec23 tion 7 of the Fishermen’s Protective Act of 

24 1967 for any claims to which such section 

25 would otherwise apply but for the date specified 

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


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1 the day before the date of the enactment of this 

2 Act; and 

3 (B) make payments in accordance with 

4 agreements entered into pursuant to such sec5 tion if any such payments have not been made 

6 as a result of the expiration of the date speci7 fied in such section, as in effect on the day be8 fore the date of the enactment of this Act. 

9 SEC. 116. ART IN EMBASSIES. 

10 (a) IN GENERAL.—No funds are authorized to be ap11 propriated for the purchase of any piece of art for the 

12 purposes of installation or display in any embassy, con13 sulate, or other foreign mission of the United States if 

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

15 $50,000, unless such purchase is subject to prior consulta16 tion with, and the regular notification procedures of, the 

17 appropriate congressional committees. 

18 (b) DEFINITION.—In this section, the term ‘‘art’’ in19 cludes paintings, sculptures, photographs, industrial de20 sign, and craft art. 

21 (c) REPORT.—Not later than 90 days after the date 

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

23 to the appropriate congressional committees a report on 

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

25 fiscal years 2012, 2013, and 2014. 


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1 (d) SUNSET.—This section shall terminate on the 

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

3 this Act. 

4 SEC. 117. AMENDMENT OR REPEAL OF REPORTING RE5 QUIREMENTS. 

6 (a) BURMA.— 

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

8 104–208 is amended— 

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

10 follows: 

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

12 shall develop, in coordination with members of ASEAN 

13 and other likeminded countries, a comprehensive, multilat14 eral strategy to bring about further democratic consolida15 tion in Burma and improve human rights practices and 

16 the quality of life in Burma, including the development 

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

18 and 

19 (B) in subsection (d)— 

20 (i) in the matter preceding paragraph 

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

22 ‘‘year’’; 

23 (ii) by redesignating paragraph (3) as 

24 paragraph (7); and 


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1 (iii) by inserting after paragraph (2) 

2 the following new paragraphs: 

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

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

5 economic growth; 

6 ‘‘(5) progress toward genuine national reconcili7 ation; 

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

9 the Burmese people, including progress relating to 

10 market reforms, living standards, labor standards, 

11 use of forced labor in the tourism industry, and en12 vironmental quality; and’’. 

13 (2) EFFECTIVE DATE.—The amendments made 

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

15 enactment of this Act and apply with respect to the 

16 first report required under subsection (d) of section 

17 570 of Public Law 104–208 that is required after 

18 the date of the enactment of this Act. 

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

20 hereby repealed: 

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

22 101–246. 

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

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

25 U.S.C. 2414a). 


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

2 96–465 (22 U.S.C. 4022). 

3 SEC. 118. REPORTING ON IMPLEMENTATION OF GAO REC4 OMMENDATIONS. 

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

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

7 submit to the appropriate congressional committees a re8 port that lists all of the Government Accountability Of9 fice’s recommendations relating to the Department that 

10 have not been fully implemented. 

11 (b) COMPTROLLER GENERAL REPORT.—Not later 

12 than 30 days after the Secretary submits the report under 

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

14 States shall submit to the appropriate congressional com15 mittees a report that identifies any discrepancies between 

16 the list of recommendations included in such report and 

17 the Government Accountability Office’s list of outstanding 

18 recommendations for the Department. 

19 (c) IMPLEMENTATION REPORT.— 

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

21 after the date of the enactment of this Act, the Sec22 retary shall submit to the appropriate congressional 

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1 ernment Accountability Office included in the report 

2 submitted under subsection (a). 

3 (2) JUSTIFICATION.—The report under para4 graph (1) shall include— 

5 (A) a detailed justification for each deci6 sion not to fully implement a recommendation 

7 or to implement a recommendation in a dif8 ferent manner than specified by the Govern9 ment Accountability Office; 

10 (B) a timeline for the full implementation 

11 of any recommendation the Secretary has de12 cided to adopt, but has not yet fully imple13 mented; and 

14 (C) an explanation for any discrepancies 

15 included in the Comptroller General report sub16 mitted under subsection (b). 

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

18 under this section shall be submitted in unclassified form, 

19 to the maximum extent practicable, but may be included 

20 in a classified annex to the extent necessary. 


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1 TITLE II—EMBASSY 

2 CONSTRUCTION 

3 SEC. 201. EMBASSY SECURITY, CONSTRUCTION, AND MAIN4 TENANCE. 

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

7 $1,987,211,000 for fiscal year 2020. 

8 SEC. 202. STANDARD DESIGN IN CAPITAL CONSTRUCTION. 

9 (a) SENSE OF CONGRESS.—It is the sense of Con10 gress that the Department’s Bureau of Overseas Building 

11 Operations (OBO) or successor office should give appro12 priate consideration to Standard Embassy Design, in 

13 which each new United States embassy and consulate 

14 starts with a standard design and keeps customization to 

15 a minimum. 

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

17 any new United States embassy compound or new con18 sulate compound project that utilizes a non-standard de19 sign, including those projects that are in the design or pre20 design phase as of the date of the enactment of this Act, 

21 only in consultation with the appropriate congressional 

22 committees. The Secretary shall provide the appropriate 

23 congressional committees, for each such project, the fol24 lowing documentation: 


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1 (1) A comparison of the estimated full lifecycle 

2 costs of the project to the estimated full lifecycle 

3 costs of such project if it were to use a standard de4 sign. 

5 (2) A comparison of the estimated completion 

6 date of such project to the estimated completion 

7 date of such project if it were to use a standard de8 sign. 

9 (3) A comparison of the security of the com10 pleted project to the security of such completed 

11 project if it were to use a standard design. 

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

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

14 such project. 

15 (5) A written explanation if any of the docu16 mentation necessary to support the comparisons and 

17 justification, as the case may be, described in para18 graphs (1) through (4) cannot be provided. 

19 (c) SUNSET.—The consultation requirement under 

20 subsection (b) shall expire on the date that is four years 

21 after the date of the enactment of this Act. 

22 SEC. 203. CAPITAL CONSTRUCTION TRANSPARENCY. 

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

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

25 is amended— 


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1 (1) in the section heading, by striking ‘‘AN2 NUAL REPORT ON EMBASSY CONSTRUCTION

3 COSTS’’ and inserting ‘‘QUARTERLY REPORT ON

4 OVERSEAS CAPITAL CONSTRUCTION

5 PROJECTS’’; and 

6 (2) by striking subsections (a) and (b) and in7 serting the following new subsections: 

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

9 the date of the enactment of this subsection and every 90 

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

11 date of enactment, the Secretary shall submit to the ap12 propriate congressional committees a comprehensive re13 port regarding all ongoing overseas capital construction 

14 projects and major embassy security upgrade projects. 

15 ‘‘(b) CONTENTS.—Each report required under sub16 section (a) shall include the following with respect to each 

17 ongoing overseas capital construction project and major 

18 embassy security upgrade project: 

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

20 proposed allocation of capital construction and main21 tenance funds required by the Committees on Appro22 priations for Acts making appropriations for the De23 partment of State, foreign operations, and related 

24 programs. 

25 ‘‘(2) The current cost estimate. 


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1 ‘‘(3) The value of each request for equitable ad2 justment received by the Department to date. 

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

4 by the Department to date. 

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

6 contingency fund to date and the value of the re7 mainder of the project’s contingency fund. 

8 ‘‘(6) An enumerated list of each request for ad9 justment and certified claim that remains out10 standing or unresolved. 

11 ‘‘(7) An enumerated list of each request for eq12 uitable adjustment and certified claim that has been 

13 fully adjudicated or that the Department has settled, 

14 and the final dollar amount of each adjudication or 

15 settlement. 

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

17 in the proposed allocation of capital construction 

18 and maintenance funds required by the Committees 

19 on Appropriations not later than 45 days after the 

20 date of the enactment of an Act making appropria21 tions for the Department of State, foreign oper22 ations, and related programs. 

23 ‘‘(9) The current date of estimated comple24 tion.’’. 


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

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

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

4 this section) shall include an annex regarding all overseas 

5 capital construction projects and major embassy security 

6 upgrade projects completed during the 10-year period end7 ing on December 31, 2018, including, for each such 

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

9 section 118. 

10 SEC. 204. CONTRACTOR PERFORMANCE INFORMATION. 

11 (a) DEADLINE FOR COMPLETION.—The Secretary 

12 shall complete all contractor performance evaluations re13 quired by subpart 42.15 of the Federal Acquisition Regu14 lation by October 1, 2021. 

15 (b) PRIORITIZATION SYSTEM.— 

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

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

18 shall develop a prioritization system for clearing the 

19 current backlog of required evaluations referred to 

20 in subsection (a). 

21 (2) ELEMENTS.—The system required under 

22 paragraph (1) should prioritize the evaluations as 

23 follows: 

24 (A) Project completion evaluations should 

25 be prioritized over annual evaluations. 


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1 (B) Evaluations for relatively large con2 tracts should have priority. 

3 (C) Evaluations that would be particularly 

4 informative for the awarding of government 

5 contracts should have priority. 

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

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

8 brief the appropriate congressional committees on the De9 partment’s plan for completing all evaluations by October 

10 1, 2021, in accordance with subsection (a) and the 

11 prioritization system developed pursuant to subsection (b). 

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

14 (1) contractors deciding whether to bid on De15 partment contracts would benefit from greater un16 derstanding of the Department as a client; and 

17 (2) the Department should develop a forum 

18 where contractors can rate the Department’s project 

19 management performance. 

20 SEC. 205. GROWTH PROJECTIONS FOR NEW EMBASSIES 

21 AND CONSULATES. 

22 (a) IN GENERAL.—For each new United States em23 bassy compound (NEC) and new consulate compound 

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

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1 ment Policy, Rightsizing, and Innovation of the Depart2 ment shall project growth over the estimated life of the 

3 facility using all available and relevant data, including the 

4 following: 

5 (1) Relevant historical trends for Department 

6 personnel and personnel from other agencies rep7 resented at the NEC or NCC that is to be con8 structed. 

9 (2) An analysis of the tradeoffs between risk 

10 and the needs of United States Government policy 

11 conducted as part of the most recent Vital Presence 

12 Validation Process, if applicable. 

13 (3) Reasonable assumptions about the strategic 

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

15 over the life of the building at issue. 

16 (4) Any other data that would be helpful in pro17 jecting the future growth of NEC or NCC. 

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

19 Federal agency represented at a United States embassy 

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

21 growth projections for the personnel of each such agency 

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

23 the case may be. 


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

2 base its growth assumption for all NECs and NCCs on 

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

4 (d) CONGRESSIONAL NOTIFICATION.—Any congres5 sional notification of site selection for a NEC or NCC sub6 mitted after the date of the enactment of this Act shall 

7 include the growth assumption used pursuant to sub8 section (c). 

9 SEC. 206. LONG-RANGE PLANNING PROCESS. 

10 (a) PLANS REQUIRED.— 

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

12 after the date of the enactment of this Act and an13 nually thereafter for five years, the Secretary shall 

14 develop— 

15 (A) a comprehensive six-year Long-Range 

16 Overseas Buildings Plan (LROBP) docu17 menting the Department’s overseas building 

18 program for the replacement of overseas diplo19 matic posts taking into account security factors 

20 under the Secure Embassy Construction and 

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

24 the Occupational Safety and Health Act of 

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1 tions, including environmental factors such as 

2 indoor air quality that impact employee health 

3 and safety; and 

4 (B) a comprehensive six-year plan detailing 

5 the Department’s long-term planning for the 

6 maintenance and sustainment of completed dip7 lomatic posts, known as a Long-Range Overseas 

8 Maintenance Plan (LROMP), which takes into 

9 account security factors under the Secure Em10 bassy Construction and Counterterrorism Act of 

11 1999 and other relevant statutes and regula12 tions, as well as occupational safety and health 

13 factors pursuant to the Occupational Safety 

14 and Health Act of 1970 and other relevant 

15 statutes and regulations, including environ16 mental factors such as indoor air quality that 

17 impact employee health and safety. 

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

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

20 one-time status report on existing small diplomatic 

21 posts and a strategy for establishing a physical dip22 lomatic presence in countries in which there is no 

23 current physical diplomatic presence. Such report, 

24 which may include a classified annex, shall include 

25 the following: 


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1 (A) A description of the extent to which 

2 each small diplomatic post furthers the national 

3 interest of the United States. 

4 (B) A description of how each small diplo5 matic post provides American Citizen Services, 

6 including data on specific services provided and 

7 the number of Americans receiving services over 

8 the previous year. 

9 (C) A description of whether each small 

10 diplomatic post meets current security require11 ments. 

12 (D) A description of the full financial cost 

13 of maintaining each small diplomatic post. 

14 (E) Input from the relevant chiefs of mis15 sion on any unique operational or policy value 

16 the small diplomatic post provides. 

17 (3) UPDATED INFORMATION.—The annual up18 dates of each of the plans developed pursuant to 

19 paragraph (1) shall highlight any changes from the 

20 previous year’s plan to the ordering of construction 

21 and maintenance projects. 

22 (b) REPORTING REQUIREMENTS.— 

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

24 later than 60 days after the completion of the each 

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1 mit the plans to the appropriate congressional com2 mittees. 

3 (2) REFERENCE IN BUDGET JUSTIFICATION

4 MATERIALS.—In the budget justification materials 

5 submitted to the appropriate congressional commit6 tees in support of the Department’s budget for any 

7 fiscal year (as submitted with the budget of the 

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

9 States Code), the plans outlined in the LROBP and 

10 LROMP shall be referenced to justify funding re11 quested for building and maintenance projects over12 seas. 

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

14 under paragraph (1) shall be submitted in unclassi15 fied form but may include a classified annex. 

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

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

18 United States consulate that has employed five or fewer 

19 United States Government employees on average over the 

20 36 months prior to the date of the enactment of this Act. 

21 SEC. 207. VALUE ENGINEERING AND RISK ASSESSMENT. 

22 (a) FINDINGS.—Congress makes the following find23 ings: 

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1 ment tool, where appropriate, to reduce program and 

2 acquisition costs pursuant to OMB Circular A–131, 

3 Value Engineering, dated December 31, 2013. 

4 (2) OBO has a Policy Directive and Standard 

5 Operation Procedure, dated May 24, 2017, on con6 ducting risk management studies on all international 

7 construction projects. 

8 (b) NOTIFICATION REQUIREMENTS.— 

9 (1) SUBMISSION TO AUTHORIZING COMMIT10 TEES.—The proposed allocation of capital construc11 tion and maintenance funds that is required by the 

12 Committees on Appropriations of the Senate and the 

13 House of Representatives not later than 45 days 

14 after the date of the enactment of an Act making 

15 appropriations for the Department of State, foreign 

16 operations, and related programs shall also be sub17 mitted to the Committee on Foreign Relations of the 

18 Senate and the Committee on Foreign Affairs of the 

19 House of Representatives. 

20 (2) REQUIREMENT TO CONFIRM COMPLETION

21 OF VALUE ENGINEERING AND RISK ASSESSMENT

22 STUDIES.—The notifications required under para23 graph (1) shall include confirmation that the De24 partment has completed the requisite VE and risk 

25 management studies described in subsection (a). 


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1 (c) REPORTING AND BRIEFING REQUIREMENTS.— 

2 The Secretary shall provide to the appropriate congres3 sional committees upon request— 

4 (1) a description of each risk management 

5 study referred to in subsection (a)(2) and a table de6 tailing which recommendations related to each such 

7 study were accepted and which were rejected; and 

8 (2) a report or briefing detailing the rationale 

9 for not implementing any such recommendations 

10 that may otherwise yield significant cost savings to 

11 the Department if implemented. 

12 SEC. 208. BUSINESS VOLUME. 

13 Section 402(c)(2)(E) of the Omnibus Diplomatic Se14 curity and Antiterrorism Act of 1986 (22 U.S.C. 

15 4852(c)(2)(E)) is amended by striking ‘‘in 3 years’’ and 

16 inserting ‘‘cumulatively over 3 years’’. 

17 SEC. 209. EMBASSY SECURITY REQUESTS AND DEFI18 CIENCIES. 

19 The Secretary shall provide to the appropriate con20 gressional committees upon request information on secu21 rity deficiencies at United States diplomatic posts, includ22 ing relating to the following: 

23 (1) Requests made over the previous year by 

24 United States diplomatic posts for security up25 grades. 


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1 (2) Significant security deficiencies at United 

2 States diplomatic posts that are not operating out of 

3 a new embassy compound or new consulate com4 pound. 

5 SEC. 210. OVERSEAS SECURITY BRIEFINGS. 

6 Not later than one year after the date of the enact7 ment of this Act, the Secretary shall revise the Foreign 

8 Affairs Manual to stipulate that information on the cur9 rent threat environment shall be provided to all United 

10 States Government employees under chief of mission au11 thority traveling to a foreign country on official business. 

12 To the extent practicable, such material shall be provided 

13 to such employees prior to their arrival at a United States 

14 diplomatic post or as soon as possible thereafter. 

15 SEC. 211. CONTRACTING METHODS IN CAPITAL CONSTRUC16 TION. 

17 (a) DELIVERY.—Unless the Secretary notifies the ap18 propriate congressional committees that the use of the de19 sign-build project delivery method would not be appro20 priate, the Secretary shall make use of such method at 

21 United States diplomatic posts that have not yet received 

22 design or capital construction contracts as of the date of 

23 the enactment of this Act. 

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

25 a delivery method other than design-build in accordance 


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1 with subsection (a), the Secretary shall notify the appro2 priate congressional committees in writing of the decision, 

3 including the reasons therefor. The notification required 

4 by this subsection may be included in any other report 

5 regarding a new United States diplomatic post that is re6 quired to be submitted to the appropriate congressional 

7 committees. 

8 (c) PERFORMANCE EVALUATION.—Not later than 

9 180 days after the date of the enactment of this Act, the 

10 Secretary shall report to the appropriate congressional 

11 committees regarding performance evaluation measures in 

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

13 in the Federal Government’’ that will be applicable to de14 sign and construction, lifecycle cost, and building mainte15 nance programs of the Bureau of Overseas Building Oper16 ations of the Department. 

17 SEC. 212. COMPETITION IN EMBASSY CONSTRUCTION. 

18 Not later than 45 days after the date of the enact19 ment of this Act, the Secretary shall submit to the appro20 priate congressional committee a report detailing steps the 

21 Department is taking to expand the embassy construction 

22 contractor base in order to increase competition and maxi23 mize value. 

24 SEC. 213. DEFINITIONS. 

25 In this title: 


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

2 means a method of project delivery in which one en3 tity works under a single contract with the Depart4 ment to provide design and construction services. 

5 (2) NON-STANDARD DESIGN.—The term ‘‘non6 standard design’’ means a design for a new embassy 

7 compound project or new consulate compound 

8 project that does not utilize a standardized design 

9 for the structural, spatial, or security requirements 

10 of such embassy compound or consulate compound, 

11 as the case may be. 

12 TITLE III—PERSONNEL ISSUES 

13 SEC. 301. DEFENSE BASE ACT INSURANCE WAIVERS. 

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

15 days after the date of the enactment of this Act, the Sec16 retary shall apply to the Department of Labor for a waiver 

17 from insurance requirements under the Defense Base Act 

18 (42 U.S.C. 1651 et seq.) for all countries with respect to 

19 which the requirement was waived prior to January 2017, 

20 and for which there is not currently a waiver. 

21 (b) CERTIFICATION REQUIREMENT.—Not later than 

22 45 days after the date of the enactment of this Act, the 

23 Secretary shall certify to the appropriate congressional 

24 committees that the requirement in subsection (a) has 

25 been met. 


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1 SEC. 302. STUDY ON FOREIGN SERVICE ALLOWANCES. 

2 (a) REPORT REQUIRED.— 

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

4 after the date of the enactment of this Act, the Sec5 retary shall submit to the appropriate congressional 

6 committees a report detailing an empirical analysis 

7 on the effect of overseas allowances on the foreign 

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

9 conducted by a federally funded research and devel10 opment center with appropriate expertise in labor ec11 onomics and military compensation. 

12 (2) CONTENTS.—The analysis required under 

13 paragraph (1) shall— 

14 (A) identify all allowances paid to FSOs 

15 assigned permanently or on temporary duty to 

16 foreign areas; 

17 (B) examine the efficiency of the Foreign 

18 Service bidding system in determining foreign 

19 assignments; 

20 (C) examine the factors that incentivize 

21 FSOs to bid on particular assignments, includ22 ing danger levels and hardship conditions; 

23 (D) examine the Department’s strategy 

24 and process for incentivizing FSOs to bid on 

25 assignments that are historically in lower de26 mand, including with monetary compensation, 


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1 and whether monetary compensation is nec2 essary for assignments in higher demand; 

3 (E) make any relevant comparisons to 

4 military compensation and allowances, noting 

5 which allowances are shared or based on the 

6 same regulations; 

7 (F) recommend options for restructuring 

8 allowances to improve the efficiency of the as9 signments system and better align FSO incen10 tives with the needs of the Foreign Service, in11 cluding any cost savings associated with such 

12 restructuring; 

13 (G) recommend any statutory changes nec14 essary to implement subparagraph (F), such as 

15 consolidating existing legal authorities for the 

16 provision of hardship and danger pay; and 

17 (H) detail any effects of recommendations 

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

19 on other United States Government depart20 ments and agencies with civilian employees per21 manently assigned or on temporary duty in for22 eign areas, following consultation with such de23 partments and agencies. 

24 (b) BRIEFING REQUIREMENT.—Before initiating the 

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


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

2 the Secretary shall provide to the Committee on Foreign 

3 Relations of the Senate and the Committee on Foreign 

4 Affairs in the House of Representatives a briefing on the 

5 implementation of this section that includes the following: 

6 (1) The name of the federally funded research 

7 and development center that will conduct such anal8 ysis. 

9 (2) The scope of such analysis and terms of ref10 erence for such analysis as specified between the De11 partment and such federally funded research and de12 velopment center. 

13 (c) AVAILABILITY OF INFORMATION.— 

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

15 available to the federally funded research and devel16 opment center carrying out the analysis required 

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

18 information to allow such center to conduct such 

19 analysis in a quantitative and analytical manner, in20 cluding historical data on the number of bids for 

21 each foreign assignment and any survey data col22 lected by the Department from eligible bidders on 

23 their bid decision-making. 

24 (2) COOPERATION.—The Secretary shall work 

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1 ernment departments and agencies to ensure such 

2 departments and agencies provide all necessary and 

3 relevant information to the federally funded research 

4 and development center carrying out the analysis re5 quired under subsection (a)(1). 

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

7 shall require that the chief executive officer of the feder8 ally funded research and development center that carries 

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

10 to the Committee on Foreign Relations of the Senate and 

11 the Committee on Foreign Affairs of the House of Rep12 resentatives an interim report on such analysis not later 

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

14 SEC. 303. SCIENCE AND TECHNOLOGY FELLOWSHIPS. 

15 Section 504 of the Foreign Relations Authorization 

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

17 adding at the end the following new subsection: 

18 ‘‘(e) GRANTS AND COOPERATIVE AGREEMENTS RE19 LATED TO SCIENCE AND TECHNOLOGY FELLOWSHIP

20 PROGRAMS.— 

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

22 to make grants or enter into cooperative agreements 

23 related to Department of State science and tech24 nology fellowship programs, including for assistance 


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1 in recruiting fellows and the payment of stipends, 

2 travel, and other appropriate expenses to fellows. 

3 ‘‘(2) EXCLUSION FROM CONSIDERATION AS

4 COMPENSATION.—Stipends under paragraph (1) 

5 shall not be considered compensation for purposes of 

6 section 209 of title 18, United States Code. 

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

8 amount of grants made pursuant to this subsection 

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

10 SEC. 304. TRAVEL FOR SEPARATED FAMILIES. 

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

12 (22 U.S.C. 4081(15)) is amended— 

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

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

15 below age 21 of a member of the Service assigned 

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

17 children below age 21 of a member of the Service as18 signed abroad, 1 round-trip per year’’; 

19 (2) in subparagraph (A)— 

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

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

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

23 comma; 

24 (3) in subparagraph (B)— 


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

2 ‘‘to visit the other parent’’; and 

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

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

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

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

9 and that parent is not receiving an education 

10 allowance or educational travel allowance for 

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

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

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

14 as added by paragraph (4) of this section, by strik15 ing ‘‘a payment’’ and inserting ‘‘the cost of round16 trip travel’’. 

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

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

19 (22 U.S.C. 4083(b)) is amended by adding at the end the 

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

21 members of a member of the Service reside apart from 

22 the member at authorized locations outside the United 

23 States because they are prevented by official order from 

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

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


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1 family members reside, notwithstanding section 6305 of 

2 title 5, United States Code.’’. 

3 SEC. 306. SENSE OF CONGRESS REGARDING CERTAIN FEL4 LOWSHIP PROGRAMS. 

5 It is the sense of Congress that— 

6 (1) Department fellowships that promote the 

7 employment of candidates belonging to under-rep8 resented groups, including the Charles B. Rangel 

9 International Affairs Graduate Fellowship Program, 

10 the Thomas R. Pickering Foreign Affairs Fellowship 

11 Program, and the Donald M. Payne International 

12 Development Fellowship Program, represent smart 

13 investments vital for building a strong, capable, and 

14 representative national security workforce; and 

15 (2) the Secretary of State and the Adminis16 trator of the United States Agency for International 

17 Development should fulfill the terms of their fellow18 ship agreements with each participant in the Fellow19 ship Programs referred to in paragraph (1), as spec20 ified in the original contractual agreements with 

21 each such participant. 

22 SEC. 307. TECHNICAL CORRECTION. 

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

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

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


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1 (1) striking ‘‘promotion’’ and inserting ‘‘pro2 motion, on or after January 1, 2017,’’; and 

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

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

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

6 who has general responsibility for carrying out the 

7 functions of the Service’’. 

8 SEC. 308. FOREIGN SERVICE AWARDS. 

9 (a) IN GENERAL.—Section 614 of the Foreign Serv10 ice Act of 1980 (22 U.S.C. 4013) is amended— 

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

12 follows: ‘‘DEPARTMENT AWARDS’’; and 

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

14 Service’’ after ‘‘the Service’’. 

15 (b) CONFORMING AMENDMENT.—The item relating 

16 to section 614 in the table of contents of the Foreign Serv17 ice Act of 1980 is amended to read as follows: 

‘‘Sec. 614. Department awards.’’. 

18 SEC. 309. DIPLOMATIC PROGRAMS. 

19 (a) SENSE OF CONGRESS ON WORKFORCE RECRUIT20 MENT.—It is the sense of Congress that the Secretary 

21 should continue to hold entry-level classes for Foreign 

22 Service officers and specialists and continue to recruit civil 

23 servants through programs such as the Presidential Man24 agement Fellows Program and Pathways Internship Pro25 grams in a manner and at a frequency consistent with 


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1 prior years and consistent with the need to maintain a 

2 pool of experienced personnel effectively distributed across 

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

4 that absent continuous recruitment and training of For5 eign Service officers and civil servants, the Department 

6 will lack experienced, qualified personnel in the short, me7 dium, and long terms. 

8 (b) LIMITATION.—The Secretary may not obligate or 

9 expend any amounts for any reduction-in-force action 

10 under section 3502 or 3595 of title 5, United States Code, 

11 or for any incentive payments for early separation or re12 tirement under any other provision of law unless— 

13 (1) the appropriate congressional committees 

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

15 obligation or expenditure; and 

16 (2) the Secretary has provided to the appro17 priate congressional committees a detailed report 

18 that describes the Department’s strategic staffing 

19 goals, including— 

20 (A) a justification that describes how any 

21 proposed workforce reduction enhances the ef22 fectiveness of the Department; 

23 (B) a certification that such workforce re24 duction is in the national interest of the United 

25 States; 


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1 (C) a comprehensive strategic staffing plan 

2 for the Department, including five-year work3 force forecasting and a description of the antici4 pated impact of any proposed workforce reduc5 tion; and 

6 (D) a dataset displaying comprehensive 

7 workforce data for all current and planned em8 ployees of the Department, disaggregated by— 

9 (i) Foreign Service officer and For10 eign Service specialist rank; 

11 (ii) civil service job skill code, grade 

12 level, and bureau of assignment; 

13 (iii) contracted employees, including 

14 the equivalent job skill code and bureau of 

15 assignment; and 

16 (iv) employees hired under schedule C 

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

18 of Federal Regulations, including their 

19 equivalent grade and job skill code and bu20 reau of assignment. 

21 SEC. 310. SENSE OF CONGRESS REGARDING VETERANS EM22 PLOYMENT AT THE DEPARTMENT OF STATE. 

23 It is the sense of Congress that— 

24 (1) the Department should continue to promote 

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1 tion 301 of the Foreign Service Act of 1980 (22 

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

3 Act, including those veterans belonging to tradition4 ally underrepresented groups at the Department; 

5 (2) veterans employed by the Department have 

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

8 bureaus and diplomatic posts overseas; and 

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

12 SEC. 311. EMPLOYEE ASSIGNMENT RESTRICTIONS AND 

13 PRECLUSIONS. 

14 (a) SENSE OF CONGRESS.—It is the sense of Con15 gress that the Department should expand the appeal proc16 ess it makes available to employees related to assignment 

17 preclusions and restrictions. 

18 (b) APPEAL OF ASSIGNMENT RESTRICTION OR PRE19 CLUSION.—Section 502(a)(2) of the Foreign Service Act 

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

21 112 of this Act, is further amended by adding at the end 

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

23 an assignment restriction or preclusion shall have the 

24 same appeal rights as provided by the Department regard25 ing denial or revocation of a security clearance. Any such 


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

2 appeal is filed.’’. 

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

4 days after the date of the enactment of this Act, the Sec5 retary shall revise, and certify to the appropriate congres6 sional committees regarding such revision, the Foreign Af7 fairs Manual guidance regarding denial or revocation of 

8 a security clearance to expressly state that all review and 

9 appeal rights relating thereto shall also apply to any rec10 ommendation or decision to impose an assignment restric11 tion or preclusion to an employee. 

12 SEC. 312. RECALL AND REEMPLOYMENT OF CAREER MEM13 BERS. 

14 (a) SENSE OF CONGRESS.—It is the sense of Con15 gress that— 

16 (1) career Department employees provide in17 valuable service to the United States as nonpartisan 

18 professionals who contribute subject matter expertise 

19 and professional skills to the successful development 

20 and execution of United States foreign policy; and 

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

22 the Foreign and civil service who have voluntarily 

23 separated from the Foreign or civil service due to 

24 family reasons or to obtain professional skills outside 

25 government is of benefit to the Department. 


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1 (b) RE-EMPLOYMENT.—Subsection (b) of section 308 

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

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

4 ‘‘Former career tenured members of the Service seeking 

5 reappointment, if separated for other than cause for up 

6 to three years prior to the date of the enactment of this 

7 sentence, shall be eligible to participate in the regular as8 signment bidding process without restriction and shall not 

9 be required to accept a directed first assignment upon re10 appointment.’’. 

11 (c) NOTICE OF EMPLOYMENT OPPORTUNITIES.— 

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

13 is amended by inserting after chapter 102 the fol14 lowing new chapter: 

15 ‘‘CHAPTER 103—NOTICE OF EMPLOYMENT 

16 OPPORTUNITIES FOR DEPARTMENT 

17 OF STATE AND USAID POSITIONS 

18 ‘‘§ 10301. Notice of employment opportunities for De19 partment of State and USAID positions 

20 ‘‘To ensure that individuals who have separated from 

21 the Department of State or the United States Agency for 

22 International Development and who are eligible for re23 appointment are aware of such opportunities, the Depart24 ment of State and the United States Agency for Inter25 national Development shall publicize notice of all employVerDate Sep 11 2014 21:57 Jun 24, 2019 Jkt 089200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\H3352.IH H3352

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1 ment opportunities, including positions for which the rel2 evant agency is accepting applications from individuals 

3 within the agency’s workforce under merit promotion pro4 cedures, on publicly accessible sites, including 

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

6 notice shall expressly state that former employees eligible 

7 for reinstatement may apply.’’. 

8 (2) CLERICAL AMENDMENT.—The table of sec9 tions for subpart I of title 5, United States Code, is 

10 amended by adding at the end the following: 

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

USAID positions’’. 

11 (d) RECALL.—Subsection (a) of section 308 of the 

12 Foreign Service Act of 1980 (22 U.S.C. 3948) is amended 

13 to read as follows: 

14 ‘‘(a) Whenever the Secretary determines that the 

15 needs of the Department so require, the Secretary may 

16 recall any retired or voluntarily separated career member 

17 of the Service, or any retired or voluntarily separated ca18 reer employee of the civil service (within the meaning of 

19 section 315.201 of title 5, Code of Federal Regulations 

20 (or successor section)), for active duty in the same per21 sonnel category as such member or employee was serving 

22 at the time of retirement or voluntary separation. A re23 called retired or voluntarily separated career member of 

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1 ployee of the civil service may not be recalled to a salary 

2 class higher than the one in which such member or em3 ployee was serving at the time of retirement or voluntary 

4 separation, unless appointed to such higher class by the 

5 President, by and with the advice and consent of the Sen6 ate.’’. 

7 SEC. 313. STRATEGIC STAFFING PLAN FOR THE DEPART8 MENT. 

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

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

11 submit to the appropriate congressional committees a 

12 comprehensive five-year strategic staffing plan for the De13 partment that is aligned with and furthers the objectives 

14 of the National Security Strategy of the United States of 

15 America issued in December 2017, or any subsequent 

16 strategy issued not later than 18 months after the date 

17 of the enactment of this Act, which shall include the fol18 lowing: 

19 (1) A dataset displaying comprehensive work20 force data for all current and planned employees of 

21 the Department, disaggregated by— 

22 (A) Foreign Service officer and Foreign 

23 Service specialist rank; 

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

25 and bureau of assignment; 


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1 (C) contracted employees, including the 

2 equivalent job skill code and bureau of assign3 ment; and 

4 (D) employees hired under schedule C of 

5 subpart C of part 213 of title 5, Code of Fed6 eral Regulations, including the equivalent grade 

7 and job skill code and bureau of assignment of 

8 such employee. 

9 (2) Recommendations on the number of For10 eign Service offices disaggregated by service cone 

11 that should be posted at each United States diplo12 matic post in the District of Columbia, with a de13 tailed basis for such recommendations. 

14 (3) Recommendations on the number of civil 

15 service officers that should be employed by the De16 partment, with a detailed basis for such rec17 ommendations. 

18 (b) MAINTENANCE.—The dataset required under 

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

20 regular basis. 

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

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

23 may consult or partner with private sector entities with 

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1 sources, as well as organizations familiar with the de2 mands and needs of the Department’s workforce. 

3 SEC. 314. CONSULTING SERVICES. 

4 (a) IN GENERAL.—Chapter 103 of title 5 of the 

5 United States Code, as added by section 313 of this Act, 

6 is amended by adding at the end the following: 

7 ‘‘§ 10302. Consulting services for the Department of 

8 State. 

9 ‘‘Any consulting service obtained by the Department 

10 of State through procurement contract pursuant to section 

11 3109 of title 5, United States Code, shall be limited to 

12 those contracts with respect to which expenditures are a 

13 matter of public record and available for public inspection, 

14 except if otherwise provided under existing law, or under 

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

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

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

18 by adding after the item relating to section 10302 the fol19 lowing new item: 

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

20 SEC. 315. INCENTIVES FOR CRITICAL POSTS. 

21 Section 1115(d) of the Supplemental Appropriations 

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

23 the last sentence. 


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1 SEC. 316. EXTENSION OF AUTHORITY FOR CERTAIN AC2 COUNTABILITY REVIEW BOARDS. 

3 Section 301(a)(3) of the Omnibus Diplomatic Secu4 rity and Antiterrorism Act of 1986 (22 U.S.C. 

5 4831(a)(3)) is amended— 

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

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

8 AND’’; and 

9 (2) in subparagraph (A)— 

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

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

12 or’’; and 

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

14 on October 1, 2005, and ending on September 

15 30, 2009’’ and inserting ‘‘beginning on October 

16 1, 2019, and ending on September 30, 2022’’. 

17 SEC. 317. FOREIGN SERVICE SUSPENSION WITHOUT PAY. 

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

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

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

21 subparagraph (A), by striking ‘‘suspend’’ and insert22 ing ‘‘indefinitely suspend without duties’’; 

23 (2) by redesignating paragraph (5) as para24 graph (7); 

25 (3) by inserting after paragraph (4) the fol26 lowing new paragraphs: 


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1 ‘‘(5) Any member of the Service suspended from du2 ties under this subsection may be suspended without pay 

3 only after a final written decision is provided to such mem4 ber under paragraph (2). 

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

6 has been provided within one calendar year of the date 

7 the suspension at issue was proposed, not later than 30 

8 days thereafter the Secretary of State shall report to the 

9 Committee on Foreign Affairs of the House of Representa10 tives and the Committee on Foreign Relations of the Sen11 ate in writing regarding the specific reasons for such 

12 delay.’’; and 

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

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

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

16 The term’’ and inserting the following: 

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

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

19 to the definition of ‘‘suspend’’ and ‘‘suspen20 sion’’); and 

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

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

23 moving such subparagraphs two ems to the left. 


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1 TITLE IV—A DIVERSE WORK2 FORCE: RECRUITMENT, RE3 TENTION, AND PROMOTION 

4 SEC. 401. DEFINITIONS. 

5 In this title: 

6 (1) APPLICANT FLOW DATA.—The term ‘‘appli7 cant flow data’’ means data that tracks the rate of 

8 applications for job positions among demographic 

9 categories. 

10 (2) DEMOGRAPHIC DATA.—The term ‘‘demo11 graphic data’’ means facts or statistics relating to 

12 the demographic categories specified in the Office of 

13 Management and Budget statistical policy directive 

14 entitled ‘‘Standards for Maintaining, Collecting, and 

15 Presenting Federal Data on Race and Ethnicity’’ 

16 (81 Fed. Reg. 67398). 

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

18 those classes of persons protected under the Civil 

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

20 the Americans with Disabilities Act of 1990 (42 

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

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

23 means— 


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1 (A) individuals serving in a position in the 

2 civil service (as defined in section 2101 of title 

3 5, United States Code); 

4 (B) individuals who are members of the 

5 Foreign Service (as defined in section 103 of 

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

7 3902)); 

8 (C) all individuals serving under a personal 

9 services agreement or personal services con10 tract; 

11 (D) all individuals serving under a Foreign 

12 Service Limited appointment under section 309 

13 of the Foreign Service Act of 1980; or 

14 (E) individuals working in the Department 

15 of State under any other authority. 

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

17 WORKFORCE DATA. 

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

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

20 in consultation with the Director of the Office of Per21 sonnel Management and the Director of the Office of Man22 agement and Budget, submit to the appropriate congres23 sional committees a report, which shall also be posted on 

24 a publicly available website of the Department in a search25 able database format, that includes disaggregated demoVerDate Sep 11 2014 21:57 Jun 24, 2019 Jkt 089200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\H3352.IH H3352

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1 graphic data and other information regarding the diversity 

2 of the workforce of the Department. 

3 (b) DATA.—The report under subsection (a) shall in4 clude the following data: 

5 (1) Demographic data on each element of the 

6 workforce of the Department, disaggregated by rank 

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

8 following groups: 

9 (A) Applicants for positions in the Depart10 ment. 

11 (B) Individuals hired to join the workforce. 

12 (C) Individuals promoted during the 2-year 

13 period ending on the date of the enactment of 

14 this Act, including promotions to and within the 

15 Senior Executive Service or the Senior Foreign 

16 Service. 

17 (D) Individuals serving on applicable selec18 tion boards. 

19 (E) Members of any external advisory com20 mittee or board who are subject to appointment 

21 by individuals at senior positions in the Depart22 ment. 

23 (F) Individuals participating in profes24 sional development programs of the Depart25 ment, and the extent to which such participants 


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1 have been placed into senior positions within 

2 the Department after such participation. 

3 (G) Individuals participating in mentorship 

4 or retention programs. 

5 (H) Individuals who separated from the 

6 agency during the 2-year period ending on the 

7 date of the enactment of this Act, including in8 dividuals in the Senior Executive Service or the 

9 Senior Foreign Service. 

10 (2) An assessment of agency compliance with 

11 the essential elements identified in Equal Employ12 ment Opportunity Commission Management Direc13 tive 715, effective October 1, 2003. 

14 (3) Data on the overall number of individuals 

15 who are part of the workforce, the percentages of 

16 such workforce corresponding to each element listed 

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

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

19 (c) RECOMMENDATION.—The Secretary may include 

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

21 the Director of Office of Management and Budget and to 

22 the appropriate congressional committees regarding 

23 whether the Department should collect more detailed data 

24 on demographic categories in addition to the race and eth25 nicity categories specified in the Office of Management 


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1 and Budget statistical policy directive entitled ‘‘Standards 

2 for Maintaining, Collecting, and Presenting Federal Data 

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

4 (d) OTHER CONTENTS.—The report under sub5 section (a) shall also describe the efforts of the Depart6 ment— 

7 (1) to propagate fairness, impartiality, and in8 clusion in the work environment, both domestically 

9 and abroad; 

10 (2) to enforce anti-harassment and anti-dis11 crimination policies; 

12 (3) to refrain from engaging in unlawful dis13 crimination in any phase of the employment process, 

14 including recruitment, hiring, evaluation, assign15 ments, promotion, retention, and training; 

16 (4) to prevent illegal retaliation against employ17 ees for participating in a protected equal employ18 ment opportunity activity; 

19 (5) to provide reasonable accommodation for 

20 qualified employees and applicants with disabilities; 

21 and 

22 (6) to recruit a representative workforce by— 

23 (A) recruiting women and minorities; 

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1 serving institutions, and other institutions serv2 ing a significant percentage of minority stu3 dents; 

4 (C) placing job advertisements in news5 papers, magazines, and job sites oriented to6 ward women and minorities; 

7 (D) sponsoring and recruiting at job fairs 

8 in urban and rural communities and land-grant 

9 colleges or universities; 

10 (E) providing opportunities through the 

11 Foreign Service Internship Program under 

12 chapter 12 of the Foreign Service Act of 1980 

13 (22 U.S.C. 4141 et seq.) and other hiring ini14 tiatives; 

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

16 professionals through programs designed to in17 crease minority representation in international 

18 affairs; 

19 (G) offering the Foreign Service written 

20 and oral assessment examinations in several lo21 cations throughout the United States to reduce 

22 the burden of applicants having to travel at 

23 their own expense to take either or both such 

24 examinations; and 


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1 (H) support recruiting and hiring opportu2 nities through— 

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

5 (ii) the Thomas R. Pickering Foreign 

6 Affairs Fellowship Program; 

7 (iii) the Donald M. Payne Inter8 national Development Fellowship Program; 

9 and 

10 (iv) other initiatives, including agency11 wide policy initiatives. 

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

13 after the publication of the report required under sub14 section (a) and annually thereafter for the following five 

15 years, the Secretary shall work with the Director of the 

16 Office of Personnel Management and the Director of the 

17 Office of Management and Budget to provide a report to 

18 the appropriate congressional committees, which shall be 

19 posted on the Department’s website, which may be in20 cluded in another annual report required under another 

21 provision of law, that includes— 

22 (1) disaggregated demographic data relating to 

23 the workforce and information on the status of di24 versity and inclusion efforts of the Department; 

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


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1 (3) disaggregated demographic data relating to 

2 participants in professional development programs of 

3 the Department and the rate of placement into sen4 ior positions for participants in such programs. 

5 SEC. 403. EXIT INTERVIEWS FOR WORKFORCE. 

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

7 the Foreign Service and the Director of Human Resources 

8 of the Department should conduct periodic interviews with 

9 a representative and diverse cross-section of the workforce 

10 of the Department— 

11 (1) to understand the reasons of individuals in 

12 such workforce for remaining in a position in the 

13 Department; and 

14 (2) to receive feedback on workplace policies, 

15 professional development opportunities, and other 

16 issues affecting the decision of individuals in the 

17 workforce to remain in the Department. 

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

19 the Foreign Service and the Director of Human Resources 

20 shall provide an opportunity for an exit interview to each 

21 individual in the workforce of the Department who sepa22 rates from service with the Department to better under23 stand the reasons of such individual for leaving such serv24 ice. 


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1 (c) USE OF ANALYSIS FROM INTERVIEWS.—The Di2 rector General of the Foreign Service and the Director of 

3 Human Resources shall analyze demographic data and 

4 other information obtained through interviews under sub5 sections (a) and (b) to determine— 

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

7 participating in such interviews impacts the results; 

8 and 

9 (2) whether to implement any policy changes or 

10 include any recommendations in a report required 

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

12 to the determination reached pursuant to paragraph 

13 (1). 

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

15 (1) track demographic data relating to partici16 pants in professional development programs and the 

17 rate of placement into senior positions for partici18 pants in such programs; 

19 (2) annually evaluate such data— 

20 (A) to identify ways to improve outreach 

21 and recruitment for such programs, consistent 

22 with merit system principles; and 

23 (B) to understand the extent to which par24 ticipation in any professional development pro25 gram offered or sponsored by the Department 


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1 differs among the demographic categories of the 

2 workforce; and 

3 (3) actively encourage participation from a 

4 range of demographic categories, especially from cat5 egories with consistently low participation, in such 

6 professional development programs. 

7 SEC. 404. RECRUITMENT AND RETENTION. 

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

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

10 of applicants; and 

11 (2) instruct the Director General of the Foreign 

12 Service and the Director of the Bureau of Human 

13 Resources of the Department to have a recruitment 

14 plan of action for the recruitment of people belong15 ing to traditionally under-represented groups, which 

16 should include outreach at appropriate colleges, uni17 versities, affinity groups, and professional associa18 tions. 

19 (b) SCOPE.—The diversity recruitment initiatives de20 scribed in subsection (a) should include— 

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

22 Black colleges and universities, minority-serving in23 stitutions, and other institutions serving a signifi24 cant percentage of minority students; 


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1 (2) placing job advertisements in newspapers, 

2 magazines, and job sites oriented toward diverse 

3 groups; 

4 (3) sponsoring and recruiting at job fairs in 

5 urban and rural communities and land-grant colleges 

6 or universities; 

7 (4) providing opportunities through highly re8 spected, international leadership programs, that 

9 focus on diversity recruitment and retention; and 

10 (5) cultivating partnerships with organizations 

11 dedicated to the advancement of the profession of 

12 international affairs and national security to advance 

13 shared diversity goals. 

14 (c) EXPAND TRAINING ON ANTI-HARASSMENT AND

15 ANTI-DISCRIMINATION.— 

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

17 the Foreign Service Institute and other educational 

18 and training opportunities— 

19 (A) expand the provision of training on 

20 workplace rights and responsibilities to focus on 

21 anti-harassment and anti-discrimination infor22 mation and policies; and 

23 (B) make such expanded training manda24 tory for— 


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1 (i) individuals in senior and super2 visory positions; and 

3 (ii) individuals having responsibilities 

4 related to recruitment, retention, or pro5 motion of employees. 

6 (2) BEST PRACTICES.—Each agency shall give 

7 special attention to ensuring the continuous incorpo8 ration of research-based best practices in training 

9 provided under this subsection. 

10 SEC. 405. EXAMINATION AND ORAL ASSESSMENT FOR THE 

11 FOREIGN SERVICE. 

12 (a) SENSE OF CONGRESS.—It is the sense of Con13 gress that the Department should offer both the Foreign 

14 Service written examination and oral assessment in more 

15 locations throughout the United States. Doing so would 

16 ease the financial burden on potential candidates who do 

17 not currently reside in and must travel at their own ex18 pense to one of the few locations where these assessments 

19 are offered. 

20 (b) FOREIGN SERVICE EXAMINATIONS.—Section 

21 301(b) of the Foreign Service Act of 1980 (22 U.S.C. 

22 3941) is amended— 

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

24 ‘‘(1) The Secretary’’; and 


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

2 paragraph: 

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

4 Examiners for the Foreign Service annually offers the oral 

5 assessment examinations described in paragraph (1) in 

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

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

8 SEC. 406. PAYNE FELLOWSHIP AUTHORIZATION. 

9 (a) IN GENERAL.—Undergraduate and graduate 

10 components of the Donald M. Payne International Devel11 opment Fellowship Program may conduct outreach to at12 tract outstanding students with an interest in pursuing 

13 a Foreign Service career who represent diverse ethnic and 

14 socioeconomic backgrounds. 

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

16 shall review past programs designed to increase minority 

17 representation in international affairs positions. 

18 SEC. 407. VOLUNTARY PARTICIPATION. 

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

20 construed so as to compel any employee to participate in 

21 the collection of the data or divulge any personal informa22 tion. Department employees shall be informed that their 

23 participation in the data collection contemplated by this 

24 title is voluntary. 


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1 (b) PRIVACY PROTECTION.—Any data collected 

2 under this title shall be subject to the relevant privacy pro3 tection statutes and regulations applicable to Federal em4 ployees. 

5 TITLE V—INFORMATION 

6 SECURITY 

7 SEC. 501. DEFINITIONS. 

8 In this title: 

9 (1) INFORMATION SYSTEM.—The term ‘‘infor10 mation system’’ has the meaning given such term in 

11 section 3502 of title 44, United States Code. 

12 (2) INTELLIGENCE COMMUNITY.—The term 

13 ‘‘intelligence community’’ has the meaning given 

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

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

16 (3) RELEVANT CONGRESSIONAL COMMIT17 TEES.—The term ‘‘relevant congressional commit18 tees’’ means— 

19 (A) the appropriate congressional commit20 tees; 

21 (B) the Select Committee on Intelligence 

22 of the Senate; and 

23 (C) the Permanent Select Committee on 

24 Intelligence of the House of Representatives. 


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1 SEC. 502. INFORMATION SYSTEM SECURITY. 

2 (a) DEFINITIONS.—In this section: 

3 (1) INCIDENT.—The term ‘‘incident’’ has the 

4 meaning given such term in section 3552(b) of title 

5 44, United States Code. 

6 (2) PENETRATION TEST.—The term ‘‘penetra7 tion test’’ means a test methodology in which asses8 sors attempt to circumvent or defeat the security 

9 features of an information system. 

10 (b) CONSULTATIONS PROCESS.—Not later than 60 

11 days after the date of the enactment of this Act, the Sec12 retary shall establish a process for conducting semiannual 

13 consultations with the Secretary of Defense, the Director 

14 of National Intelligence, the Secretary of Homeland Secu15 rity, and any other department or agency representative 

16 who the Secretary determines to be appropriate regarding 

17 the security of United States Government and nongovern18 mental information systems used or operated by the De19 partment, a contractor of the Department, or another or20 ganization on behalf of the Department, including any 

21 such systems or networks facilitating the use of sensitive 

22 or classified information. 

23 (c) INDEPENDENT PENETRATION TESTING OF IN24 FORMATION SYSTEMS.—In coordination with the consulta25 tions under subsection (b), the Secretary shall commission 

26 independent, semiannual penetration tests, which shall be 


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1 carried out by an appropriate Federal department or agen2 cy other than the Department, such as the Department 

3 of Homeland Security or the National Security Agency, 

4 to ensure that adequate policies and protections are imple5 mented to detect and prevent penetrations or compromises 

6 of such information systems, including malicious intru7 sions by any unauthorized individual, state actor, or other 

8 entity. 

9 (d) WAIVER.—The Secretary may waive the require10 ment under subsection (c) for up to one year if the Sec11 retary— 

12 (1) determines that such requirement would 

13 have adverse effects on national security or the dip14 lomatic mission of the Department; and 

15 (2) not later than 30 days after the commence16 ment of such a determination, submits to the rel17 evant congressional committees a written justifica18 tion that describes how such penetration tests would 

19 undermine national security or the diplomatic mis20 sion of the Department. 

21 (e) INCIDENT REPORTING.—Not later than 180 days 

22 after the date of the enactment of this Act and annually 

23 thereafter for three years, the Secretary, in consultation 

24 with the Secretary of Defense, the Director of the Na25 tional Intelligence, the Secretary of Homeland Security, 


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1 and any other department or agency representative who 

2 the Secretary determines to be appropriate, shall securely 

3 submit to the relevant congressional committees a classi4 fied report that describes in detail the following: 

5 (1) For the first reporting period, all known 

6 and suspected incidents affecting the information 

7 systems specified in subsection (b) that occurred 

8 during the 180-day period immediately preceding the 

9 date of the enactment of this Act. 

10 (2) For all subsequent reporting periods, all 

11 known and suspected incidents affecting the infor12 mation systems specified in subsection (b) that oc13 curred since the submission of the most recent re14 port. 

15 (f) CONTENTS.—Each report under subsection (e) 

16 shall include, for the relevant reporting period, a summary 

17 overview addressing the following: 

18 (1) A description of the relevant information 

19 system, as specified in subsection (b), that experi20 enced a known or suspected incident. 

21 (2) An assessment of the date and time each 

22 such incident occurred or was suspected to have oc23 curred. 

24 (3) An assessment of the duration over which 

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1 ing taken place, including whether such incident is 

2 ongoing. 

3 (4) An assessment of the volume and sensitivity 

4 of information accessed, compromised, or potentially 

5 compromised by each incident, including any such 

6 information contained on information systems 

7 owned, operated, managed, or utilized by any other 

8 Federal department or agency. 

9 (5) An assessment of whether such information 

10 system was compromised by such incident, including 

11 an assessment of the following: 

12 (A) The known or suspected perpetrators, 

13 including state actors. 

14 (B) The methods used to carry out the in15 cident. 

16 (C) The known or suspected intent of the 

17 actors in accessing the information system. 

18 (6) A description of the actions the Department 

19 has taken or plans to take, including timelines and 

20 descriptions of any progress on plans described in 

21 prior reports, to prevent future, similar incidents af22 fecting such information systems. 


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1 SEC. 503. PROHIBITION ON CONTRACTING WITH CERTAIN 

2 TELECOMMUNICATIONS PROVIDERS. 

3 (a) LIST OF COVERED CONTRACTORS.—Not later 

4 than 30 days after the date of the enactment of this Act, 

5 the Secretary, in consultation with the Director of Na6 tional Intelligence, shall develop or maintain, as the case 

7 may be, and update as frequently as the Secretary deter8 mines appropriate, a list of covered contractors with re9 spect to which the prohibition specified in subsection (b) 

10 shall apply. 

11 (b) PROHIBITION ON CONTRACTS.—The Secretary 

12 may not enter into a contract with a covered contractor 

13 on the list described in subsection (a). 

14 (c) REMOVAL FROM LIST.—To be removed from the 

15 list described in subsection (a), a covered contractor may 

16 submit a request to the Secretary in such manner as the 

17 Secretary determines appropriate. The Secretary, in con18 sultation with the Director of National Intelligence, shall 

19 determine a process for removing covered contractors from 

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

21 (d) WAIVERS.— 

22 (1) IN GENERAL.—The President or the Sec23 retary may waive the prohibition specified in sub24 section (b) if the President or the Secretary deter25 mines that such waiver is justified for national secu26 rity reasons. 


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1 (2) WAIVER FOR OVERSEAS OPERATIONS.—The 

2 Secretary may waive the prohibition specified in sub3 section (b) for United States diplomatic posts or dip4 lomatic personnel overseas if the Secretary, in con5 sultation with the Director of National Intelligence, 

6 determines that no suitable alternatives are avail7 able. 

8 (e) COVERED CONTRACTOR DEFINED.—In this sec9 tion, the term ‘‘covered contractor’’ means a provider of 

10 telecommunications, telecommunications equipment, or in11 formation technology equipment, including hardware, soft12 ware, or services, that has knowingly assisted or facilitated 

13 a cyber attack or conducted surveillance, including passive 

14 or active monitoring, carried out against the United States 

15 by, or on behalf of, any government, or persons associated 

16 with such government, listed as a cyber threat actor in 

17 the intelligence community’s 2017 assessment of world18 wide threats to United States national security or any sub19 sequent worldwide threat assessment of the intelligence 

20 community. 

21 (f) EFFECTIVE DATE.—This section shall apply with 

22 respect to contracts of a covered contractor entered into 

23 on or after the date of the enactment of this Act. 


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1 SEC. 504. PRESERVING RECORDS OF ELECTRONIC COMMU2 NICATIONS CONDUCTED RELATED TO OFFI3 CIAL DUTIES OF POSITIONS IN THE PUBLIC 

4 TRUST OF THE AMERICAN PEOPLE. 

5 (a) SENSE OF CONGRESS.—It is the sense of Con6 gress that, as a matter of rule of law and transparency 

7 in a democratic government, all officers and employees of 

8 the Department and the United States Agency for Inter9 national Development must preserve all records of commu10 nications conducted in their official capacities or related 

11 to their official duties with entities outside of the United 

12 States Government. It is further the sense of Congress 

13 that such practice should include foreign government offi14 cials or other foreign entities which may seek to influence 

15 United States Government policies and actions. 

16 (b) PUBLICATION.—Not later than 180 days after the 

17 date of the enactment of this Act, the Secretary shall pub18 lish in the Foreign Affairs Manual guidance implementing 

19 chapter 31 of title 44, United States Code (commonly re20 ferred to as the ‘‘Federal Records Act’’), to treat elec21 tronic messaging systems, software, and applications as 

22 equivalent to electronic mail for the purpose of identifying 

23 Federal records, and shall also publish in the Foreign Af24 fairs Manual the statutory penalties for failure to comply 

25 with such guidance. No funds are authorized to be appro26 priated or made available to the Department of State 


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1 under any Act to support the use or establishment of ac2 counts on third-party messaging applications or other non3 Government online communication tools if the Secretary 

4 does not certify to the relevant congressional committees 

5 that the Secretary has carried out this section. 

6 SEC. 505. FOREIGN RELATIONS OF THE UNITED STATES 

7 (FRUS) SERIES AND DECLASSIFICATION. 

8 The State Department Basic Authorities Act of 1956 

9 is amended— 

10 (1) in section 401(c) (22 U.S.C. 4351(c)), by 

11 striking ‘‘30’’ and inserting ‘‘25’’; 

12 (2) in section 402(a)(2) (22 U.S.C. 

13 4352(a)(2)), by striking ‘‘26’’ and inserting ‘‘20’’; 

14 and 

15 (3) in section 404 (22 U.S.C. 4354)— 

16 (A) in subsection (a)(1), by striking ‘‘30’’ 

17 and inserting ‘‘25’’; and 

18 (B) in subsection (c)(1)(C), by striking 

19 ‘‘30’’ and inserting ‘‘25’’. 

20 TITLE VI—PUBLIC DIPLOMACY 

21 SEC. 601. SHORT TITLE. 

22 This title may be cited as the ‘‘Public Diplomacy 

23 Modernization Act of 2019’’. 


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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). 


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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 

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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. 


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1 (4) GUIDANCE AND TRAINING.—Not later than 

2 one year after the appointment of the Director pur3 suant 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 


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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.). 


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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.— 


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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 


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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 mode as such pertains to human resources, 

8 travel, purchasing, budgetary planning, and all other exec9 utive support functions for all bureaus of the Department 

10 that report to the Under Secretary for Public Diplomacy 

11 of the Department. 

12 (b) REPORT.—Not later than one 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 


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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 


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1 facility or co-locate public diplomacy staff in accord2 ance with such Act. 

3 (c) REPORT.—Not later than one 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 formats, 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 


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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, par23 ticularly grand corruption; 

24 (2) multiple Federal departments and agencies 

25 operate programs that promote good governance in 


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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)— 


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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, including grand cor9 ruption and petty corruption; 

10 (C) enforces such laws through a fair judi11 cial process; 

12 (D) vigorously investigates, prosecutes, 

13 convicts, and sentences public officials who par14 ticipate in or facilitate public corruption, includ15 ing nationals of such country who are deployed 

16 in foreign military assignments, trade delega17 tions abroad, or other similar missions who en18 gage in or facilitate public corruption; 

19 (E) prescribes appropriate punishment for 

20 grand corruption that is commensurate with the 

21 punishment prescribed for serious crimes; 

22 (F) prescribes appropriate punishment for 

23 petty corruption that provides a sufficiently 

24 stringent deterrent and adequately reflects the 

25 nature of the offense; and 


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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 and 

7 (3) further consider— 

8 (A) verifiable measures taken by the gov9 ernment of a country identified under para10 graph (1) to prohibit government officials from 

11 participating in, facilitating, or condoning pub12 lic corruption, including the investigation, pros13 ecution, and conviction of such officials; 

14 (B) the extent to which such government 

15 provides access, or, as appropriate, makes ade16 quate resources available, to civil society organi17 zations and other institutions to combat public 

18 corruption, including reporting, investigating, 

19 and monitoring; 

20 (C) the extent to which an independent ju21 diciary or judicial body in such country is re22 sponsible for, and effectively capable of, decid23 ing public corruption cases impartially, on the 

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1 ducements, pressures, threats, or interferences, 

2 whether direct or indirect, from any source or 

3 for any reason; 

4 (D) the extent to which such govern5 ment— 

6 (i) is assisting in international inves7 tigations of transnational public corruption 

8 networks and in other cooperative efforts 

9 to combat grand corruption, including co10 operating with the governments of other 

11 countries to extradite corrupt actors; 

12 (ii) recognizes the rights of victims of 

13 public corruption, ensures their access to 

14 justice, and takes steps to prevent such 

15 victims from being further victimized or 

16 persecuted by corrupt actors, government 

17 officials, or others; and 

18 (iii) refrains from prosecuting legiti19 mate victims of public corruption or whis20 tleblowers due to such persons having as21 sisted in exposing public corruption, and 

22 refrains from other discriminatory treat23 ment of such persons; and 


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1 (E) contain such other information relat2 ing to public corruption as the Secretary con3 siders appropriate. 

4 (b) IDENTIFICATION.—After conducting each assess5 ment under subsection (a), the Secretary shall identify the 

6 countries described in paragraph (1) of such subsection 

7 that are— 

8 (1) meeting minimum standards to combat pub9 lic corruption; 

10 (2) not meeting such minimum standards but 

11 making significant efforts to do so; and 

12 (3) neither meeting such minimum standards 

13 nor making significant efforts to do so. 

14 (c) REPORT.—Not later than 180 days after the date 

15 of the enactment of this Act and annually thereafter 

16 through fiscal year 2026, the Secretary shall submit to 

17 the appropriate congressional committees and make pub18 licly available a report that identifies the countries de19 scribed in subsection (a)(1) and paragraphs (2) and (3) 

20 of subsection (b), including a description of the method21 ology and data utilized in the assessments under sub22 section (a) and the reasons for such identifications. 

23 (d) BRIEFING IN LIEU OF REPORT.—The Secretary 

24 may waive the requirement to submit and make publicly 


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1 available a written report under subsection (c) if the Sec2 retary— 

3 (1) determines that publication of such report 

4 would— 

5 (A) undermine existing United States anti6 corruption efforts in one or more countries; or 

7 (B) threaten the national interests of the 

8 United States; and 

9 (2) provides a briefing to the appropriate con10 gressional committees that identifies the countries 

11 described in subsection (a)(1) and paragraphs (2) 

12 and (3) of subsection (b), including a description of 

13 the methodology and data utilized in the assessment 

14 under subsection (a) and the reasons for such identi15 fications. 

16 SEC. 703. TRANSPARENCY AND ACCOUNTABILITY. 

17 For each country identified under paragraphs (2) and 

18 (3) of section 702(b), the Secretary, in coordination with 

19 the Administrator of the United States Agency for Inter20 national Development, as appropriate, shall— 

21 (1) ensure that a corruption risk assessment 

22 and mitigation strategy is included in the integrated 

23 country strategy for such country; and 


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1 (2) utilize appropriate mechanisms to combat 

2 corruption in such countries, including by ensur3 ing— 

4 (A) the inclusion of anti-corruption clauses 

5 in contracts, grants, and cooperative agree6 ments entered into by the Department or the 

7 Agency for or in such countries, which allow for 

8 the termination of such contracts, grants, or co9 operative agreements, as the case may be, with10 out penalty if credible indicators of public cor11 ruption are discovered; 

12 (B) the inclusion of appropriate clawback 

13 or flowdown clauses within the procurement in14 struments of the Department and the Agency 

15 that provide for the recovery of funds misappro16 priated through corruption; 

17 (C) the appropriate disclosure to the 

18 United States Government, in confidential 

19 form, if necessary, of the beneficial ownership 

20 of contractors, subcontractors, grantees, cooper21 ative agreement participants, and other organi22 zations implementing programs on behalf of the 

23 Department or Agency; and 


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1 (D) the establishment of mechanisms for 

2 investigating allegations of misappropriated re3 sources and equipment. 

4 SEC. 704. DESIGNATION OF EMBASSY ANTI-CORRUPTION 

5 POINTS OF CONTACT. 

6 (a) IN GENERAL.—The Secretary shall annually des7 ignate an anti-corruption point of contact at the United 

8 States diplomatic post to each country identified under 

9 paragraphs (2) and (3) of section 702(b), or which the 

10 Secretary otherwise determines is in need of such a point 

11 of contact. 

12 (b) RESPONSIBILITIES.—Each designated anti-cor13 ruption point of contact under subsection (a) shall be re14 sponsible for coordinating and overseeing implementation 

15 of a whole-of-government approach among the relevant 

16 Federal departments and agencies that operate programs 

17 that promote good governance in foreign countries and en18 hance such countries’ ability to combat public corruption 

19 in order to accomplish such objectives in the country to 

20 which such point of contact is posted, including through 

21 the development and implementation of corruption risk as22 sessment tools and mitigation strategies. 

23 (c) TRAINING.—The Secretary shall implement ap24 propriate training for designated anti-corruption points of 

25 contact under subsection (a). 


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1 SEC. 705. REPORTING REQUIREMENTS. 

2 (a) ANNUAL REPORT.— 

3 (1) IN GENERAL.—The Secretary shall, for each 

4 of fiscal years 2020 through 2026, submit to the ap5 propriate congressional committees a report on im6 plementation of this title, including a description of 

7 the following: 

8 (A) The offices within the Department and 

9 the United States Agency for International De10 velopment that are engaging in significant anti11 corruption activities. 

12 (B) The findings and actions of designated 

13 anti-corruption points of contact to develop and 

14 implement risk mitigation strategies and ensure 

15 compliance with section 703. 

16 (C) The training implemented under sec17 tion 704(c). 

18 (D) Management of the whole-of-govern19 ment effort referred to in section 704(b) to 

20 combat corruption within the countries identi21 fied in section 702 and efforts to improve co22 ordination across Federal departments and 

23 agencies. 

24 (E) The risk assessment tools and mitiga25 tion strategies utilized by the Department and 

26 the Agency. 


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1 (F) Other information determined by the 

2 Secretary to be necessary and appropriate. 

3 (2) FORM OF REPORT.—Each report under this 

4 subsection shall be submitted in an unclassified for5 mat but may include a classified annex. 

6 (b) ONLINE PLATFORM.—The Secretary shall con7 solidate existing reports with anti-corruption components 

8 into one online, public platform, which should— 

9 (1) include— 

10 (A) the annual Country Reports on 

11 Human Rights Practices; 

12 (B) the annual Fiscal Transparency Re13 port; 

14 (C) the annual Investment Climate State15 ments; 

16 (D) the annual International Narcotics 

17 Control Strategy Report; 

18 (E) the Country Scorecards of the Millen19 nium Challenge Corporation; and 

20 (F) any other relevant public reports; and 

21 (2) link to third-party indicators and compli22 ance mechanisms used by the United States Govern23 ment to inform policy and programming, such as— 

24 (A) the International Finance Corpora25 tion’s Doing Business surveys; 


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1 (B) the International Budget Partnership’s 

2 Open Budget Index; and 

3 (C) multilateral peer review anti-corruption 

4 compliance mechanisms, such as the Organiza5 tion for Economic Co-operation and Develop6 ment’s Working Group on Bribery in Inter7 national Business Transactions and the United 

8 Nations Convention Against Corruption, done 

9 at New York October 31, 2003, to further high10 light expert international views on country chal11 lenges and country efforts. 

12 (c) TRAINING.—The Secretary and the Administrator 

13 of the United States Agency for International Develop14 ment shall incorporate anti-corruption components into 

15 existing Foreign Service and Civil Service training courses 

16 to— 

17 (1) increase the ability of Department and 

18 Agency personnel to support anti-corruption as a 

19 foreign policy priority; and 

20 (2) strengthen the ability of such personnel to 

21 design, implement, and evaluate more effective anti22 corruption programming around the world, including 

23 enhancing skills to better evaluate and mitigate pub24 lic corruption risks in assistance programs. 


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1 TITLE VIII—MATTERS RELATING 

2 TO INTERNATIONAL SECURITY 

3 SEC. 801. SHORT TITLE. 

4 This title may be cited as the ‘‘International Security 

5 Assistance Act of 2019’’. 

6 SEC. 802. SECURITY ASSISTANCE DEFINED. 

7 In this title, the term ‘‘security assistance’’ means— 

8 (1) assistance under chapter 8 (relating to 

9 international narcotics control) of part I of the For10 eign Assistance Act of 1961; 

11 (2) assistance under chapter 2 (military assist12 ance), chapter 5 (international military education 

13 and training), chapter 6 (peacekeeping operations), 

14 chapter 8 (antiterrorism assistance), and chapter 9 

15 (nonproliferation and export control assistance) of 

16 part II of the Foreign Assistance Act of 1961; 

17 (3) assistance under section 23 of the Arms Ex18 port Control Act (relating to the Foreign Military 

19 Financing program); and 

20 (4) sales of defense articles or defense services, 

21 extensions of credits (including participations in 

22 credits), and guaranties of loans under the Arms 

23 Export Control Act. 


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1 Subtitle A—Reform Relating to 

2 Security Assistance 

3 SEC. 811. ORGANIZATIONAL REFORM. 

4 (a) WORKING GROUP.— 

5 (1) ESTABLISHMENT.—The Secretary shall es6 tablish a Working Group on matters relating to se7 curity assistance (in this subtitle referred to as the 

8 ‘‘Working Group’’). 

9 (2) MEMBERSHIP.— 

10 (A) IN GENERAL.—The Working Group 

11 shall be composed of— 

12 (i) the Deputy Secretary of State; and 

13 (ii) each Under Secretary of State re14 sponsible for matters relating to security 

15 assistance. 

16 (B) CHAIR.—The Deputy Secretary shall 

17 serve as the chair of the Working Group. 

18 (3) MEETINGS.—The Working Group shall 

19 meet not later than 90 days after the date of the en20 actment of this Act and on a quarterly basis there21 after. 

22 (4) DUTIES.—The duties of the Working Group 

23 shall include— 

24 (A) within the Department and across 

25 United States diplomatic posts— 


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1 (i) providing strategic policy guidance 

2 on objectives and priorities for security as3 sistance; 

4 (ii) ensuring strategic integration of 

5 budgets and planning for security assist6 ance; and 

7 (iii) advising the Secretary on all 

8 budgets, programs, and activities for secu9 rity assistance; and 

10 (B) overseeing Department of State coordi11 nation with the Secretary of Defense, the Ad12 ministrator of the United States Agency for 

13 International Development (USAID), and the 

14 heads of other relevant Federal departments 

15 and agencies on all matters relating to security 

16 assistance. 

17 (b) OFFICE OF SECURITY ASSISTANCE.— 

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

19 after the date of the enactment of this Act, the Sec20 retary shall designate an existing office or establish 

21 a new office to be the Office of Security Assistance 

22 (in this subtitle referred to as the ‘‘Office’’), which 

23 shall report to an Under Secretary who is a member 

24 of the Working Group. 


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1 (2) COORDINATOR.—The head of the Office 

2 shall be the Coordinator for Security Assistance (in 

3 this subtitle referred to as the ‘‘Coordinator’’), who 

4 shall be an individual of demonstrated competency in 

5 the fields of security assistance and international di6 plomacy. 

7 (3) DUTIES.—The duties of the Coordinator 

8 shall include— 

9 (A) within the Department and across 

10 United States diplomatic posts— 

11 (i) guiding and supporting security as12 sistance; 

13 (ii) advising the Working Group on all 

14 matters relating to security assistance; 

15 (iii) establishing the framework de16 scribed in section 813(a); 

17 (iv) coordinating the assessment, mon18 itoring, and evaluation program established 

19 under section 813(c); and 

20 (v) maintaining the common database 

21 described in section 814(a); and 

22 (B) acting as a Department of State point 

23 of contact with the Department of Defense, the 

24 United States Agency for International Devel25 opment (USAID), and other relevant Federal 


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1 departments and agencies on all matters relat2 ing to security assistance. 

3 (c) COORDINATION WITHIN DEPARTMENT.— 

4 (1) DESIGNATION.—Not later than one year 

5 after the date of the enactment of this Act, and sub6 ject to paragraph (2), the head of each bureau of the 

7 Department that is involved in directing or imple8 menting security assistance shall designate an officer 

9 of such bureau to be responsible for coordinating the 

10 responsibilities of such bureau with respect to secu11 rity assistance. 

12 (2) NON-ELIGIBILITY.—An officer of a bureau 

13 of the Department shall not be eligible to be des14 ignated pursuant to paragraph (1) if the officer is 

15 responsible for conducting human rights vetting pur16 suant to 620M of the Foreign Assistance Act of 

17 1961 (22 U.S.C. 2378d). 

18 (3) TRAINING.—Each individual designated 

19 pursuant to paragraph (1) shall successfully com20 plete the training described in section 812. 

21 (d) COORDINATION WITHIN UNITED STATES DIPLO22 MATIC POSTS.— 

23 (1) DESIGNATION.—Not later than one year 

24 after the date of the enactment of this Act, the chief 

25 of mission of the United States in a foreign country 


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1 that receives security assistance shall designate a 

2 senior diplomatic officer at the embassy or highest 

3 ranking diplomatic post if no embassy exists in the 

4 foreign country to be responsible for coordinating se5 curity assistance for the foreign country. 

6 (2) DUTIES.—The senior diplomatic officer des7 ignated pursuant to paragraph (1) shall be respon8 sible for— 

9 (A) overseeing personnel and activities of 

10 Federal departments and agencies at the rel11 evant embassy or diplomatic post with respect 

12 to the provision of security assistance for the 

13 country; and 

14 (B) ensuring implementation of section 

15 620M of the Foreign Assistance Act of 1961 

16 (22 U.S.C. 2378d) and section 362 of title 10, 

17 United States Code, with respect to the coun18 try. 

19 (3) TRAINING.—Each individual designated 

20 pursuant to paragraph (1) shall successfully com21 plete the training described in section 812. 

22 (e) PLAN FOR ORGANIZATIONAL STRUCTURE.— 

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

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1 fairs of the House of Representatives and the Com2 mittee on Foreign Relations of the Senate a plan for 

3 the organizational structure of the Department re4 lating to security assistance programs. 

5 (2) MATTERS TO BE INCLUDED.—The plan re6 quired under paragraph (1) shall include the fol7 lowing: 

8 (A) An identification of each bureau and 

9 office of the Department that carries out func10 tions relating to planning, coordination, integra11 tion, implementation, or evaluation of security 

12 assistance, a description of the organizational 

13 hierarchy and decision-making processes used 

14 to coordinate across such bureaus and offices, 

15 and a description of how the Working Group 

16 and the Coordinator will facilitate coordination 

17 among each such bureau and office. 

18 (B) A description of— 

19 (i) the reasons for— 

20 (I) designating an existing office 

21 or establishing a new office to serve as 

22 the Office; and 

23 (II) selecting the Under Sec24 retary to which the Office will report; 


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1 (ii) the organizational structure of the 

2 Office; 

3 (iii) the specific mechanisms through 

4 which the Working Group and Coordinator 

5 could improve coordination among bureaus 

6 and offices of the Department involved in 

7 the planning or implementation of security 

8 assistance programs and activities; and 

9 (iv) the process by which the require10 ment for training described in section 812 

11 will be fulfilled. 

12 (C) The benefits, feasibility, and steps nec13 essary to detail personnel— 

14 (i) on a reimbursable basis from the 

15 relevant bureaus and offices of the Depart16 ment to provide staff to the Office; and 

17 (ii) from USAID, the Department of 

18 Defense, and other relevant Federal de19 partments and agencies to provide staff to 

20 the Office. 

21 (D) An identification of lessons learned 

22 from the Security Governance Initiative (SGI), 

23 an assessment of the utility of expanding the 

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1 scription of where best to locate the SGI or 

2 similar initiative within the Department. 

3 (E) An identification of an appropriate bu4 reau or office of the Department, whose head 

5 does not report to the Under Secretary de6 scribed in subsection (b)(1), to select and retain 

7 the independent research entity described in 

8 section 813(c)(4). 

9 (F) A list of recommendations for any ad10 ditional legislative measures necessary to im11 prove the capacity and capabilities of the De12 partment to plan and implement security assist13 ance programs and activities. 

14 (3) FORM.—The plan required under paragraph 

15 (1) shall be submitted in unclassified form, but may 

16 include a classified annex if necessary. 

17 (4) CONSULTATION.—Not later than 90 days 

18 after the date of the enactment of this Act, the Sec19 retary shall consult with the Committee on Foreign 

20 Affairs of the House of Representatives and the 

21 Committee on Foreign Relations of the Senate re22 garding the development and implementation of the 

23 plan required under paragraph (1). 


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1 SEC. 812. WORKFORCE DEVELOPMENT. 

2 Not later than 180 days after the date of the enact3 ment of this Act, the Secretary shall carry out the fol4 lowing: 

5 (1) Establish curriculum at the Department’s 

6 Foreign Service Institute to provide employees of the 

7 Department of State with specialized training with 

8 respect to security assistance. The training should 

9 be aligned with the Security Cooperation Workforce 

10 Development Program and developed in coordination 

11 with the Defense Security Cooperation Agency, in12 cluding through an agreement under section 1535(a) 

13 of title 31, United States Code (commonly referred 

14 to as the ‘‘Economy Act’’) or any other appropriate 

15 agency-specific authority. The training shall include 

16 the following: 

17 (A) Awareness of the full range of agen18 cies, offices, personnel, statutory authorities, 

19 funds, and programs involved in security assist20 ance and transfers and the respective decision21 making timelines. 

22 (B) Familiarity with relevant military and 

23 police security force systems and structures and 

24 institutions at the time such training is occur25 ring. 


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1 (C) Familiarity with security assistance re2 form, research regarding options for improve3 ment, and United States interagency and exter4 nal resources and experts. 

5 (D) Familiarity with planning, implemen6 tation, and monitoring and evaluation for pro7 grammatic activities. 

8 (E) Familiarity with implementation of— 

9 (i) section 620M of the Foreign As10 sistance Act of 1961 (22 U.S.C. 2378d) 

11 and section 362 of title 10, United States 

12 Code; 

13 (ii) arms transfer requirements under 

14 the Arms Export Control Act (22 U.S.C. 

15 2751 et seq.); and 

16 (iii) best practices related to human 

17 rights and civilian protection. 

18 (F) Awareness of common risks to effec19 tiveness of security assistance, including corrup20 tion, political instability, and challenges relating 

21 to absorptive capacity, partner commitment, 

22 and transparency. 

23 (2) Coordinate with the Secretary of Defense, 

24 to the extent feasible, to ensure that, in addition to 

25 the training described paragraph (1), individuals 


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1 who serve in priority recipient countries or countries 

2 that do not meet baseline norms of governance, as 

3 determined by the Under Secretary for purposes of 

4 subsections (d)(1) and (d)(4) of section 813, obtain 

5 higher-level certification through the Defense Secu6 rity Cooperation Agency’s Defense Institute of Secu7 rity Cooperation Studies or through a commensurate 

8 program developed at the Department’s Foreign 

9 Service Institute prior to serving at the United 

10 States diplomatic post in such country. 

11 SEC. 813. SECURITY ASSISTANCE PLANNING. 

12 (a) FRAMEWORK AND STANDARDS FOR SECURITY

13 ASSISTANCE.—Not later than 18 months after the date 

14 of the enactment of this Act, the Coordinator shall create 

15 and submit to the Committee on Foreign Affairs of the 

16 House of Representatives and the Committee on Foreign 

17 Relations of the Senate a framework to be used by rel18 evant bureaus and diplomatic posts to guide regional and 

19 country-specific planning, such as joint regional strategies 

20 or integrated country strategies, with respect to security 

21 assistance. Such framework shall include the following: 

22 (1) Identification and prioritization of overall 

23 goals and objectives for security assistance, in ac24 cordance with the relevant National Security Strat25 egy. 


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1 (2) Criteria for— 

2 (A) determining the commitment and polit3 ical will of countries receiving assistance to use 

4 such assistance in a manner that achieves 

5 United States objectives; 

6 (B) identifying opportunities and risks cre7 ated by the provision of security assistance; and 

8 (C) tailoring and sequencing such assist9 ance accordingly. 

10 (3) Guidance for— 

11 (A) incorporating the assessment, moni12 toring, and evaluation program described in 

13 subsection (c) into the strategic planning cycle; 

14 (B) increasing coordination, as appro15 priate, with other major international donors to 

16 maximize resources and unity of efforts; 

17 (C) aligning the security assistance pro18 grams, projects, and activities of the Depart19 ment with other United States goals of engage20 ment with foreign countries, such as the pro21 motion of democracy, human rights, govern22 ance, and economic growth, as well as with 

23 other United States assistance authorities, re24 sources, programmatic capabilities, and activi25 ties. 


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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 counter shared threats; 

7 (C) reducing the underlying drivers of 

8 state fragility; and 

9 (D) contributing to the maintenance of ex10 isting peace treaties between recipients of as11 sistance. 

12 (5) A process to ensure that transfers regulated 

13 by the Department that are outside the scope of se14 curity assistance, such as certain direct commercial 

15 sales, are factored into— 

16 (A) the implementation of the assessment, 

17 monitoring, and evaluation program described 

18 in subsection (c); and 

19 (B) the planning process described in sub20 section (d). 

21 (b) DEFINITIONS PROMULGATED BY THE WORKING

22 GROUP.—Not later than 18 months after the date of the 

23 enactment of this Act, the Working Group shall— 

24 (1) in consultation with the Coordinator and 

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1 volved in the planning, coordination, integration, im2 plementation, or evaluation of security assistance, 

3 develop and promulgate a definition of the level of 

4 security assistance programs, projects, or activities 

5 that mark a country as a recipient of ‘‘significant’’ 

6 security assistance to merit inclusion in the assess7 ment, monitoring, and evaluation process described 

8 in subsection (c); and 

9 (2) in consultation with the Coordinator, the 

10 Bureau of Democracy, Human Rights, and Labor, 

11 and the heads of other relevant bureaus of the De12 partment, develop and promulgate a definition of 

13 baseline norms for governance and the rule of law, 

14 including a rubric to assess whether a recipient of 

15 security assistance is abiding by such baseline. 

16 (c) ASSESSMENT, MONITORING, AND EVALUATION.— 

17 (1) IN GENERAL.—Not later than 18 months 

18 after the date of the enactment of this Act, the Co19 ordinator shall develop an assessment, monitoring, 

20 and evaluation program to be conducted for any 

21 country receiving significant security assistance, as 

22 defined in accordance with subsection (b)(1). 

23 (2) ELEMENTS.—The program described in 

24 paragraph (1) shall include each of the following ele25 ments: 


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1 (A) Baseline assessments that consider 

2 factors, including— 

3 (i) recipient country threat percep4 tions and the manner in which such per5 ceptions may inform the use of security as6 sistance; 

7 (ii) the recipient’s approach to govern8 ance and commitment to rule of law, in9 cluding the transparency and account10 ability of security forces, and the manner 

11 in which such approach is likely to be in12 fluenced by security assistance; 

13 (iii) the recipient’s capacity to absorb 

14 the security assistance given and to achieve 

15 the objectives of such assistance; 

16 (iv) the human rights record of the re17 cipient, including for purposes of section 

18 620M of the Foreign Assistance Act of 

19 1961 (22 U.S.C. 2378d) and section 362 

20 of title 10, United States Code, and any 

21 relevant attempts by such recipient to rem22 edy such record; 

23 (v) country- or region-specific oppor24 tunities and risks that could enhance or 


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1 impair the outcomes associated with pro2 viding security assistance; and 

3 (vi) indicators of efficacy for security 

4 assistance programs, projects, and activi5 ties, for purposes of planning, monitoring, 

6 and evaluation. 

7 (B) Monitoring implementation of security 

8 assistance programs, projects, and activities to 

9 measure progress toward achieving specific tar10 gets, metrics, or indicators, as well as desired 

11 outcomes. 

12 (C) Evaluation of the efficiency and effec13 tiveness of security assistance in achieving de14 sired outcomes. 

15 (D) Identification of lessons learned in car16 rying out security assistance and recommenda17 tions for improving future assistance. 

18 (3) OVERSIGHT AND FRAMEWORK.—The Coor19 dinator shall guide and support, in coordination with 

20 relevant regional and functional bureaus, the assess21 ment and monitoring described in paragraph (1) and 

22 shall create a common evaluation framework. 

23 (4) INDEPENDENT RESEARCH ENTITY.—Not 

24 later than 18 months after the date of the enact25 ment of this Act, the Secretary shall enter into a 


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1 contract with an independent research entity, such 

2 as a federally funded research and development cen3 ter or other nonprofit entity, that demonstrates ap4 propriate expertise and analytical capability to evalu5 ate the capacity of security assistance to achieve de6 sired outcomes in accordance with the framework 

7 created pursuant to paragraph (3). 

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

9 Congress that the ability of the Department to 

10 measure and assess the effects of United States se11 curity assistance programs and activities on govern12 ance, rule of law, professionalism of recipient secu13 rity forces, and institutional capacity weaknesses of 

14 recipient security forces would benefit from the in15 creased availability of independent research and 

16 data. 

17 (d) SECURITY ASSISTANCE PLANNING.— 

18 (1) PRIORITIZATION.—Not later than two years 

19 after the date of the enactment of this Act, and an20 nually thereafter, the Working Group shall develop 

21 a list of priority recipient countries to receive secu22 rity assistance, on the basis of policy objectives de23 termined by the Department, and submit such infor24 mation in accordance with subsection (f). 


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1 (2) INCLUSION IN REGIONAL AND COUNTRY

2 STRATEGIES.—Any comprehensive regional strategy, 

3 such as a joint regional strategy or its equivalent, 

4 and any country strategy, such as an integrated 

5 country strategy or its equivalent, that is produced 

6 on or after the date that is 2 years after the date 

7 of the enactment of this Act, and each successor 

8 strategy to such strategy, shall integrate security as9 sistance planning in a manner that incorporates the 

10 elements of the framework created pursuant to sub11 section (a) and include an annex relating to security 

12 assistance, which shall include— 

13 (A) the assessment, monitoring, and eval14 uation metrics described in subsection (c); 

15 (B) requests to allocate security assistance 

16 with respect to the area covered by the strategy; 

17 and 

18 (C) a description of the manner in which 

19 such resources will be used. 

20 (3) SECURITY ASSISTANCE, GOVERNANCE, AND

21 RULE OF LAW.—Not later than two years after the 

22 date of the enactment of this Act, any annex relat23 ing to security assistance described in paragraph (2) 

24 that is included in a country strategy shall include 

25 an assessment by the Under Secretary responsible 


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1 for civilian security, democracy, and human rights 

2 whether such country abides by baseline norms for 

3 governance and the rule of law using the rubric pro4 mulgated in accordance with subsection (b)(2). A se5 curity assistance annex developed in accordance with 

6 paragraph (2) for a country receiving a negative de7 termination shall also include the following: 

8 (A) Reforms the recipient could undertake, 

9 where practicable, to improve governance and 

10 rule of law in order to create more effective se11 curity. 

12 (B) Conditions, which may also be included 

13 in the compacts described in subsection (e), 

14 under which the United States might— 

15 (i) expand or increase security assist16 ance upon verifiable progress made toward 

17 such reforms; and 

18 (ii) restrict or end security assistance 

19 as a result of lack of progress toward such 

20 reforms or further deterioration of norms 

21 for governance or the rule of law. 

22 (C) An assessment of the benefits and like23 lihood of reaching agreement with the recipient 

24 country to devote 1 percent of the total value 

25 of all security assistance to such country for 


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1 training in-country civilian professionals on 

2 methods to evaluate the fiscal and functional ef3 fectiveness of the security institutions in such 

4 country. 

5 (D) The manner in which security assist6 ance will be used to improve governance, rule of 

7 law, and human rights reforms in such country. 

8 (E) Steps to ensure consultation with the 

9 national legislature and with civil society groups 

10 that operate in such country on the provision of 

11 security assistance, including for the formula12 tion of a compact in accordance with subsection 

13 (e)(2). 

14 (e) SECURITY ASSISTANCE COMPACTS.— 

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

16 after the date of the enactment of this Act, the Sec17 retary shall seek to enter into multi-year compacts 

18 where appropriate with the governments of countries 

19 that receive security assistance. Such compacts 

20 should include the following elements: 

21 (A) A joint diagnosis of the strengths and 

22 challenges of the recipient country’s security in23 stitutions, including priority capacity and capa24 bility requirements. 


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1 (B) A plan for bilateral security assistance 

2 and cooperation that includes— 

3 (i) a commitment by the recipient 

4 specifying the manner in which security as5 sistance will be used, within a defined 

6 timeframe; 

7 (ii) plans for sustainment by the re8 cipient of any capacity or capabilities built 

9 as a result of such assistance; and 

10 (iii) mutually agreed oversight mecha11 nisms for security assistance and metrics, 

12 to determine whether such assistance is ac13 complishing the agreed-upon objectives. 

14 (2) SPECIAL PROVISIONS.—If the Under Sec15 retary described in subsection (d)(3) assesses that a 

16 country is not abiding by baseline norms for govern17 ance or the rule of law, a compact under this sub18 section with such country should, where practicable, 

19 be formulated in consultation with the national legis20 lature and domestic civil society groups and include 

21 mutually agreed upon reforms and conditions based 

22 on those established as a result of such determina23 tion in accordance with subsection (d)(4). 

24 (f) REPORTING REQUIREMENTS.—Beginning three 

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1 nually thereafter, the Secretary shall include with any ma2 terials submitted in support of the budget for that fiscal 

3 year that is submitted to Congress by the President under 

4 section 1105(a) of title 31 an unclassified report, that may 

5 include a classified annex, with the following: 

6 (1) A list of priority security assistance recipi7 ents, along with descriptions of the policy objectives 

8 that the Secretary seeks to achieve by providing 

9 such assistance to such recipients, developed pursu10 ant to subsection (d)(1). 

11 (2) A description of the results of the evalua12 tions conducted pursuant to subsection (c)(4). 

13 (3) A description of the manner in which the 

14 Department will allocate, monitor, and evaluate all 

15 security assistance pursuant to the program de16 scribed in subsection (c) and the planning process 

17 described in subsection (d). 

18 (4) A description of any updates made during 

19 the previous year to the framework described in sub20 section (d)(1) and annex relating to security assist21 ance required under subsection (d)(2). 

22 (5) The status and impact on United States ob23 jectives of any compacts entered into in accordance 

24 with subsection (e) and of any ongoing efforts to 


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1 enter into new compacts in accordance with such 

2 subsection. 

3 SEC. 814. INTERAGENCY COORDINATION OF SECURITY AS4 SISTANCE, TRANSFERS, AND SECURITY CO5 OPERATION. 

6 (a) CREATION OF A COMMON DATABASE.—Not later 

7 than two years after the date of the enactment of this Act, 

8 the Secretary, in coordination with the Secretary of De9 fense and other appropriate Federal departments and 

10 agencies, shall maintain a common database of informa11 tion to permit the identification of security assistance pro12 grams, funding, and transfers by recipient country. 

13 (b) COORDINATION WITH THE DEPARTMENT OF DE14 FENSE.— 

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

16 after the date of the enactment of this Act, the Sec17 retary, in coordination with the Secretary of De18 fense, shall submit a report to the appropriate con19 gressional committees that assesses existing mecha20 nisms, including provisions under title 10, United 

21 States Code, that require the concurrence of the 

22 Secretary of State, and other applicable provisions of 

23 law that provide for coordination between security 

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1 grams, projects, and activities of the Department of 

2 Defense that includes the following: 

3 (A) An identification of existing coordina4 tion mechanisms for planning, executing, and 

5 overseeing security assistance and security co6 operation programs, projects, and activities, the 

7 purpose of such mechanisms, and their efficacy 

8 in practice. 

9 (B) An identification of additional meas10 ures that would improve the speed, simplicity, 

11 or agility of each identified mechanism, with a 

12 focus on mechanisms requiring the concurrence 

13 of the Secretary. 

14 (C) An identification of any programs, au15 thorities, or resources that do not require co16 ordination under existing law. 

17 (2) APPROPRIATE CONGRESSIONAL COMMIT18 TEES DEFINED.—In this subsection, the term ‘‘ap19 propriate congressional committees’’ means— 

20 (A) the Committee on Foreign Affairs and 

21 the Committee on Armed Services of the House 

22 of Representatives; and 

23 (B) the Committee on Foreign Relations 

24 and the Committee on Armed Services of the 

25 Senate. 


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1 (c) SENSE OF CONGRESS.—It is the sense of Con2 gress that the Secretary of State and the Secretary of De3 fense should jointly establish a pilot program to evaluate 

4 the advisability and feasibility of a joint entity to conduct 

5 collaborative planning of security assistance and security 

6 cooperation. The pilot program should— 

7 (1) establish one or more joint planning cells to 

8 conduct collaborative planning between the Depart9 ment of State and the Department of Defense for 

10 security assistance and security cooperation pro11 grams, projects, and activities in a specific region or 

12 regions; 

13 (2) assign personnel from relevant offices and 

14 agencies within each Department to staff the joint 

15 planning cell or cells; and 

16 (3) assess the advantages and disadvantages of 

17 collaborative interagency planning of security assist18 ance, and determine whether there are organiza19 tional, legal, policy, or resource barriers to broader 

20 adoption of such a model. 

21 SEC. 815. RULE OF CONSTRUCTION. 

22 Nothing in this subtitle shall affect the implementa23 tion of subsection (h) of section 36 of the Arms Export 

24 Control Act (22 U.S.C. 2776). 


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1 Subtitle B—Foreign Military 

2 Assistance 

3 SEC. 821. STRATEGIC ALLOCATION OF EXCESS DEFENSE 

4 ARTICLES. 

5 (a) IN GENERAL.—Section 516 of the Foreign Assist6 ance Act of 1961 (22 U.S.C. 2321j), is amended— 

7 (1) in subsection (b)— 

8 (A) by striking ‘‘(1) The President’’ and 

9 inserting ‘‘The President’’; 

10 (B) by redesignating subparagraphs (A) 

11 through (F) as paragraphs (1) through (6), re12 spectively, and moving the margins of each such 

13 paragraph two ems to the left; 

14 (C) in paragraph (2), as redesignated, by 

15 inserting ‘‘except as provided in subsection 

16 (c)(3),’’ before ‘‘funds available’’; and 

17 (D) by striking ‘‘(2) Accordingly,’’ and all 

18 that follows through ‘‘1990.’’; 

19 (2) in subsection (c)— 

20 (A) by striking paragraph (2) and insert21 ing the following: 

22 ‘‘(2) PRIORITY.—Notwithstanding any other 

23 provision of law, excess defense articles under this 

24 section shall be transferred in accordance with 

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1 rity priorities as jointly determined by the Secretary 

2 of State, in consultation with the Secretary of De3 fense, to the maximum extent feasible.’’; and 

4 (B) by adding at the end the following: 

5 ‘‘(3) SUPPORTING COSTS.—Funds available to 

6 the Department of State for security assistance may 

7 be expended for the refurbishment or upgrade of ex8 cess defense articles transferred under the authority 

9 of this section and for training of foreign security 

10 forces directly in relation to excess defense articles 

11 transferred under the authority of this section, if— 

12 ‘‘(A) such assistance is necessary to ad13 vance the national security objectives of the 

14 United States in relation to the recipient coun15 try or countries; and 

16 ‘‘(B) such costs do not exceed $10 million 

17 in relation to a single transfer of excess defense 

18 articles under this section.’’; 

19 (3) in subsection (f)(1), by striking 

20 ‘‘$7,000,000’’ and inserting ‘‘$25,000,000’’; and 

21 (4) in subsection (g)(1), by striking 

22 ‘‘$500,000,000’’ and inserting ‘‘$600,000,000’’. 


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1 SEC. 822. MODIFICATION OF PURPOSES FOR WHICH MILI2 TARY SALES BY THE UNITED STATES ARE AU3 THORIZED. 

4 Section 4 of the Arms Export Control Act (22 U.S.C. 

5 2754) is amended in the first sentence by striking ‘‘inter6 nal security’’ and inserting ‘‘legitimate internal security 

7 (including for anti-terrorism purposes)’’. 

8 SEC. 823. RETURN OF DEFENSE ARTICLES. 

9 Section 21(m)(1)(B) of the Arms Export Control Act 

10 (22 U.S.C. 2761(m)(1)(B)) is amended— 

11 (1) by striking ‘‘(B) is not’’ and inserting 

12 ‘‘(B)(i) is not’’; 

13 (2) by striking ‘‘; and’’ and inserting ‘‘; or’’; 

14 and 

15 (3) by adding at the end the following: 

16 ‘‘(ii) is significant military equipment (as 

17 defined in section 47(9) of this Act) and the 

18 Secretary of State has provided prior approval 

19 of the return of such defense article from the 

20 foreign country or international organization; 

21 and’’. 

22 SEC. 824. REQUIREMENTS RELATING TO EXEMPTIONS FOR 

23 LICENSING OF DEFENSE ITEMS. 

24 Section 38(j) of the Arms Export Control Act (22 

25 U.S.C. 2778(j)) is amended— 

26 (1) in the subsection heading— 


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1 (A) by striking ‘‘COUNTRY’’; and 

2 (B) by striking ‘‘TO FOREIGN COUN3 TRIES’’; 

4 (2) in paragraph (1)(A)— 

5 (A) in the matter preceding clause (i)— 

6 (i) by striking ‘‘a foreign country’’ 

7 and inserting ‘‘the North Atlantic Treaty 

8 Organization, any member country of that 

9 Organization, the Republic of Korea, Aus10 tralia, New Zealand, Japan, or Israel’’; 

11 (ii) by inserting ‘‘(except that the 

12 President may not so exempt such Organi13 zation, member country, or other country 

14 that is not eligible to acquire defense items 

15 under any other provision of law)’’ after 

16 ‘‘with respect to exports of defense items’’; 

17 and 

18 (iii) by striking ‘‘the foreign country’’ 

19 and inserting ‘‘such Organization, member 

20 country, or other country’’; and 

21 (B) in clause (ii)— 

22 (i) by striking ‘‘the foreign country’’ 

23 and inserting ‘‘such Organization, member 

24 country, or other country’’; and 


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1 (ii) by striking ‘‘under their domestic 

2 laws’’; 

3 (3) in paragraph (2)— 

4 (A) in subparagraph (A)— 

5 (i) in the matter preceding clause 

6 (i)— 

7 (I) by striking ‘‘, at a min8 imum,’’; 

9 (II) by striking ‘‘the foreign 

10 country’’ and inserting ‘‘the Organiza11 tion, member country, or other coun12 try referred to in paragraph (1)’’; and 

13 (III) by striking ‘‘to revise its 

14 policies and practices, and promulgate 

15 or enact necessary modifications to its 

16 laws and regulations to establish’’ and 

17 inserting ‘‘to establish and maintain’’; 

18 (ii) in clause (i), by striking ‘‘the for19 eign country’’ and inserting ‘‘such Organi20 zation, member country, or other country’’; 

21 and 

22 (iii) in clause (ii), by striking ‘‘re23 transfer control commitments, including 

24 securing’’ and inserting ‘‘retransfer con25 trols that secure’’; 


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1 (B) in subparagraph (B)— 

2 (i) in the matter preceding clause 

3 (i)— 

4 (I) by striking ‘‘, at a min5 imum,’’; 

6 (II) by striking ‘‘the foreign 

7 country’’ and inserting ‘‘the Organiza8 tion, member country, or other coun9 try referred to in paragraph (1)’’; and 

10 (III) by striking ‘‘to revise its 

11 policies and practices, and promulgate 

12 or enact necessary modifications to its 

13 laws and regulations’’; and 

14 (ii) in clause (iv), by striking ‘‘the for15 eign country’’ and inserting ‘‘the member 

16 country or other country’’; and 

17 (4) in paragraph (3)— 

18 (A) in the matter preceding subparagraph 

19 (A), by striking ‘‘a foreign country’’ and insert20 ing ‘‘the Organization, member country, or 

21 other country referred to in paragraph (1)’’; 

22 (B) in subparagraph (A), by striking ‘‘that 

23 foreign country’’ and inserting ‘‘such Organiza24 tion, member country, or other country’’; 

25 (C) in subparagraph (B)— 


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1 (i) by striking ‘‘the foreign country’’ 

2 and inserting ‘‘such Organization, member 

3 country, or other country’’; and 

4 (ii) by striking ‘‘has promulgated or 

5 enacted all necessary modifications to its 

6 laws and regulations to comply’’ and in7 serting ‘‘has taken such actions to com8 ply’’; and 

9 (D) in subparagraph (C)— 

10 (i) by striking ‘‘a foreign country’’ 

11 and inserting ‘‘such Organization, member 

12 country, or other country’’; and 

13 (ii) by striking ‘‘that country’’ and in14 serting ‘‘such Organization, member coun15 try, or other country’’. 

16 SEC. 825. AMENDMENT TO GENERAL PROVISIONS. 

17 Section 42(a) of the Arms Export Control Act (22 

18 U.S.C. 2791(a)) is amended in the first sentence by insert19 ing ‘‘on a competitive basis’’ after ‘‘procurement in the 

20 United States’’. 

21 SEC. 826. TECHNICAL AMENDMENTS TO ARMS EXPORT 

22 CONTROL ACT. 

23 Section 36(b)(6) of the Arms Export Control Act (22 

24 U.S.C. 2776(b)(6)) is amended by inserting ‘‘the North 


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1 Atlantic Treaty Organization or’’ before ‘‘a member coun2 try’’. 

3 SEC. 827. SENSE OF CONGRESS ON LICENSING UNDER 

4 UNITED STATES ARMS EXPORT CONTROL 

5 PROGRAMS. 

6 It is the sense of Congress that, in implementing re7 forms of United States arms export licensing regimes, the 

8 President should prioritize the development of a new 

9 framework to improve and streamline licensing, including 

10 by seeking to revise the Special Comprehensive Export Au11 thorizations for exports to the North Atlantic Treaty Or12 ganization, any member country of that Organization, 

13 Sweden, or any other country described in section 

14 36(c)(2)(A) of the Arms Export Control Act (22 U.S.C. 

15 2776(c)(2)(A)) under section 126.14 of title 15, Code of 

16 Federal Regulations (relating to the International Traffic 

17 in Arms Regulations). 

18 SEC. 828. EXTENSION OF WAR RESERVE STOCKPILE AU19 THORITY. 

20 (a) DEPARTMENT OF DEFENSE APPROPRIATIONS

21 ACT, 2005.—Section 12001(d) of the Department of De22 fense Appropriations Act, 2005 (Public Law 108–287; 

23 118 Stat. 1011) is amended by striking ‘‘2020’’ and in24 serting ‘‘2021’’. 


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1 (b) STOCKPILING OF DEFENSE ARTICLES FOR FOR2 EIGN COUNTRIES.—Section 514(b)(2)(A) of the Foreign 

3 Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is 

4 amended by striking ‘‘and 2020’’ and inserting ‘‘2020, 

5 and 2021’’. 

6 SEC. 829. PEACEKEEPING OPERATIONS AND OTHER NA7 TIONAL SECURITY PROGRAMS. 

8 (a) AUTHORITY.— 

9 (1) IN GENERAL.—Section 551 of the Foreign 

10 Assistance Act of 1961 (22 U.S.C. 2348) is amend11 ed— 

12 (A) in the first sentence, by striking ‘‘The 

13 President’’ and inserting ‘‘(a) The President’’; 

14 and 

15 (B) by adding at the end the following: 

16 ‘‘(b) Funds authorized to be appropriated under this 

17 chapter may also be used to provide assistance to enhance 

18 the capacity of foreign civilian security forces (as such 

19 term is defined in section 841(c) of the International Se20 curity Assistance Act of 2019) to participate in peace21 keeping and counterterrorism operations. 

22 ‘‘(c) Funds authorized to be appropriated under this 

23 chapter to provide assistance to friendly foreign countries 

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1 quirements of section 36 of the Arms Export Control Act 

2 (22 U.S.C. 2776).’’. 

3 (2) DISARMAMENT AND REINTEGRATION.— 

4 (A) IN GENERAL.—Notwithstanding any 

5 other provision of law, funds authorized to be 

6 appropriated under any provision of law for 

7 peacekeeping operations may be made available 

8 to support programs to disarm, demobilize, and 

9 reintegrate into civilian society former members 

10 of foreign terrorist organizations. 

11 (B) CONSULTATION.—The Secretary shall 

12 consult with the Committee on Foreign Affairs 

13 of the House of Representatives and the Com14 mittee on Foreign Relations of the Senate prior 

15 to obligating funds described in subparagraph 

16 (A). 

17 (C) DEFINITION.—In this paragraph, the 

18 term ‘‘foreign terrorist organization’’ means an 

19 organization designated as a terrorist organiza20 tion under section 219(a) of the Immigration 

21 and Nationality Act (8 U.S.C. 1189(a)). 

22 (b) NOTIFICATION.—The Secretary shall notify the 

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1 ate at least 15 days prior to obligating funds under any 

2 provision of law for peacekeeping operations. 

3 (c) CONFORMING AMENDMENT.—The heading for 

4 chapter 6 of part II of the Foreign Assistance Act of 1961 

5 (22 U.S.C. 2348 et seq.) is amended by adding at the end 

6 the following: ‘‘AND OTHER NATIONAL SECURITY PRO7 GRAMS’’. 

8 SEC. 830. OTHER AMENDMENTS TO MILITARY ASSISTANCE 

9 AUTHORITIES. 

10 The Foreign Assistance Act of 1961 is amended as 

11 follows: 

12 (1) In section 516 (22 U.S.C. 2321j)— 

13 (A) in subsection (a), by striking ‘‘coun14 tries’’ and inserting ‘‘countries, regional organi15 zations, and international organizations’’; 

16 (B) in subsection (b)(1)(E), by striking 

17 ‘‘countries’’ and inserting ‘‘countries, regional 

18 organizations, and international organizations’’; 

19 (C) in subsection (c)— 

20 (i) in paragraph (1), by striking ‘‘re21 cipient country’’ and inserting ‘‘recipient 

22 country or organization’’; and 

23 (ii) in paragraph (2), by striking 

24 ‘‘other countries’’ and inserting ‘‘other 

25 countries or organizations’’; 


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1 (D) in subsection (f)(2)— 

2 (i) in subparagraph (A), by striking 

3 ‘‘country’’ and inserting ‘‘country or orga4 nization’’; and 

5 (ii) in subparagraph (C), by striking 

6 ‘‘countries’’ and inserting ‘‘countries or or7 ganizations’’; and 

8 (E) in subsection (h), by striking ‘‘coun9 try’’ and inserting ‘‘country and organization’’. 

10 (2) In section 620M (22 U.S.C. 2378d)— 

11 (A) in subsection (d)(7), by striking ‘‘to 

12 the maximum extent practicable’’ and inserting 

13 ‘‘unless such disclosure would endanger the 

14 safety of human sources or reveal sensitive in15 telligence sources and methods’’; and 

16 (B) by adding at the end the following: 

17 ‘‘(e) REPORT.— 

18 ‘‘(1) IN GENERAL.—Not later than January 31 

19 of each year, the Secretary of State shall submit to 

20 the Committee on Foreign Affairs and the Com21 mittee on Appropriations of the House of Represent22 atives and the Committee on Foreign Relations and 

23 the Committee on Appropriations of the Senate, a 

24 report on the vetting process of units of security 


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1 forces of foreign countries established to comply with 

2 this section. 

3 ‘‘(2) MATTERS TO BE INCLUDED.—The report 

4 required under paragraph (1) shall include the fol5 lowing: 

6 ‘‘(A) The total number of units submitted 

7 for vetting during the prior calendar year, and 

8 the number of such units that were approved, 

9 suspended, or rejected for human rights rea10 sons. 

11 ‘‘(B) The name of such units rejected dur12 ing the prior calendar year and a description of 

13 the steps taken to assist the government of the 

14 foreign country in bringing the responsible 

15 members of such units to justice, in accordance 

16 with subsection (c). 

17 ‘‘(C) An updated list of the units with re18 spect to which no assistance is to be furnished 

19 pursuant to subsection (a).’’. 

20 (3) In section 622(c) (22 U.S.C. 2382(c)), by 

21 inserting ‘‘law enforcement and justice sector assist22 ance,’’ before ‘‘military assistance,’’. 

23 (4) In section 656(a)(1) (22 U.S.C. 

24 2416(a)(1)), by striking ‘‘January 31’’ and inserting 

25 ‘‘March 1’’. 


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1 SEC. 831. REPEAL OF REPORTS. 

2 (a) REPEAL OF ANNUAL REPORT ON WORLD MILI3 TARY EXPENDITURES AND ARMS TRANSFERS.—Section 

4 404 of the Arms Control and Disarmament Act (22 

5 U.S.C. 2593b) is hereby repealed. 

6 (b) REPEAL OF ANNUAL REPORT RELATING TO THE

7 COMMISSION ON SECURITY AND COOPERATION IN EU8 ROPE.—Section 5 of the Act entitled ‘‘An Act to establish 

9 a Commission on Security and Cooperation in Europe’’ 

10 (22 U.S.C. 3005) is hereby repealed. 

11 (c) REPEAL OF REPORT ON ASSISTANCE RELATING

12 TO INTERNATIONAL TERRORISM.—Section 502 of the 

13 International Security and Development Cooperation Act 

14 of 1985 (22 U.S.C. 2349aa–7) is amended— 

15 (1) by striking subsection (b); and 

16 (2) by redesignating subsection (c) as sub17 section (b). 

18 SEC. 832. DEFENSE TRADE CONTROLS REGISTRATION 

19 FEES. 

20 Section 45 of the State Department Basic Authorities 

21 Act of 1956 (22 U.S.C. 2717) is amended— 

22 (1) in the first sentence— 

23 (A) by inserting ‘‘defense trade controls’’ 

24 after ‘‘100 percent of the’’; and 

25 (B) by striking ‘‘the Office of Defense 

26 Trade Controls of’’; and 


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1 (2) in the second sentence— 

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

3 by inserting ‘‘management, licensing, compli4 ance, and policy activities in the defense trade 

5 controls function, including’’ after ‘‘incurred 

6 for’’; 

7 (B) in paragraph (1), by striking ‘‘contract 

8 personnel to assist in’’; 

9 (C) in paragraph (2), by striking ‘‘and’’ at 

10 the end; 

11 (D) in paragraph (3), by striking the pe12 riod at the end and inserting a semicolon; and 

13 (E) by adding at the end the following: 

14 ‘‘(4) the facilitation of defense trade policy de15 velopment and implementation, review of commodity 

16 jurisdiction determinations, public outreach to indus17 try and foreign parties, and analysis of scientific and 

18 technological developments as they relate to the ex19 ercise of defense trade control authorities; and 

20 ‘‘(5) contract personnel to assist in such activi21 ties.’’. 


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1 SEC. 833. WITHHOLDING OF ASSISTANCE TO UNITS OF FOR2 EIGN SECURITY FORCES THAT ENGAGED IN 

3 SEXUAL EXPLOITATION OR ABUSE IN PEACE4 KEEPING OPERATIONS. 

5 The Foreign Assistance Act of 1961 is amended by 

6 inserting after section 554 the following: 

7 ‘‘SEC. 555. WITHHOLDING OF ASSISTANCE TO UNITS OF 

8 FOREIGN SECURITY FORCES THAT ENGAGED 

9 IN SEXUAL EXPLOITATION OR ABUSE IN 

10 PEACEKEEPING OPERATIONS. 

11 ‘‘(a) IN GENERAL.—The Secretary of State should 

12 withhold assistance to any unit of the security forces of 

13 a foreign country if the Secretary has credible information 

14 that such unit has engaged in sexual exploitation or abuse, 

15 including while serving in a United Nations peacekeeping 

16 operation, until the Secretary determines that the govern17 ment of such country is taking effective steps to hold the 

18 responsible members of such unit accountable and to pre19 vent future incidents. 

20 ‘‘(b) NOTICE.—The Secretary of State— 

21 ‘‘(1) shall promptly notify the government of 

22 each country subject to any withholding of assist23 ance pursuant to this section; and 

24 ‘‘(2) shall notify the appropriate congressional 

25 committees of such withholding not later than 10 


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1 days after a determination to withhold such assist2 ance is made. 

3 ‘‘(c) ASSISTANCE.—The Secretary of State shall, to 

4 the maximum extent practicable, assist the government of 

5 each country subject to any withholding of assistance pur6 suant to this section in bringing the responsible members 

7 of such unit of the security forces of the country to justice. 

8 ‘‘(d) APPROPRIATE CONGRESSIONAL COMMITTEES

9 DEFINED.—In this section, the term ‘appropriate congres10 sional committees’ means— 

11 ‘‘(1) the Committee on Foreign Affairs and the 

12 Committee on Appropriations of the House of Rep13 resentatives; and 

14 ‘‘(2) the Committee on Foreign Relations and 

15 the Committee on Appropriations of the Senate.’’. 

16 Subtitle C—Studies on Authorities 

17 and Programs 

18 SEC. 841. REQUIREMENT FOR STUDY BY BUREAU OF INTER19 NATIONAL NARCOTICS AND LAW ENFORCE20 MENT AFFAIRS. 

21 (a) IN GENERAL.—Not later than one year after the 

22 date of enactment of this Act, the Assistant Secretary for 

23 the Bureau of International Narcotics and Law Enforce24 ment, in consultation with the heads of other relevant bu25 reaus of the Department, shall submit to the Committee 


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1 on Foreign Affairs of the House of Representatives and 

2 the Committee on Foreign Relations of the Senate a re3 port detailing all existing programs, and their statutory 

4 authorities, that provide training, advice, equipment, and 

5 other support to eligible foreign civilian security forces and 

6 institutions. 

7 (b) MATTERS TO BE INCLUDED.—Such a report 

8 shall assess the following: 

9 (1) The benefits and costs of consolidating the 

10 number of such programs and expanding the scope 

11 of such programs, as appropriate. 

12 (2) The prospects for improving coordination 

13 among such programs. 

14 (3) The impact of repealing section 660 of the 

15 Foreign Assistance Act of 1961 (22 U.S.C. 2420), 

16 including— 

17 (A) the potential opportunities such repeal 

18 would create for expanding existing programs 

19 or establishing new programs to improve the ca20 pacity, capabilities, and professionalism of such 

21 civilian security forces and institutions, includ22 ing with respect to pay and promotions, bene23 fits, leadership, and administration; and 


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1 (B) the required elements necessary to en2 sure that any such program would enhance rule 

3 of law and safeguard human rights. 

4 (c) CIVILIAN SECURITY FORCES.—In this section, 

5 the term ‘‘civilian security forces’’ includes non-military 

6 security forces at the national, State, district, or local level 

7 that are responsible for internal security, do not report 

8 to a defense ministry or similar or related defense or mili9 tary entity of a foreign government, and are assigned re10 sponsibility for one or more of the following: 

11 (1) Law enforcement. 

12 (2) Border security. 

13 (3) Maritime and port security. 

14 (4) Customs law enforcement. 

15 (5) Sanctions monitoring and enforcement. 

16 (6) Counterterrorism. 

17 (7) Counternarcotics. 

18 (8) Counterproliferation. 

19 (9) Countertransnational organized crime. 

20 (10) Improving the administration of justice. 

21 (11) Promoting respect for human rights. 

22 (12) Promoting the rule of law. 


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1 SEC. 842. REQUIREMENT FOR INDEPENDENT STUDY OF EX2 ISTING SECURITY ASSISTANCE AUTHORITIES. 

3 (a) IN GENERAL.—Not later than 60 days after the 

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

5 into a contract with a federally funded research and devel6 opment center with appropriate expertise and analytical 

7 capability to carry out the study described in subsection 

8 (b). 

9 (b) STUDY.—The study required by subsection (a) 

10 shall provide for a comprehensive examination of— 

11 (1) the history and evolution of existing security 

12 assistance authorities and the original intent of such 

13 authorities; 

14 (2) areas in which— 

15 (A) such authorities have deviated from 

16 such original intent and explanations why; and 

17 (B) such authorities overlap or compete 

18 with one another; and 

19 (3) recommendations for consolidating, replac20 ing, or otherwise adapting such authorities, as well 

21 as for establishing new ones, to include recommenda22 tions for differentiating authorities based on the ca23 pacity and capabilities they build as opposed to by 

24 issue or purpose. 

25 (c) REPORT.— 


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1 (1) TO THE SECRETARY.—Not later than one 

2 year after the date on which the Secretary enters 

3 into a contract pursuant to subsection (a), the inde4 pendent research entity that has entered into a con5 tract with the Secretary shall submit to the Sec6 retary a report containing— 

7 (A) the results of the study required by 

8 subsection (a); and 

9 (B) such recommendations to improve the 

10 effectiveness of existing security assistance au11 thorities as the entity considers to be appro12 priate. 

13 (2) TO CONGRESS.—Not later than 30 days 

14 after receipt of the report under paragraph (1), the 

15 Secretary shall submit such report, together with 

16 any additional views or recommendations of the Sec17 retary, to the Committee on Foreign Affairs of the 

18 House of Representatives and the Committee on 

19 Foreign Relations of the Senate. 

20 TITLE IX—MISCELLANEOUS 

21 SEC. 901. CASE-ZABLOCKI ACT REFORM. 

22 Section 112b of title 1, United States Code, is 

23 amended— 


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1 (1) in subsection (a), by striking ‘‘Committee 

2 on International Relations’’ and inserting ‘‘Com3 mittee on Foreign Affairs’’; and 

4 (2) by amending subsection (b) to read as fol5 lows: 

6 ‘‘(b) Each department or agency of the United States 

7 Government that enters into any international agreement 

8 described in subsection (a) on behalf of the United States, 

9 shall designate a Chief International Agreements Officer, 

10 who— 

11 ‘‘(1) shall be a current employee of such depart12 ment or agency; 

13 ‘‘(2) shall serve concurrently as Chief Inter14 national Agreements Officer; and 

15 ‘‘(3) subject to the authority of the head of 

16 such department or agency, shall have department 

17 or agency-wide responsibility for efficient and appro18 priate compliance with subsection (a) to transmit the 

19 text of any international agreement to the Depart20 ment of State not later than 20 days after such 

21 agreement has been signed.’’. 

22 SEC. 902. LIMITATION ON ASSISTANCE TO COUNTRIES IN 

23 DEFAULT. 

24 Section 620(q) of the Foreign Assistance Act (22 

25 U.S.C. 2370(q)) is amended— 


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1 (1) by striking ‘‘No assistance’’ and inserting 

2 the following: 

3 ‘‘(1) No assistance’’; 

4 (2) by inserting ‘‘the government of’’ before 

5 ‘‘any country’’; 

6 (3) by inserting ‘‘the government of’’ before 

7 ‘‘such country’’ each place it appears; 

8 (4) by striking ‘‘determines’’ and all that fol9 lows and inserting ‘‘determines, after consultation 

10 with the Committee on Foreign Affairs and the 

11 Committee on Appropriations of the House of Rep12 resentatives and the Committee on Foreign Rela13 tions and the Committee on Appropriations of the 

14 Senate, that assistance for such country is in the na15 tional interest of the United States.’’; and 

16 (5) by adding at the end the following: 

17 ‘‘(2) No assistance shall be furnished under this 

18 Act, the Peace Corps Act, the Millennium Challenge 

19 Act of 2003, the African Development Foundation 

20 Act, the BUILD Act of 2018, section 504 of the 

21 FREEDOM Support Act, or section 23 of the Arms 

22 Export Control Act to the government of any coun23 try which is in default during a period in excess of 

24 1 calendar year in payment to the United States of 

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1 ment of such country by the United States pursuant 

2 to a program for which funds are appropriated 

3 under such Act unless the President determines, fol4 lowing consultation with the congressional commit5 tees specified in paragraph (1), that assistance for 

6 such country is in the national interest of the United 

7 States.’’. 

8 SEC. 903. PROHIBITION ON ASSISTANCE TO GOVERNMENTS 

9 SUPPORTING INTERNATIONAL TERRORISM. 

10 (a) PROHIBITION.—Subsection (a) of section 620A of 

11 the Foreign Assistance Act of 1961 (22 U.S.C. 2371) is 

12 amended by striking ‘‘that the government of that coun13 try’’ and all that follows and inserting ‘‘that the govern14 ment of that country— 

15 ‘‘(1) has repeatedly provided support for acts of 

16 international terrorism; 

17 ‘‘(2) grants sanctuary from prosecution to any 

18 individual or group which has committed an act of 

19 international terrorism; 

20 ‘‘(3) otherwise supports international terrorism; 

21 or 

22 ‘‘(4) is controlled by an organization designated 

23 as a foreign terrorist organization under section 219 

24 of the Immigration and Nationality Act (8 U.S.C. 

25 1189).’’. 


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1 (b) RESCISSION.—Subsection (c) of such section is 

2 amended by striking ‘‘and the Chairman of the Committee 

3 on Foreign Relations of the Senate’’ and inserting ‘‘, the 

4 Committee on Foreign Affairs of the House of Representa5 tives, the Committee on Foreign Relations of the Senate, 

6 and the Committees on Appropriations of the House of 

7 Representatives and the Senate’’. 

8 (c) WAIVER.—Subsection (d)(2) of such section is 

9 amended by striking ‘‘and the chairman of the Committee 

10 on Foreign Relations of the Senate’’ and inserting ‘‘, the 

11 Committee on Foreign Affairs of the House of Representa12 tives, the Committee on Foreign Relations of the Senate, 

13 and the Committees on Appropriations of the House of 

14 Representatives and the Senate’’. 

15 (d) PROHIBITION ON LETHAL MILITARY EQUIPMENT

16 EXPORTS.—Such section, as so amended, is further 

17 amended by adding at the end the following: 

18 ‘‘(e) PROHIBITION ON LETHAL MILITARY EQUIP19 MENT EXPORTS.— 

20 ‘‘(1) PROHIBITION.— 

21 ‘‘(A) IN GENERAL.—The United States 

22 shall not provide any assistance under this Act 

23 or section 23 of the Arms Export Control Act 

24 to any foreign government that provides lethal 

25 military equipment to a country the government 


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1 of which the Secretary of State has determined 

2 supports international terrorism for purposes of 

3 section 1754(c) of the Export Control Reform 

4 Act of 2018. 

5 ‘‘(B) TERMINATION.—The prohibition on 

6 assistance under subparagraph (A) with respect 

7 to a foreign government shall terminate 12 

8 months after such government ceases to provide 

9 the lethal military equipment described in such 

10 subparagraph. 

11 ‘‘(C) APPLICABILITY.—This subsection ap12 plies with respect to lethal military equipment 

13 provided under a contract entered into after Oc14 tober 1, 1997. 

15 ‘‘(2) WAIVER.—The President may waive the 

16 prohibition on assistance under paragraph (1) with 

17 respect to a foreign government if the President de18 termines that to do so is important to the national 

19 interest of the United States. 

20 ‘‘(3) REPORT.—Upon the exercise of the waiver 

21 authority pursuant to paragraph (2), the President 

22 shall submit to the appropriate congressional com23 mittees a report with respect to the furnishing of as24 sistance under the waiver authority, including— 


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1 ‘‘(A) a detailed explanation of the assist2 ance to be provided; 

3 ‘‘(B) the estimated dollar amount of such 

4 assistance; and 

5 ‘‘(C) an explanation of how the assistance 

6 furthers the national interest of the United 

7 States. 

8 ‘‘(4) APPROPRIATE CONGRESSIONAL COMMIT9 TEES DEFINED.—In this subsection, the term ‘ap10 propriate congressional committees’ means— 

11 ‘‘(A) the Committee on Foreign Affairs 

12 and the Committee on Appropriations of the 

13 House of Representatives; and 

14 ‘‘(B) the Committee on Foreign Relations 

15 and the Committee on Appropriations of the 

16 Senate.’’. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS