I 

115TH CONGRESS 

2D SESSION H. R. 5592 

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

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 24, 2018 

Mr. ROYCE of California (for himself and Mr. ENGEL) 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 2018’’. 

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. Reorganization authority. 

Sec. 103. Sense of Congress regarding need for congressional authorization 

prior to USAID reorganization. 

Sec. 104. National diplomacy and development strategy. 

Sec. 105. Office of Global Women’s Issues. 

Sec. 106. Office of International Religious Freedom. 

Sec. 107. Bureau of Democracy, Human Rights, and Labor. 

Sec. 108. Assistant Secretary for International Narcotics and Law Enforcement 

Affairs. 

Sec. 109. Office of International Disability Rights. 

Sec. 110. Bureau of Consular Affairs; Bureau of Population, Refugees, and Migration. 

Sec. 111. Anti-piracy information sharing. 

Sec. 112. Extension of authority to assess passport surcharge. 

Sec. 113. Overseas comparability pay limitation. 

Sec. 114. Recall and reemployment of career members. 

Sec. 115. Director General of the Foreign Service and Director of the Foreign 

Service Institute. 

Sec. 116. Importance of foreign affairs training to national security. 

Sec. 117. Basic training and evaluation of career candidates to the Foreign 

Service. 

Sec. 118. Counterintelligence and counterterrorism training for Foreign Service 

officers. 

Sec. 119. Foreign language training reform. 

Sec. 120. Authorization for receipt of private funding for diplomatic studies 

and training. 

Sec. 121. Classification and assignment of Foreign Service officers. 

Sec. 122. Cyber diplomacy. 

Sec. 123. Energy diplomacy and security within the Department of State. 

TITLE II—EMBASSY CONSTRUCTION 

Sec. 201. Standard design in capital construction. 

Sec. 202. Capital construction transparency. 

Sec. 203. Contractor performance information. 

Sec. 204. Growth projections for new embassies and consulates. 

Sec. 205. Long-range planning process. 

Sec. 206. Value engineering and risk assessment. 

Sec. 207. Business volume. 

Sec. 208. Embassy security requests and deficiencies. 

Sec. 209. Overseas security briefings. 

TITLE III—PERSONNEL ISSUES 

Sec. 301. Special appointments. 

Sec. 302. Defense Base Act insurance waivers. 

Sec. 303. Study on Foreign Service allowances. 

Sec. 304. Science and technology fellowships. 

Sec. 305. Travel for separated families. 

Sec. 306. Home leave travel for separated families. 

Sec. 307. Sense of Congress regarding certain fellowship programs. 

Sec. 308. Technical correction. 

Sec. 309. Foreign Service awards. 

Sec. 310. Diplomatic and consular programs. 

TITLE IV—DIVERSITY AND VETERAN RECRUITMENT 


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Sec. 401. Definitions. 

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

Sec. 403. Exit interviews or surveys. 

Sec. 404. Recruitment. 

Sec. 405. Veteran recruitment 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. Improving FOIA process. 

Sec. 504. Annual report on security violations. 

Sec. 505. Classified information spillage. 

Sec. 506. Refresher training on the handling of classified information. 

Sec. 507. Prohibition on contracting with certain telecommunications providers. 

Sec. 508. Report on contracts with Kaspersky Labs and Huawei. 

TITLE VI—PUBLIC DIPLOMACY 

Sec. 601. Avoiding duplication of programs and efforts. 

Sec. 602. American Spaces review. 

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

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—MISCELLANEOUS 

Sec. 801. Case-Zablocki reform. 

Sec. 802. Reporting on implementation of GAO recommendations. 

Sec. 803. Extension of authority for certain Accountability Review Boards. 

TITLE IX—MATTERS RELATING TO INTERNATIONAL SECURITY 

Subtitle A—General Provisions 

Sec. 901. Modification of purposes for which military sales by the United 

States are authorized. 

Sec. 902. Return of defense articles. 

Sec. 903. Requirements relating to exemptions for licensing of defense items. 

Sec. 904. Amendment to general provisions. 

Sec. 905. Technical amendments to Arms Export Control Act. 

Sec. 906. Sense of Congress on licensing under United States arms export control programs. 

Sec. 907. Extension of war reserve stockpile authority. 

Sec. 908. Peacekeeping operations and other national security programs. 

Sec. 909. Other amendments to military assistance authorities. 

Subtitle B—Security Sector Reform 

Sec. 921. List of priority countries for security sector assistance. 


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Sec. 922. Coordinator for security sector assistance in priority countries. 

Sec. 923. Policies and guidance for regional bureaus of the Department. 

Sec. 924. Office for Security Sector Assistance in the Department. 

Sec. 925. Database for security assistance. 

Sec. 926. Definitions. 

Subtitle C—Modifications of Authorities That Provide for Rescission of 

Determinations of Countries as State Sponsors of Terrorism 

Sec. 931. Modifications of authorities that provide for rescission of determinations of countries as state sponsors of terrorism. 

1 SEC. 2. DEFINITIONS. 

2 Except as otherwise provided, in this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means— 

6 (A) the Committee on Foreign Relations of 

7 the Senate; 

8 (B) the Committee on Appropriations of 

9 the Senate; 

10 (C) the Committee on Foreign Affairs of 

11 the House of Representatives; and 

12 (D) the Committee on Appropriations of 

13 the House of Representatives. 

14 (2) DEPARTMENT.—Unless otherwise specified, 

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

16 State. 

17 (3) SECRETARY.—Unless otherwise specified, 

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


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1 TITLE I—ORGANIZATION AND 

2 OPERATIONS OF THE DE3 PARTMENT OF STATE 

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

6 It is the sense of Congress that— 

7 (1) United States global engagement is key to 

8 a stable and prosperous world; 

9 (2) United States leadership is indispensable in 

10 light of the many complex and interconnected 

11 threats facing the United States and the world; 

12 (3) diplomacy and development are critical tools 

13 of national power and full deployment of these tools 

14 is vital to United States national security; 

15 (4) challenges such as the global refugee and 

16 migration crises, terrorism, historic famine and food 

17 insecurity, and fragile or repressive societies cannot 

18 be addressed without sustained and robust United 

19 States diplomatic and development leadership; 

20 (5) the United States Government must use all 

21 of the instruments of national security and foreign 

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

24 and support global stability and prosperity; 


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

7 assistance that helps further economic development, 

8 good governance, including the rule of law and 

9 democratic institutions, and the development of 

10 shared responses to natural and humanitarian disas11 ters; 

12 (7) as the United States Government agencies 

13 primarily charged with conducting diplomacy and 

14 development, the Department and the United States 

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

17 important work, which is essential to our ability to 

18 project United States leadership and values and to 

19 advance the United States interests around the 

20 world; 

21 (8) the work of the Department and USAID 

22 makes the United States and the world safer and 

23 more prosperous by alleviating global poverty and 

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


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1 opportunities for women and girls, promoting good 

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

4 trade, preventing armed conflicts and humanitarian 

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

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

9 projection of American power and leadership world10 wide, and without which Americans would be less 

11 safe, our economic power would be diminished, and 

12 global stability and prosperity would suffer; 

13 (10) investing in diplomacy and development 

14 before conflicts break out saves American lives while 

15 also being cost-effective; and 

16 (11) the contributions of personnel working at 

17 the Department and USAID are extraordinarily val18 uable and allow us to maintain United States leader19 ship around the world. 

20 SEC. 102. REORGANIZATION AUTHORITY. 

21 (a) REPORT.—Not later than 60 days after the date 

22 of the enactment of this Act, the Secretary, in coordina23 tion with the USAID Administrator, shall report to the 

24 appropriate congressional committees on the details of any 

25 plans for the reorganization of the Department or USAID. 


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1 (b) ELEMENTS.—The report referred to in subsection 

2 (a) may be a brief or a written report and shall, to the 

3 extent appropriate, include the following elements: 

4 (1) The principles and goals of such reorganiza5 tion, including the timeline under which the pro6 posed organizational changes will be implemented. 

7 (2) The justification for the reorganization, spe8 cifically with reference to the bureaus, offices, or po9 sitions of the Department or of USAID that would 

10 be proposed to be eliminated, created, or altered by 

11 such reorganization. 

12 (3) An assessment of the projected impact of 

13 the reorganization on United States diplomacy and 

14 development efforts. 

15 (4) Recommendations for any legislative au16 thorities required to implement the proposed reorga17 nization. 

18 (c) TEMPORARY LIMITATION.—The Department and 

19 USAID may not implement any aspect of any proposed 

20 reorganization under this section until 30 days after the 

21 plan with respect to any such reorganization is submitted 

22 pursuant to subsection (a). 

23 (d) LIMITATION.—Any plan for the reorganization of 

24 the Department or USAID shall preserve the status of 

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1 utive branch pursuant to section 1413 of the Foreign Af2 fairs Reform and Restructuring Act of 1998 (22 U.S.C. 

3 6563). 

4 (e) RULE OF CONSTRUCTION.—Nothing in this sec5 tion may be construed as superseding any law that re6 quires the establishment of certain bureaus and offices of 

7 the Department or USAID. 

8 SEC. 103. SENSE OF CONGRESS REGARDING NEED FOR 

9 CONGRESSIONAL AUTHORIZATION PRIOR TO 

10 USAID REORGANIZATION. 

11 It is the sense of Congress that, pursuant to section 

12 1413 of the Foreign Affairs Reform and Restructuring 

13 Act of 1998 (22 U.S.C. 6563), congressional authorization 

14 is a prerequisite to any reorganization of the United 

15 States Agency for International Development that would 

16 change its current status. 

17 SEC. 104. NATIONAL DIPLOMACY AND DEVELOPMENT 

18 STRATEGY. 

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

21 (1) the latest iteration of the Joint Strategic 

22 Plan developed by the Department and USAID does 

23 not adequately address the strategic priorities of the 

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1 ties, or offer the rationale for making hard choices 

2 with regard to limited resources; and 

3 (2) additional requirements to the Joint Stra4 tegic Plan are necessary to encourage the develop5 ment of a national diplomacy and development strat6 egy, elements of which shall be provided to Congress 

7 in classified form. 

8 (b) ENHANCEMENT OF JOINT STRATEGIC PLAN FOR

9 THE DEPARTMENT AND USAID.—In addition to meeting 

10 the requirements described in section 306 of title 5, 

11 United States Code, the strategic plan developed by the 

12 Department and USAID shall— 

13 (1) refer to and support the most recent na14 tional security strategy report submitted pursuant to 

15 section 108 of the National Security Act of 1947 

16 (50 U.S.C. 3043); 

17 (2) be integrated and coordinated with other 

18 relevant national-level plans and with the strategic 

19 plans of other Federal departments and agencies, in20 cluding the current National Defense Strategy; 

21 (3) prioritize the leading worldwide diplomatic 

22 and development interests and objectives of the 

23 United States and the leading threats and challenges 

24 associated with those interests and objectives; 


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1 (4) identify the major diplomatic, economic, and 

2 assistance approaches designed to support and fur3 ther the worldwide interests, goals, commitments, 

4 and policies that are vital to the national security of 

5 the United States; 

6 (5) describe how the diplomatic and develop7 ment community will utilize personnel, partnerships, 

8 alliances, industry, technology, international and 

9 nongovernmental organizations, and other capabili10 ties to execute the efforts described in paragraph 

11 (4); 

12 (6) outline the organizational roles and missions 

13 of the elements of the diplomatic and development 

14 community as part of an integrated enterprise, and 

15 how those elements coordinate and collaborate with 

16 other Federal departments and agencies supporting 

17 the national security strategy of the United States; 

18 (7) include an assessment of each bureau head19 ed by an Assistant Secretary of State or an Assist20 ant Administrator of USAID regarding its current 

21 and anticipated contribution to the overall strategic 

22 plan, including analysis of personnel, responsibilities, 

23 performance, and chain of management; 

24 (8) identify sources of strategic, institutional, 

25 programmatic, fiscal, and technological risk; 


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1 (9) analyze factors that may affect the diplo2 matic and development community’s performance in 

3 pursuing the approaches described in paragraph (4) 

4 during the following 10-year period; and 

5 (10) identify extraordinary resources and statu6 tory authorities that may be necessary or appro7 priate to implement this strategy. 

8 (c) FORM.—The plan required under subsection (b) 

9 shall be transmitted in both classified and unclassified 

10 form, but may include a classified annex. 

11 (d) SUBMISSION TO CONGRESS.—Not later than 30 

12 days after submission of the strategic plan required under 

13 section 306 of title 5, United States Code, the Secretary 

14 shall submit to the appropriate congressional committees 

15 and to the Committees on Armed Services of the Senate 

16 and the House of Representatives any classified annex re17 ferred to in subsection (c). 

18 SEC. 105. OFFICE OF GLOBAL WOMEN’S ISSUES. 

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

20 Office of Global Women’s Issues (referred to in this sec21 tion as the ‘‘Office’’), which may be placed within the or22 ganizational structure of the Department at the discretion 

23 of the Secretary. 

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

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1 retary, regarding gender equality and advancing the status 

2 of women and girls in United States foreign policy. 

3 (c) DUTIES.—The Office should— 

4 (1) serve as the principal advisor to the Sec5 retary regarding gender equality, women’s and girls’ 

6 empowerment, and violence against women and girls 

7 as a priority of United States foreign policy; 

8 (2) represent the United States in diplomatic 

9 and multilateral fora on matters relevant to the sta10 tus of women and girls; 

11 (3) advise the Secretary and provide input on 

12 all activities, policies, programs, and funding relat13 ing to gender equality and the advancement of 

14 women and girls internationally for all bureaus and 

15 offices of the Department and in the international 

16 programs of all other Federal agencies; 

17 (4) work to ensure that efforts to advance gen18 der equality and women’s and girls’ empowerment 

19 are fully integrated into the programs, structures, 

20 processes, and capacities of all bureaus and offices 

21 of the Department and in the international pro22 grams of other Federal agencies; and 

23 (5) conduct regular consultation with civil soci24 ety organizations working to advance gender equality 

25 and empower women and girls internationally. 


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

2 an Ambassador-at-large for Global Women’s Issues who 

3 exercises significant authority, reports to the President or 

4 Secretary, and is appointed by the President by and with 

5 the advice and consent of the Senate. 

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

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

8 to the appropriate congressional committees a report or 

9 briefing on the steps taken to fulfill the duties of the Of10 fice specified in subsection (c). 

11 SEC. 106. OFFICE OF INTERNATIONAL RELIGIOUS FREE12 DOM. 

13 (a) IN GENERAL.—Section 101(c)(4) of the Inter14 national Religious Freedom Act of 1998 (22 U.S.C. 

15 6411(c)(4)) is amended— 

16 (1) in subparagraph (A), by striking ‘‘; and’’ 

17 and inserting a semicolon; 

18 (2) in subparagraph (B), by striking the period 

19 at the end and inserting ‘‘; and’’; and 

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

22 ‘‘(C) shall supervise any special envoy, spe23 cial representative, or office with responsibility 

24 for protecting international religious freedom, 


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1 protecting religious minorities, or advising the 

2 Secretary on matters relating to religion.’’. 

3 (b) IN GENERAL.—Section 59(a)(2) of the State De4 partment Basic Authorities Act of 1956 (22 U.S.C. 

5 2731(a)(2)) is amended by adding at the end the following 

6 new subparagraph: 

7 ‘‘(C) OVERSIGHT.—To promote a cohesive 

8 and integrated foreign policy regarding inter9 national religious freedom, the Special Envoy 

10 shall be placed under the supervision of the 

11 Ambassador at Large for International Reli12 gious Freedom.’’. 

13 SEC. 107. BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND 

14 LABOR. 

15 Paragraph (2) of section 1(c) of the State Depart16 ment Basic Authorities Act of 1956 (22 U.S.C. 2651a) 

17 is amended— 

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

19 the following new sentence: ‘‘All special envoys, am20 bassadors, and coordinators located within the Bu21 reau shall report directly to the Assistant Sec22 retary.’’; and 

23 (2) by adding at the end the following new sub24 paragraphs: 


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

2 duties, functions, and responsibilities specified 

3 in section 1(c)(2), the Bureau is authorized 

4 to— 

5 ‘‘(i) promote democracy and actively 

6 support human rights throughout the 

7 world in accordance with this subtitle; 

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

9 governance throughout the world; 

10 ‘‘(iii) to strengthen civil society pro11 grams and organizations; 

12 ‘‘(iv) produce the annual Country Re13 ports on Human Rights Practices, in con14 junction with embassies and regional bu15 reaus; 

16 ‘‘(v) implement— 

17 ‘‘(I) the limitation on assistance 

18 to security forces imposed pursuant to 

19 section 620M of the Foreign Assist20 ance Act of 1961 (22 U.S.C. 2378d; 

21 commonly known as the ‘Leahy Law’); 

22 and 

23 ‘‘(II) the Child Soldiers Preven24 tion Act of 2008 (22 U.S.C. 2370c et 

25 seq.; enacted as title IV of the William 


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1 Wilberforce Trafficking Victims Pro2 tection Reauthorization Act of 2008 

3 (Public Law 110–457)); 

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

5 recommendations to the Secretary of State 

6 regarding the proposed transfer of— 

7 ‘‘(I) defense articles and services 

8 authorized under the Foreign Assist9 ance Act of 1961 (22 U.S.C. 2151 et 

10 seq.) or the Arms Export Control Act 

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

12 ‘‘(II) military items listed on the 

13 600 series of the Commerce Control 

14 List contained in Supplement No. 1 to 

15 part 774 of subtitle B of title 15, 

16 Code of Federal Regulations; and 

17 ‘‘(vii) coordinate programs and activi18 ties that protect and advance the exercise 

19 of human rights and internet freedom in 

20 cyberspace. 

21 ‘‘(D) EFFICIENCY.—The Assistant Sec22 retary shall take whatever actions may be nec23 essary to minimize the duplication of efforts 

24 within the Bureau. 


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1 ‘‘(E) LOCAL OVERSIGHT.—United States 

2 missions, to the extent practicable, should assist 

3 in exercising oversight authority and coordinate 

4 with the Bureau to ensure that funds are ap5 propriately used and comply with anti-corrup6 tion practices.’’. 

7 SEC. 108. ASSISTANT SECRETARY FOR INTERNATIONAL 

8 NARCOTICS AND LAW ENFORCEMENT AF9 FAIRS. 

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

12 is amended— 

13 (1) by redesignating paragraph (3) as para14 graph (4); and 

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

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

20 ‘‘(A) IN GENERAL.—There shall be in the 

21 Department of State an Assistant Secretary for 

22 International Narcotics and Law Enforcement 

23 Affairs who shall be responsible to the Sec24 retary for all matters, programs, and related 

25 activities pertaining to international narcotics, 


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1 anti-crime, and law enforcement affairs in the 

2 conduct of foreign policy by the Department, 

3 including, as appropriate, the coordination of 

4 programs carried out by United States Govern5 ment agencies abroad, and such other related 

6 duties as the Secretary may from time to time 

7 designate. 

8 ‘‘(B) AREAS OF RESPONSIBILITY.—The 

9 Assistant Secretary for International Narcotics 

10 and Law Enforcement Affairs shall maintain 

11 continuous observation and coordination of all 

12 matters pertaining to international narcotics 

13 and law enforcement affairs in the conduct of 

14 foreign policy, including programs carried out 

15 by other United States Government agencies 

16 when such programs pertain to the following 

17 matters: 

18 ‘‘(i) Combatting international nar19 cotics production and trafficking. 

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

22 capacity, appeals systems, law enforcement 

23 agencies, prison systems, and the sharing 

24 of recovered assets. 


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1 ‘‘(iii) Training and equipping foreign 

2 security forces, including police, for anti3 crime programs, and vetting all foreign 

4 personnel who receive such assistance. 

5 ‘‘(iv) Ensuring the inclusion of human 

6 rights issues in law enforcement programs, 

7 in consultation with the Assistant Sec8 retary for Democracy, Human Rights, and 

9 Labor and the heads of appropriate re10 gional bureaus. 

11 ‘‘(v) Combating, in conjunction with 

12 other relevant bureaus of the Department, 

13 all forms of transnational organized crime, 

14 including illicit trafficking, human traf15 ficking, arms trafficking, wildlife traf16 ficking, trafficking in cultural property, 

17 migrant smuggling, money laundering, the 

18 illicit smuggling of bulk cash, and other 

19 forms of emerging crime. 

20 ‘‘(vi) Identifying and responding to 

21 global corruption, including strengthening 

22 the capacity of foreign government institu23 tions responsible for addressing financial 

24 crimes. 


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

2 the responsibilities specified in subparagraph 

3 (B), the Assistant Secretary for International 

4 Narcotics and Law Enforcement Affairs shall 

5 also— 

6 ‘‘(i) carry out timely and substantive 

7 consultation with chiefs of mission and, as 

8 appropriate, the heads of other United 

9 States Government agencies to ensure ef10 fective coordination of all international 

11 narcotics and law enforcement programs 

12 carried out overseas by the Department 

13 and such other agencies; 

14 ‘‘(ii) coordinate with the Office of Na15 tional Drug Control Policy to ensure les16 sons learned from other components of the 

17 United States Government are utilized by 

18 the Bureau of International Narcotics and 

19 Law Enforcement Affairs; 

20 ‘‘(iii) develop standard requirements 

21 for monitoring and evaluation of Bureau 

22 programs, including metrics for success 

23 that do not rely solely on the amounts of 

24 illegal drugs that are produced or seized; 

25 and 


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1 ‘‘(iv) in coordination with the Sec2 retary of State, annually certify in writing 

3 to the Committee on Foreign Affairs of the 

4 House of Representatives and the Com5 mittee on Foreign Relations of the Senate 

6 that United States law enforcement per7 sonnel posted abroad whose activities are 

8 funded to any extent by the Bureau of 

9 International Narcotics and Law Enforce10 ment Affairs are complying with section 

11 207 of the Foreign Service Act of 1980 

12 (22 U.S.C. 3927).’’. 

13 (b) MODIFICATION OF ANNUAL INTERNATIONAL

14 NARCOTICS CONTROL STRATEGY REPORT.—Subsection 

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

16 (22 U.S.C. 2291h) is amended by adding at the end the 

17 following new paragraph: 

18 ‘‘(9) A separate section that contains an identi19 fication of all United States Government vetted 

20 units funded by the Bureau of International Nar21 cotics and Law Enforcement Affairs and any Bu22 reau-funded operations by such units in which 

23 United States law enforcement personnel have been 

24 physically present.’’. 


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1 SEC. 109. OFFICE OF INTERNATIONAL DISABILITY RIGHTS. 

2 (a) ESTABLISHMENT.—There should be established 

3 in the Department an Office of International Disability 

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

5 (b) DUTIES.—The Office should— 

6 (1) seek to ensure that all United States for7 eign operations are accessible to, and inclusive of, 

8 persons with disabilities; 

9 (2) promote the human rights and full partici10 pation in international development activities of all 

11 persons with disabilities; and 

12 (3) promote disability inclusive practices and 

13 the training of Department staff on soliciting quality 

14 programs that are fully inclusive of people with dis15 abilities. 

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

17 (1) a senior advisor to the appropriate Assist18 ant Secretary; or 

19 (2) an officer exercising significant authority 

20 who reports to the President or Secretary, appointed 

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

22 (d) CONFORMING AMENDMENT.—Section 579(b) of 

23 the Foreign Operations, Export Financing, and Related 

24 Programs Appropriations Act, 2005 (division D of Public 

25 Law 108–447) is amended by striking subsection (b). 


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1 SEC. 110. BUREAU OF CONSULAR AFFAIRS; BUREAU OF 

2 POPULATION, REFUGEES, AND MIGRATION. 

3 Section 1 of the State Department Basic Authorities 

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

5 (1) by redesignating subsection (g) as sub6 section (i); and 

7 (2) by inserting after subsection (f) the flowing 

8 new subsections: 

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

10 the Department of State the Bureau of Consular Affairs, 

11 which shall be headed by the Assistant Secretary of State 

12 for Consular Affairs. 

13 ‘‘(h) BUREAU OF POPULATION, REFUGEES, AND MI14 GRATION.—There is in the Department of State the Bu15 reau of Population, Refugees, and Migration, which shall 

16 be headed by the Assistant Secretary of State for Popu17 lation, Refugees, and Migration.’’. 

18 SEC. 111. ANTI-PIRACY INFORMATION SHARING. 

19 The Secretary is authorized to provide for the partici20 pation by the United States in the Information Sharing 

21 Centre located in Singapore, as established by the Re22 gional Cooperation Agreement on Combating Piracy and 

23 Armed Robbery against Ships in Asia (ReCAAP). 


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1 SEC. 112. EXTENSION OF AUTHORITY TO ASSESS PASSPORT 

2 SURCHARGE. 

3 Section 1(b) of the Act of June 4, 1920 (41 Stat. 

4 750; chapter 223; 22 U.S.C. 214(b)), is amended— 

5 (1) in paragraph (2), by striking ‘‘2010’’ and 

6 inserting ‘‘2019’’; and 

7 (2) in paragraph (3), by— 

8 (A) striking ‘‘2006 and 2007’’ and insert9 ing ‘‘2018 and 2019’’; and 

10 (B) striking ‘‘2005’’ and inserting ‘‘2017’’. 

11 SEC. 113. OVERSEAS COMPARABILITY PAY LIMITATION. 

12 (a) IN GENERAL.—Subject to such regulations as 

13 may be prescribed by the Secretary, including with respect 

14 to treatment as basic pay, and notwithstanding any other 

15 provision of law, an eligible member of the Foreign Service 

16 (as defined in subsection (b)) may be provided a locality17 based comparability payment (stated as a percentage) not 

18 to exceed two-thirds of the amount of the locality-based 

19 comparability payment (stated as a percentage) that 

20 would be payable to such member under section 5304 of 

21 title 5, United States Code, if such member’s official duty 

22 station were in the District of Columbia. 

23 (b) LIMITATION.—A member of the Foreign Service 

24 shall be eligible for a payment under this section only if 

25 the member is designated class 1 or below for purposes 

26 of section 403 of the Foreign Service Act of 1980 (22 


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1 U.S.C. 3963) and the member’s official duty station is not 

2 in the continental United States or in a non-foreign area, 

3 as defined in section 591.205 of title 5, Code of Federal 

4 Regulations. 

5 (c) FURTHER LIMITATION.—The amount of any lo6 cality-based comparability payment that is paid to a mem7 ber of the Foreign Service under this section shall be sub8 ject to any limitations on pay applicable to locality-based 

9 comparability payments under section 5304 of title 5, 

10 United States Code. 

11 SEC. 114. RECALL AND REEMPLOYMENT OF CAREER MEM12 BERS. 

13 Subsection (a) of section 308 of the Foreign Service 

14 Act of 1980 (22 U.S.C. 3948) is amended to read as fol15 lows: 

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

17 needs of the Department so require, the Secretary may 

18 recall any retired or voluntarily separated career member 

19 of the Service, or any retired or voluntarily separated ca20 reer employee of the civil service (within the meaning of 

21 section 315.201 of title 5, Code of Federal Regulations 

22 (or successor section)), for active duty in the same per23 sonnel category as such member or employee was serving 

24 at the time of retirement or voluntary separation. A re25 called retired or voluntarily separated career member of 


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1 the Service or retired or voluntarily separated career em2 ployee of the civil service may not be recalled to a salary 

3 class higher than the one in which such member or em4 ployee was serving at the time of retirement or voluntary 

5 separation, unless appointed to such higher class by the 

6 President, by and with the advice and consent of the Sen7 ate.’’. 

8 SEC. 115. DIRECTOR GENERAL OF THE FOREIGN SERVICE 

9 AND DIRECTOR OF THE FOREIGN SERVICE 

10 INSTITUTE. 

11 (a) SENSE OF CONGRESS.—It is the sense of Con12 gress that responsibility for the assignment and training 

13 of Department employees should be unified under the gen14 eral direction of the Director General of the Foreign Serv15 ice or such other single official as the Secretary may des16 ignate. 

17 (b) LINES OF AUTHORITY.—The Foreign Service Act 

18 of 1980 is amended— 

19 (1) in section 208 (22 U.S.C. 3928), in the sec20 ond sentence, by inserting ‘‘, including directing the 

21 formulation and implementation of personnel and 

22 training policies and programs,’’ after ‘‘in the man23 agement of the Service’’; and 

24 (2) in section 701(a) (22 U.S.C. 4021(a))— 


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1 (A) in the second sentence, by striking ‘‘be 

2 appointed by the Secretary of State’’ and in3 serting ‘‘report to and be under the general su4 pervision of the Director General of the Foreign 

5 Service’’; and 

6 (B) by inserting a period after ‘‘ ‘George P. 

7 Shultz National Foreign Affairs Training Cen8 ter’ ’’. 

9 SEC. 116. IMPORTANCE OF FOREIGN AFFAIRS TRAINING TO 

10 NATIONAL SECURITY. 

11 It is the sense of Congress that— 

12 (1) the Department is a crucial national secu13 rity agency, whose employees—both Foreign and 

14 Civil Service—require the best possible training at 

15 every stage of their careers to prepare them to pro16 mote and defend United States national interests 

17 and the health and safety of American citizens 

18 abroad; 

19 (2) the Secretary should explore establishing a 

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

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

22 at any given time; 

23 (3) the Department’s Foreign Service Institute 

24 should seek to substantially increase its educational 

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1 cluding developing new and innovative educational 

2 and training courses, methods, programs and oppor3 tunities; and 

4 (4) consistent with existing Department gift ac5 ceptance authority and other applicable laws, the 

6 Department and Foreign Service Institute should 

7 seek and accept funds and other resources from 

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

9 appropriate sources to help the Department and the 

10 Institute to accomplish the goals specified in para11 graph (3). 

12 SEC. 117. BASIC TRAINING AND EVALUATION OF CAREER 

13 CANDIDATES TO THE FOREIGN SERVICE. 

14 The Foreign Service Act of 1980 (22 U.S.C. 3901 

15 et seq.) is amended— 

16 (1) in section 306 (22 U.S.C. 3946), by striking 

17 subsections (a), (b), and (c) and inserting the fol18 lowing new subsections: 

19 ‘‘(a) CAREER APPOINTMENTS.— 

20 ‘‘(1) Before receiving a career appointment and 

21 beginning an assignment as described in section 

22 502, an individual under a limited appointment shall 

23 satisfactorily complete a rigorous Basic Training 

24 Course described in section 703. 


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1 ‘‘(2) After the successful completion of the 

2 Basic Training Course described in section 703 and 

3 before receiving a career appointment in the Service, 

4 an individual under a limited appointment shall 

5 serve as a career candidate for a trial period of serv6 ice prescribed by the Secretary. 

7 ‘‘(b) DETERMINATION BY SECRETARY.— 

8 ‘‘(1) During or at the conclusion of the Basic 

9 Training Course referred to in subsection (a)(1), the 

10 Secretary shall, with respect to a candidate de11 scribed in such subsection, decide whether to termi12 nate the appointment of the candidate without delay, 

13 as authorized in accordance with section 612. 

14 ‘‘(2) During the trial period of service referred 

15 to in subsection (a)(2), the Secretary shall, with re16 spect to a candidate described in such subsection, 

17 decide whether to— 

18 ‘‘(A) offer a career appointment under sec19 tion 303 to such candidate; or 

20 ‘‘(B) recommend to the President that 

21 such candidate be given a career appointment 

22 under section 302. 

23 ‘‘(c) BASIS.—Determinations by the Secretary under 

24 subsection (b) shall be based upon the recommendations 

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1 tirely or primarily of career members of the Service, which 

2 shall evaluate the fitness and aptitude of career candidates 

3 for the work of the Service. 

4 ‘‘(d) FOREIGN SERVICE GRIEVANCE BOARD DECI5 SIONS.—Nothing in this section may be construed to limit 

6 the authority of the Secretary or the Foreign Service 

7 Grievance Board under section 1107.’’; and 

8 (2) in section 703 (22 U.S.C. 4023)— 

9 (A) in subsection (a)— 

10 (i) in the first sentence— 

11 (I) by inserting ‘‘training and’’ 

12 after ‘‘establish a professional’’; 

13 (II) by inserting ‘‘and exhibit’’ 

14 after ‘‘that members of the Service 

15 obtain’’; and 

16 (III) by striking ‘‘the skills and 

17 knowledge’’ and inserting ‘‘the skills, 

18 knowledge, judgment, and integrity’’; 

19 and 

20 (ii) in the second sentence, by insert21 ing ‘‘before and’’ after ‘‘both’’; 

22 (B) by redesignating subsections (b) 

23 through (e) as subsections (c) through (f), re24 spectively; and 


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1 (C) by inserting after subsection (a) the 

2 following new subsection: 

3 ‘‘(b)(1) The Secretary shall ensure that all newly4 hired career candidates successfully complete a rigorous 

5 Basic Training Course before beginning their first domes6 tic or overseas assignment and receiving a career appoint7 ment in the Service. Such Basic Training Course shall 

8 evaluate candidates on the skills, knowledge, judgment, 

9 and integrity necessary to serve effectively as a Foreign 

10 Service officer in accordance with the Foreign Service pre11 cepts prescribed by the Secretary under section 602.’’. 

12 SEC. 118. COUNTERINTELLIGENCE AND COUNTERTER13 RORISM TRAINING FOR FOREIGN SERVICE 

14 OFFICERS. 

15 Section 708 of the Foreign Service Act of 1980 (22 

16 U.S.C. 4028) is amended by adding at the end the fol17 lowing new subsection: 

18 ‘‘(d) COUNTERINTELLIGENCE AND COUNTERTER19 RORISM TRAINING.— 

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

21 with the assistance of other relevant officials, shall 

22 establish as part of the standard training provided 

23 after the date of the enactment of this subsection, 

24 for officers of the Service, including chiefs of mis25 sion, instruction in the field of counterintelligence 


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1 and counterterrorism tradecraft. Such training shall 

2 include the following components: 

3 ‘‘(A) Instruction and practical exercises on 

4 the nature of cyber threats and tradecraft to 

5 minimize the risk of compromise of both classi6 fied and unclassified information. 

7 ‘‘(B) Instruction and practical exercises on 

8 human intelligence collection methods and 

9 tradecraft to effectively recognize and counter 

10 such methods and tradecraft. 

11 ‘‘(C) Instruction and practical exercises on 

12 physical security and terrorist threats and 

13 tradecraft to minimize the risk of such threats 

14 and tradecraft. 

15 ‘‘(2) INCORPORATION.—Training under this 

16 subsection shall be— 

17 ‘‘(A) included in the Basic Officer Train18 ing Course attended by all newly hired Foreign 

19 Service officers under section 703; 

20 ‘‘(B) required every seven years for all 

21 Foreign Service officers who possess a security 

22 clearance; and 

23 ‘‘(C) included in the courses required of all 

24 incoming deputy chiefs of mission and chiefs of 

25 mission.’’. 


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1 SEC. 119. FOREIGN LANGUAGE TRAINING REFORM. 

2 Subsection (a) of section 191 of the Foreign Rela3 tions Authorization Act, Fiscal Years 1994 and 1995 (22 

4 U.S.C. 3926 note) is amended— 

5 (1) by striking paragraph (2); and 

6 (2) redesignating paragraphs (3) through (6) as 

7 paragraphs (2) through (5), respectively. 

8 SEC. 120. AUTHORIZATION FOR RECEIPT OF PRIVATE 

9 FUNDING FOR DIPLOMATIC STUDIES AND 

10 TRAINING. 

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

12 U.S.C. 4021) is amended— 

13 (1) by redesignating subsection (g) as sub14 section (h); and 

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

17 ‘‘(g)(1) The institution is authorized to receive pri18 vate funds from private individuals and organizations to 

19 supplement the institution’s funding and expand and en20 hance training, including for the following: 

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

22 granting program at the institution. 

23 ‘‘(B) Curriculum development. 

24 ‘‘(C) Training and classes for Members of Con25 gress and congressional staff. 


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1 ‘‘(D) Hiring retired Department of State per2 sonnel to teach, notwithstanding other hiring limita3 tions. 

4 ‘‘(E) Other purposes as determined appropriate 

5 and necessary by the Secretary of State. 

6 ‘‘(2) Private funding received by the institution pur7 suant to this subsection shall be provided at the discretion 

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

9 be, in consultation with the Director of the institution and 

10 the Under Secretary of State for Management. 

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

12 of the Committee on Foreign Affairs or the Committee 

13 on Appropriations of the House of Representatives or the 

14 Committee on Foreign Relations or the Committee on Ap15 propriations of the Senate, the Department shall provide 

16 the names of grantors and nature and amounts of any 

17 contributions made.’’. 

18 SEC. 121. CLASSIFICATION AND ASSIGNMENT OF FOREIGN 

19 SERVICE OFFICERS. 

20 The Foreign Service Act of 1980 is amended— 

21 (1) in section 501 (22 U.S.C. 3981), by insert22 ing ‘‘If a position designated under this section is 

23 unfilled for more than 365 calendar days, such posi24 tion shall be filled, as appropriate, on a temporary 

25 basis, in accordance with section 309.’’ after ‘‘PosiVerDate Sep 11 2014 04:49 May 01, 2018 Jkt 079200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H5592.IH H5592

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1 tions designated under this section are excepted 

2 from the competitive service.’’; and 

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

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

5 a position working on issues relating to a particular 

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

7 area’’. 

8 SEC. 122. CYBER DIPLOMACY. 

9 (a) UNITED STATES INTERNATIONAL CYBERSPACE

10 POLICY.—Congress declares that it is the policy of the 

11 United States to work internationally with allies and other 

12 partners to promote an open, interoperable, reliable, unfet13 tered, and secure internet governed by the multi-stake14 holder model which promotes human rights, democracy, 

15 and rule of law, including freedom of expression, innova16 tion, communication, and economic prosperity, while re17 specting privacy and guarding against deception, fraud, 

18 and theft. 

19 (b) OFFICE OF CYBERSPACE AND THE DIGITAL

20 ECONOMY.—Section 1 of the State Department Basic Au21 thorities Act of 1956 (22 U.S.C. 2651a), as amended by 

22 section 110 of this Act, is further amended— 

23 (1) by redesignating subsection (i) as subsection 

24 (j); and 


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

3 ‘‘(i) OFFICE OF CYBERSPACE AND THE DIGITAL

4 ECONOMY.— 

5 ‘‘(1) IN GENERAL.—There is established an Of6 fice of Cyberspace and the Digital Economy (in this 

7 subsection referred to as the ‘Office’). The head of 

8 the Office shall have the rank and status of ambas9 sador and be appointed by the President, by and 

10 with the advice and consent of the Senate. 

11 ‘‘(2) DUTIES.— 

12 ‘‘(A) IN GENERAL.—The head of the Of13 fice shall perform such duties and exercise such 

14 powers as the Secretary of State shall prescribe, 

15 including implementing the policy of the United 

16 States described in section 122 of the Depart17 ment of State Authorization Act, Fiscal Year 

18 2018. 

19 ‘‘(B) DUTIES DESCRIBED.—The principal 

20 duties and responsibilities of the head of the 

21 Office shall be to— 

22 ‘‘(i) serve as the principal cyber-policy 

23 official within the senior management of 

24 the Department of State and advisor to 

25 the Secretary of State for cyber issues; 


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1 ‘‘(ii) lead the Department’s diplomatic 

2 cyberspace efforts generally, including re3 lating to international cybersecurity, inter4 net access, internet freedom, digital econ5 omy, cybercrime, deterrence, international 

6 responses to cyber threats, and other such 

7 issues as the Secretary shall assign; 

8 ‘‘(iii) promote an open, interoperable, 

9 reliable, unfettered, and secure information 

10 and communications technology infrastruc11 ture globally; 

12 ‘‘(iv) represent the Secretary in inter13 agency efforts to develop and advance 

14 United States international cyberspace pol15 icy; 

16 ‘‘(v) coordinate cyberspace efforts and 

17 other relevant functions within the Depart18 ment, and with other components of the 

19 United States Government; 

20 ‘‘(vi) act as liaison to public and pri21 vate sector entities on relevant cyberspace 

22 issues; 

23 ‘‘(vii) lead United States Government 

24 efforts to establish a global deterrence 

25 framework; 


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1 ‘‘(viii) develop and execute key adver2 sary specific strategies to influence adver3 sary decision-making through the imposi4 tion of costs and deterrence strategies; 

5 ‘‘(ix) advise the Secretary and coordi6 nate with foreign governments on external 

7 responses to national-security-level cyber 

8 incidents; 

9 ‘‘(x) promote the adoption of national 

10 processes and programs that enable threat 

11 detection, prevention, and response to ma12 licious foreign territorial cyber activity; 

13 ‘‘(xi) advise on efforts to build foreign 

14 capacity to protect the global network with 

15 the goal of enabling like-minded participa16 tion in deterrence frameworks; 

17 ‘‘(xii) promote the maintenance of an 

18 open and interoperable character of the 

19 internet with multi-stakeholder governance, 

20 instead of centralized government control; 

21 ‘‘(xiii) promote an international regu22 latory environment for technology invest23 ments and the internet that benefits 

24 United States economic and national secu25 rity interests; 


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1 ‘‘(xiv) promote cross-border flow of 

2 data and combat international initiatives 

3 which seek to impose restrictive localiza4 tion or privacy requirements on United 

5 States businesses; 

6 ‘‘(xv) protect the integrity of United 

7 States and international telecommuni8 cations infrastructure from foreign-based 

9 threats; 

10 ‘‘(xvi) serve as the interagency coordi11 nator for the United States Government on 

12 engagement with foreign governments on 

13 cyberspace and digital economy issues 

14 under this subsection; 

15 ‘‘(xvii) secure radio frequency spec16 trum for United States businesses and na17 tional security needs; 

18 ‘‘(xviii) promote and protect the exer19 cise of human rights, including freedom of 

20 speech and religion, through the internet; 

21 and 

22 ‘‘(xix) build capacity of United States 

23 diplomatic officials to engage on cyber 

24 issues. 


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1 ‘‘(3) QUALIFICATIONS.—The head of the Office 

2 should be an individual of demonstrated competency 

3 in the field of— 

4 ‘‘(A) cybersecurity and other relevant cyber 

5 issues; and 

6 ‘‘(B) international diplomacy. 

7 ‘‘(4) ORGANIZATIONAL PLACEMENT.—The head 

8 of the Office shall report to the Under Secretary for 

9 Political Affairs or other official holding a higher po10 sition than the Under Secretary for Political Affairs 

11 in the Department of State for a period of not less 

12 than four years after the date of enactment of this 

13 subsection, after which time the head of the Office 

14 shall report to an appropriate Under Secretary or 

15 other official holding a higher position than Under 

16 Secretary. 

17 ‘‘(5) RULE OF CONSTRUCTION.—Nothing in 

18 this subsection may be construed as precluding— 

19 ‘‘(A) the Office from being elevated to a 

20 Bureau of the Department of State; and 

21 ‘‘(B) the head of the Office from being ele22 vated to an Assistant Secretary, if such an As23 sistant Secretary position does not increase the 

24 number of Assistant Secretary positions at the 


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1 Department above the number authorized under 

2 subsection (c)(1).’’. 

3 (c) SENSE OF CONGRESS.—It is the sense of Con4 gress that the Office of Cyberspace and the Digital Econ5 omy established under section 1(g) of the State Depart6 ment Basic Authorities Act of 1956 (as amended by sub7 section (b) of this section) should be a Bureau of the De8 partment of State headed by an Assistant Secretary, sub9 ject to the rule of construction specified in paragraph 

10 (5)(B) of such section 1(g). 

11 SEC. 123. ENERGY DIPLOMACY AND SECURITY WITHIN THE 

12 DEPARTMENT OF STATE. 

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

14 State Department Basic Authorities Act of 1956 (22 

15 U.S.C. 2651a), as amended by section 108 of this Act, 

16 is further amended— 

17 (1) by redesignating paragraph (4) as para18 graph (5); and 

19 (2) by inserting after paragraph (3) the fol20 lowing new paragraph: 

21 ‘‘(4) ENERGY RESOURCES.— 

22 ‘‘(A) AUTHORIZATION FOR ASSISTANT SEC23 RETARY.—Subject to the numerical limitation 

24 specified in paragraph (1), there is authorized 

25 to be established in the Department of State an 


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1 Assistant Secretary of State for Energy Re2 sources. 

3 ‘‘(B) PERSONNEL.—The Secretary of 

4 State shall ensure that there are sufficient per5 sonnel dedicated to energy matters within the 

6 Department of State who shall be responsible 

7 for— 

8 ‘‘(i) formulating and implementing 

9 international policies aimed at protecting 

10 and advancing United States energy secu11 rity interests by effectively managing 

12 United States bilateral and multilateral re13 lations in the fields of petroleum, natural 

14 gas, biofuels, renewable energy, nuclear, 

15 and other energy resources; 

16 ‘‘(ii) ensuring that analyses of the na17 tional security implications of global en18 ergy and environmental developments are 

19 reflected in the decision making process 

20 within the Department of State; 

21 ‘‘(iii) incorporating energy security 

22 priorities into the activities of the Depart23 ment of State; 


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1 ‘‘(iv) coordinating energy activities of 

2 the Department of State with relevant 

3 Federal agencies; 

4 ‘‘(v) working internationally to— 

5 ‘‘(I) support the development of 

6 energy resources and the distribution 

7 of such resources for the benefit of 

8 the United States and United States 

9 allies and trading partners for their 

10 energy security and economic develop11 ment needs; 

12 ‘‘(II) promote availability of di13 versified energy supplies and a well14 functioning global market for energy 

15 resources, technologies, and expertise 

16 for the benefit of the United States 

17 and United States allies and trading 

18 partners; 

19 ‘‘(III) resolve international dis20 putes regarding the exploration, devel21 opment, production, or distribution of 

22 energy resources; 

23 ‘‘(IV) support the economic and 

24 commercial interests of United States 


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1 persons operating in the energy mar2 kets of foreign countries; and 

3 ‘‘(V) support and coordinate 

4 international efforts to alleviate en5 ergy poverty; 

6 ‘‘(vi) leading the United States com7 mitment to the Extractive Industries 

8 Transparency Initiative; 

9 ‘‘(vii) coordinating within the Depart10 ment of State and with relevant Federal 

11 departments and agencies on developing 

12 and implementing international energy-re13 lated sanctions; and 

14 ‘‘(viii) coordinating energy security 

15 and other relevant functions within the De16 partment of State currently undertaken 

17 by— 

18 ‘‘(I) the Bureau of Economic and 

19 Business Affairs of the Department of 

20 State; 

21 ‘‘(II) the Bureau of Oceans and 

22 International Environmental and Sci23 entific Affairs of the Department of 

24 State; and 


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1 ‘‘(III) other offices within the 

2 Department of State.’’. 

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

4 Energy Independence and Security Act of 2007 (42 

5 U.S.C. 17371) is amended— 

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

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

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

9 TITLE II—EMBASSY 

10 CONSTRUCTION 

11 SEC. 201. STANDARD DESIGN IN CAPITAL CONSTRUCTION. 

12 (a) SENSE OF CONGRESS.—It is the sense of Con13 gress that the Department’s Bureau of Overseas Building 

14 Operations (OBO) or successor office should give appro15 priate consideration to Standard Embassy Design, in 

16 which each new embassy and consulate starts with a 

17 standard design and keeps customization to a minimum. 

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

19 any new embassy compound or new consulate compound 

20 project that is in the design phase or pre-design phase as 

21 of the date of the enactment of this Act and that utilizes 

22 a non-standard design in consultation with the appropriate 

23 congressional committees. The Department shall provide 

24 the appropriate congressional committees, for each such 

25 project, the following 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 the project if it were to use a standard em4 bassy design. 

5 (2) A comparison of the estimated completion 

6 date of the project to the estimated completion date 

7 of the project if it were to use a standard embassy 

8 design. 

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

11 project if it were to use a standard embassy design. 

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

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

14 the 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) NON-STANDARD DESIGN DEFINED.—In this sec20 tion the term ‘‘non-standard design’’ means a new em21 bassy compound or new consulate compound design that 

22 does not utilize a standardized design template for the 

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1 pound project that does not utilize a design-build delivery 

2 method. 

3 SEC. 202. CAPITAL CONSTRUCTION TRANSPARENCY. 

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

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

6 is amended— 

7 (1) in the section heading, by striking ‘‘AN8 NUAL REPORT ON EMBASSY CONSTRUCTION

9 COSTS’’ and inserting ‘‘QUARTERLY REPORT ON

10 OVERSEAS CAPITAL CONSTRUCTION

11 PROJECTS’’; and 

12 (2) by striking subsections (a) and (b) and in13 serting the following new subsections: 

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

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

16 days thereafter, the Secretary shall submit to the appro17 priate congressional committees a comprehensive report 

18 regarding all ongoing overseas capital construction 

19 projects and major embassy security upgrade projects. 

20 ‘‘(b) CONTENTS.—Each report required under sub21 section (a) shall include the following with respect to each 

22 ongoing overseas capital construction project and major 

23 embassy security upgrade project: 

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

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1 tenance funds required by the Committees on Appro2 priations for Acts making appropriations for the De3 partment of State, foreign operations, and related 

4 programs. 

5 ‘‘(2) The current cost estimate. 

6 ‘‘(3) The value of each request for equitable ad7 justment received by the Department of State to 

8 date. 

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

10 by the Department of State to date. 

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

12 contingency fund to date and the value of the re13 mainder of the project’s contingency fund. 

14 ‘‘(6) An enumerated list of each request for ad15 justment and certified claim that remains out16 standing or unresolved. 

17 ‘‘(7) An enumerated list of each request for eq18 uitable adjustment and certified claim that has been 

19 fully adjudicated or that the Department has settled, 

20 and the final dollar amount of each adjudication or 

21 settlement. 

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

23 in the proposed allocation of capital construction 

24 and maintenance funds required by the Committees 

25 on Appropriations not later than 45 days after the 


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1 date of the enactment of an Act making appropria2 tions for the Department of State, foreign oper3 ations, and related programs. 

4 ‘‘(9) The current date of estimated comple5 tion.’’. 

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

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

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

9 this section) shall include an annex regarding all overseas 

10 capital construction projects and major embassy security 

11 upgrade projects completed during the 10-year period end12 ing on December 31, 2018, including, for each such 

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

14 section 118. 

15 SEC. 203. CONTRACTOR PERFORMANCE INFORMATION. 

16 (a) DEADLINE FOR COMPLETION.—The Secretary 

17 shall complete all contractor performance evaluations re18 quired by subpart 42.15 of the Federal Acquisition Regu19 lation by October 1, 2020. 

20 (b) PRIORITIZATION SYSTEM.— 

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

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

23 shall develop a prioritization system for clearing the 

24 current backlog of required evaluations. 


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1 (2) ELEMENTS.—The system required under 

2 paragraph (1) should prioritize the evaluations as 

3 follows: 

4 (A) Project completion evaluations should 

5 be prioritized over annual evaluations. 

6 (B) Evaluations for relatively large con7 tracts should have priority. 

8 (C) Evaluations that would be particularly 

9 informative for the awarding of government 

10 contracts should have priority. 

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

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

13 appropriate congressional committees on the Depart14 ment’s plan for completing all evaluations by October 1, 

15 2020, and the prioritization system developed pursuant to 

16 this section. 

17 (d) SENSE OF CONGRESS.—It is the sense of Con18 gress that— 

19 (1) contractors deciding whether to bid on De20 partment contracts would benefit from greater un21 derstanding of the Department as a client; and 

22 (2) the Department should develop a forum 

23 where contractors can rate the Department’s project 

24 management performance. 


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1 SEC. 204. GROWTH PROJECTIONS FOR NEW EMBASSIES 

2 AND CONSULATES. 

3 (a) IN GENERAL.—For each new embassy compound 

4 (NEC) and new consulate compound project (NCC) in or 

5 not yet in the design phase as of the date of the enactment 

6 of this Act, the Office of Management Policy, Rightsizing, 

7 and Innovation of the Department shall project growth 

8 over the estimated life of the facility using all available 

9 and relevant data, including— 

10 (1) relevant historical trends for Department 

11 personnel and personnel from other agencies rep12 resented at the NEC or NCC that is to be con13 structed; 

14 (2) an analysis of the tradeoffs between risk 

15 and the needs of United States Government policy 

16 conducted as part of the most recent Vital Presence 

17 Validation Process, if applicable; 

18 (3) reasonable assumptions about the strategic 

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

20 over the life of the building at issue; and 

21 (4) any other data that would be helpful in pro22 jecting the future growth of NEC or NCC. 

23 (b) OTHER AGENCIES.—Other agencies represented 

24 at the post shall provide to the Department, upon request, 

25 growth projections for their own personnel over the esti26 mated life of the facility. 


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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. 205. 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 6-year Long-Range 

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

18 program for the replacement of overseas diplo19 matic facilities taking into account security fac20 tors under the Secure Embassy Construction 

21 and Counterterrorism Act of 1999 and other 

22 relevant statutes and regulations, as well as oc23 cupational 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 6-year plan detailing 

5 the Department’s long-term planning for the 

6 maintenance and sustainment of completed fa7 cilities, known as a Long-Range Overseas Main8 tenance Plan (LROMP), which takes into ac9 count 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 the plans developed pursuant to paragraph 

19 (1) shall highlight any changes from the previous 

20 year’s plan to the ordering of construction and 

21 maintenance projects. 

22 (b) REPORTING REQUIREMENTS.— 

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

24 later than 60 days after the completion of the 

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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), the 

9 plans outlined in the LROBP and LROMP shall be 

10 referenced to justify funding requested for building 

11 and maintenance projects overseas. 

12 (3) FORM OF REPORT.—The report required 

13 under paragraph (1) shall be submitted in unclassi14 fied form but may include a classified annex. 

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

16 section, the term ‘‘small diplomatic post’’ means any con17 sulate that has employed five or fewer United States Gov18 ernment employees on average over the 36 months prior 

19 to the date of the enactment of this Act. 

20 SEC. 206. VALUE ENGINEERING AND RISK ASSESSMENT. 

21 (a) FINDINGS.—Congress makes the following find22 ings: 

23 (1) Federal departments and agencies are re24 quired to use value engineering (VE) as a manage25 ment tool, where appropriate, to reduce program and 


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1 acquisition costs pursuant to OMB Circular A–131, 

2 Value Engineering, dated December 31, 2013. 

3 (2) OBO has a Policy Directive and Standard 

4 Operation Procedure, dated May 24, 2017, on con5 ducting risk management studies on all international 

6 construction projects. 

7 (b) NOTIFICATION REQUIREMENTS.— 

8 (1) SUBMISSION TO AUTHORIZING COMMIT9 TEES.—The proposed allocation of capital construc10 tion and maintenance funds that is required by the 

11 Committees on Appropriations not later than 45 

12 days after the date of the enactment of an Act mak13 ing appropriations for the Department of State, for14 eign operations, and related programs shall also be 

15 submitted to the Committee on Foreign Relations of 

16 the Senate and the Committee on Foreign Affairs of 

17 the House of Representatives. 

18 (2) REQUIREMENT TO CONFIRM COMPLETION

19 OF VALUE ENGINEERING AND RISK ASSESSMENT

20 STUDIES.—The notifications required under para21 graph (1) shall include confirmation that the De22 partment has completed the requisite VE and risk 

23 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 recommendation from 

5 each study described in subsection (a) and a table 

6 detailing which recommendations were accepted and 

7 which were rejected; and 

8 (2) a report or briefing detailing the rationale 

9 for not implementing recommendations made by VE 

10 studies that may yield significant cost savings to the 

11 Department, if implemented. 

12 SEC. 207. 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. 208. 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— 

23 (1) requests made over the previous year by 

24 United States diplomatic posts abroad for security 

25 upgrades; and 


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1 (2) significant security deficiencies at United 

2 States diplomatic posts abroad that are not oper3 ating out of a new embassy compound or new con4 sulate compound. 

5 SEC. 209. OVERSEAS SECURITY BRIEFINGS. 

6 Not later than 90 days after the date of the enact7 ment of this Act, the Secretary shall revise the Foreign 

8 Affairs Manual to stipulate that the Bureau of Diplomatic 

9 Security of the Department shall provide a security brief10 ing or written materials with up-to-date information on 

11 the current threat environment in writing or orally to all 

12 United States Government employees traveling to a for13 eign country on official business. To the extent prac14 ticable, such briefing or written materials shall be provided 

15 to traveling Department employees via teleconference 

16 prior to their arrival at a post. 

17 TITLE III—PERSONNEL ISSUES 

18 SEC. 301. SPECIAL APPOINTMENTS. 

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

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

21 shall submit to the appropriate congressional committees 

22 a report including— 

23 (1) recommendations regarding whether to 

24 maintain in the Department each currently existing 

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1 dinator, Special Negotiator, Envoy, Representative, 

2 Coordinator, or Special Advisor, including those list3 ed in the report submitted by the Secretary to the 

4 Committee on Foreign Relations of the Senate on 

5 April 14, 2017, pursuant to section 418 of the De6 partment of State Authorities Act, Fiscal Year 2017 

7 (Public Law 114–323), that is not expressly author8 ized by a provision of law enacted by Congress; and 

9 (2) the justification supporting each of the Sec10 retary’s recommendations made under paragraph 

11 (1). 

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

13 after the report required by subsection (a) is submitted 

14 to the appropriate congressional committees, the President 

15 shall present each Special Envoy, Special Representative, 

16 Special Coordinator, Special Negotiator, Envoy, Rep17 resentative, Coordinator, Special Advisor, or other similar 

18 position at the Department exercising significant author19 ity pursuant to the laws of the United States and that 

20 is not expressly authorized by a provision of law enacted 

21 by Congress to the Committee on Foreign Relations of the 

22 Senate for the advice and consent of the Senate. 

23 (c) RULE OF CONSTRUCTION REGARDING ESTAB24 LISHMENT OF POSITIONS.—Nothing in this section may 

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1 nance of any Special Envoy, Special Representative, Spe2 cial Coordinator, Special Negotiator, Envoy, Representa3 tive, Coordinator, Special Advisor, or other similar posi4 tion at the Department exercising significant authority 

5 pursuant to the laws of the United States if any such ap6 pointee is presented to the Committee on Foreign Rela7 tions of the Senate for the advice and consent of the Sen8 ate not later than 90 days after the appointment of such 

9 appointee. 

10 (d) LIMITED EXCEPTION FOR THE TEMPORARY AP11 POINTMENT.—The Secretary may maintain or establish a 

12 position with the title Special Envoy, Special Representa13 tive, Special Coordinator, Special Negotiator, Special Ad14 visor, or other similar position for a limited period of not 

15 longer than 180 days if the Secretary notifies the appro16 priate congressional committees at least 15 days prior to 

17 appointment, including— 

18 (1) a certification that the position is not ex19 pected to demand the exercise of significant author20 ity pursuant to the laws of the United States; 

21 (2) a description of the duties and purpose of 

22 the appointment; and 

23 (3) the rationale for assigning the specific title. 

24 (e) RENEWAL OF TEMPORARY APPOINTMENT.— 

25 Nothing in this section may be construed as prohibiting 


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1 the Secretary from renewing any position established 

2 under subsection (d) so long as the Secretary complies 

3 with the notification requirements contained therein. 

4 (f) FUNDING RESTRICTIONS.— 

5 (1) POSITIONS NOT PRESENTED FOR ADVICE

6 AND CONSENT.—No funds are authorized to be ap7 propriated for— 

8 (A) any Special Envoy, Special Represent9 ative, Special Coordinator, Special Negotiator, 

10 Envoy, Representative, Coordinator, Special 

11 Advisor, or other similar position at the Depart12 ment exercising significant authority pursuant 

13 to the laws of the United States who has not 

14 been presented to the Committee on Foreign 

15 Relations for the advice and consent of the Sen16 ate pursuant to subsection (b); or 

17 (B) any staff or resources related to such 

18 a position until such time as the appointed indi19 vidual has been presented to the Committee on 

20 Foreign Relations for the advice and consent of 

21 the Senate. 

22 (2) TEMPORARY POSITIONS.—No funds are au23 thorized to be appropriated for any position de24 scribed in subsection (d) or for any staff or re25 sources related to such position unless the Secretary 


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1 has complied with the notification provisions con2 tained therein. 

3 (3) FISCAL YEAR 2018.—The restrictions de4 scribed in this subsection shall not apply in fiscal 

5 year 2018 to positions or associated staff and re6 sources for which funding is expressly provided in an 

7 Act making appropriations for the Department of 

8 State, foreign operations, and related programs for 

9 such fiscal year. 

10 (g) CONFIRMATION FOR AUTHORIZED POSITIONS.— 

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

12 Representative, Special Coordinator, Special Nego13 tiator, Envoy, Representative, Coordinator, Special 

14 Advisor, or other similar position at the Department 

15 exercising significant authority pursuant to the laws 

16 of the United States that is authorized by a provi17 sion of law enacted by Congress (except the position 

18 authorized by section 621 of the Tibetan Policy Act 

19 of 2002 (subtitle B of title VI of Public Law 107– 

20 228; 22 U.S.C. 6901 note)) may be appointed ab21 sent the advice and consent of the Senate. 

22 (2) FISCAL YEAR 2018.—The restriction de23 scribed in this subsection shall not apply in fiscal 

24 year 2018 to positions or associated staff and re25 sources for which funding is expressly provided in an 


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1 Act making appropriations for the Department of 

2 State, foreign operations, and related programs for 

3 such fiscal year. 

4 (h) ELIMINATION OF POSITIONS.— 

5 (1) SPECIAL REPRESENTATIVE AND POLICY CO6 ORDINATOR FOR BURMA.— 

7 (A) FINDINGS.—Congress finds the fol8 lowing: 

9 (i) Congress established the Special 

10 Representative and Policy Coordinator for 

11 Burma in July 2008 at a time when the 

12 United States did not maintain full diplo13 matic relations with Burma and had not 

14 appointed an Ambassador to Burma in 18 

15 years. 

16 (ii) In 2012, the United States re-es17 tablished full diplomatic relations with 

18 Burma and appointed a United States Am19 bassador to Burma who, along with the 

20 Secretary of State, Assistant Secretary of 

21 State for East Asia and the Pacific, and 

22 other United States Government officials, 

23 represents the United States interests in 

24 Burma. 


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1 (B) REPEAL.—Section 7 of the Tom Lan2 tos Block Burmese Jade Act of 2008 (Public 

3 Law 110–286; 50 U.S.C. 1701 note; relating to 

4 the establishment of a Special Representative 

5 and Policy Coordinator for Burma) is hereby 

6 repealed. 

7 (2) COORDINATOR FOR AFGHANISTAN ASSIST8 ANCE.—Section 104 of the Afghanistan Freedom 

9 Support Act of 2002 (22 U.S.C. 7514; Public Law 

10 107–327) is amended— 

11 (A) by repealing subsections (a) and (b); 

12 (B) by redesignating subsections (c) and 

13 (d) as subsections (a) and (b), respectively; 

14 (C) in subsection (a), as so redesignated, 

15 in paragraph (1), by striking ‘‘coordinator des16 ignated under subsection (a) of this section’’ 

17 and inserting ‘‘Secretary of State’’; and 

18 (D) in subsection (b), as so redesignated— 

19 (i) in paragraph (1), by striking ‘‘co20 ordinator designated under subsection (a) 

21 of this section’’ and inserting ‘‘Secretary of 

22 State’’; and 

23 (ii) in paragraph (2), by striking ‘‘co24 ordinator designated under subsection (a) 

25 of this section, under the direction of the 


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1 Secretary of State,’’ and inserting ‘‘Sec2 retary of State’’. 

3 SEC. 302. DEFENSE BASE ACT INSURANCE WAIVERS. 

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

5 days after the date of the enactment of this Act, the Sec6 retary shall apply to the Department of Labor for a waiver 

7 from insurance requirements under the Defense Base Act 

8 (42 U.S.C. 1651 et seq.) for all countries with respect to 

9 which the requirement was waived prior to January 2017, 

10 and for which there is not currently a waiver. 

11 (b) CERTIFICATION REQUIREMENT.—Not later than 

12 45 days after the date of the enactment of this Act, the 

13 Secretary shall certify to the appropriate congressional 

14 committees that the requirement in subsection (a) has 

15 been met. 

16 SEC. 303. STUDY ON FOREIGN SERVICE ALLOWANCES. 

17 (a) REPORT REQUIRED.— 

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

19 after date of the enactment of this Act, and subject 

20 to paragraph (2), the Secretary shall submit to the 

21 appropriate congressional committees a report de22 tailing an empirical analysis on the effect of overseas 

23 allowances on the foreign assignment of Foreign 

24 Service officers (FSOs), to be conducted by a feder25 ally-funded research and development center with 


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1 appropriate expertise in labor economics and mili2 tary compensation. 

3 (2) CONTENTS.—The analysis required under 

4 paragraph (1) shall— 

5 (A) identify all allowances paid to FSOs 

6 living at diplomatic posts overseas; 

7 (B) examine the efficiency of the Foreign 

8 Service bidding system in determining foreign 

9 assignments; 

10 (C) examine the factors that incentivize 

11 FSOs to bid on particular assignments, includ12 ing danger levels and hardship conditions; 

13 (D) examine the Department’s strategy 

14 and process for incentivizing FSOs to bid on 

15 assignments that are historically in lower de16 mand, including with monetary compensation, 

17 and whether monetary compensation is nec18 essary for assignments in higher demand; 

19 (E) make any relevant comparisons to 

20 military compensation and allowances; 

21 (F) recommend options for restructuring 

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1 cluding any cost savings associated with such 

2 restructuring; 

3 (G) recommend any statutory changes nec4 essary to implement paragraph (6), such as 

5 consolidating existing legal authorities for the 

6 provision of hardship and danger pay; and 

7 (H) detail any effects of recommendations 

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

9 on other United States Government depart10 ments and agencies with civilian employees as11 signed to diplomatic posts, following consulta12 tion with such departments and agencies. 

13 (b) BRIEFING REQUIREMENT.—Before initiating the 

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

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

16 the Secretary shall provide to the Committee on Foreign 

17 Relations of the Senate and the Committee on Foreign 

18 Affairs in the House of Representatives a briefing on the 

19 implementation of this section that includes— 

20 (1) the name of the federally-funded research 

21 and development center that will conduct such anal22 ysis; and 

23 (2) the scope of such analysis and terms of ref24 erence for such analysis as specified between the DeVerDate Sep 11 2014 04:49 May 01, 2018 Jkt 079200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H5592.IH H5592

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1 partment and such federally-funded research and de2 velopment center. 

3 (c) AVAILABILITY OF INFORMATION.— 

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

5 available to the federally-funded research and devel6 opment center carrying out the analysis required 

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

8 information to allow such center to conduct such 

9 analysis in a quantitative and analytical manner, in10 cluding historical data on the number of bids for 

11 each foreign assignment and any survey data col12 lected by the Department from eligible bidders on 

13 their bid decision-making. 

14 (2) COOPERATION.—The Secretary shall work 

15 with the heads of other relevant United States Gov16 ernment departments and agencies to ensure such 

17 departments and agencies provide all necessary and 

18 relevant information to the federally-funded research 

19 and development center carrying out the analysis re20 quired under subsection (a)(1). 

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

22 shall require that the chief executive officer of the feder23 ally-funded research and development center that carries 

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

25 to the Committee on Foreign Relations of the Senate and 


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1 the Committee on Foreign Affairs of the House of Rep2 resentatives an interim report on such analysis not later 

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

4 SEC. 304. SCIENCE AND TECHNOLOGY FELLOWSHIPS. 

5 Section 504 of the Foreign Relations Authorization 

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

7 adding at the end the following new subsection: 

8 ‘‘(e) GRANTS AND COOPERATIVE AGREEMENTS RE9 LATED TO SCIENCE AND TECHNOLOGY FELLOWSHIP

10 PROGRAMS.— 

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

12 to make grants or enter into cooperative agreements 

13 related to Department of State science and tech14 nology fellowship programs, including, for assistance 

15 in recruiting fellows and the payment of stipends, 

16 travel, and other appropriate expenses to fellows. 

17 ‘‘(2) EXCLUSION FROM CONSIDERATION AS

18 COMPENSATION.—Stipends shall not be considered 

19 compensation for purposes of section 209 of title 18, 

20 United States Code (18 U.S.C. 209). 

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

22 amount of grants made pursuant to this subsection 

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


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1 SEC. 305. TRAVEL FOR SEPARATED FAMILIES. 

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

3 (22 U.S.C. 4081(15)) is amended— 

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

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

6 below age 21 of a member of the Service assigned 

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

8 children below age 21 of a member of the Service as9 signed abroad, 1 round-trip per year’’; 

10 (2) in subparagraph (A)— 

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

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

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

14 comma; 

15 (3) in subparagraph (B)— 

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

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

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

19 (4) by inserting after subparagraph (B) the fol20 lowing new subparagraph: 

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

22 the child or children abroad if the child or chil23 dren do not regularly reside with that parent 

24 and that parent is not receiving an education 

25 allowance or educational travel allowance for 


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

2 title 5,’’; and 

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

4 as added by paragraph (4) of this section, by strik5 ing ‘‘a payment’’ and inserting ‘‘the cost of a round6 trip’’. 

7 SEC. 306. HOME LEAVE TRAVEL FOR SEPARATED FAMILIES. 

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

9 (22 U.S.C. 4083(b)) is amended by adding at the end the 

10 following new sentence: ‘‘In cases in which the member’s 

11 family members reside apart from the member at author12 ized locations outside the United States because they are 

13 prevented by official order from residing with the member 

14 at post, the member may take the leave ordered under this 

15 section where that member’s family members reside, not16 withstanding section 6305 of title 5, United States Code.’’. 

17 SEC. 307. SENSE OF CONGRESS REGARDING CERTAIN FEL18 LOWSHIP PROGRAMS. 

19 It is the sense of Congress that— 

20 (1) Department fellowships that promote the 

21 employment of candidates belonging to under-rep22 resented groups, including the Charles B. Rangel 

23 International Affairs Graduate Fellowship Program, 

24 the Thomas R. Pickering Foreign Affairs Fellowship 

25 Program, and the Donald M. Payne International 


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1 Development Fellowship Program, represent smart 

2 investments vital for building a strong, capable, and 

3 representative national security workforce; and 

4 (2) the Secretary of State and the Adminis5 trator of the United States Agency for International 

6 Development should fulfill their obligations to each 

7 participant in the Fellowship Programs referred to 

8 in paragraph (1), as specified in the original con9 tractual agreements with each such participant. 

10 SEC. 308. TECHNICAL CORRECTION. 

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

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

13 by striking ‘‘individual’’ and inserting ‘‘Foreign Service of14 ficer, appointed under section 302(a)(1), who has general 

15 responsibility for carrying out the functions of the Serv16 ice’’. 

17 SEC. 309. FOREIGN SERVICE AWARDS. 

18 (a) IN GENERAL.—Section 614 of the Foreign Serv19 ice Act of 1980 (22 U.S.C. 4013) is amended— 

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

21 follows: ‘‘DEPARTMENT AWARDS’’; and 

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

23 Service’’ after ‘‘the Service’’. 


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1 (b) CONFORMING AMENDMENT.—The item relating 

2 to section 614 in the table of contents of the Foreign Serv3 ice Act of 1980 is amended to read as follows: 

‘‘Sec. 614. Department awards.’’. 

4 SEC. 310. DIPLOMATIC AND CONSULAR PROGRAMS. 

5 (a) AUTHORIZATION OF APPROPRIATIONS.—For 

6 ‘‘Diplomatic and Consular Programs’’, there is authorized 

7 to be appropriated $8,720,411,000 for fiscal year 2019. 

8 (b) SENSE OF CONGRESS ON WORKFORCE RECRUIT9 MENT.—It is the sense of Congress that the Secretary 

10 should continue to hold entry-level classes for Foreign 

11 Service officers and specialists and continue to recruit civil 

12 servants through programs such as the Presidential Man13 agement Fellows Program and Pathways Internship Pro14 grams in a manner and at a frequency consistent with 

15 prior years and consistent with the need to maintain a 

16 pool of experienced personnel effectively distributed across 

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

18 that absent continuous recruitment and training of For19 eign Service officers and civil servants, the Department 

20 will lack experienced, qualified personnel in the short, me21 dium, and long term. 

22 (c) LIMITATION.—The Secretary may not use any 

23 amounts made available pursuant to the authorization of 

24 appropriations under subsection (a) for any reduction-in25 force action under section 3502 or 3595 of title 5, United 


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1 States Code, or for any incentive payments for early sepa2 ration or retirement under any other provision of law un3 less— 

4 (1) the appropriate congressional committees 

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

6 obligation or expenditure; and 

7 (2) the Secretary has provided to the appro8 priate congressional committees a detailed report 

9 that describes the Department’s strategic staffing 

10 plan, including— 

11 (A) a justification that describes how any 

12 proposed workforce reduction enhances the ef13 fectiveness of the Department; 

14 (B) a certification that such workforce re15 duction is in the national interest of the United 

16 States; 

17 (C) a comprehensive strategic staffing plan 

18 for the Department, including five-year work19 force forecasting and a description of the antici20 pated impact of any proposed workforce reduc21 tion; and 

22 (D) a dataset displaying comprehensive 

23 workforce data for all current and planned em24 ployees of the Department, disaggregated by— 


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1 (i) Foreign Service officer and For2 eign Service specialist rank; 

3 (ii) civil service job skill code, grade 

4 level, and bureau of assignment; 

5 (iii) contracted employees, including 

6 the equivalent job skill code and bureau of 

7 assignment; and 

8 (iv) employees hired under schedule C 

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

10 of Federal Regulations, including their 

11 equivalent grade and job skill code and bu12 reau of assignment. 

13 TITLE IV—DIVERSITY AND 

14 VETERAN RECRUITMENT 

15 SEC. 401. DEFINITIONS. 

16 In this title: 

17 (1) APPLICANT FLOW DATA.—The term ‘‘appli18 cant flow data’’ means data that tracks the rate of 

19 applications for job positions among demographic 

20 categories. 

21 (2) DEMOGRAPHIC DATA.—The term ‘‘demo22 graphic data’’ means facts or statistics relating to 

23 the demographic categories specified in the Office of 

24 Management and Budget statistical policy directive 

25 entitled ‘‘Standards for Maintaining, Collecting, and 


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1 Presenting Federal Data on Race and Ethnicity’’ 

2 (81 Fed. Reg. 67398). 

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

4 (A) those classes of persons protected 

5 under the Civil Rights Act of 1964 (42 U.S.C. 

6 2000a et seq.) and the Americans with Disabil7 ities Act of 1990 (42 U.S.C. 12101 et seq.); 

8 and 

9 (B) veterans (as defined in section 3.1(d) 

10 of title 38, Code of Federal Regulations). 

11 (4) FOREIGN SERVICE.—The term ‘‘Foreign 

12 Service’’ has the meaning given that term in section 

13 102 of the Foreign Service Act of 1980 (22 U.S.C. 

14 3902). 

15 (5) WORKFORCE.—The term ‘‘workforce’’ 

16 means all individuals serving in a position in the 

17 civil service (as defined in section 2101 of title 5, 

18 United States Code). 

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

20 WORKFORCE DATA. 

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

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

23 provide a report to the public that includes disaggregated 

24 demographic data and other information regarding the di25 versity of the workforce of the Department. 


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1 (b) DATA.—The report under subsection (a)— 

2 (1) shall include disaggregated demographic 

3 data— 

4 (A) for applicants to the Foreign Service; 

5 (B) for applicants to the civil service; 

6 (C) by segment of the workforce of the De7 partment and grade or rank; 

8 (D) by Foreign Service and civil service; 

9 (E) for those who have separated from the 

10 Department’s workforce; 

11 (F) for those members of the workforce 

12 who have received a promotion in the last 24 

13 months; 

14 (G) that addresses Department compliance 

15 with diversity and inclusion metrics; 

16 (H) for those members of the workforce 

17 serving on selection boards; 

18 (I) on the employment of veterans within 

19 the workforce, including— 

20 (i) the number hired through direct 

21 hires, internships, and fellowship pro22 grams; 

23 (ii) the number promoted to the Sen24 ior Executive Service or in the Senior For25 eign Service; and 


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1 (iii) attrition rates by grade, in the 

2 civil service and foreign service, and in the 

3 senior positions described in clause (ii); 

4 and 

5 (J) for mentorship and retention pro6 grams; 

7 (2) shall include any disaggregated demo8 graphic data relating to participants in professional 

9 development programs of the Department, and the 

10 rate of placement into senior positions for partici11 pants in such programs; 

12 (3) shall include any disaggregated demo13 graphic data relating to the membership of any ex14 ternal advisory committee or board to which individ15 uals in senior positions in the Department appoint 

16 members; 

17 (4) shall be organized in terms of real numbers 

18 and percentages at all levels; and 

19 (5) should be made available in a searchable 

20 database format. 

21 (c) RECOMMENDATION.—The Secretary may submit 

22 a recommendation to the Office of Management and 

23 Budget and to the appropriate congressional committees 

24 regarding whether the Department should collect more de25 tailed data on demographic categories in addition to the 


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1 race and ethnicity categories specified in the Office of 

2 Management and Budget statistical policy directive enti3 tled ‘‘Standards for Maintaining, Collecting, and Pre4 senting Federal Data on Race and Ethnicity’’ (81 Fed. 

5 Reg. 67398). 

6 (d) OTHER CONTENTS.—The report under sub7 section (a) shall describe the efforts of the Department— 

8 (1) to propagate fairness, impartiality, and in9 clusion in the work environment domestically and 

10 abroad; 

11 (2) to ensure that harassment, intolerance, and 

12 discrimination are not tolerated; 

13 (3) to refrain from engaging in unlawful dis14 crimination in any phase of the employment process, 

15 including recruitment, hiring, evaluation, assign16 ments, promotion, retention, and training; 

17 (4) to prevent illegal retaliation against employ18 ees for participating in a protected equal employ19 ment opportunity activity; 

20 (5) to provide reasonable accommodation for 

21 qualified employees and applicants with disabilities; 

22 (6) to recruit a diverse workforce by— 

23 (A) recruiting women, minorities, veterans, 

24 and undergraduate and graduate students; 


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1 (B) recruiting at historically Black colleges 

2 and universities, Hispanic serving institutions, 

3 women’s colleges, and colleges that typically 

4 serve majority minority populations; 

5 (C) sponsoring and recruiting at job fairs 

6 in urban and rural communities; 

7 (D) placing job advertisements in news8 papers, magazines, and job sites oriented to9 ward women and people of color; 

10 (E) providing opportunities through the 

11 Foreign Service Internship Program and other 

12 hiring initiatives; 

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

14 professionals through programs designed to in15 crease minority and veteran representation in 

16 international affairs; and 

17 (G) offering the Foreign Service written 

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

20 the burden of applicants having to travel at 

21 their own expense to take either or both of such 

22 examinations; and 

23 (7) provide opportunities through— 

24 (A) the Charles B. Rangel International 

25 Affairs Fellowship Program; 


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1 (B) the Thomas R. Pickering Foreign Af2 fairs Fellowship Program; and 

3 (C) the Donald M. Payne International 

4 Development Fellowship Program. 

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

6 after the publication of the report under subsection (a) 

7 and annually thereafter for the next five years, the Sec8 retary shall provide a report to the public and which shall 

9 be made available online, which may be included in an10 other annual report required under another provision of 

11 law, that includes— 

12 (1) disaggregated demographic data relating to 

13 the workforce and information on the status of di14 versity and inclusion efforts of the Department; 

15 (2) an analysis of applicant flow data; 

16 (3) disaggregated demographic data relating to 

17 participants in professional development programs of 

18 the Department and the rate of placement into sen19 ior positions for participants in such programs; and 

20 (4) data related to the employment of minority 

21 and service-disabled veterans. 

22 SEC. 403. EXIT INTERVIEWS OR SURVEYS. 

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

24 the Foreign Service should conduct periodic interviews or 


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1 surveys with a representative and diverse cross-section of 

2 the workforce of the Department— 

3 (1) to understand the reasons of the members 

4 for remaining in a position in the Department; and 

5 (2) to receive feedback on workplace policies, 

6 professional development opportunities, and other 

7 issues affecting the decision of the members to re8 main in the Department. 

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

10 the Foreign Service shall provide an opportunity for an 

11 exit interview or survey to each member of the workforce 

12 of the Department who separates from service with the 

13 Department to better understand the member’s reasons 

14 for leaving such service. 

15 (c) USE OF ANALYSIS FROM INTERVIEWS AND SUR16 VEYS.—The Director General of the Foreign Service shall 

17 analyze demographic data and other information obtained 

18 through interviews and surveys under subsections (a) and 

19 (b) to determine— 

20 (1) if and how the diversity of those partici21 pating in such interviews and surveys impacts the 

22 results; and 

23 (2) whether to implement any policy changes or 

24 make any recommendations as part of the reports 

25 required under subsection (a) and (e) of section 402. 


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

2 (1) track demographic data relating to partici3 pants in professional development programs and the 

4 rate of placement into senior positions for partici5 pants in such programs; 

6 (2) annually evaluate such data— 

7 (A) to identify ways to improve outreach 

8 and recruitment for such programs, consistent 

9 with merit system principles; and 

10 (B) to understand how participation in any 

11 program offered or sponsored by the Depart12 ment under paragraph (1) differs among the 

13 demographic categories of the workforce; and 

14 (3) actively encourage participation from a 

15 range of demographic categories, especially from cat16 egories with consistently low participation. 

17 SEC. 404. RECRUITMENT. 

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

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

20 of applicants; and 

21 (2) instruct the Director of Human Resources 

22 to have a diversity recruitment plan of action, which 

23 should include outreach at appropriate colleges, uni24 versities, diversity organizations, and professional 

25 associations. 


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

3 (1) recruiting at historically Black colleges and 

4 universities, Hispanic-serving institutions, women’s 

5 colleges, and colleges that typically serve majority 

6 minority populations, and engaging with affinity 

7 groups at colleges and universities; 

8 (2) sponsoring and recruiting at job fairs in 

9 urban and rural communities; 

10 (3) placing job advertisements in newspapers, 

11 magazines, and job sites oriented toward diverse 

12 groups; 

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

15 focus on diversity recruitment and retention; and 

16 (5) cultivating partnerships with organizations 

17 dedicated to the advancement of the profession of 

18 international affairs and national security to advance 

19 shared diversity goals. 

20 SEC. 405. VETERAN RECRUITMENT FOR THE FOREIGN 

21 SERVICE. 

22 (a) SENSE OF CONGRESS.—It is the sense of Con23 gress that the Department should offer both the Foreign 

24 Service written examination and oral assessment in di25 verse locations throughout the United States, in addition 


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1 to the District of Columbia and San Francisco. Doing so 

2 would ease the financial burden on potential candidates 

3 who do not currently reside in and must travel at their 

4 own expense to these two cities, particularly veterans and 

5 military members transitioning to civilian life. 

6 (b) FOREIGN SERVICE EXAMINATIONS.—Subsection 

7 (b) of section 301 of the Foreign Service Act of 1980 (22 

8 U.S.C. 3941) is amended— 

9 (1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’; 

10 and 

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

12 paragraph: 

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

14 Examiners for the Foreign Service shall offer the oral as15 sessment examinations described in paragraph (1) in at 

16 least three of the time zones in the United States in a 

17 calendar year to facilitate the participation and examina18 tion of a more diverse array of candidates.’’. 

19 SEC. 406. PAYNE FELLOWSHIP AUTHORIZATION. 

20 (a) IN GENERAL.—Undergraduate and graduate 

21 components of the Donald M. Payne International Devel22 opment Fellowship Program may conduct outreach to at23 tract outstanding students with an interest in pursuing 

24 a Foreign Service career who represent diverse ethnic and 

25 socioeconomic backgrounds. 


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

2 shall review past programs designed to increase minority 

3 representation in international affairs positions. 

4 SEC. 407. VOLUNTARY PARTICIPATION. 

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

6 construed so as to compel any employee to participate in 

7 the collection of the data or divulge any personal informa8 tion. Department employees shall be informed that their 

9 participation in the data collection contemplated by this 

10 title is voluntary. 

11 (b) PRIVACY PROTECTION.—Any data collected 

12 under this title shall be subject to the relevant privacy pro13 tection statutes and regulations applicable to Federal em14 ployees. 

15 TITLE V—INFORMATION 

16 SECURITY 

17 SEC. 501. DEFINITIONS. 

18 In this title: 

19 (1) INFORMATION SYSTEM.—The term ‘‘infor20 mation system’’ has the meaning given such term in 

21 section 3502 of title 44, United States Code. 

22 (2) INTELLIGENCE COMMUNITY.—The term 

23 ‘‘intelligence community’’ has the meaning given 

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

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


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1 (3) RELEVANT CONGRESSIONAL COMMIT2 TEES.—The term ‘‘relevant congressional commit3 tees’’ means— 

4 (A) the appropriate congressional commit5 tees; 

6 (B) the Select Committee on Intelligence 

7 of the Senate; and 

8 (C) the Permanent Select Committee on 

9 Intelligence of the House of Representatives. 

10 (4) SECURITY VIOLATION.—The term ‘‘security 

11 violation’’ means any knowing, willful, or neg12 ligent— 

13 (A) disclosure to unauthorized persons of 

14 information properly classified; 

15 (B) improper classification or continued 

16 classification of information; or 

17 (C) improper creation or continuation of a 

18 special access program. 

19 (5) SPILLAGE.—The term ‘‘spillage’’ means a 

20 security incident that occurs whenever classified 

21 data is disclosed in an unauthorized manner, includ22 ing the transfer either onto an unclassified informa23 tion system or to an information system with a lower 

24 level of classification. 


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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 that 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 agency other than 

2 the Department, such as the Department of Homeland Se3 curity or the National Security Agency, to ensure that 

4 adequate policies and protections are implemented to de5 tect and prevent penetrations or compromises of such in6 formation systems, including malicious intrusions by any 

7 unauthorized individual, state actor, or other entity. 

8 (d) WAIVER.—The Secretary may waive the require9 ment under subsection (c) for up to 180 days if the Sec10 retary— 

11 (1) determines that such requirement would 

12 have adverse effects on national security or the dip13 lomatic mission of the Department; and 

14 (2) not later than 30 days after the commence15 ment of such a waiver, submits a written justifica16 tion to the relevant congressional committees that 

17 describes how such penetration tests would under18 mine national security or the diplomatic mission of 

19 the Department. 

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

21 after the date of the enactment of this Act, and every 180 

22 days thereafter for five years, the Secretary, in consulta23 tion with the Secretary of Defense, the Director of the 

24 National Intelligence, the Secretary of Homeland Security, 

25 and any other department or agency representative that 


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1 the Secretary determines to be appropriate, shall securely 

2 submit a classified report to the relevant congressional 

3 committees that describes in detail— 

4 (1) for the first reporting period, all known and 

5 suspected incidents of the information systems speci6 fied in subsection (b) that occurred during the 180- 

7 day period immediately preceding the date of the en8 actment of this Act; and 

9 (2) for all subsequent reporting periods, all 

10 known and suspected incidents of the information 

11 systems specified in subsection (b) that occurred 

12 since the submission of the most recent report. 

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

14 shall include, for the relevant reporting period— 

15 (1) a description of the relevant information 

16 system, as specified in subsection (b), that experi17 enced a known or suspected incident; 

18 (2) an assessment of the date and time each 

19 such incident occurred; 

20 (3) an assessment of the duration over which 

21 each such incident took place, including whether 

22 such incident is ongoing; 

23 (4) an assessment of the volume and sensitivity 

24 of information accessed, compromised, or potentially 

25 compromised by each incident, including any such 


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1 information contained on information systems 

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

3 Federal department or agency; 

4 (5) an assessment of whether such information 

5 system was compromised by a malicious intrusion, 

6 including an assessment of— 

7 (A) the known or suspected perpetrators, 

8 including state actors; 

9 (B) the methods used to carry out the inci10 dent; and 

11 (C) the known or suspected intent of the 

12 actors in accessing the information system; and 

13 (6) a description of the actions the Department 

14 has taken or plans to take, including timelines and 

15 descriptions of any progress on plans described in 

16 prior reports, to prevent future, similar incidents of 

17 such information systems. 

18 (g) INSPECTOR GENERAL OVERSIGHT.—The Sec19 retary shall— 

20 (1) notify the Inspector General for the Depart21 ment of State and the Broadcasting Board of Gov22 ernors about all planned penetration tests required 

23 under subsection (c); and 

24 (2) provide the Inspector General for the De25 partment of State and the Broadcasting Board of 


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1 Governors with any reports, conclusions, or analyses 

2 that are a result of such testing. 

3 SEC. 503. IMPROVING FOIA PROCESS. 

4 (a) REFORM PLAN.—Not later than 90 days after the 

5 date of the enactment of this Act, the Secretary shall sub6 mit to the relevant congressional committees a plan that 

7 describes the reforms specified in subsection (b). 

8 (b) REFORMS.—The Secretary, in consultation with 

9 the Director of National Intelligence, shall develop, imple10 ment, and complete by the date that is one year after the 

11 date of the enactment of this Act a cost-effective plan for 

12 training and maintaining an appropriate number of offi13 cials of the Department in— 

14 (1) the identification of marked or unmarked 

15 classified information in documents or media subject 

16 to requests under section 552 of title 5, United 

17 States Code (commonly referred to as the ‘‘Freedom 

18 of Information Act’’), including information origi19 nating with the intelligence community; and 

20 (2) appropriate procedures for coordinating 

21 with intelligence officials to ensure that such offi22 cials have an opportunity to make a classification 

23 determination regarding the classification status and 

24 level, if any, of any information potentially origi25 nating with the intelligence community. 


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1 (c) ACCOUNTABILITY.—Not later than 14 months 

2 after the date of the enactment of this Act, the Inspector 

3 General of the Intelligence Community, in consultation 

4 with the Inspector General of the Department of State 

5 and the Broadcasting Board of Governors, shall— 

6 (1) review the Department’s implementation of 

7 the plan required under subsection (a); and 

8 (2) submit a report to the relevant congres9 sional committees that assesses the extent to which 

10 the Department has implemented the reforms re11 quired under subsection (b). 

12 SEC. 504. ANNUAL REPORT ON SECURITY VIOLATIONS. 

13 (a) ANNUAL REPORT.—Not later than 180 days after 

14 the date of the enactment of this Act and annually there15 after for five years, the Secretary shall submit to the rel16 evant congressional committees a report, in classified or 

17 unclassified format as the Secretary determines appro18 priate, that includes information on the security violations 

19 issued to Department employees during the most recently 

20 completed fiscal year, including the unauthorized transfer 

21 of marked or unmarked classified information into docu22 ments, electronic media or systems, electronic trans23 missions, or other records or storage not certified for the 

24 handling, storage, or transmittal of such information. 


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1 (b) ELEMENTS.—The reporting of security violations 

2 submitted under subsection (a) shall include— 

3 (1) the total number of security violations 

4 issued to Department employees during the current 

5 reporting period, including the number of security 

6 violations that occurred within each office or bureau 

7 of the Department; 

8 (2) the number of security violations committed 

9 by an employee with a history of one or more prior 

10 security violations; and 

11 (3) the number and nature of actions taken by 

12 the Department in response to security violations, 

13 including— 

14 (A) disciplinary actions taken or criminal 

15 referrals; and 

16 (B) the administration of remedial training 

17 in response to any security violation or viola18 tions. 

19 SEC. 505. CLASSIFIED INFORMATION SPILLAGE. 

20 (a) DETECTION OF CLASSIFIED INFORMATION

21 SPILLAGE.—Not later than 180 days after the date of the 

22 enactment of this Act, the Secretary shall brief the rel23 evant congressional committees on a plan that describes 

24 how the reforms described in subsection (b) will be comVerDate Sep 11 2014 04:49 May 01, 2018 Jkt 079200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\H5592.IH H5592

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1 pleted within one year after the date of the enactment of 

2 this Act. 

3 (b) TRAINING PROGRAM.—The Secretary, in con4 sultation with the Director of National Intelligence, shall 

5 develop or maintain, as the case may be, a training pro6 gram for appropriate officials reporting to the Under Sec7 retary of Management of the Department regarding best 

8 practices for detecting and recognizing classified informa9 tion spillage, including information originating from the 

10 intelligence community. 

11 (c) RANDOMIZED SAMPLING TO DETECT SPILL12 AGE.—The officials receiving the training described in 

13 subsection (b) shall, not less frequently than quarterly— 

14 (1) collect statistically valid random samples of 

15 electronic mail sent by or received from employees of 

16 the Department who hold a security clearance grant17 ing such employees authorized access to information 

18 classified at the level of Secret or above; and 

19 (2) use such samples, in a manner provided for 

20 in the training described in subsection (b), to detect 

21 spillage of data that was classified at the time such 

22 electronic mail was sent or received, as part of the 

23 Department’s program for safeguarding classified 

24 information. 


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1 (d) ACCOUNTABILITY.—Not later than 180 days 

2 after the implementation of the training program de3 scribed in subsection (b), the Inspector General for the 

4 Department of State and the Broadcasting Board of Gov5 ernors shall— 

6 (1) conduct an audit of the program and activi7 ties carried out under this section; and 

8 (2) submit a report containing the results of 

9 the audit conducted under paragraph (1) to the rel10 evant congressional committees. 

11 SEC. 506. REFRESHER TRAINING ON THE HANDLING OF 

12 CLASSIFIED INFORMATION. 

13 (a) REFRESHER TRAINING.—Except as provided in 

14 subsection (d), not later than 180 days after the date of 

15 the enactment of this Act, the Secretary shall submit a 

16 written certification to the relevant congressional commit17 tees that all Department personnel who possess a security 

18 clearance have completed refresher training, developed by 

19 the Secretary, in consultation with the Director of Na20 tional Intelligence, in the rules and procedures governing 

21 the appropriate identification and handling of classified in22 formation, including information originating from the in23 telligence community. 

24 (b) CERTIFICATION BY PERSONNEL UNDERGOING

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1 dergoes the training required under subsection (a) shall 

2 certify in writing that the employee— 

3 (1) has received such training; 

4 (2) has read and understands the rules and 

5 procedures for identifying and handling classified in6 formation, including information originating from 

7 the intelligence community; 

8 (3) understands the legal responsibilities accom9 panying access to classified information; and 

10 (4) commits to following such rules and proce11 dures, under penalty of all applicable laws, regula12 tions, and policies of the Department. 

13 (c) PRIORITIZATION.—In administering the refresher 

14 training required under subsection (a), the Secretary shall 

15 prioritize the retraining of employees in the following 

16 order: 

17 (1) Employees who possess a security clearance 

18 at the Top Secret/Sensitive Compartmented Infor19 mation level. 

20 (2) Employees who possess a security clearance 

21 at the Top Secret level. 

22 (3) Employees who possess a security clearance 

23 at the Secret level. 

24 (4) Employees who possess a security clearance 

25 at the Confidential Information level. 


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1 (d) DELAY IN TRAINING.— 

2 (1) IN GENERAL.—The Secretary may delay the 

3 provision of refresher training required under sub4 section (a) for up to 30 days for any specific official 

5 or employee of the Department or any group of offi6 cials or employees, up to the level of an individual 

7 office, if the Secretary considers such delay to be 

8 critical to the foreign policy interests of the United 

9 States. 

10 (2) NOTICE TO CONGRESS.—Not later than 30 

11 days after authorizing a delay under paragraph (1), 

12 the Secretary shall submit a written notice of such 

13 delay, including a justification for the delay, to the 

14 relevant congressional committees. 

15 SEC. 507. PROHIBITION ON CONTRACTING WITH CERTAIN 

16 TELECOMMUNICATIONS PROVIDERS. 

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

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

19 the Secretary, in consultation with the Director of Na20 tional Intelligence, shall develop or maintain, as the case 

21 may be, a list of covered contractors to be updated as fre22 quently as the Secretary determines appropriate. 

23 (b) PROHIBITION ON CONTRACTS.—The Secretary 

24 may not enter into a contract with a covered contractor 

25 on the list described under subsection (a). 


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

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

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

4 Secretary determines appropriate. The Secretary, in con5 sultation with the Director of National Intelligence, shall 

6 determine a process for removing covered contractors from 

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

8 (d) WAIVERS.— 

9 (1) IN GENERAL.—The President or the Sec10 retary may waive the requirements under subsection 

11 (b) if the President or the Secretary determines that 

12 such waiver is justified for national security reasons. 

13 (2) WAIVER FOR OVERSEAS OPERATIONS.—The 

14 Secretary may waive the requirements under sub15 section (b) for United States diplomatic posts or dip16 lomatic personnel overseas if the Secretary, in con17 sultation with the Director of National Intelligence, 

18 determines that no suitable alternatives are avail19 able. 

20 (e) COVERED CONTRACTOR DEFINED.—In this sec21 tion, the term ‘‘covered contractor’’ means a provider of 

22 telecommunications, telecommunications equipment, or in23 formation technology equipment, including hardware, soft24 ware, or services, that has knowingly assisted or facilitated 

25 a cyber attack or conducted surveillance, including passive 


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1 or active monitoring, carried out against the United States 

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

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

4 the intelligence community’s 2017 assessment of world5 wide threats to United States national security or any fol6 lowing worldwide threat assessment of the intelligence 

7 community. 

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

9 respect to contracts of a covered contractor entered into 

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

11 SEC. 508. REPORT ON CONTRACTS WITH KASPERSKY LABS 

12 AND HUAWEI. 

13 (a) DETERMINATION.—Not later than 90 days after 

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

15 develop a process and timeframe for determining whether 

16 or not the Department purchased software, hardware, or 

17 services from Kaspersky Lab, Huawei, ZTE Corporation, 

18 or from any affiliates from which Kaspersky Lab, Huawei, 

19 or ZTE Corporation equipment, software, or services may 

20 be contained, and if so, if any of those products or services 

21 are still in use. 

22 (b) BRIEFING.—Not later than 180 days after the 

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

24 the relevant congressional committees on the findings pur25 suant to the review under subsection (a), and shall provide 


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1 updates every 30 days thereafter until the review is com2 plete. 

3 TITLE VI—PUBLIC DIPLOMACY 

4 SEC. 601. AVOIDING DUPLICATION OF PROGRAMS AND EF5 FORTS. 

6 (a) IN GENERAL.—The Under Secretary for Public 

7 Diplomacy and Public Affairs of the Department shall— 

8 (1) identify opportunities for greater efficiency 

9 of operations, including through improved coordina10 tion of efforts across public diplomacy bureaus and 

11 offices of the Department; and 

12 (2) maximize shared use of resources between, 

13 and within, such public diplomacy bureaus and of14 fices in cases in which programs, facilities, or admin15 istrative functions are duplicative or substantially 

16 overlapping. 

17 (b) DEFINITION.—In this section, the term ‘‘public 

18 diplomacy bureaus and offices’’ means the Bureau of Edu19 cational and Cultural Affairs, the Bureau of Public Af20 fairs, the Bureau of International Information Programs, 

21 the Office of Policy, Planning, and Resources, and the 

22 Global Engagement Center, and the public diplomacy 

23 functions within the regional and functional bureaus. 


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1 SEC. 602. AMERICAN SPACES REVIEW. 

2 Not later than 180 days after the date of the enact3 ment of this Act, the Secretary shall submit a report to 

4 the appropriate congressional committees that includes— 

5 (1) the full costs incurred by the Department to 

6 provide American Spaces, including— 

7 (A) American Centers, American Corners, 

8 Binational Centers, and Information Resource 

9 Centers; and 

10 (B) the total costs of all associated— 

11 (i) employee salaries, including mem12 bers of the Foreign Service, other United 

13 States civilian personnel, and locally em14 ployed staff; 

15 (ii) programming expenses; 

16 (iii) operating expenses; 

17 (iv) contracting expenses; and 

18 (v) security expenses; 

19 (2) a breakdown of the total costs described in 

20 paragraph (1) by each space and type of space; 

21 (3) the total fees collected for entry to, or the 

22 use of, American Spaces and related resources, in23 cluding a breakdown by the type of fee for each 

24 space and type of space; 

25 (4) the total usage rates, including by type of 

26 service, for each space and type of space; and 


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1 (5) an assessment of the significance, utility, 

2 and benefit of the American Spaces program in pro3 moting mutual understanding and the value of 

4 American culture. 

5 SEC. 603. IMPROVING RESEARCH AND EVALUATION OF 

6 PUBLIC DIPLOMACY. 

7 (a) IN GENERAL.—The Secretary shall— 

8 (1) conduct regular research and evaluation of 

9 public diplomacy programs and activities of the De10 partment, including through the routine use of audi11 ence research, digital analytics, and impact evalua12 tions, to plan and execute such programs and activi13 ties; and 

14 (2) make the findings of the research and eval15 uations conducted under paragraph (1) available to 

16 Congress. 

17 (b) DIRECTOR OF RESEARCH AND EVALUATION.— 

18 (1) APPOINTMENT.—Not later than 90 days 

19 after the date of the enactment of this Act, the Sec20 retary shall appoint a Director of Research and 

21 Evaluation in the Office of Policy, Planning, and 

22 Resources for the Under Secretary for Public Diplo23 macy and Public Affairs. 

24 (2) LIMITATION ON APPOINTMENT.—The ap25 pointment of a Director of Research and Evaluation 


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1 pursuant to paragraph (1) shall not result in an in2 crease in the overall full-time equivalent positions 

3 within the Department. 

4 (3) RESPONSIBILITIES.—The Director of Re5 search and Evaluation shall— 

6 (A) coordinate and oversee the research 

7 and evaluation of public diplomacy programs of 

8 the Department— 

9 (i) to improve public diplomacy strate10 gies and tactics; and 

11 (ii) to ensure that programs are in12 creasing the knowledge, understanding, 

13 and trust of the United States by relevant 

14 target audiences; 

15 (B) report to the Director of Policy and 

16 Planning in the Office of Policy, Planning, and 

17 Resources under the Under Secretary for Public 

18 Diplomacy and Public Affairs of the Depart19 ment; 

20 (C) routinely organize and oversee audi21 ence research, digital analytics, and impact 

22 evaluations across all public diplomacy bureaus 

23 and offices of the Department; 

24 (D) support embassy public affairs sec25 tions; 


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1 (E) share appropriate public diplomacy re2 search and evaluation information within the 

3 Department and with other Federal depart4 ments and agencies; 

5 (F) regularly design and coordinate stand6 ardized research questions, methodologies, and 

7 procedures to ensure that public diplomacy ac8 tivities across all public diplomacy bureaus and 

9 offices are designed to meet appropriate foreign 

10 policy objectives; and 

11 (G) report biannually to the United States 

12 Advisory Commission on Public Diplomacy, 

13 through the Commission’s Subcommittee on Re14 search and Evaluation established pursuant to 

15 subsection (e), regarding the research and eval16 uation of all public diplomacy bureaus and of17 fices of the Department. 

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

19 one year after the appointment of the Director of 

20 Research and Evaluation pursuant to paragraph (1), 

21 the Director shall create guidance and training, in22 cluding curriculum for use by the Foreign Service 

23 Institute, for all public diplomacy officers regarding 

24 the reading and interpretation of public diplomacy 

25 program evaluation findings to ensure that such 


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1 findings and lessons learned are implemented in the 

2 planning and evaluation of all public diplomacy pro3 grams and activities throughout the Department. 

4 (c) PRIORITIZING RESEARCH AND EVALUATION.— 

5 (1) IN GENERAL.—The Director of Policy, 

6 Planning, and Resources shall ensure that research 

7 and evaluation, as coordinated and overseen by the 

8 Director of Research and Evaluation, supports stra9 tegic planning and resource allocation across all pub10 lic diplomacy bureaus and offices of the Department. 

11 (2) ALLOCATION OF RESOURCES.—Amounts al12 located for the purposes of research and evaluation 

13 of public diplomacy programs and activities pursu14 ant to subsection (a) shall be made available to be 

15 disbursed at the direction of the Director of Re16 search and Evaluation among the research and eval17 uation staff across all public diplomacy bureaus and 

18 offices of the Department. 

19 (3) SENSE OF CONGRESS.—It is the sense of 

20 Congress that the Under Secretary for Public Diplo21 macy and Public Affairs of the Department should 

22 coordinate the human and financial resources that 

23 support the Department’s public diplomacy and pub24 lic affairs programs and activities, that proposals or 

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1 macy bureaus and offices be routed through the Of2 fice of the Under Secretary for Public Diplomacy 

3 and Public Affairs for review and clearance and that 

4 the Department should allocate, for the purposes of 

5 research and evaluation of public diplomacy activi6 ties and programs pursuant to subsection (a)— 

7 (A) 3 to 5 percent of program funds made 

8 available under the heading ‘‘EDUCATIONAL

9 AND CULTURAL EXCHANGE PROGRAMS’’; and 

10 (B) 3 to 5 percent of program funds allo11 cated for public diplomacy programs under the 

12 heading ‘‘DIPLOMATIC AND CONSULAR PRO13 GRAMS’’. 

14 (d) LIMITED EXEMPTION.—Chapter 35 of title 44, 

15 United States Code (commonly known as the ‘‘Paperwork 

16 Reduction Act’’) shall not apply to collections of informa17 tion directed at any individuals conducted by, or on behalf 

18 of, the Department for the purpose of audience research, 

19 monitoring, and evaluations, and in connection with the 

20 Department’s activities conducted pursuant to the United 

21 States Information and Educational Exchange Act of 

22 1948 (22 U.S.C. 1431 et seq.), the Mutual Educational 

23 and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et 

24 seq.), section 1287 of the National Defense Authorization 

25 Act for Fiscal Year 2017 (Public Law 114–328; 22 U.S.C. 


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1 2656 note), or the Foreign Assistance Act of 1961 (22 

2 U.S.C. 2151 et seq.). 

3 (e) LIMITED EXEMPTION TO THE PRIVACY ACT.— 

4 The Department shall maintain, collect, use, and dissemi5 nate records (as such term is defined in section 552a(a)(4) 

6 of title 5, United States Code) for research and data anal7 ysis of communications related to public diplomacy efforts 

8 intended for foreign audiences. Such research and data 

9 analysis shall be reasonably tailored to meet the purposes 

10 of this subsection and shall be carried out with due regard 

11 for privacy and civil liberties guidance and oversight. 

12 (f) ADVISORY COMMISSION ON PUBLIC DIPLO13 MACY.— 

14 (1) SUBCOMMITTEE FOR RESEARCH AND EVAL15 UATION.—The Advisory Commission on Public Di16 plomacy shall establish a Subcommittee for Research 

17 and Evaluation to monitor and advise on the re18 search and evaluation activities of the Department 

19 and the Broadcasting Board of Governors. 

20 (2) REPORT.—The Subcommittee for Research 

21 and Evaluation established pursuant to paragraph 

22 (1) shall submit an annual report to Congress in 

23 conjunction with the Commission on Public Diplo24 macy’s Comprehensive Annual Report on the per25 formance of the Department and the Broadcasting 


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1 Board of Governors in carrying out research and 

2 evaluations of their respective public diplomacy pro3 gramming. 

4 (g) DEFINITIONS.—In this section: 

5 (1) AUDIENCE RESEARCH.—The term ‘‘audi6 ence research’’ means research conducted at the out7 set of public diplomacy program or campaign plan8 ning and design on specific audience segments to un9 derstand the attitudes, interests, knowledge, and be10 haviors of such audience segments. 

11 (2) DIGITAL ANALYTICS.—The term ‘‘digital 

12 analytics’’ means the analysis of qualitative and 

13 quantitative data, accumulated in digital format, to 

14 indicate the outputs and outcomes of a public diplo15 macy program or campaign. 

16 (3) IMPACT EVALUATION.—The term ‘‘impact 

17 evaluation’’ means an assessment of the changes in 

18 the audience targeted by a public diplomacy program 

19 or campaign that can be attributed to such program 

20 or campaign. 

21 (4) PUBLIC DIPLOMACY BUREAUS AND OF22 FICES.—The term ‘‘public diplomacy bureaus and 

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1 fice of Policy, Planning, and Resources, and the 

2 Global Engagement Center, and the public diplo3 macy functions within the regional and functional 

4 bureaus. 

5 TITLE VII—COMBATING PUBLIC 

6 CORRUPTION 

7 SEC. 701. SENSE OF CONGRESS. 

8 It is the sense of Congress that— 

9 (1) it is in the foreign policy interest of the 

10 United States to help foreign countries promote 

11 good governance and combat public corruption, par12 ticularly grand corruption; 

13 (2) multiple Federal departments and agencies 

14 operate programs that promote good governance in 

15 foreign countries and enhance such countries’ ability 

16 to combat public corruption; 

17 (3) the Department should promote coordina18 tion among the Federal departments and agencies 

19 implementing programs to promote good governance 

20 and combat public corruption in foreign countries in 

21 order to improve effectiveness and efficiency; and 

22 (4) the Department should identify areas in 

23 which United States efforts to help other countries 

24 promote good governance and combat public corrup25 tion could be enhanced. 


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1 SEC. 702. ANNUAL ASSESSMENT. 

2 (a) IN GENERAL.—For each of fiscal years 2019 

3 through 2025, the Secretary shall assess the capacity and 

4 commitment of foreign countries to combat public corrup5 tion. Each such assessment shall— 

6 (1) utilize independent, third party indicators 

7 that measure transparency, accountability, and cor8 ruption in the public sector, including the extent to 

9 which public power is exercised for private gain, to 

10 identify those countries that are most vulnerable to 

11 public corruption; 

12 (2) consider, to the extent reliable information 

13 is available, whether the government of a country 

14 identified under paragraph (1)— 

15 (A) has adopted measures to prevent pub16 lic corruption, such as measures to inform and 

17 educate the public, including potential victims, 

18 about the causes and consequences of public 

19 corruption; 

20 (B) has enacted laws and established gov21 ernment structures, policies, and practices that 

22 prohibit public corruption, including grand cor23 ruption and petty corruption; 

24 (C) enforces such laws through a fair judi25 cial process; 


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1 (D) vigorously investigates, prosecutes, 

2 convicts, and sentences public officials who par3 ticipate in or facilitate public corruption, includ4 ing nationals of the country who are deployed 

5 in foreign military assignments, trade delega6 tions abroad, or other similar missions who en7 gage in or facilitate public corruption; 

8 (E) prescribes appropriate punishment for 

9 grand corruption that is commensurate with the 

10 punishment prescribed for serious crimes; 

11 (F) prescribes appropriate punishment for 

12 petty corruption that provides a sufficiently 

13 stringent deterrent and adequately reflects the 

14 nature of the offense; and 

15 (G) convicts and sentences persons respon16 sible for such acts that take place wholly or 

17 partly within the country of the government, in18 cluding, as appropriate, requiring the incarcer19 ation of individuals convicted of such acts; and 

20 (3) further consider— 

21 (A) verifiable measures taken by the gov22 ernment of a country identified under para23 graph (1) to prohibit government officials from 

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1 lic corruption, including the investigation, pros2 ecution, and conviction of such officials; 

3 (B) the extent to which such government 

4 provides access, or, as appropriate, makes ade5 quate resources available, to civil society organi6 zations and other institutions to combat public 

7 corruption, including reporting, investigating, 

8 and monitoring; 

9 (C) the extent to which an independent ju10 diciary or judicial body in such country is re11 sponsible for, and effectively capable of, decid12 ing public corruption cases impartially, on the 

13 basis of facts and in accordance with law, with14 out any improper restrictions, influences, in15 ducements, pressures, threats, or interferences, 

16 whether direct or indirect, from any source or 

17 for any reason; 

18 (D) the extent to which such govern19 ment— 

20 (i) is assisting in international inves21 tigations of transnational public corruption 

22 networks and in other cooperative efforts 

23 to combat grand corruption, including co24 operating with the governments of other 

25 countries to extradite corrupt actors; 


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1 (ii) recognizes the rights of victims of 

2 public corruption, ensures their access to 

3 justice, and takes steps to prevent victims 

4 from being further victimized or persecuted 

5 by corrupt actors, government officials, or 

6 others; and 

7 (iii) refrains from prosecuting legiti8 mate victims of public corruption or whis9 tleblowers due to such persons having as10 sisted in exposing public corruption, and 

11 refrains from other discriminatory treat12 ment of such persons; and 

13 (E) contain such other information relat14 ing to public corruption as the Secretary con15 siders appropriate. 

16 (b) IDENTIFICATION.—After conducting the assess17 ment under subsection (a), the Secretary shall identify the 

18 countries described in paragraph (1) of such subsection 

19 that are— 

20 (1) meeting minimum standards to combat pub21 lic corruption; 

22 (2) not meeting minimum standards to combat 

23 public corruption but making significant efforts to 

24 do so; or 


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1 (3) neither meeting minimum standards to com2 bat public corruption nor making significant efforts 

3 to do so. 

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

5 of the enactment of this Act and annually thereafter 

6 through fiscal year 2025, the Secretary shall submit to 

7 the appropriate congressional committees and make pub8 licly available a report that identifies the countries de9 scribed in subsection (a)(1) and paragraphs (2) and (3) 

10 of subsection (b), including a description of the method11 ology and data utilized in the assessment under subsection 

12 (a) and the reasons for such identification. 

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

14 may waive the requirement to submit and make publicly 

15 available a written report under subsection (c) if the Sec16 retary— 

17 (1) determines that publication of such report 

18 would— 

19 (A) undermine existing United States anti20 corruption efforts in one or more countries; or 

21 (B) threaten the national interests of the 

22 United States; and 

23 (2) provides a briefing to the appropriate con24 gressional committees that identifies the countries 

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


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

2 the methodology and data utilized in the assessment 

3 under subsection (a) and the reasons for such identi4 fication. 

5 SEC. 703. TRANSPARENCY AND ACCOUNTABILITY. 

6 For each country identified under paragraphs (2) and 

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

8 the Administrator of the United States Agency for Inter9 national Development, as appropriate, shall— 

10 (1) ensure that a corruption risk assessment 

11 and mitigation strategy is included in the integrated 

12 country strategy for such country; and 

13 (2) utilize appropriate mechanisms to combat 

14 corruption in such countries, including by ensur15 ing— 

16 (A) the inclusion of anti-corruption clauses 

17 in contracts, grants, and cooperative agree18 ments entered into by the Department or the 

19 Agency for or in such countries, which allow for 

20 the termination of such contracts, grants, or co21 operative agreements, as the case may be, with22 out penalty if credible indicators of public cor23 ruption are discovered; 

24 (B) the inclusion of appropriate clawback 

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1 struments of the Department and the Agency 

2 that provide for the recovery of funds misappro3 priated through corruption; 

4 (C) the appropriate disclosure to the 

5 United States Government, in confidential 

6 form, if necessary, of the beneficial ownership 

7 of contractors, subcontractors, grantees, cooper8 ative agreement participants, and other organi9 zations implementing programs on behalf of the 

10 Department or Agency; and 

11 (D) the establishment of mechanisms for 

12 investigating allegations of misappropriated re13 sources and equipment. 

14 SEC. 704. DESIGNATION OF EMBASSY ANTI-CORRUPTION 

15 POINTS OF CONTACT. 

16 (a) IN GENERAL.—The Secretary shall annually des17 ignate an anti-corruption point of contact at the United 

18 States mission to each country identified under para19 graphs (2) and (3) of section 702(b), or which the Sec20 retary otherwise determines is in need of such a point of 

21 contact. 

22 (b) RESPONSIBILITIES.—Each designated anti-cor23 ruption point of contact shall be responsible for coordi24 nating and overseeing implementation of a whole-of-gov25 ernment approach among the relevant Federal departVerDate Sep 11 2014 04:49 May 01, 2018 Jkt 079200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\H5592.IH H5592

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1 ments and agencies that operate programs that promote 

2 good governance in foreign countries and enhance such 

3 countries’ ability to combat public corruption in order to 

4 accomplish such objectives in the country to which such 

5 point of contact is posted, including through the develop6 ment and implementation of corruption risk assessment 

7 tools and mitigation strategies. 

8 (c) TRAINING.—The Secretary shall implement ap9 propriate training for designated anti-corruption points of 

10 contact. 

11 SEC. 705. REPORTING REQUIREMENTS. 

12 (a) ANNUAL REPORT.— 

13 (1) IN GENERAL.—The Secretary shall, for each 

14 of fiscal years 2019 through 2025, submit to the ap15 propriate congressional committees a report on im16 plementation of this title, including a description 

17 of— 

18 (A) the offices within the Department and 

19 the United States Agency for International De20 velopment that are engaging in significant anti21 corruption activities; 

22 (B) the findings and actions of designated 

23 anti-corruption points of contact to develop and 

24 implement risk mitigation strategies and ensure 

25 compliance with section 703; 


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1 (C) the training implemented under section 

2 704(c); 

3 (D) management of the whole-of-govern4 ment effort referred to in section 701 to combat 

5 corruption within the countries identified in sec6 tion 702 and efforts to improve coordination 

7 across Federal departments and agencies; 

8 (E) the risk assessment tools and mitiga9 tion strategies utilized by the Department and 

10 the Agency; and 

11 (F) other information determined by the 

12 Secretary to be necessary and appropriate. 

13 (2) FORM OF REPORT.—Reports under this 

14 subsection shall be submitted in an unclassified for15 mat but may include a classified annex. 

16 (b) ONLINE PLATFORM.—The Secretary shall con17 solidate existing reports with anti-corruption components 

18 into one online, public platform, which should— 

19 (1) include— 

20 (A) the annual Country Reports on 

21 Human Rights Practices; 

22 (B) the annual Fiscal Transparency Re23 port; 

24 (C) the annual Investment Climate State25 ments; 


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1 (D) the annual International Narcotics 

2 Control Strategy Report; 

3 (E) the Country Scorecards of the Millen4 nium Challenge Corporation; and 

5 (F) any other relevant public reports; and 

6 (2) link to third-party indicators and compli7 ance mechanisms used by the Federal Government 

8 to inform policy and programming, such as— 

9 (A) the International Finance Corpora10 tion’s Doing Business surveys; 

11 (B) the International Budget Partnership’s 

12 Open Budget Index; and 

13 (C) multilateral peer review anti-corruption 

14 compliance mechanisms, such as the Organiza15 tion for Economic Co-operation and Develop16 ment’s Working Group on Bribery in Inter17 national Business Transactions and the United 

18 Nations Convention Against Corruption, done 

19 at New York October 31, 2003, to further high20 light expert international views on country chal21 lenges and country efforts. 

22 (c) TRAINING.—The Secretary and the Administrator 

23 of the United States Agency for International Develop24 ment shall incorporate anti-corruption components into 


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1 existing Foreign Service and Civil Service training courses 

2 to— 

3 (1) increase the ability of Department and 

4 Agency personnel to support anti-corruption as a 

5 foreign policy priority; and 

6 (2) strengthen the ability of such personnel to 

7 design, implement, and evaluate more effective anti8 corruption programming around the world, including 

9 enhancing skills to better evaluate and mitigate pub10 lic corruption risks in assistance programs. 

11 TITLE VIII—MISCELLANEOUS 

12 SEC. 801. CASE-ZABLOCKI REFORM. 

13 Section 112b(b) of title 1, United States Code, is 

14 amended to read as follows: 

15 ‘‘(b) Each department or agency of the United States 

16 Government that enters into any international agreement 

17 described in subsection (a) on behalf of the United States, 

18 shall designate a Chief International Agreements Officer, 

19 who— 

20 ‘‘(1) shall be a current employee of such depart21 ment or agency; 

22 ‘‘(2) shall serve concurrently as Chief Inter23 national Agreements Officer; and 

24 ‘‘(3) subject to the authority of the head of 

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1 or agency-wide responsibility for efficient and appro2 priate compliance with subsection (a) to transmit the 

3 text of any international agreement to the Depart4 ment of State not later than 20 days after such 

5 agreement has been signed.’’. 

6 SEC. 802. REPORTING ON IMPLEMENTATION OF GAO REC7 OMMENDATIONS. 

8 (a) INITIAL REPORT.—Not later than 60 days after 

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

10 submit a report to the appropriate congressional commit11 tees that lists all of the Government Accountability Of12 fice’s recommendations relating to the Department that 

13 have not been fully implemented. 

14 (b) COMPTROLLER GENERAL REPORT.—Not later 

15 than 30 days after the Secretary submits the report under 

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

17 States shall submit a report to the appropriate congres18 sional committees that identifies any discrepancies be19 tween the list of recommendations included in such report 

20 and the Government Accountability Office’s list of out21 standing recommendations for the Department. 

22 (c) IMPLEMENTATION REPORT.— 

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

24 after the date of the enactment of this Act, the Sec25 retary shall submit a report to the appropriate conVerDate Sep 11 2014 04:49 May 01, 2018 Jkt 079200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 E:\BILLS\H5592.IH H5592

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1 gressional committees that describes the implemen2 tation status of each recommendation from the Gov3 ernment Accountability Office included in the report 

4 submitted under subsection (a). 

5 (2) JUSTIFICATION.—The report under para6 graph (1) shall include— 

7 (A) a detailed justification for each deci8 sion not to fully implement a recommendation 

9 or to implement a recommendation in a dif10 ferent manner than specified by the Govern11 ment Accountability Office; 

12 (B) a timeline for the full implementation 

13 of any recommendation the Secretary has de14 cided to adopt, but has not yet fully imple15 mented; and 

16 (C) an explanation for any discrepancies 

17 included in the Comptroller General report sub18 mitted under subsection (b). 

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

20 under this section shall be submitted in unclassified form, 

21 to the maximum extent practicable, but may be included 

22 in a classified annex to the extent necessary. 


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1 SEC. 803. EXTENSION OF AUTHORITY FOR CERTAIN AC2 COUNTABILITY REVIEW BOARDS. 

3 Paragraph (3) of section 301(a) the Omnibus Diplo4 matic Security and Antiterrorism Act of 1986 (22 U.S.C. 

5 4831(a)) is amended— 

6 (1) in the heading, by striking ‘‘AND IRAQ’’; 

7 and 

8 (2) in subparagraph (A)— 

9 (A) in clause (i), by striking ‘‘or Iraq’’; 

10 and 

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

12 on October 1, 2005, and ending on September 

13 30, 2009’’ and inserting ‘‘beginning on October 

14 1, 2018, and ending on September 30, 2021’’. 

15 TITLE IX—MATTERS RELATING 

16 TO INTERNATIONAL SECURITY 

17 Subtitle A—General Provisions 

18 SEC. 901. MODIFICATION OF PURPOSES FOR WHICH MILI19 TARY SALES BY THE UNITED STATES ARE AU20 THORIZED. 

21 Section 4 of the Arms Export Control Act (22 U.S.C. 

22 2754) is amended in the first sentence by striking ‘‘inter23 nal security’’ and inserting ‘‘legitimate internal security 

24 (including for anti-terrorism purposes)’’. 


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1 SEC. 902. RETURN OF DEFENSE ARTICLES. 

2 Section 21(m)(1)(B) of the Arms Export Control Act 

3 (22 U.S.C. 2761(m)(1)(B)) is amended— 

4 (1) by striking ‘‘(B) is not’’ and inserting 

5 ‘‘(B)(i) is not’’; 

6 (2) by striking ‘‘; and’’ and inserting ‘‘; or’’; 

7 and 

8 (3) by adding at the end the following: 

9 ‘‘(ii) is significant military equipment (as 

10 defined in section 47(9) of this Act) and the 

11 Secretary of State has provided prior approval 

12 of the return of such defense article from the 

13 foreign country or international organization; 

14 and’’. 

15 SEC. 903. REQUIREMENTS RELATING TO EXEMPTIONS FOR 

16 LICENSING OF DEFENSE ITEMS. 

17 Section 38(j) of the Arms Export Control Act (22 

18 U.S.C. 2778(j)) is amended— 

19 (1) in the subsection heading— 

20 (A) by striking ‘‘COUNTRY’’; and 

21 (B) by striking ‘‘TO FOREIGN COUN22 TRIES’’; 

23 (2) in paragraph (1)(A)— 

24 (A) in the matter preceding clause (i)— 

25 (i) by striking ‘‘a foreign country’’ 

26 and inserting ‘‘the North Atlantic Treaty 


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1 Organization, any member country of that 

2 Organization, the Republic of Korea, Aus3 tralia, New Zealand, Japan, or Israel’’; 

4 (ii) by inserting ‘‘(except that the 

5 President may not so exempt such Organi6 zation, member country, or other country 

7 that is not eligible to acquire defense items 

8 under any other provision of law)’’ after 

9 ‘‘with respect to exports of defense items’’; 

10 and 

11 (iii) by striking ‘‘the foreign country’’ 

12 and inserting ‘‘such Organization, member 

13 country, or other country’’; and 

14 (B) in clause (ii)— 

15 (i) by striking ‘‘the foreign country’’ 

16 and inserting ‘‘such Organization, member 

17 country, or other country’’; and 

18 (ii) by striking ‘‘under their domestic 

19 laws’’; 

20 (3) in paragraph (2)— 

21 (A) in subparagraph (A)— 

22 (i) in the matter preceding clause 

23 (i)— 

24 (I) by striking ‘‘, at a min25 imum,’’; 


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1 (II) by striking ‘‘the foreign 

2 country’’ and inserting ‘‘the Organiza3 tion, member country, or other coun4 try referred to in paragraph (1)’’; and 

5 (III) by striking ‘‘to revise its 

6 policies and practices, and promulgate 

7 or enact necessary modifications to its 

8 laws and regulations’’; 

9 (ii) in clause (i), by striking ‘‘the for10 eign country’’ and inserting ‘‘such Organi11 zation, member country, or other country’’; 

12 and 

13 (iii) in clause (ii), by striking ‘‘re14 transfer control commitments, including 

15 securing’’ and inserting ‘‘retransfer con16 trols that secure’’; 

17 (B) in subparagraph (B)— 

18 (i) in the matter preceding clause 

19 (i)— 

20 (I) by striking ‘‘, at a min21 imum,’’; 

22 (II) by striking ‘‘the foreign 

23 country’’ and inserting ‘‘the Organiza24 tion, member country, or other coun25 try referred to in paragraph (1)’’; and 


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1 (III) by striking ‘‘to revise its 

2 policies and practices, and promulgate 

3 or enact necessary modifications to its 

4 laws and regulations’’; and 

5 (ii) in clause (iv), by striking ‘‘the for6 eign country’’ and inserting ‘‘the member 

7 country or other country’’; 

8 (4) in paragraph (3)— 

9 (A) in the matter preceding subparagraph 

10 (A), by striking ‘‘a foreign country’’ and insert11 ing ‘‘the Organization, member country, or 

12 other country referred to in paragraph (1)’’; 

13 (B) in subparagraph (A), by striking ‘‘that 

14 foreign country’’ and inserting ‘‘such Organiza15 tion, member country, or other country’’; 

16 (C) in subparagraph (B)— 

17 (i) by striking ‘‘the foreign country’’ 

18 and inserting ‘‘such Organization, member 

19 country, or other country’’; and 

20 (ii) by striking ‘‘has promulgated or 

21 enacted all necessary modifications to its 

22 laws and regulations to comply’’ and in23 serting ‘‘has taken such actions to com24 ply’’; and 

25 (D) in subparagraph (C)— 


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1 (i) by striking ‘‘a foreign country’’ 

2 and inserting ‘‘such Organization, member 

3 country, or other country’’; and 

4 (ii) by striking ‘‘that country’’ and in5 serting ‘‘such Organization, member coun6 try, or other country’’; and 

7 (5) in paragraph (4)(A), by adding at the end 

8 before the period the following: ‘‘that are not signifi9 cant military equipment, or otherwise classified 

10 under section 121.1 of title 22, Code of Federal 

11 Regulations, or contained on the list of items con12 trolled for reasons of missile technology under sec13 tion 71 of this Act’’. 

14 SEC. 904. AMENDMENT TO GENERAL PROVISIONS. 

15 Section 42(a) of the Arms Export Control Act (22 

16 U.S.C. 2791(a)) is amended in the first sentence by insert17 ing ‘‘on a competitive basis’’ after ‘‘procurement in the 

18 United States’’. 

19 SEC. 905. TECHNICAL AMENDMENTS TO ARMS EXPORT 

20 CONTROL ACT. 

21 (a) AMENDMENTS RELATING TO SALES FROM

22 STOCKS.—Section 21(e)(3) of the Arms Export Control 

23 Act (22 U.S.C. 2761(e)(3)) is amended— 

24 (1) in subparagraph (A)— 


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1 (A) in the matter preceding clause (i), by 

2 striking ‘‘North Atlantic Treaty Organization 

3 (NATO) Support Organization’’ and inserting 

4 ‘‘North Atlantic Treaty Organization (NATO) 

5 Support and Procurement Organization’’; and 

6 (B) in clause (i), by striking ‘‘support 

7 partnership agreement’’ and inserting ‘‘support 

8 or procurement partnership agreement’’; and 

9 (2) in subparagraph (C)(i), in the matter pre10 ceding subclause (I)— 

11 (A) by striking ‘‘North Atlantic Treaty Or12 ganization (NATO) Support Organization’’ and 

13 inserting ‘‘North Atlantic Treaty Organization 

14 (NATO) Support and Procurement Organiza15 tion’’; and 

16 (B) by striking ‘‘weapon system partner17 ship agreement’’ and inserting ‘‘support or pro18 curement partnership agreement’’. 

19 (b) AMENDMENTS RELATING TO REPORTS.—Section 

20 36(b)(6) of the Arms Export Control Act (22 U.S.C. 

21 2776(b)(6)) is amended by inserting ‘‘the North Atlantic 

22 Treaty Organization or’’ before ‘‘a member country’’. 


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1 SEC. 906. SENSE OF CONGRESS ON LICENSING UNDER 

2 UNITED STATES ARMS EXPORT CONTROL 

3 PROGRAMS. 

4 It is the sense of Congress that, in implementing re5 forms of United States arms export control programs, the 

6 President should prioritize the development of a new 

7 framework to improve and streamline licensing under such 

8 programs, including by seeking to revise the Special Com9 prehensive Export Authorizations for the North Atlantic 

10 Treaty Organization, any member country of that Organi11 zation, or any other country described in section 

12 36(c)(2)(A) of the Arms Export Control Act (22 U.S.C. 

13 2776(c)(2)(A)) under section 126.14 of title 15, Code of 

14 Federal Regulations (relating to the International Traffic 

15 in Arms Regulations). 

16 SEC. 907. EXTENSION OF WAR RESERVE STOCKPILE AU17 THORITY. 

18 (a) DEPARTMENT OF DEFENSE APPROPRIATIONS

19 ACT, 2005.—Section 12001(d) of the Department of De20 fense Appropriations Act, 2005 (Public Law 108–287; 

21 118 Stat. 1011) is amended by striking ‘‘2018’’ and in22 serting ‘‘2019’’. 

23 (b) STOCKPILING OF DEFENSE ARTICLES FOR FOR24 EIGN COUNTRIES.—Section 514(b)(2)(A) of the Foreign 

25 Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is 


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1 amended by striking ‘‘and 2018’’ and inserting ‘‘2018, 

2 and 2019’’. 

3 SEC. 908. PEACEKEEPING OPERATIONS AND OTHER NA4 TIONAL SECURITY PROGRAMS. 

5 (a) AUTHORITY.— 

6 (1) IN GENERAL.—Section 551 of the Foreign 

7 Assistance Act of 1961 (22 U.S.C. 2348) is amend8 ed— 

9 (A) in the first sentence, by striking ‘‘The 

10 President’’ and inserting ‘‘(a) The President’’; 

11 and 

12 (B) by adding at the end the following: 

13 ‘‘(b) Assistance authorized to be appropriated under 

14 this chapter may also be used to provide assistance to en15 hance the capacity of foreign civilian security forces, in16 cluding gendarmes, to participate in peacekeeping oper17 ations. 

18 ‘‘(c) Assistance authorized to be appropriated under 

19 this chapter to provide assistance to friendly countries for 

20 purposes other than support for multilateral peacekeeping 

21 operations shall be subject to the applicable requirements 

22 of the Arms Export Control Act (22 U.S.C. 2751 et 

23 seq.).’’. 

24 (2) DISARMAMENT AND REINTEGRATION.— 


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1 (A) IN GENERAL.—Notwithstanding any 

2 other provision of law, funds authorized to be 

3 appropriated under any provision of law for 

4 peacekeeping operations may be made available 

5 to support programs to disarm, demobilize, and 

6 reintegrate into civilian society former members 

7 of foreign terrorist organizations. 

8 (B) CONSULTATION.—The Secretary shall 

9 consult with the appropriate congressional com10 mittees prior to obligating or expending funds 

11 pursuant to this any provision of law described 

12 in subparagraph (A). 

13 (C) DEFINITION.—In this paragraph, the 

14 term ‘‘foreign terrorist organization’’ means an 

15 organization designated as a terrorist organiza16 tion under section 219(a) of the Immigration 

17 and Nationality Act (8 U.S.C. 1189(a)). 

18 (b) NOTIFICATION.—The Secretary shall notify the 

19 Committee on Foreign Affairs of the House of Representa20 tives and the Committee on Foreign Relations of the Sen21 ate at least 15 days prior to obligating or expending funds 

22 under any provision of law for peacekeeping operations. 

23 (c) CONFORMING AMENDMENT.—The heading for 

24 chapter 6 of part II of the Foreign Assistance Act of 1961 

25 (22 U.S.C. 2348 et seq.) is amended by adding at the end 


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1 the following: ‘‘AND OTHER NATIONAL SECURITY PRO2 GRAMS’’. 

3 SEC. 909. OTHER AMENDMENTS TO MILITARY ASSISTANCE 

4 AUTHORITIES. 

5 The Foreign Assistance Act of 1961 is amended as 

6 follows: 

7 (1) In section 506(b)(2) (22 U.S.C. 

8 2318(b)(2)), by striking ‘‘a report’’ and inserting ‘‘a 

9 report on an annual basis’’. 

10 (2) In section 516 (22 U.S.C. 2321j)— 

11 (A) in subsection (a), by striking ‘‘coun12 tries’’ and inserting ‘‘countries, regional organi13 zations, and international organizations’’; 

14 (B) in subsection (b)(1)(E), by striking 

15 ‘‘countries’’ and inserting ‘‘countries, regional 

16 organizations, and international organizations’’; 

17 (C) in subsection (c)— 

18 (i) in paragraph (1), by striking ‘‘re19 cipient country’’ and inserting ‘‘recipient 

20 country or organization’’; and 

21 (ii) in paragraph (2), by striking 

22 ‘‘other countries’’ and inserting ‘‘other 

23 countries or organizations’’; 

24 (D) in subsection (f)(2)— 


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1 (i) in subparagraph (A), by striking 

2 ‘‘country’’ and inserting ‘‘country or orga3 nization’’; and 

4 (ii) in subparagraph (C), by striking 

5 ‘‘countries’’ and inserting ‘‘countries or or6 ganizations’’; and 

7 (E) in subsection (h), by striking ‘‘coun8 try’’ and inserting ‘‘country and organization’’. 

9 (3) In section 622(c) of the Foreign Assistance 

10 Act of 1961 (22 U.S.C. 2382(c)), by inserting ‘‘law 

11 enforcement and justice sector assistance,’’ before 

12 ‘‘military assistance,’’. 

13 (4) In section 656(a)(1) (22 U.S.C. 

14 2416(a)(1)), by striking ‘‘January 31’’ and inserting 

15 ‘‘March 1’’. 

16 Subtitle B—Security Sector Reform 

17 SEC. 921. LIST OF PRIORITY COUNTRIES FOR SECURITY 

18 SECTOR ASSISTANCE. 

19 (a) SENSE OF CONGRESS.—It is the sense of Con20 gress that United States security sector assistance is a 

21 critically important tool of United States foreign policy 

22 and the Secretary, acting under the direction of the Presi23 dent, should set foreign security sector policy priorities re24 lated to United States security sector assistance. 


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1 (b) LIST.—The Secretary, in consultation with the 

2 Secretary of Defense and the heads of other appropriate 

3 Federal departments and agencies, shall include in the an4 nual congressional budget justification of the Department 

5 a list that— 

6 (1) those foreign countries identified by the 

7 Secretary as priority countries to receive security 

8 sector assistance; and 

9 (2) indicates for each country identified under 

10 paragraph (1) the policy objectives that the Sec11 retary seeks to achieve with respect to the provision 

12 of such assistance. 

13 SEC. 922. COORDINATOR FOR SECURITY SECTOR ASSIST14 ANCE IN PRIORITY COUNTRIES. 

15 (a) IN GENERAL.—The Secretary shall designate an 

16 appropriately senior individual or individuals assigned to 

17 an appropriate diplomatic or consular post in each foreign 

18 country identified on the list required under section 

19 921(b) to be responsible for— 

20 (1) tracking, reporting on, and coordinating se21 curity sector assistance and related policy for the 

22 foreign country; and 

23 (2) assisting in and ensuring implementation of 

24 section 620M of the Foreign Assistance Act of 1961 


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1 (22 U.S.C. 2378d) and section 362 of title 10, 

2 United States Code. 

3 (b) TRAINING.— 

4 (1) IN GENERAL.—The Secretary shall ensure 

5 that each individual designated under subsection (a) 

6 receives the specialized training described in para7 graph (2) to prepare such individual to carry out the 

8 duties described in paragraphs (1) and (2) of sub9 section (a). 

10 (2) TRAINING DESCRIBED.—The Secretary 

11 shall establish curriculum at the George P. Schultz 

12 National Foreign Affairs Training Center to provide 

13 specialized training for individuals designated under 

14 subsection (a) to develop policy expertise relating to 

15 security sector assistance, including— 

16 (A) awareness of the full range of agencies, 

17 offices, personnel, congressional authorities and 

18 funds, and programs involved in security sector 

19 assistance and the respective decision-making 

20 timelines; 

21 (B) familiarity with models of military and 

22 police security force systems and basic knowl23 edge of structures and forces of the region to 

24 which the individual is deployed; and 


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1 (C) familiarity with security sector reform 

2 and United States interagency and external re3 sources and experts. 

4 (3) COORDINATION.—The curriculum estab5 lished pursuant to paragraph (2) should be provided 

6 in coordination with the Defense Security Coopera7 tion Agency’s Defense Institute of Security Coopera8 tion Studies. 

9 SEC. 923. POLICIES AND GUIDANCE FOR REGIONAL BU10 REAUS OF THE DEPARTMENT. 

11 (a) POLICIES AND GUIDANCE.—The Secretary shall 

12 establish policies and guidance for each regional bureau 

13 of the Department to coordinate security sector assistance 

14 and related policy for foreign countries identified on the 

15 list required under section 921(b). 

16 (b) COORDINATOR FOR REGIONAL BUREAU.— 

17 (1) IN GENERAL.—The assistant secretary for 

18 each regional bureau of the Department shall des19 ignate an individual who is an officer of the regional 

20 bureau to be responsible for coordinating security 

21 sector assistance and related policy within the re22 sponsibilities of such regional bureau, including the 

23 integration of the foreign security sector policy pri24 orities established by the Secretary, acting under the 

25 direction of the President. 


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1 (2) TRAINING.—The assistant secretary for 

2 each regional bureau of the Department shall ensure 

3 that each individual designated under paragraph (1) 

4 for such regional bureau receives the specialized 

5 training described in section 2(b) to prepare such in6 dividual to carry out the duties described in para7 graph (1). 

8 SEC. 924. OFFICE FOR SECURITY SECTOR ASSISTANCE IN 

9 THE DEPARTMENT. 

10 (a) DESIGNATION.—The Secretary of State shall des11 ignate an office in the Department, to be known as the 

12 Office for Security Sector Assistance, to serve as a central 

13 coordinating point for security sector assistance. 

14 (b) PERSONNEL.—The Office of Security Sector As15 sistance should include personnel detailed from within the 

16 Department’s relevant functional bureaus and personnel 

17 from the United States Agency for International Develop18 ment and other relevant Federal departments and agen19 cies. 

20 (c) DUTIES.—The Office for Security Sector Assist21 ance shall— 

22 (1) create, respond to, and coordinate security 

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1 egies by United States embassies and regular plan2 ning by regional bureaus of the Department; 

3 (2) maintain awareness of security sector as4 sistance programs administered by the Department, 

5 the United States Agency for International Develop6 ment, and other Federal departments and agencies, 

7 including managing the Department’s review and 

8 concurrence process under section 333 of title 10, 

9 United States Code; 

10 (3) convene appropriate offices and personnel 

11 required for working-level interagency coordination; 

12 and 

13 (4) ensure awareness of and making use of best 

14 practices in the design, implementation, monitoring 

15 and evaluation of security sector assistance. 

16 (d) EXCEPTION.—The requirements of this section 

17 shall not apply if the Secretary certifies to the Committee 

18 on Foreign Affairs of the House of Representatives and 

19 the Committee on Foreign Relations of the Senate that 

20 the Department has established an alternative mechanism 

21 for the effective coordination of security sector assistance. 

22 Such certification shall describe such alternative mecha23 nism to achieve the objectives described in this section. 


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1 SEC. 925. DATABASE FOR SECURITY ASSISTANCE. 

2 (a) IN GENERAL.—The President should seek to en3 sure that the Department, the Department of Defense, 

4 and other appropriate Federal agencies are able to share 

5 a common database of information that permits the identi6 fication of security assistance programs and funding by 

7 country. 

8 (b) GAO REPORT.—Not later than one year after the 

9 date of the enactment of this Act, the Comptroller General 

10 of the United States shall submit to the appropriate con11 gressional committees a report that assesses existing bar12 riers to data sharing and exchanges that would assist in 

13 planning, assessing, and tracking security sector assist14 ance. 

15 SEC. 926. DEFINITIONS. 

16 In this subtitle: 

17 (1) APPROPRIATE CONGRESSIONAL COMMIT18 TEES.—The term ‘‘appropriate congressional com19 mittees’’ means— 

20 (A) means the Committee on Appropria21 tions, the Committee on Armed Services, and 

22 the Committee on Foreign Affairs of the House 

23 of Representatives; and 

24 (B) the Committee on Appropriations, the 

25 Committee on Armed Services, and the Com26 mittee on Foreign Relations of the Senate. 


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1 (2) SECURITY SECTOR ASSISTANCE.—The term 

2 ‘‘security sector assistance’’ means— 

3 (A) assistance under chapter 8 (relating to 

4 international narcotics control) of part I of the 

5 Foreign Assistance Act of 1961; 

6 (B) assistance under chapter 2 (military 

7 assistance), chapter 5 (international military 

8 education and training), chapter 6 (peace9 keeping operations), chapter 8 (antiterrorism 

10 assistance), and chapter 9 (nonproliferation and 

11 export control assistance) of part II of the For12 eign Assistance Act of 1961; 

13 (C) assistance under section 23 of the 

14 Arms Export Control Act (relating to the For15 eign Military Financing program); or 

16 (D) sales of defense articles or defense 

17 services, extensions of credits (including partici18 pations in credits), and guaranties of loans 

19 under the Arms Export Control Act. 


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1 Subtitle C—Modifications of Au2 thorities That Provide for Re3 scission of Determinations of 

4 Countries as State Sponsors of 

5 Terrorism 

6 SEC. 931. MODIFICATIONS OF AUTHORITIES THAT PROVIDE 

7 FOR RESCISSION OF DETERMINATIONS OF 

8 COUNTRIES AS STATE SPONSORS OF TER9 RORISM. 

10 (a) PROHIBITION ON ASSISTANCE TO GOVERNMENTS

11 SUPPORTING INTERNATIONAL TERRORISM.—Section 

12 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 

13 2371) is amended— 

14 (1) in subsection (c)(2)— 

15 (A) in the matter preceding subparagraph 

16 (A), by striking ‘‘45 days’’ and inserting ‘‘90 

17 days’’; and 

18 (B) in subparagraph (A), by striking ‘‘6- 

19 month period’’ and inserting ‘‘24-month pe20 riod’’; 

21 (2) by redesignating subsection (d) as sub22 section (e); 

23 (3) by inserting after subsection (c) the fol24 lowing: 


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1 ‘‘(d) DISAPPROVAL OF RESCISSION.—No rescission 

2 under subsection (c)(2) of a determination under sub3 section (a) with respect to the government of a country 

4 may be made if the Congress, within 90 days after receipt 

5 of a report under subsection (c)(2), enacts a joint resolu6 tion described in subsection (f)(2) of section 40 of the 

7 Arms Export Control Act with respect to a rescission 

8 under subsection (f)(1) of such section of a determination 

9 under subsection (d) of such section with respect to the 

10 government of such country.’’; 

11 (4) in subsection (e) (as redesignated), in the 

12 matter preceding paragraph (1), by striking ‘‘may 

13 be’’ and inserting ‘‘may, on a case-by-case basis, 

14 be’’; and 

15 (5) by adding at the end the following new sub16 section: 

17 ‘‘(f) NOTIFICATION AND BRIEFING.—Not later 

18 than— 

19 ‘‘(1) ten days after initiating a review of the ac20 tivities of the government of the country concerned 

21 within the 24-month period referred to in subsection 

22 (c)(2)(A), the President, acting through the Sec23 retary of State, shall notify the Committee on For24 eign Affairs of the House of Representatives and the 


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1 Committee on Foreign Relations of the Senate of 

2 such initiation; and 

3 ‘‘(2) 20 days after the notification described in 

4 paragraph (1), the President, acting through the 

5 Secretary of State, shall brief such committees on 

6 the status of such review.’’. 

7 (b) ARMS EXPORT CONTROL ACT.—Section 40 of the 

8 Arms Export Control Act (22 U.S.C. 2780) is amended— 

9 (1) in subsection (f)— 

10 (A) in paragraph (1)(B)— 

11 (i) in the matter preceding clause (i), 

12 by striking ‘‘45 days’’ and inserting ‘‘90 

13 days’’; and 

14 (ii) in clause (i), by striking ‘‘6-month 

15 period’’ and inserting ‘‘24-month period’’; 

16 and 

17 (B) in paragraph (2)— 

18 (i) in subparagraph (A), by striking 

19 ‘‘45 days’’ and inserting ‘‘90 days’’; and 

20 (ii) in subparagraph (B), by striking 

21 ‘‘45-day period’’ and inserting ‘‘90-day pe22 riod’’; 

23 (2) in subsection (g), in the matter preceding 

24 paragraph (1), by striking ‘‘may waive’’ and insert25 ing ‘‘may, on a case-by-case basis, waive’’; 


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1 (3) by redesignating subsection (l) as subsection 

2 (m); and 

3 (4) by inserting after subsection (k) the fol4 lowing new subsection: 

5 ‘‘(l) NOTIFICATION AND BRIEFING.—Not later 

6 than— 

7 ‘‘(1) ten days after initiating a review of the ac8 tivities of the government of the country concerned 

9 within the 24-month period referred to in subsection 

10 (f)(1)(B)(i), the President, acting through the Sec11 retary of State, shall notify the Committee on For12 eign Affairs of the House of Representatives and the 

13 Committee on Foreign Relations of the Senate of 

14 such initiation; and 

15 ‘‘(2) 20 days after the notification described in 

16 paragraph (1), the President, acting through the 

17 Secretary of State, shall brief such committees on 

18 the status of such review.’’. 

19 (c) EXPORT ADMINISTRATION ACT OF 1979.— 

20 (1) IN GENERAL.—Section 6(j) of the Export 

21 Administration Act of 1979 (50 U.S.C. App. 

22 2405(j)), as continued in effect under the Inter23 national Emergency Economic Powers Act, is 

24 amended— 

25 (A) in paragraph (4)(B)— 


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1 (i) in the matter preceding clause (i), 

2 by striking ‘‘45 days’’ and inserting ‘‘90 

3 days’’; and 

4 (ii) in clause (i), by striking ‘‘6-month 

5 period’’ and inserting ‘‘24-month period’’; 

6 (B) by redesignating paragraphs (6) and 

7 (7) as paragraphs (7) and (8), respectively; and 

8 (C) by inserting after paragraph (4) the 

9 following new paragraphs: 

10 ‘‘(5) DISAPPROVAL OF RESCISSION.—No rescission 

11 under paragraph (4)(B) of a determination under para12 graph (1)(A) with respect to the government of a country 

13 may be made if the Congress, within 90 days after receipt 

14 of a report under paragraph (4)(B), enacts a joint resolu15 tion described in subsection (f)(2) of section 40 of the 

16 Arms Export Control Act with respect to a rescission 

17 under subsection (f)(1) of such section of a determination 

18 under subsection (d) of such section with respect to the 

19 government of such country. 

20 ‘‘(6) NOTIFICATION AND BRIEFING.—Not later 

21 than— 

22 ‘‘(A) ten days after initiating a review of the 

23 activities of the government of the country concerned 

24 within the 24-month period referred to in paragraph 

25 (4)(B)(i), the President, acting through the SecVerDate Sep 11 2014 04:49 May 01, 2018 Jkt 079200 PO 00000 Frm 00148 Fmt 6652 Sfmt 6201 E:\BILLS\H5592.IH H5592

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1 retary and the Secretary of State, shall notify the 

2 Committee on Foreign Affairs of the House of Rep3 resentatives and the Committee on Foreign Rela4 tions of the Senate of such initiation; and 

5 ‘‘(B) 20 days after the notification described in 

6 paragraph (1), the President, acting through the 

7 Secretary and the Secretary of State, shall brief 

8 such committees on the status of such review.’’. 

9 (2) REGULATIONS.—The President shall amend 

10 the Export Administration Regulations under sub11 chapter C of chapter VII of title 15, Code of Federal 

12 Regulations, to the extent necessary and appropriate 

13 to carry out the amendment made by paragraph (1). 

Æ 


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