Department of State Authorities Act, Fiscal Year 2018

To authorize the Department of State for Fiscal Year 2018, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Department of State Authorities Act, Fiscal Year 2018 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Organization of the Department of State Sec. 101. Sense of Congress on importance of Department of State’s work. Sec. 102. Reorganization authority. Sec. 103. Sense of Congress regarding need for congressional authorization prior to USAID reorganization. Sec. 103 104 Sec. 104 105 Sec. 105 106 Sec. 106 107 Sec. 107 108 Sec. 108 109 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. Consolidation of small diplomatic posts. Sec. 206. Long-range planning process. Sec. 207. Value engineering and risk assessment. Sec. 208. Business volume. Sec. 209. Comptroller General report on project management skills. Sec. 210. Embassy security requests and deficiencies. TITLE III—Personnel issues Sec. 301. Special appointments. Sec. 302. Defense Base Act insurance waivers. Sec. 303. 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. TITLE IV—Diversity Sec. 401. Definitions. Sec. 402. Collection, analysis, and dissemination of workforce data. Sec. 403. Exit interviews or surveys. Sec. 404. Recruitment. Sec. 405. Payne fellowship authorization. Sec. 406. Voluntary participation. TITLE V—Information Security Sec. 501. Definitions. Sec. 502. Information technology system security. Sec. 503. Improving FOIA process. Sec. 504. Annual report on security violations. Sec. 505. Classified information spillage. Sec. 506. Emergency 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. American Spaces review. Sec. 602. Improving research and evaluation of public diplomacy. TITLE VII—Combating public corruption Sec. 701. Definitions. Sec. 702. Sense of Congress. Sec. 703. Annual report. Sec. 704. Additional factors for assessing government efforts to combat public corruption. Sec. 705. Designation of embassy anti-corruption points of contact. Sec. 706. Interagency working group. Sec. 707. Transparency and accountability. Sec. 708. Resources and reporting requirements. TITLE VIII—Miscellaneous Sec. 801. Recurring reports. Sec. 802. Case-Zablocki reform. Sec. 803. Reporting on implementation of GAO recommendations. 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Foreign Relations of the Senate (B) the Committee on Appropriations of the Senate (C) the Committee on Foreign Affairs of the House of Representatives (D) the Committee on Appropriations of the House of Representatives (2) Department Unless otherwise specified, the term Department (3) Secretary Unless otherwise specified, the term Secretary I Organization of the Department of State 101. Sense of Congress on importance of Department of State’s work It is the sense of Congress that— (1) United States global engagement is key to a stable and prosperous world; (2) United States leadership is indispensable in light of the many complex and interconnected threats facing the United States and the world; (3) challenges such as the global refugee and migration crises, terrorism, historic famine and food insecurity, and fragile or repressive societies cannot be addressed without sustained and robust United States diplomatic and development leadership; (4) the United States Government must use all of the instruments of national security and foreign policy at our disposal to protect United States citizens, promote United States interests and values, and support global stability and prosperity; (5) United States security and prosperity depend on having partners and allies who share our interests and values, and these partnerships are nurtured through United States diplomatic engagement, security partnership, economic statecraft, and assistance that helps to develop shared responses to natural and humanitarian disasters, economic development, and good governance, including the rule of law and democratic institutions; (6) as the United States Government agencies primarily charged with conducting diplomacy and development, the Department and the United States Agency for International Development (USAID) require sustained, robust funding and resources to carry out this important work, which is essential to our ability to project United States leadership and values and to advance the United States interests around the world; (7) the work of the Department and USAID makes the United States and the world safer and more prosperous by alleviating global poverty and hunger, fighting HIV/AIDS and other infectious diseases, strengthening alliances, expanding educational opportunities for women and girls, promoting good governance and democracy, supporting anti-corruption efforts, driving economic development and trade, preventing armed conflicts and humanitarian crises, and creating American jobs and export opportunities; and (8) the Department and USAID are vital national security agencies, whose work is critical to the projection of American power and leadership worldwide, and without which Americans would be less safe, our economic power would be diminished, and global stability and prosperity would suffer. 102. Reorganization authority (a) Notification Not later than 60 days before the Office of Management and Budget (OMB) submits its final Government-wide Reform Plan pursuant to the March 31, 2017 March 13, 2017 Comprehensive Plan for Reorganizing the Executive Branch (b) Elements The report referred to in subsection (a) may be a brief or a written report and shall include the following elements: (1) The principles and goals of such reorganization. (2) The justification for the reorganization. (3) An assessment of the projected impact of the reorganization. (4) Recommendations for any legislative authorities required to implement the proposed reorganization. (b) Elements The report referred to in subsection (a) may be a brief or a written report and shall include the following elements: (1) The principles and goals of such reorganization, including the timeline under which the proposed organizational changes will be implemented. (2) The justification for the reorganization, specifically with reference to the bureaus, offices, or positions of the Department or of USAID that would be proposed to be eliminated, created, or altered by such reorganization. (3) An assessment of the projected impact of the reorganization on United States diplomacy and development efforts. (4) Recommendations for any legislative authorities required to implement the proposed reorganization. (c) Consultation Not later than 30 days after the notification referred to in subsection (a), the Secretary, in coordination with the Director of OMB and the USAID Administrator, shall consult with the appropriate congressional committees regarding the reorganization plan. (d) Reporting or briefing requirement Not later than 60 days after the notification referred to in subsection (a), the Secretary, in coordination with the Director of OMB and the USAID Administrator, shall— (1) brief or submit a report to the appropriate congressional committees on how advice received pursuant to subsection (c) will be incorporated into the reform plan; or (2) submit the plan to such committees. (e) Temporary limitation The Department and USAID may not implement any provisions of the Government-wide Reform Plan until 30 days after the plan is submitted pursuant to subsection (a). (e) Temporary limitation The Department and USAID shall not implement any provisions of the Government-wide Reform Plan until 60 days after it is submitted by OMB. (f) Limitation Any plan for the reorganization of the Department and USAID— (1) shall preserve the independence of USAID and its authority to directly oversee its mission to end extreme poverty and promote resilient, democratic societies, while advancing the security and prosperity of the United States; and (2) may not involve the subordination of USAID to the Department or any other Federal agency. (f) (g) Rule of construction Nothing in this section may be construed as superseding any law that requires the establishment of certain bureaus and offices of the Department or USAID. 103. Sense of Congress regarding need for congressional authorization prior to USAID reorganization It is the sense of Congress that, pursuant to section 1413 of the Foreign Affairs Reform and Restructuring Act of 1998 ( 22 U.S.C. 6563 103 104 National diplomacy and development strategy (a) Sense of Congress It is the sense of Congress that— (1) the latest iteration of the Joint Strategic Plan developed by the Department and USAID does not adequately address the strategic priorities of the United States, identify key threats and opportunities, or offer the rationale for making hard choices with regard to limited resources; and (2) additional requirements to the Joint Strategic Plan are necessary to encourage the development of a national diplomacy and development strategy, elements of which shall be provided to Congress in classified form. (b) Enhancement of joint strategic plan for the department and usaid In addition to meeting the requirements described in section 306 of title 5, United States Code, the strategic plan developed by the Department and USAID shall— (1) refer to and support the most recent national security strategy report submitted pursuant to section 108 of the National Security Act of 1947 ( 50 U.S.C. 3043 (2) be integrated and coordinated with other relevant national-level plans and with the strategic plans of other Federal departments and agencies, including the current National Defense Strategy; (3) prioritize the leading worldwide diplomatic and development interests and objectives of the United States and the leading threats and challenges associated with those interests and objectives; (4) identify the major diplomatic, economic, and assistance approaches designed to support and further the worldwide interests, goals, commitments, and policies that are vital to the national security of the United States; (5) describe how the diplomatic and development community will utilize personnel, partnerships, alliances, industry, technology, international and nongovernmental organizations, and other capabilities to execute the efforts described in paragraph (4); (6) outline the organizational roles and missions of the elements of the diplomatic and development community as part of an integrated enterprise, and how those elements coordinate and collaborate with other Federal departments and agencies supporting the national security strategy of the United States; (7) include an assessment of each bureau headed by an Assistant Secretary of State or an Assistant Administrator of USAID regarding its current and anticipated contribution to the overall strategic plan, including analysis of personnel, responsibilities, performance, and chain of management; (8) identify sources of strategic, institutional, programmatic, fiscal, and technological risk; (9) analyze factors that may affect the diplomatic and development community’s performance in pursuing the efforts described in paragraph ( 3 4 (10) identify extraordinary resources and statutory authorities that may be necessary to implement this strategy. (c) Form The plan required under subsection (b) shall be transmitted in both classified and unclassified form. (d) Submission to Congress Not later than 30 days after submission of the strategic plan required under section 306 of title 5, United States Code, the Secretary shall submit the classified annex under subsection (c) to the appropriate congressional committees and to the Committees on Armed Services of the Senate and the House of Representatives. 104 105 Office of Global Women’s Issues (a) In general The Secretary should establish an Office of Global Women’s Issues (referred to in this section as the Office (b) Purpose The Office should coordinate efforts of the United States Government, as directed by the Secretary, regarding gender equality and advancing the status of women and girls in United States foreign policy. (c) Duties The Office— (1) should serve as the principal advisor to the Secretary regarding gender equality, women’s empowerment, and violence against women and girls as a foreign policy matter; (2) should represent the United States in diplomatic and multilateral fora on matters relevant to the status of women and girls; (3) should advise the Secretary and provide input on all activities, policies, programs, and funding relating to gender equality and the advancement of women and girls internationally for all bureaus and offices of the Department and in the international programs of all other Federal agencies; (4) should work to ensure that efforts to advance gender equality and women’s empowerment are fully integrated into the programs, structures, processes, and capacities of all bureaus and offices of the Department and in the international programs of other Federal agencies; (5) should direct, as appropriate, United States resources to respond to needs for gender equality and empowerment of women in United States foreign policies and international programs; (6) may design, support, and implement activities regarding empowerment of women internationally; and (7) should conduct regular consultation with civil society organizations working to advance gender equality and empower women and girls internationally. (d) Supervision The Office should be headed by— an Ambassador-at-large for Global Women’s Issues who exercises significant authority, reports to the President or Secretary, and is appointed by the President or Secretary with the advice and consent of the Senate. (1) a senior advisor to the appropriate Assistant Secretary; or (2) an officer exercising significant authority who reports to the President or Secretary, appointed by and with the advice and consent of the Senate. (e) Report Not later than 180 days after the date of the enactment of this Act, the Secretary shall provide a report or briefing to the appropriate congressional committees of the steps taken to fulfill the duties of the Office set forth in subsection (c). 105 106 Office of International Religious Freedom (a) In general Section 101(c)(4) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6411(c)(4) (1) in subparagraph (A), by striking ; and (2) in subparagraph (B), by striking the period at the end and inserting ; and (3) by adding at the end the following new subparagraph: (C) shall supervise any special envoy, special representative, or office with responsibility for protecting international religious freedom, protecting religious minorities, or advising the Secretary on matters relating to religion. . (b) In general Section 59(a)(2) of the State Department Basic Authorities Act of 1956 is amended by adding at the end the following new subparagraph: (C) Oversight To promote a cohesive and integrated foreign policy regarding international religious freedom, the Special Envoy shall be placed under the supervision of the Ambassador at Large for International Religious Freedom. . 106 107 Bureau of Democracy, Human Rights, and Labor (a) In general Subtitle A of the ADVANCE Democracy Act of 2007 ( 22 U.S.C. 8211 2114. Bureau of Democracy, Human Rights, and Labor (a) Establishment There should shall Bureau should shall (b) Duties The Bureau is authorized— (1) to promote democracy and actively support human rights throughout the world in accordance with this subtitle; (2) to promote the rule of law and good governance throughout the world; (3) to strengthen civil society programs and organizations; (4) to produce the annual Country Reports on Human Rights, in conjunction with embassies and regional bureaus; (5) to lead the implementation of section 620M of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2378d Leahy Law 22 U.S.C. 2370c 22 U.S.C. 2751 (6) coordinate programs to implement the May 2011 Department of State International Cyberspace Policy Strategy. (c) Bilateral economic assistance programs The Bureau is authorized to provide bilateral economic assistance from amounts appropriated or otherwise made available for the Economic Support Fund and other foreign assistance accounts to support activities described in subsection (b) and for the purpose of oversight and control of— (1) the Human Rights and Democracy Fund; (2) the Human Rights Defenders Fund; (3) the Global Equality Fund; (4) the Global Anti-Corruption Consortium; and (5) the Global Internet Freedom Fund; (d) Efficiency The Assistant Secretary shall take whatever actions may be necessary to minimize the duplication of efforts within the Bureau. (e) Local oversight United States missions, to the extent practicable, should assist in exercising oversight authority and coordinate with the Bureau to ensure that funds are appropriately used and comply with anti-corruption practices. . (b) Clerical amendment The table of contents in section 1(b) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( Public Law 110–53 2114. Bureau of Democracy, Human Rights, and Labor. . 107 108 Assistant Secretary for International Narcotics and Law Enforcement Affairs Section 1(c) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a(c) (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following new paragraph: (3) Assistant Secretary for International Narcotics and Law Enforcement Affairs (A) In general There should shall should shall (B) Areas of responsibility The Assistant Secretary for International Narcotics and Law Enforcement Affairs should shall (i) Combatting international narcotics production and trafficking, including the illicit cultivation of crops used to produce narcotics. (ii) Strengthening foreign justice systems, including judicial and prosecutorial capacity, appeals systems, law enforcement agencies, and prison systems. (iii) Training foreign military and police, including vetting all foreign personnel who receive such assistance from the United States Government. (iv) Ensuring the inclusion of human rights issues in law enforcement programs, in consultation with the Assistant Secretary for Democracy, Human Rights, and Labor. (v) Combating all forms of illicit trafficking, including human trafficking arms trafficking, and the illicit smuggling of bulk cash. (vi) Identifying and responding to global corruption, including strengthening the capacity of foreign government institutions responsible for addressing financial crimes. . 108 109 Office of International Disability Rights (a) Establishment There should be established in the Department an Office of International Disability Rights (referred to in this section as the Office (b) Duties The Office should— (1) seek to ensure that all United States foreign operations are accessible to, and inclusive of, persons with disabilities; (2) promote the human rights and full participation of persons with disabilities in all international development activities funded by the United States Government; and (3) promote disability inclusive practices and the training of Department staff on soliciting quality programs that are fully inclusive of people with disabilities. (c) Supervision The Office may be headed by— (1) a senior advisor to the appropriate Assistant Secretary; or (2) an officer exercising significant authority who reports to the President or Secretary, appointed by and with the advice and consent of the Senate. (d) Conforming amendment Section 579(b) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 (division D of Public Law 108–447 II Embassy construction 201. Standard design in capital construction (a) Findings Congress finds that the decision by the Department’s Bureau of Overseas Buildings Operations ( OBO (1) increased the cost of building new embassies and consulates; (2) delayed the move of thousands of staff from facilities that do not meet current security standards to new, secure facilities; (3) exacerbated certain deficiencies in the quality of the Bureau’s program management; and (4) been a factor in reduced competition for capital construction projects. (b) Sense of congress It is the sense of Congress that the OBO should give appropriate consideration to Standard Embassy Design, in which each new embassy and consulate starts with a standard design and keeps customization to a minimum. (c) Consultation The Secretary shall carry out any new embassy compound or new consulate compound project that is in the design phase or pre-design phase as of the date of the enactment of this Act and that utilizes a non-standard design in consultation with the appropriate congressional committees. The Department shall provide the appropriate congressional committees, for each such project, the following documentation: (1) A comparison of the estimated full lifecycle costs of the project to the estimated full lifecycle costs of the project if it were to use a standard embassy design. (2) A comparison of the estimated completion date of the project to the estimated completion date of the project if it were to use a standard embassy design. (3) A comparison of the security of the completed project to the security of the completed project if it were to use a standard embassy design. (4) A justification for the Secretary’s selection of a non-standard design over a standard design for the project. (d) Non-standard design defined In this section the term non-standard design 202. Capital construction transparency (a) In general Section 118 of the Department of State Authorities Act, Fiscal Year 2017 ( 22 U.S.C. 304 (1) in the section heading , by striking Annual report on embassy construction costs Quarterly report on overseas capital construction projects (2) by striking subsections (a) and (b) and inserting the following new subsections: (a) In general Not later than 180 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary shall submit to the appropriate congressional committees a comprehensive report regarding all ongoing overseas capital construction projects and major embassy security upgrade projects. (b) Contents Each report required under subsection (a) shall include the following with respect to each ongoing overseas capital construction project and major embassy security upgrade project: (1) The initial cost estimate as specified in the proposed allocation of capital construction and maintenance funds required by the Committees on Appropriations for Acts making appropriations for the Department of State, foreign operations, and related programs. (2) The current cost estimate. (3) The value of each request for equitable adjustment received by the Department of State to date. (4) The value of each certified claim received by the Department of State to date. (5) The value of any usage of the project’s contingency fund to date and the value of the remainder of the project’s contingency fund. (6) An enumerated list of each request for adjustment and certified claim that remains outstanding or unresolved. (7) An enumerated list of each request for equitable adjustment and certified claim that has been fully adjudicated or that the Department has settled, and the final dollar amount of each adjudication or settlement. (8) The date of estimated completion specified in the proposed allocation of capital construction and maintenance funds required by the Committees on Appropriations not later than 45 days after that date of the enactment of an Act making appropriations for the Department of State, foreign operations, and related programs. (9) The current date of estimated completion. . 203. Contractor performance information (a) Deadline for completion The Secretary shall complete all contractor performance evaluations required by subpart 42.15 of the Federal Acquisition Regulation by October 1, 2020. (b) Prioritization system (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary shall develop a prioritization system for clearing the current backlog of required evaluations. (2) Elements The system required under paragraph (1) should prioritize the evaluations as follows: (A) Project completion evaluations should be prioritized over annual evaluations. (B) Evaluations for relatively large contracts should have priority. (C) Evaluations that would be particularly informative for the awarding of government contracts should have priority. (c) Briefing Not later than 90 days after the date of the enactment of this Act, the Secretary shall brief the appropriate congressional committees on the Department's plan for completing all evaluations by October 1, 2020, and the prioritization system developed pursuant to this section. (d) Sense of Congress It is the sense of Congress that— (1) contractors deciding whether to bid on Department contracts would benefit from greater understanding of the Department as a client; and (2) the Department should develop a forum where contractors can rate the Department’s project management performance. 204. Growth projections for new embassies and consulates (a) In general For each new embassy compound (NEC) and new consulate compound project (NCC) in or not yet in the design phase as of the date of the enactment of this Act, the Office of Management Policy, Rightsizing, and Innovation shall project growth over the estimated life of the facility using all available and relevant data, including— (1) relevant historical trends for Department personnel and personnel from other agencies represented at post; (2) an analysis of the tradeoffs between risk and the needs of United States Government policy conducted as part of the most recent Vital Presence Validation Process, if applicable; and (3) reasonable assumptions about the strategic importance of the post over the life of the building. (3) reasonable assumptions about the strategic importance of the post over the life of the building; and (4) any other data that would be helpful in projecting the future growth of the post. (b) Other agencies Other agencies represented at the post shall provide to the Department, upon request, growth projections for their own personnel over the estimated life of the facility. (c) Basis for estimates The Department shall base its growth assumption for all NECs and NCCs on the estimates required under subsections (a) and (b). (d) Zero net growth requirement The growth assumed for NECs and NCCs pursuant to subsection (c) should be offset by staff reductions at other posts such that there is zero net growth over the period covered by the Long-Range Overseas Building Plan required under section 206. (d) Congressional notification Any congressional notification of site selection for a NEC or NCC submitted after the date of enactment of this Act shall include the growth assumption used pursuant to subsection (c). 205. Consolidation of small diplomatic posts (a) New embassies and consulates Prior to initiating the site selection process for any new embassy or consulate for a diplomatic post that has employed 10 or fewer United States Government employees on average over the 3 years prior to the date of the enactment of this Act, the Secretary shall conduct an analysis of alternatives, including consolidating such post with other nearby diplomatic posts. (b) Notification Not later than 30 days after conducting an analysis of alternatives pursuant to subsection (a), the Secretary shall notify the appropriate congressional committees of the results of the analysis. (c) Existing small diplomatic posts Not later than 305 days after the date of the enactment of this Act, the Department shall complete a cost-benefit analysis for maintaining any consulate that has employed five or fewer United States Government employees on average over the three years prior to the date of the enactment of this Act. Each analysis shall include, at minimum— (1) the full cost of maintaining the consulate; (2) any policy value or value that other United States Government tenants derive from having a presence at such location; (3) the value of having a consular presence in such location, including for the provision of United States citizen services; (4) input from the consulate on any unique operational or policy value it provides; and (5) alternative locations for consular and United States citizen services. (d) Report Not later than one year after the date of the enactment of this Act, the Department shall brief or report to Congress on the results of the analyses required under this section. 206. Long-range planning process (a) Plans required (1) In general The Department shall annually develop— (A) a comprehensive 6-year plan documenting the Department’s overseas building program for the replacement of the least secure embassies and consulates around the world, known as a Long-Range Overseas Buildings Plan (LROBP); and (B) a comprehensive 6-year plan detailing the Department’s long-term planning for the maintenance and sustainment of completed facilities, known as a Long-Range Overseas Maintenance Plan (LROMP). (2) Updated information The annual updates of the plans developed pursuant to paragraph (1) shall highlight any changes from the previous year’s plan to the ordering of construction and maintenance projects. (b) Reporting requirements (1) Submission of plans to Congress Not later than 60 days after the completion of the LROBP and the LROMP, the Department shall submit the plans to the appropriate congressional committees. (2) Reference in budget justification materials In the budget justification materials submitted to the appropriate congressional committees in support of the Department’s budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), the plans outlined in the LROBP and LROMP shall be referenced to justify funding requested for building and maintenance projects overseas. (3) Form of report The report required under paragraph (1) shall be submitted in unclassified form but may include a classified index. 207. Value engineering and risk assessment (a) Findings Congress makes the following findings: (1) Federal departments and agencies are required to use value engineering (VE) as a management tool, where appropriate, to reduce program and acquisition costs pursuant to OMB Circular A–131, Value Engineering, dated December 31, 2013. (2) OBO has a Standard Operation Procedure, dated March 7, 2005, on conducting risk assessment studies in the International Project Risk Assessment (IPRA) method on all international construction projects. (b) Notification requirements (1) Submission to authorizing committees The proposed allocation of capital construction and maintenance funds that is required by the Committees on Appropriations not later than 45 days after the date of the enactment of an Act making appropriations for the Department of State, foreign operations, and related programs shall also be submitted to the Committee on Foreign Relations of the Senate Committee on Foreign Affairs of the House of Representatives (2) Requirement to confirm completion of value engineering and risk assessment studies The notifications required under paragraph (1) shall include confirmation that the Department has completed the requisite VE and risk assessment studies described in subsection (a). (c) Reporting and briefing requirements The Department shall provide to the appropriate congressional committees upon request— (1) a description of each recommendation from each study described in subsection (a) and a table detailing which recommendations were accepted and which were rejected; and (2) a report or briefing detailing the rationale for not implementing recommendations made by VE studies that may yield significant cost savings to the Department, if implemented. 208. Business volume Section 402(c)(2)(E) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 ( 22 U.S.C. 4852(c)(2)(E) in 3 years cumulatively over 3 years 209. Comptroller General report on project management skills Not later than 270 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the Department’s development of construction engineers and program management practices, including— (1) an evaluation of the Department’s efforts to— (A) recruit qualified construction engineers; (B) improve the skills of its construction engineers, especially in the area of project management; and (C) rate the performance of its construction engineers, especially during their assignments as project directors of new embassy compounds or new consulate compounds; (2) an evaluation of the Department’s implementation of the Program Management Improvement Accountability Act of 2016; and (3) recommendations stemming from the evaluations conducted pursuant to paragraphs (1) and (2). 210. Embassy security requests and deficiencies The Secretary shall provide to the appropriate congressional committees upon request information on security deficiencies at United States diplomatic posts, including— (1) requests made over the previous year by United States diplomatic posts abroad for security upgrades; and (2) significant security deficiencies at United States diplomatic posts abroad that are not operating out of a new embassy compound or new consulate compound. III Personnel issues 301. Special appointments (a) Report on positions Not later than 30 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report including— (1) recommendations regarding whether to maintain in the Department each currently existing Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, or Special Advisor, including those listed in the report submitted by the Department to the Committee on Foreign Relations of the Senate on April 14, 2017, pursuant to section 418 of the Department of State Authorities Act, Fiscal Year 2017 ( Public Law 114–323 (2) the justification supporting each of the Secretary’s recommendations made under paragraph (1). (b) Advice and consent Not later than 90 days after the report required by subsection (a) is submitted to the appropriate congressional committees, the Secretary shall present any Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, or Special Advisor that is to be maintained by the Department and that is not expressly authorized by a provision of law enacted by Congress to the Committee on Foreign Relations for the advice and consent of the Senate. (c) Rule of construction regarding establishment of positions Nothing in this section shall be construed as prohibiting the Secretary from establishing or maintaining any Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, or Special Advisor position so long as the appointee is established for a specified term and presented to the Committee on Foreign Relations for the advice and consent of the Senate within 90 days of appointment. (d) Limited exception for the temporary appointment The Secretary may maintain or establish a position with the title Special Envoy, Special Representative, Special Coordinator, Special Negotiator, or Special Advisor for a limited period not longer than 180 days without seeking the advice and consent of the Senate if the Secretary notifies the Committee on Foreign Relations of the Senate at least 15 days prior to appointment, including— (1) a certification that the position is not expected to demand the exercise of significant authority pursuant to the laws of the United States; (2) a description of the duties and purpose of the appointment; and (3) the rationale for assigning the specific title. (e) Renewal of temporary appointment Nothing in this section shall be construed as prohibiting the Secretary from renewing any position established under subsection (d) so long as the Secretary complies with the notification requirements contained therein. (f) Funding restrictions (1) Positions not presented for advice and consent Beginning not later than 120 days after the date of the enactment of this Act, no funds may be obligated or expended for— (A) any Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, or Special Advisor position at the Department exercising significant authority pursuant to the laws of the United States that is not being served by an individual who has been presented to the Committee on Foreign Relations for the advice and consent of the Senate pursuant to subsection (b); or (B) any staff or resources related to such a position until such time as the appointed individual has been presented to the Committee on Foreign Relations for the advice and consent of the Senate. (2) Temporary positions No funds may be obligated or expended for any position described in subsection (d) or for any staff or resources related to such position unless the Secretary has complied with the notification provisions contained therein. (g) Confirmation for authorized positions No Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, or Special Advisor authorized by a provision of law enacted by Congress (except the position authorized by section 621 of the Tibetan Policy Act of 2002 (subtitle B of title VI of Public Law 107–228 22 U.S.C. 6901 (h) Elimination of special representative and policy coordinator for burma Section 7 of the Tom Lantos Block Burmese Jade Act of 2008 ( Public Law 110–286 50 U.S.C. 1701 302. Defense Base Act insurance waivers (a) Application for waivers Not later than 30 days after the date of the enactment of this Act, the Secretary shall apply to the Department of Labor for a waiver from insurance requirements under the Defense Base Act ( 42 U.S.C. 1651 (b) Certification requirement Not later than 45 days after the date of the enactment of this Act, the Secretary shall certify to the appropriate congressional committees that the requirement in subsection (a) has been met. 303. Allowances (a) Statement of policy It is the policy of the United States that— (1) pay differentials for staffing overseas posts should reflect the various factors affecting the desirability of such posts, including the preference of employees bidding and the dangers or overall hardships of serving in a particular location, as perceived by the actual employees eligible to bid for positions in such locations; and (2) the Secretary should periodically analyze fluctuations in such bidding patterns to ensure that pay differentials reflect— (A) the changing conditions in each post; and (B) the impact of staffing incentives through pay differentials offered during the previous year. (b) Staffing incentive (1) In general Chapter 59 (A) by striking sections 5925 and 5928; and (B) by inserting after section 5924 the following new section: 5925. Staffing incentive (a) Authorization A staffing incentive, not to exceed 70 percent of the basic pay of the employee, may be granted to an employee serving at an overseas post based on the recruitment and retention needs for filling positions at that post if such incentive— (1) compensates the employee for conditions of environment that are substantially and unfavorably different than conditions of environment in the continental United States; (2) compensates the employee for exposure to conditions of civil insurrection, civil war, terrorism, or wartime conditions that threaten physical harm or imminent danger to the health or well-being of the employee; or (3) motivates the employee to serve at a post that is in low demand despite compensation for hardship and danger conditions. (b) Extended detail in a foreign area A staffing incentive may be granted to an employee who is officially stationed in the United States and is on extended detail in a foreign area for as long as the employee continues to serve on such extended detail. (c) Notification requirement The Secretary of State shall notify the appropriate congressional committees of— (1) the implementation of each staffing incentive authorized under this section that applies to employees of the Department of State stationed at an overseas post; and (2) each instance in which implementation of a staffing incentive under this section for an overseas post results in an increase of 5 percent or more or a decrease of 5 percent or more from the staffing incentive offered for service at that post during the previous year. (d) Hardship index; danger level The Secretary of State shall— (1) annually publish a hardship index for each diplomatic post that is based on conditions of environment at that post that differ substantially from conditions of environment in the continental United States; and (2) semiannually rate the danger level of each post based on the Security Environment Threat List. (e) Number of bids The Secretary of State shall— (1) track the number of bids made and how they are ranked for each open position at each overseas post within the Department of State and collect both quantitative and qualitative survey data from eligible bidders on their bid decision-making; (2) collect data from the other foreign service agencies subject to this section on the factors that incentivize their employees to serve at each overseas post; (3) use the information described in paragraphs (1) and (2) to set appropriate staffing incentives at such overseas posts; and (4) make the information described in paragraphs (1) and (2) available, upon request, to the appropriate congressional committees. (f) Appropriate congressional committees defined in this section, the term appropriate congressional committees (1) the Committee on Foreign Relations of the Senate (2) the Committee on Foreign Affairs of the House of Representatives . (2) Clerical amendment The analysis for chapter 59 (A) by striking the items relating to sections 5925 and 5928; and (B) by inserting after the item relating to section 5924 the following new item: 5925. Staffing incentive. . (c) Implementation Not later than 270 days after the date of the enactment of this Act, the head of each Federal agency subject to the amendment made by subsection (b) shall submit a plan to the Speaker of the House of Representatives and the Majority Leader of the Senate that describes how the agency intends— (1) to comply with the policy set forth in subsection (a); and (2) to implement the staffing incentives set forth in section 5925 of title 5, United States Code, as added by subsection (b). 304. Science and technology fellowships Section 504 of the Foreign Relations Authorization Act, Fiscal Year 1979 ( 22 U.S.C. 2656d (e) Grants and cooperative agreements related to science and technology fellowship programs (1) In general The Secretary is authorized to make grants or enter into cooperative agreements related to Department of State science and technology fellowship programs, including, for assistance in recruiting fellows and the payment of stipends, travel, and other appropriate expenses to fellows. (2) Exclusion from consideration as compensation Stipends shall not be considered compensation for purposes of section 209 of title 18, United States Code ( 18 U.S.C. 209 (3) Maximum annual amount The total amount of grants made pursuant to this subsection shall not exceed $500,000 in any fiscal year. . 305. Travel for separated families Section 901(15) of the Foreign Service Act of 1980 ( 22 U.S.C. 4081(15) (1) by striking 1 round-trip per year for each child below age 21 of a member of the Service assigned abroad in the case of one or more children below age 21 of a member of the Service assigned abroad, 1 round-trip per year (2) in subparagraph (A)— (A) by inserting for each child to visit the member abroad (B) by striking ; or (3) in subparagraph (B)— (A) by inserting for each child to visit the other parent (B) by striking resides, resides; or (4) by inserting after subparagraph (B) the following new subparagraph: (C) for one of the child’s parents to visit the child or children abroad if the child or children do not regularly reside with that parent and that parent is not receiving an education allowance or educational travel allowance for the child or children under section 5924(4) of title 5, ; and (5) by striking a payment the cost of a round-trip 306. Home leave travel for separated families Section 903(b) of the Foreign Service Act of 1980 ( 22 U.S.C. 4083(b) In cases where the member's family members reside apart from the member at authorized locations outside the United States because they are prevented by official order from residing at the member’s post of assignment, the member may take the leave ordered under this section where that member's family members reside. 307. Sense of Congress regarding certain fellowship programs It is the Sense of Congress that— (1) the Charles B. Rangel International Affairs Graduate Fellowship Program, the Thomas R. Pickering Foreign Affairs Fellowship Program, and the Donald M. Payne International Development Fellowship Program represent smart investments vital for building a strong, capable, and representative national security workforce; and (2) the Secretary of State and the Administrator of the United States Agency for International Development should fulfill their obligations to each of the Fellows as defined in their original contractual agreement with each Fellow. IV Diversity 401. Definitions In this title: (1) Applicant flow data The term applicant flow data (2) Diversity The term diversity (A) those classes of persons protected under the Civil Rights Act of 1964 ( 42 U.S.C. 2000a 42 U.S.C. 12101 (B) veterans (as defined in section 3.1(d) of title 38, Code of Federal Regulations). (3) Foreign service The term Foreign Service 22 U.S.C. 3902 (4) Member of the foreign service The term member of the Foreign Service 22 U.S.C. 3903 (5) Workforce The term workforce (A) in the civil service (as defined in section 2101 of title 5, United States Code); or (B) as a member of the Foreign Service. 402. Collection, analysis, and dissemination of workforce data (a) Initial report Not later than 180 days after the date of the enactment of this Act, the Secretary shall provide a report to the public that includes aggregate demographic data and other information regarding the diversity of the workforce of the Department. (b) Data The report under subsection (a)— (1) shall include aggregate demographic data— (A) by segment of the workforce of the Department and grade or rank; (B) by foreign service code and civil service job code; (C) relating to attrition and promotion rates; (D) that addresses Department compliance with validated inclusion metrics; (E) that provides demographic comparisons to the relevant civilian labor force; (F) on the diversity of selection boards; (G) on the employment of minority and service-disabled veterans during the most recent 10-year period, including— (i) the number hired through direct hires, internships, and fellowship programs; (ii) the number promoted to senior positions, including positions at class 1 of the Foreign Service Schedule, at level 15 of the General Schedule, in the Senior Executive Service, or in the Senior Foreign Service; and (iii) attrition rates by grade, in the civil service and foreign service, and in the senior positions described in clause (ii); and (H) on mentorship and retention programs; (2) shall include an analysis of applicant flow data, including the percentage, actual numbers, and level of positions for which data are collected, and a discussion of any resulting policy changes or recommendations; (3) shall include demographic data relating to participants in professional development programs of the Department, and the rate of placement into senior positions for participants in such programs; (4) shall include any demographic data relating to the membership of any external advisory committee or board to which individuals in senior positions in the Department appoint members; (5) shall be organized in terms of real numbers and percentages at all levels; and (6) shall be made available in a searchable database format. (c) Recommendation The Secretary may submit a recommendation to the Office of Management and Budget and to the appropriate congressional committees regarding whether the Department should collect more detailed data on demographic categories in addition to the race and ethnicity categories specified in the Office of Management and Budget statistical policy directive entitled Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity (d) Other contents The report under subsection (a) shall describe the efforts of the Department— (1) to propagate fairness, impartiality, and inclusion in the work environment domestically and abroad; (2) to ensure that harassment, intolerance, and discrimination are not tolerated; (3) to refrain from engaging in unlawful discrimination in any phase of the employment process, including recruitment, hiring, evaluation, assignments, promotion, retention, and training; (4) to prevent illegal retaliation against employees for participating in a protected equal employment opportunity activity; (5) to provide reasonable accommodation for qualified employees and applicants with disabilities; (6) to resolve workplace conflicts, confrontations, and complaints in a prompt, impartial, constructive, and timely manner; (7) to recruit a diverse workforce by— (A) recruiting women, minorities, veterans, and undergraduate and graduate students; (B) recruiting at historically Black colleges and universities, Hispanic serving institutions, women’s colleges, and colleges that typically serve majority minority populations; (C) sponsoring and recruiting at job fairs in urban communities; (D) placing job advertisements in newspapers, magazines, and job sites oriented toward women and people of color; (E) providing opportunities through the Foreign Service Internship Program and other hiring initiatives; and (F) recruiting mid-level and senior-level professionals through programs designed to increase minority representation in international affairs; and (8) provide opportunities through— (A) the Charles B. Rangel International Affairs Fellowship Program; (B) the Thomas R. Pickering Foreign Affairs Fellowship Program; and (C) the Donald M. Payne International Development Fellowship Program. (e) Annual updates Not later than one year after the publication of the report under subsection (a), and annually thereafter, the Secretary shall provide a report to the public, which may be included in another annual report required under another provision of law, that includes, in a searchable database format— (1) demographic data and information on the status of diversity and inclusion efforts of the Department; (2) an analysis of applicant flow data; and (3) demographic data relating to participants in professional development programs of the Department and the rate of placement into senior positions for participants in such programs. 403. Exit interviews or surveys (a) Retained members The Director General of the Foreign Service should conduct periodic interviews or surveys with a representative and diverse cross-section of the workforce of the Department— (1) to understand the reasons of the members for remaining in a position in the Department; and (2) to receive feedback on workplace policies, professional development opportunities, and other issues affecting the decision of the members to remain in the Department. (b) Departing members The Director General of the Foreign Service shall provide an opportunity for an exit interview or survey to each member of the workforce of the Department who separates from service with the Department to better understand the member’s reasons for leaving such service. (c) Use of analysis from interviews and surveys The Director General of the Foreign Service shall analyze information obtained through interviews and surveys under subsections (a) and (b) to determine— (1) if and how the diversity of those participating in such interviews and surveys impacts the results; and (2) whether to implement any policy changes or make any recommendations as part of the report required under section 402. (d) Tracking data The Department shall— (1) track demographic data relating to participants in professional development programs and the rate of placement into senior positions for participants in such programs; (2) annually evaluate such data— (A) to identify ways to improve outreach and recruitment for such programs, consistent with merit system principles; and (B) to understand how participation in any program offered or sponsored by the Department under paragraph (1) differs among the diversity groups of the workforce; and (3) actively encourage participation from a range of demographic categories, especially from categories with consistently low participation. 404. Recruitment (a) In general The Secretary should— (1) continue to seek a diverse and talented pool of applicants; and (2) instruct the Director of Human Resources to have a diversity recruitment goal, which should include outreach at appropriate colleges, universities, diversity organizations, and professional associations. (b) Scope The diversity recruitment initiatives described in subsection (a) should include— (1) recruiting at historically Black colleges and universities, Hispanic-serving institutions, women’s colleges, and colleges that typically serve majority minority populations; (2) sponsoring and recruiting at job fairs in urban communities; (3) placing job advertisements in newspapers, magazines, and job sites oriented toward diverse groups; (4) providing opportunities through highly respected, international leadership programs, that focus on diversity recruitment and retention; and (5) cultivating partnerships with organizations dedicated to the advancement of the profession of international affairs and national security to advance shared diversity goals. 405. Payne fellowship authorization (a) In general Undergraduate and graduate components of the Donald M. Payne International Development Fellowship Program may conduct outreach to attract outstanding students who represent diverse ethnic and socioeconomic backgrounds with an interest in pursuing a Foreign Service career. (b) Review of past programs The Secretary shall review past programs designed to increase minority representation in international affairs positions. 406. Voluntary participation (a) In general Nothing in this title should be construed so as to compel any employee to participate in the collection of the data or divulge any personal information. Department employees shall be informed that their participation in the data collection contemplated by this title is voluntary. (b) Privacy protection Any data collected under this title shall be subject to the relevant privacy protection statutes and regulations applicable to Federal employees. V Information Security 501. Definitions In this title: (1) Relevant congressional committees The term relevant congressional committees (A) the appropriate congressional committees; (B) the Select Committee on Intelligence of the Senate (C) the Permanent Select Committee on Intelligence of the House of Representatives (2) Violation The term violation (A) that could reasonably be expected to result in an unauthorized disclosure of classified information; (B) to classify or continue the classification of information contrary to the requirements of an active Executive order or its implementing directives; or (C) to create or continue a special access program contrary to the requirements of an active Executive order. 502. Information technology system security (a) Definitions In this section: (1) Incident The term incident (2) Information system The term information system (3) Penetration test The term penetration test (b) Consultations process Not later than 60 days after the date of the enactment of this Act, the Secretary shall establish a process for conducting semiannual consultations with the Secretary of Defense, the Director of National Intelligence, the Secretary of Homeland Security, and any other department or agency representative that the Secretary determines to be appropriate regarding the security of United States Government and nongovernmental information systems used or operated by the Department, a contractor of the Department, or another organization on behalf of the Department, including any such systems or networks facilitating the use of sensitive or classified information. (c) Independent penetration testing of information systems In coordination with the consultations under subsection (b), the Secretary shall commission independent, semiannual penetration tests, which shall be carried out by an appropriate Federal agency other than the Department, such as the Department of Homeland Security or the National Security Agency, to ensure that adequate policies and protections are implemented to detect and prevent penetrations or compromises of such information systems, including malicious intrusions by any unauthorized individual, state actor, or other entity. (d) Waiver The Secretary may waive the requirement under subsection (c) for up to 180 days if the Secretary— (1) determines that such requirement would have adverse effects on national security or the diplomatic mission of the Department; and (2) not later than 30 days after the commencement of such a waiver, submits a written justification to the relevant congressional committees that describes how such penetration tests would undermine national security or the diplomatic mission of the Department. (e) Incident reporting Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter for five years, the Secretary, in consultation with the Secretary of Defense, the Director of the National Intelligence, the Secretary of Homeland Security, and any other department or agency representative that the Secretary determines to be appropriate, shall securely submit a classified report to the relevant congressional committees that describes in detail— (1) for the first reporting period, all known and suspected incidents of the information systems specified in subsection (b) that occurred during the 180-day period immediately preceding the date of the enactment of this Act; and (2) for all subsequent reporting periods, all known and suspected incidents of the information systems specified in subsection (b) that occurred since the submission of the most recent report. (f) Contents Each report under subsection (e) shall include, for the relevant reporting period— (1) a description of the relevant information system, as specified in subsection (b), that experienced a known or suspected incident; (2) an assessment of the date and time each such incident occurred; (3) an assessment of the duration over which each such incident took place, including whether it is ongoing; (4) an assessment of the volume and sensitivity of information accessed, compromised, or potentially compromised by each incident, including any such information contained on information systems owned, operated, managed, or utilized by any other Federal department or agency; (5) an assessment of whether such information system was compromised by a malicious intrusion, including an assessment of— (A) the known or suspected perpetrators, including state actors; (B) the methods used to carry out the incident; and (C) the known or suspected intent of the actors in accessing the information system; and (6) a description of the actions the Department has taken or plans to take, including timelines and descriptions of any progress on plans described in prior reports, to prevent future, similar incidents of such information systems. (g) Inspector General oversight The Secretary shall— (1) notify the Inspector General for the Department of State and the Broadcasting Board of Governors about all planned penetration tests required under subsection (c); and (2) provide the Inspector General for the Department of State and the Broadcasting Board of Governors with any reports, conclusions, or analyses that are a result of such testing. 503. Improving FOIA process (a) Reform plan Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit a plan to the relevant congressional committees that describes how the reforms described in subsection (b) will be completed within one year after the date of the enactment of this Act. (b) Reforms The Secretary, in consultation with the Director of National Intelligence, shall develop and implement a cost-effective plan for training and maintaining an appropriate number of officials of the Department in— (1) the identification of marked or unmarked classified information in documents or media subject to requests under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act (2) appropriate procedures for coordinating with intelligence officials to ensure that such officials have an opportunity to make a classification determination regarding the classification status and level, if any, of any information potentially originating with the intelligence community. (c) Accountability Not later than 14 months after the date of the enactment of this Act, the Inspector General of the Intelligence Community, in consultation with the Inspector General of the Department of State and the Broadcasting Board of Governors, shall— (1) review the Department’s implementation of the plan required under subsection (a); and (2) submit a report to the relevant congressional committees that assesses the extent to which the Department has implemented the reforms required under subsection (b). 504. Annual report on security violations (a) Annual report Not later than 90 days after the date of the enactment of this Act, and annually thereafter for five years, the Secretary shall submit a report to the relevant congressional committees that includes information on the security violations that occurred during the most recently completed fiscal year, including the unauthorized transfer of marked or unmarked classified information into documents, electronic media or systems, electronic transmissions, or other records or storage not certified for the handling, storage, or transmittal of such information. (b) Elements The reporting of security violations submitted under subsection (a) shall include— (1) the total number of security violations that occurred during the current reporting period, including the number of violations that occurred within each office or bureau of the Department; (2) the number of violations where there was an indication that classified information was compromised or potentially compromised; (3) the number of violations committed by an employee with a history of one or more prior violations; and (4) the number and nature of actions taken by the Department in response to security violations, including— (A) disciplinary actions taken or criminal referrals; and (B) the administration of remedial training in response to any violation or violations. 505. Classified information spillage (a) Detection of classified information spillage Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit a plan to the relevant congressional committees that describes how the reforms described in subsection (b) will be completed within one year after the date of the enactment of this Act. (b) Training program The Secretary, in consultation with the Director of National Intelligence, shall develop a training program for appropriate officials of the Bureau of Diplomatic Security in the best practices for detecting and recognizing classified information spillage, including information originating from the Intelligence Community. (c) Randomized sampling To detect spillage The officials receiving the training described in subsection (b) shall, not less frequently than quarterly— (1) collect statistically valid random samples of electronic mail sent by or received from employees of the Department who hold a security clearance granting such employees authorized access to information classified at the level of Secret or above; and (2) use such samples, in a manner provided for in the training described in subsection (b), to detect classified information spillage as part of the Department’s program for safeguarding classified information. (d) Accountability Not later than 90 days after the implementation of the training program described in subsection (b), the Inspector General for the Department of State and the Broadcasting Board of Governors, in consultation with the Inspector General for the Intelligence Community, shall— (1) conduct an audit of the program and activities carried out under this section; and (2) submit a report containing the results of the audit conducted under paragraph (1) to the relevant congressional committees. 506. Emergency refresher training on the handling of classified information (a) Emergency refresher training Except as provided in subsection (d), not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a written certification to the relevant congressional committees that all Department personnel who possess a security clearance have completed special emergency refresher training, developed by the Secretary, in consultation with the Director of National Intelligence, in the rules and procedures governing the appropriate identification and handling of classified information, including information originating from the Intelligence Community. (b) Certification by personnel undergoing training Each employee of the Department who undergoes the training required under subsection (a) shall certify in writing that the employee— (1) has received such training; (2) has read and understands the rules and procedures for identifying and handling classified information, including information originating from the Intelligence Community; (3) understands the grave responsibilities accompanying the privilege of access to classified information; and (4) commits to following such rules and procedures, under penalty of all applicable laws, regulations, and policies of the Department. (c) Prioritization In administering the emergency refresher training required under subsection (a), the Secretary shall prioritize the retraining of employees in the following order: (1) Employees who possess a security clearance at the Top Secret/Sensitive Compartmented Information level. (2) Employees who possess a security clearance at the Top Secret level. (3) Employees who possess a security clearance at the Secret level. (4) Employees who possess a security clearance at the Confidential Information level. (d) Delay in training (1) In general The Secretary may delay the provision of emergency refresher training required under subsection (a), for up to 30 days, for any specific official or employee of the Department or any group of officials or employees, up to the level of an individual office, if the Secretary considers such delay to be critical to the foreign policy interests of the United States. (2) Notice to Congress Not later than 30 days after authorizing a delay under paragraph (1) the Secretary shall submit a written notice of such delay, including a justification for the delay, to the relevant congressional committees. 507. Prohibition on contracting with certain telecommunications providers (a) List of covered contractors Not later than 30 days after the date of the enactment of this Act, the Secretary, in consultation with the Director of National Intelligence, shall develop a list of covered contractors to be updated as frequently as the Secretary determines appropriate. (b) Prohibition on contracts The Secretary may not enter into a contract with a covered contractor on the list described under subsection (a). (c) Removal from list To be removed from the list described in subsection (a), a covered contractor may submit a request to the Secretary in such manner as the Secretary determines appropriate. The Secretary, in consultation with the Director of National Intelligence, shall determine a process for removing covered contractors from the list as appropriate. (d) Waivers (1) In general The President, or the Assistant to the President for National Security Affairs, may waive the requirements under subsection (b) if the President, or the Assistant to the President, determines that such waiver is justified for national security reasons. (2) Secretary of state The Secretary may waive the requirements under subsection (b) for United States diplomatic posts or diplomatic personnel overseas if the Secretary, in consultation with the Director of National Intelligence, determines that no suitable alternatives are available. (e) Covered contractor defined In this section, the term covered contractor (f) Effective date This section shall apply with respect to contracts of a covered contractor entered into on or after the date of the enactment of this Act. 508. Report on contracts with Kaspersky Labs and Huawei (a) Determination Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall develop a process and timeframe for determining whether or not the Department of State purchased software, hardware, or services from Kaspersky Lab, Huawei, ZTE Corporation, or from any affiliates where Kaspersky Lab, Huawei, or ZTE Corporation equipment, software, or services may be contained, and if so, if any of those products or services are still in use. (b) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on the findings pursuant to the review under subsection (a), and shall provide updates every 30 days thereafter until the review is complete. VI Public diplomacy 601. American Spaces review (a) Report required Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that includes— (1) the full costs incurred by the Department to provide American Spaces, including— (A) American Centers, American Corners, Binational Centers, Information Resource Centers, and Science Centers; and (B) the total costs of all associated— (i) employee salaries, including members of the foreign service, other United States civilian personnel, and locally employed staff; (ii) programming expenses; (iii) operating expenses; (iv) contracting expenses; and (v) security expenses; (2) a breakdown of the total costs described in paragraph (1) by each space and type of space; (3) the total fees collected for entry to, or the use of, American Spaces and related resources, including a breakdown by the type of fee for each space and type of space; (4) the total usage rates, including by type of service, for each space and type of space; and (5) an assessment of the significance, utility, and benefit of the American Spaces program in promoting mutual understanding and the value of American culture. 602. Improving research and evaluation of public diplomacy (a) In general The Secretary shall— (1) conduct regular research and evaluation of public diplomacy programs and activities of the Department, including through the routine use of audience research, digital analytics, and impact evaluations, to plan and execute such programs and activities; and (2) make the findings of the research and evaluations conducted under paragraph (1) available to Congress. (b) Director of Research and Evaluation (1) Appointment Not later than 90 days after the date of the enactment of this Act, the Secretary shall appoint a Director of Research and Evaluation in the Office of Policy, Planning, and Resources for the Under Secretary for Public Diplomacy and Public Affairs. (2) Limitation on appointment The appointment of a Director of Research and Evaluation pursuant to paragraph (1) shall not result in an increase in the overall full-time equivalent positions within the Department. (3) Responsibilities The Director of Research and Evaluation shall— (A) coordinate and oversee the research and evaluation of public diplomacy programs of the Department— (i) to improve public diplomacy strategies and tactics; and (ii) to ensure that programs are increasing the knowledge, understanding, and trust of the United States by relevant target audiences; (B) report to the Director of Policy and Planning; (C) routinely organize and oversee audience research, digital analytics, and impact evaluations across all public diplomacy bureaus and offices of the Department; (D) support embassy public affairs sections; (E) share appropriate public diplomacy research and evaluation information within the Department and with other Federal departments and agencies; (F) regularly design and coordinate standardized research questions, methodologies, and procedures to ensure that public diplomacy activities across all public diplomacy bureaus and offices are designed to meet appropriate foreign policy objectives; and (G) report quarterly to the United States Advisory Commission on Public Diplomacy, through the Commission’s Subcommittee on Research and Evaluation established pursuant to subsection (e), regarding the research and evaluation of all public diplomacy bureaus and offices of the Department. (4) Guidance and training Not later than 180 days after the appointment of the Director of Research and Evaluation pursuant to paragraph (1), the Director shall create guidance and training for all public diplomacy officers regarding the reading and interpretation of public diplomacy program evaluation findings to ensure that such findings and lessons learned are implemented in the planning and evaluation of all public diplomacy programs and activities throughout the Department. (c) Prioritizing research and evaluation (1) In general The Director of Policy, Planning, and Resources shall ensure that research and evaluation, as coordinated and overseen by the Director of Research and Evaluation, supports strategic planning and resource allocation across all public diplomacy bureaus and offices of the Department. (2) Allocation of resources Amounts allocated for the purposes of research and evaluation of public diplomacy programs and activities pursuant to subsection (a) shall be made available to be disbursed at the direction of the Director of Research and Evaluation among the research and evaluation staff across all public diplomacy bureaus and offices of the Department. (3) Sense of Congress It is the sense of Congress that the Department should allocate, for the purposes of research and evaluation of public diplomacy activities and programs pursuant to subsection (a)— (A) 3 to 5 percent of program funds made available under the heading educational and cultural exchange programs (B) 3 to 5 percent of program funds allocated for public diplomacy programs under the heading diplomatic and consular programs (d) Limited exemption Chapter 35 Paperwork Reduction Act 22 U.S.C. 1431 22 U.S.C. 2451 (e) Limited exemption to the Privacy Act The Department shall maintain, collect, use, and disseminate records (as such term is defined in section 552a(a)(4) of title 5, United States Code) for research and data analysis of public diplomacy efforts intended for foreign audiences. Such research and data analysis shall be reasonably tailored to meet the purposes of this subsection and shall be carried out with due regard for privacy and civil liberties guidance and oversight. (f) Advisory Commission on Public Diplomacy (1) Subcommittee for Research and Evaluation The Advisory Commission on Public Diplomacy shall establish a Subcommittee for Research and Evaluation to monitor and advise on the research and evaluation activities of the Department and the Broadcasting Board of Governors. (2) Report The Subcommittee for Research and Evaluation established pursuant to paragraph (1) shall submit an annual report to Congress in conjunction with the Commission on Public Diplomacy’s Comprehensive Annual Report on the performance of the Department and the Broadcasting Board of Governors in carrying out research and evaluations of their respective public diplomacy programming. (g) Definitions In this section: (1) Audience research The term audience research (2) Digital analytics The term digital analytics (3) Impact evaluation The term impact evaluation VII Combating public corruption 701. Definitions In this title: (1) Corrupt actor The term corrupt actor (A) any foreign person or entity that is a government official or government entity responsible for, or complicit in, an act of public corruption; and (B) any company, in which a person or entity described in subparagraph (A) has a significant stake, which is responsible for, or complicit in, an act of public corruption. (2) Foreign assistance The term foreign assistance (A) the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 (B) the Arms Export Control Act ( 22 U.S.C. 2751 (3) Grand corruption The term grand corruption (A) distorts policies or the central functioning of the country; and (B) enables leaders to benefit at the expense of the public good. (4) Petty corruption The term petty corruption (5) Public corruption The term public corruption 702. Sense of Congress It is the sense of Congress that— (1) it is in the foreign policy interest of the United States to help other countries promote good governance and combat public corruption, particularly grand corruption; (2) multiple departments and agencies across the United States Government operate programs that promote good governance in foreign countries and enhance foreign countries’ ability to combat public corruption; (3) the Department should promote coordination among programs described in paragraph (2) to improve their effectiveness and efficiency; and (4) the Department should identify areas in which United States efforts to help other countries promote good governance and combat public corruption could be enhanced. 703. Annual report The Secretary shall annually submit to the appropriate congressional committees and publish, on a publicly accessible website, a report that— (1) groups foreign countries, by quintile, based on— (A) the World Bank Worldwide Governance Indicator on Control of Corruption; and (B) the World Bank Worldwide Governance Indicator on Voice and Accountability; (2) adds context and commentary, as appropriate, to the World Bank Worldwide Governance Indicator on Control of Corruption and the World Bank Worldwide Governance Indicator on Voice and Accountability groupings under paragraph (1), as appropriate, based on the factors outlined in section 704; (3) describes, based on the World Bank Worldwide Governance Indicators and the factors outlined in section 704, the status of foreign governments’ efforts to combat public corruption; and (4) describes the status of each foreign country’s active membership in voluntary multi-sectoral global governance initiatives as evidence of the country’s government-led efforts to combat public corruption. 704. Additional factors for assessing government efforts to combat public corruption (a) Factors for assessing government efforts To combat public corruption In assessing a government’s efforts to combat public corruption, the Secretary should consider, to the extent reliable information is available— (1) whether the country— (A) has enacted laws and established government structures, policies, and practices that prohibit public corruption, including grand corruption and petty corruption; and (B) enforces such laws through a fair judicial process; (2) whether the country prescribes appropriate punishment for grand corruption that is commensurate with the punishment prescribed for serious crimes; (3) whether the country prescribes appropriate punishment for petty corruption that provides a sufficiently stringent deterrent and adequately reflects the nature of the offense; (4) the extent to which the government of the country— (A) vigorously investigates and prosecutes acts of public corruption; and (B) convicts and sentences persons responsible for such acts that take place wholly or partly within such country, including, as appropriate, requiring the incarceration of individuals convicted of such acts; (5) the extent to which the government of the country vigorously investigates, prosecutes, convicts, and sentences public officials who participate in or facilitate public corruption, including nationals of the country who are deployed in foreign military assignments, trade delegations abroad, or other similar missions who engage in or facilitate severe forms of public corruption; (6) the extent to which the government of the country has adopted measures to prevent public corruption, such as measures to inform and educate the public, including potential victims, about the causes and consequences of public corruption; (7) steps taken by the government of the country to prohibit government officials from participating in, facilitating, or condoning public corruption, including the investigation, prosecution, and conviction of such officials; (8) the extent to which the country government provides access, or, as appropriate, makes adequate resources available, to civil society organizations and other institutions to combat public corruption, including reporting, investigating, and monitoring; (9) the extent to which an independent judiciary or judicial body in the country is responsible for, and effectively capable of, deciding public corruption cases impartially, on the basis of facts and in accordance with the law, without any improper restrictions, influences, inducements, pressures, threats, or interferences (direct or indirect) from any source or for any reason; (10) the extent to which the government of the country is assisting in international investigations of transnational public corruption networks and in other cooperative efforts to combat grand corruption, including cooperating with the governments of other countries to extradite corrupt actors; (11) the extent to which the government of the country recognizes the rights of victims of public corruption, ensures their access to justice, and takes steps to prevent victims from being further victimized or persecuted by corrupt actors, government officials, or others; (12) the extent to which the government of the country refrains from prosecuting legitimate victims of public corruption or whistleblowers due to such persons having assisted in exposing public corruption, and refrains from other discriminatory treatment of such persons; and (13) such other information relating to public corruption as the Secretary considers appropriate. 705. Designation of embassy anti-corruption points of contact (a) Designated countries The Secretary shall annually designate an anti-corruption point of contact at the United States Mission to each country that he or she determines is in need of such a point of contact. (b) Points of contact duties Each designated anti-corruption point of contact shall be responsible for coordinating a whole-of-government approach to combating public corruption in his or her posted country among relevant United States Government departments or agencies with a presence in that country, including, as applicable, the Department of State, the Department of Justice, the Department of the Treasury, the Department of Homeland Security, and USAID. (c) Training The Secretary shall develop and implement appropriate training for designated anti-corruption points of contact. (d) Internal reporting Each anti-corruption point of contact shall submit an annual report to the Secretary regarding anti-corruption activities within his or her posted country that— (1) evaluates the effectiveness of current programs that promote good governance and have an effect of combating public corruption; and (2) identifies areas in which the United States Government’s approach could be enhanced, including specific programs that could be used to enhance the whole-of-government approach. 706. Interagency working group (a) In general The Secretary shall have primary responsibility for managing a whole-of-government effort to improve coordination among United States Government departments and agencies that have a role in promoting good governance in foreign countries and enhancing foreign countries’ ability to combat public corruption. (b) Task force (1) Initial meeting Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish and convene an initial meeting of an interagency task force, which shall be composed of— (A) representatives appointed by the President from the departments and agency listed in section 705(b); and (B) representatives from any other United States Government departments or agencies, as determined by the Secretary. (2) Additional meetings The task force described in paragraph (1) shall meet not less frequently than twice per year. (c) Task force duties The task force established pursuant to subsection (b) shall— (1) assist the Secretary in managing the whole-of-government effort described in subsection (a); (2) evaluate, on a general basis, the effectiveness of current programs that have an effect of combating public corruption; (3) identify general areas in which the United States Government’s approach could be enhanced; and (4) identify specific programs for specific countries that could be used to enhance the whole-of-government approach. 707. Transparency and accountability (a) In general Not later than 60 days after publishing the report required under section 703, and prior to obligation by any United States agency of foreign assistance to the government of a country ranked in the lowest 2 quintiles in the World Bank Worldwide Governance Indicator on Control of Corruption grouping described in section 703(1), the Secretary, in coordination with the Administrator of USAID, as appropriate, shall— (1) conduct a corruption risk assessment and create a corruption mitigation strategy for all United States foreign assistance programs to that country; (2) require the inclusion of anti-corruption clauses for all foreign assistance contracts, grants, and cooperative agreements, which allow for the termination of the contract, grant, or cooperative agreement without penalty if credible indicators of public corruption are discovered; (3) require the inclusion of appropriate clawback clauses for all foreign assistance that has been misappropriated through corruption; (4) require the appropriate disclosure to the United States Government, in confidential form, if necessary, of the beneficial ownership of contractors, subcontractors, grantees, cooperative agreement participants, and other organizations receiving funding from the United States Government for foreign assistance programs; and (5) establish a mechanism for investigating allegations of misappropriated foreign assistance funds or equipment. (b) Exceptions and waiver (1) Exceptions Subsection (a) shall not apply to humanitarian assistance, disaster assistance, or assistance to combat corruption. (2) Waiver The Secretary may waive the requirement to delay foreign assistance under subsection (a) if the Secretary certifies to the appropriate congressional committees that such waiver is important to the national security interests of the United States. 708. Resources and reporting requirements (a) Annual report (1) In general Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit a report to the appropriate congressional committees that outlines the resources needed to meet the objectives of this title, including— (A) personnel needs; and (B) a description of the bureaucratic structure of the offices within the Department and USAID that are engaged in anti-corruption activities. (b) Annual briefing (1) In general Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary shall brief the appropriate congressional committees on the implementation of this title, including— (A) the designation of anti-corruption points of contact for countries under section 705(a); (B) the training implemented under section 705(c); (C) the reports received from anti-corruption points of contact under section 705(d); (D) the management of the whole-of-government effort to improve coordination under section 706(a); (E) the establishment of the task force under section 706(b); and (F) the activities of the task force under section 706(c). (2) Form of briefing The briefings under subsection (b) shall be conducted on an in-person basis to members or staff of the appropriate congressional committees. Portions of the briefings may be conducted in a classified setting, as needed. (c) Online platform The Secretary and the USAID Administrator shall consolidate existing reports with anti-corruption components into one online, public platform, which shall— (1) include— (A) the Human Rights Report; (B) the Fiscal Transparency Report; (C) the Investment Climate Statement reports; (D) the International Narcotics Control Strategy Report; and (E) any other relevant public reports; (2) link to third-party indicators and compliance mechanisms used by the United States Government to inform policy and programming, such as— (A) the International Finance Corporation’s Doing Business surveys; (B) the International Budget Partnership’s Open Budget Index; and (C) multilateral peer review anti-corruption compliance mechanisms, such as the Organisation for Economic Co-operation and Development’s Working Group on Bribery in International Business Transactions and the United Nations Convention Against Corruption, done at New York October 31, 2003, to further highlight expert international views on country challenges and country efforts. (d) Training The Secretary and the USAID Administrator shall incorporate anti-corruption components into existing Foreign Service and Civil Service training courses— (1) to increase the ability of Department and USAID personnel to support anti-corruption as a foreign policy and development priority; and (2) to strengthen their ability to design, implement, and evaluate more effective anti-corruption programming around the world, including enhancing skills to better evaluate and mitigate public corruption risks in assistance programs. VIII Miscellaneous 801. Recurring reports Not later than 30 days after the date of the enactment of this Act, the Secretary shall submit a list to the appropriate congressional committees that identifies all recurring reports that the Department is statutorily required to complete, including a statutory citation and brief description of each such report. 802. Case-Zablocki reform Section 112b(b) of title 1, United States Code, is amended to read as follows: (b) Each department or agency of the United States Government that enters into any international agreement described in subsection (a), on behalf of the United States, shall designate a Chief International Agreements Officer, who— (1) shall be a current employee of such department or agency; (2) shall serve concurrently as Chief International Agreements Officer; and (3) subject to the authority of the head of the department or agency, shall have department- or agency-wide responsibility for efficient and appropriate compliance with subsection (a) to transmit the text of any international agreement to the Department of State not later than 20 days after such agreement has been signed. . 803. Reporting on implementation of GAO recommendations (a) Initial report Not later than 30 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that lists all of the Government Accountability Office’s recommendations relating to the Department that have not been fully implemented. (b) Comptroller General report Not later than 30 days after the Secretary submits the report under subsection (a), the Comptroller General of the United States shall submit a report to the appropriate congressional committees that identifies any discrepancies between the list of recommendations included in such report and the Government Accountability Office’s list of outstanding recommendations for the Department. (c) Implementation report (1) In general Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that describes the implementation status of each recommendation from the Government Accountability Office included in the report submitted under subsection (a). (2) Justification The report under paragraph (1) shall include— (A) a detailed justification for each decision not to fully implement a recommendation or to implement a recommendation in a different manner than specified by the Government Accountability Office; (B) a timeline for the full implementation of any recommendation the Secretary has decided to adopt, but has not yet fully implemented; and (C) an explanation for any discrepancies included in the Comptroller General report submitted under subsection (b). (d) Form The information required in each report under this section shall be submitted in unclassified form, to the maximum extent practicable, but may be included in a classified annex to the extent necessary. September 6, 2017 Reported with amendments

Summary: Department of State Authorities Act, Fiscal Year 2018 This bill directs the Department of State to report to Congress regarding State Department and U.S. Agency for International Development (USAID) reorganization plans. Any such plan shall preserve USAID's independence. The State Department is urged to establish an Office of Global Women's Issues. The bill: (1) establishes in the State Department a Bureau of Democracy, Human Rights, and Labor and the position of Assistant Secretary for International Narcotics and Law Enforcement Affairs; and (2) calls for the establishment in the State Department of an Office of International Disability Rights. The bill sets forth provisions regarding: (1) embassy construction and design; (2) personnel, staffing, and workplace diversity; (3) anti-corruption efforts; and (4) information security, including a prohibition on contracting with certain telecommunications providers. The State Department may make grants or enter into cooperative agreements for science and technology fellowships. The State Department shall: (1) appoint a Director of Research and Evaluation to evaluate public diplomacy programs, (2) develop a Bureau of Diplomatic Security training program for detecting classified information spillage, and (3) designate an anti-corruption point of contact at appropriate U.S. missions. Each U.S. government agency that enters into any international agreement, other than a treaty, on behalf of the United States shall designate a Chief International Agreements Officer who shall transmit the agreement to the State Department.