Department of State Authorization Act of 2021

IIB 117TH CONGRESS 1ST SESSION H. R. 1157 IN THE SENATE OF THE UNITED STATES MAY 19, 2021 Received; read twice and referred to the Committee on Foreign Relations AN ACT To provide for certain authorities of the Department of State, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:55 May 19, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1157.RFS H1157 pbinns on DSKJLVW7X2PROD with BILLS 2 HR 1157 RFS SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1 (a) SHORT TITLE.—This Act may be cited as the 2 ‘‘Department of State Authorization Act of 2021’’. 3 (b) TABLE OF CONTENTS.—The table of contents for 4 this Act is as follows: 5 Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Determination of budgetary effects. TITLE I—ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE Sec. 1001. Diplomatic Programs. Sec. 1002. Sense of Congress on importance of Department of State’s work. Sec. 1003. Bureau of Democracy, Human Rights, and Labor. Sec. 1004. Assistant Secretary for International Narcotics and Law Enforce- ment Affairs. Sec. 1005. Bureau of Consular Affairs; Bureau of Population, Refugees, and Migration. Sec. 1006. Office of International Disability Rights. Sec. 1007. Anti-piracy information sharing. Sec. 1008. Importance of foreign affairs training to national security. Sec. 1009. Classification and assignment of Foreign Service officers. Sec. 1010. Energy diplomacy and security within the Department of State. Sec. 1011. National Museum of American Diplomacy. Sec. 1012. Extension of period for reimbursement of fishermen for costs in- curred from the illegal seizure and detention of U.S.-flag fish- ing vessels by foreign governments. Sec. 1013. Art in embassies. Sec. 1014. Amendment or repeal of reporting requirements. Sec. 1015. Reporting on implementation of GAO recommendations. Sec. 1016. Office of Global Criminal Justice. TITLE II—EMBASSY CONSTRUCTION Sec. 1201. Embassy security, construction, and maintenance. Sec. 1202. Standard design in capital construction. Sec. 1203. Capital construction transparency. Sec. 1204. Contractor performance information. Sec. 1205. Growth projections for new embassies and consulates. Sec. 1206. Long-range planning process. Sec. 1207. Value engineering and risk assessment. Sec. 1208. Business volume. Sec. 1209. Embassy security requests and deficiencies. Sec. 1210. Overseas security briefings. Sec. 1211. Contracting methods in capital construction. Sec. 1212. Competition in embassy construction. Sec. 1213. Statement of policy. Sec. 1214. Definitions. TITLE III—PERSONNEL ISSUES VerDate Sep 11 2014 23:55 May 19, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H1157.RFS H1157 pbinns on DSKJLVW7X2PROD with BILLS 3 HR 1157 RFS Sec. 1301. Defense Base Act insurance waivers. Sec. 1302. Study on Foreign Service allowances. Sec. 1303. Science and technology fellowships. Sec. 1304. Travel for separated families. Sec. 1305. Home leave travel for separated families. Sec. 1306. Sense of Congress regarding certain fellowship programs. Sec. 1307. Technical correction. Sec. 1308. Foreign Service awards. Sec. 1309. Workforce actions. Sec. 1310. Sense of Congress regarding veterans employment at the Depart- ment of State. Sec. 1311. Employee assignment restrictions and preclusions. Sec. 1312. Recall and reemployment of career members. Sec. 1313. Strategic staffing plan for the Department of State. Sec. 1314. Consulting services. Sec. 1315. Incentives for critical posts. Sec. 1316. Extension of authority for certain accountability review boards. Sec. 1317. Foreign Service suspension without pay. Sec. 1318. Foreign Affairs Manual and Foreign Affairs Handbook changes. Sec. 1319. Waiver authority for individual occupational requirements of certain positions. Sec. 1320. Appointment of employees to the Global Engagement Center. Sec. 1321. Rest and recuperation and overseas operations leave for Federal em- ployees. Sec. 1322. Emergency medical services authority. Sec. 1323. Department of State Student Internship Program. Sec. 1324. Competitive status for certain employees hired by Inspectors Gen- eral to support the lead IG mission. Sec. 1325. Cooperation with Office of the Inspector General. Sec. 1326. Information on educational opportunities for children with special educational needs consistent with the Individuals With Disabil- ities Education Act. Sec. 1327. Implementation of gap memorandum in selection board process. TITLE IV—A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION Sec. 1401. Definitions. Sec. 1402. Collection, analysis, and dissemination of workforce data. Sec. 1403. Exit interviews for workforce. Sec. 1404. Recruitment and retention. Sec. 1405. Promoting diversity and inclusion in the national security workforce. Sec. 1406. Leadership engagement and accountability. Sec. 1407. Professional development opportunities and tools. Sec. 1408. Examination and oral assessment for the Foreign Service. Sec. 1409. Payne fellowship authorization. Sec. 1410. Voluntary participation. TITLE V—INFORMATION SECURITY Sec. 1501. Definitions. Sec. 1502. List of certain telecommunications providers. Sec. 1503. Preserving records of electronic communications conducted related to official duties of positions in the public trust of the Amer- ican people. VerDate Sep 11 2014 23:55 May 19, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\H1157.RFS H1157 pbinns on DSKJLVW7X2PROD with BILLS 4 HR 1157 RFS Sec. 1504. Foreign Relations of the United States (FRUS) series and declas- sification. Sec. 1505. Vulnerability Disclosure Policy and Bug Bounty Pilot Program. TITLE VI—PUBLIC DIPLOMACY Sec. 1601. Short title. Sec. 1602. Avoiding duplication of programs and efforts. Sec. 1603. Improving research and evaluation of public diplomacy. Sec. 1604. Permanent reauthorization of the United States Advisory Commis- sion on Public Diplomacy. Sec. 1605. Streamlining of support functions. Sec. 1606. Guidance for closure of public diplomacy facilities. Sec. 1607. Definitions. TITLE VII—COMBATING PUBLIC CORRUPTION Sec. 1701. Sense of congress. Sec. 1702. Annual assessment. Sec. 1703. Transparency and accountability. Sec. 1704. Designation of embassy anti-corruption points of contact. TITLE VIII—OTHER MATTERS Sec. 1801. Case-Zablocki Act Reform. Sec. 1802. Limitation on assistance to countries in default. Sec. 1803. Sean and David Goldman Child Abduction Prevention and Return Act of 2014 amendment. Sec. 1804. Modification of authorities of Commission for the Preservation of America’s Heritage Abroad. Sec. 1805. Chief of mission concurrence. Sec. 1806. Report on efforts of the Coronavirus Repatriation Task Force. SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) APPROPRIATE CONGRESSIONAL COMMIT- 3 TEES.—The term ‘‘appropriate congressional com- 4 mittees’’ means the Committee on Foreign Affairs of 5 the House of Representatives and the Committee on 6 Foreign Relations of the Senate. 7 (2) DEPARTMENT.—If not otherwise specified, 8 the term ‘‘Department’’ means the Department of 9 State. 10 VerDate Sep 11 2014 23:55 May 19, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1157.RFS H1157 pbinns on DSKJLVW7X2PROD with BILLS 5 HR 1157 RFS (3) SECRETARY.—If not otherwise specified, the 1 term ‘‘Secretary’’ means the Secretary of State. 2 SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. 3 The budgetary effects of this Act, for the purpose of 4 complying with the Statutory Pay-As-You-Go Act of 2010, 5 shall be determined by reference to the latest statement 6 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 7 Act, submitted for printing in the Congressional Record 8 by the Chairman of the House Budget Committee, pro- 9 vided that such statement has been submitted prior to the 10 vote on passage. 11 TITLE I—ORGANIZATION AND 12 OPERATIONS OF THE DE- 13 PARTMENT OF STATE 14 SEC. 1001. DIPLOMATIC PROGRAMS. 15 For ‘‘Diplomatic Programs’’, there is authorized to 16 be appropriated $9,170,013,000 for fiscal year 2022. 17 SEC. 1002. SENSE OF CONGRESS ON IMPORTANCE OF DE- 18 PARTMENT OF STATE’S WORK. 19 It is the sense of Congress that— 20 (1) United States global engagement is key to 21 a stable and prosperous world; 22 (2) United States leadership is indispensable in 23 light of the many complex and interconnected 24 threats facing the United States and the world; 25 VerDate Sep 11 2014 23:55 May 19, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1157.RFS H1157 pbinns on DSKJLVW7X2PROD with BILLS 6 HR 1157 RFS (3) diplomacy and development are critical tools 1 of national power, and full deployment of these tools 2 is vital to United States national security; 3 (4) challenges such as the global refugee and 4 migration crises, terrorism, historic famine and food 5 insecurity, and fragile or repressive societies cannot 6 be addressed without sustained and robust United 7 States diplomatic and development leadership; 8 (5) the United States Government must use all 9 of the instruments of national security and foreign 10 policy at its disposal to protect United States citi- 11 zens, promote United States interests and values, 12 and support global stability and prosperity; 13 (6) United States security and prosperity de- 14 pend on having partners and allies that share our in- 15 terests and values, and these partnerships are nur- 16 tured and our shared interests and values are pro- 17 moted through United States diplomatic engage- 18 ment, security cooperation, economic statecraft, and 19 assistance that helps further economic development, 20 good governance, including the rule of law and 21 democratic institutions, and the development of 22 shared responses to natural and humanitarian disas- 23 ters; 24 VerDate Sep 11 2014 23:55 May 19, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1157.RFS H1157 pbinns on DSKJLVW7X2PROD with BILLS 7 HR 1157 RFS (7) as the United States Government agencies 1 primarily charged with conducting diplomacy and 2 development, the Department and the United States 3 Agency for International Development (USAID) re- 4 quire sustained and robust funding to carry out this 5 important work, which is essential to our ability to 6 project United States leadership and values and to 7 advance United States interests around the world; 8 (8) the work of the Department and USAID 9 makes the United States and the world safer and 10 more prosperous by alleviating global poverty and 11 hunger, fighting HIV/AIDS and other infectious dis- 12 eases, strengthening alliances, expanding educational 13 opportunities for women and girls, promoting good 14 governance and democracy, supporting anti-corrup- 15 tion efforts, driving economic development and 16 trade, preventing armed conflicts and humanitarian 17 crises, and creating American jobs and export oppor- 18 tunities; 19 (9) the Department and USAID are vital na- 20 tional security agencies, whose work is critical to the 21 projection of United States power and leadership 22 worldwide, and without which Americans would be 23 less safe, United States economic power would be di- 24 VerDate Sep 11 2014 23:55 May 19, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1157.RFS H1157 pbinns on DSKJLVW7X2PROD with BILLS 8 HR 1157 RFS minished, and global stability and prosperity would 1 suffer; 2 (10) investing in diplomacy and development 3 before conflicts break out saves American lives while 4 also being cost-effective; and 5 (11) the contributions of personnel working at 6 the Department and USAID are extraordinarily val- 7 uable and allow the United States to maintain its 8 leadership around the world. 9 SEC. 1003. BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND 10 LABOR. 11 Paragraph (2) of section 1(c) of the State Depart- 12 ment Basic Authorities Act of 1956 (22 U.S.C. 2651a) 13 is amended— 14 (1) in subparagraph (A), by adding at the end 15 the following new sentence: ‘‘All special envoys, am- 16 bassadors, and coordinators located within the Bu- 17 reau of Democracy, Human Rights, and Labor shall 18 report directly to the Assistant Secretary unless oth- 19 erwise provided by law.’’; 20 (2) in subparagraph (B)(ii)— 21 (A) by striking ‘‘section’’ and inserting 22 ‘‘sections 116 and’’; and 23 (B) by inserting before the period at the 24 end the following: ‘‘(commonly referred to as 25 VerDate Sep 11 2014 23:55 May 19, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1157.RFS H1157 pbinns on DSKJLVW7X2PROD with BILLS 9 HR 1157 RFS the annual ‘Country Reports on Human Rights 1 Practices’)’’; and 2 (3) by adding at the end the following new sub- 3 paragraphs: 4 ‘‘(C) AUTHORITIES.—In addition to the 5 duties, functions, and responsibilities specified 6 in this paragraph, the Assistant Secretary of 7 State for Democracy, Human Rights, and 8 Labor is authorized to— 9 ‘‘(i) promote democracy and actively 10 support human rights throughout the 11 world; 12 ‘‘(ii) promote the rule of law and good 13 governance throughout the world; 14 ‘‘(iii) strengthen, empower, and pro- 15 tect civil society representatives, programs, 16 and organizations, and facilitate their abil- 17 ity to engage in dialogue with governments 18 and other civil society entities; 19 ‘‘(iv) work with regional bureaus to 20 ensure adequate personnel at diplomatic 21 posts are assigned responsibilities relating 22 to advancing democracy, human rights, 23 labor rights, women’s equal participation 24 in society, and the rule of law, with par- 25 VerDate Sep 11 2014 23:55 May 19, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1157.RFS H1157 pbinns on DSKJLVW7X2PROD with BILLS 10 HR 1157 RFS ticular attention paid to adequate oversight 1 and engagement on such issues by senior 2 officials at such posts; 3 ‘‘(v) review and, as appropriate, make 4 recommendations to the Secretary of State 5 regarding the proposed transfer of— 6 ‘‘(I) defense articles and defense 7 services authorized under the Foreign 8 Assistance Act of 1961 (22 U.S.C. 9 2151 et seq.) or the Arms Export 10 Control Act (22 U.S.C. 2751 et seq.); 11 and 12 ‘‘(II) military items listed on the 13 ‘600 series’ of the Commerce Control 14 List contained in Supplement No. 1 to 15 part 774 of subtitle B of title 15, 16 Code of Federal Regulations; 17 ‘‘(vi) coordinate programs and activi- 18 ties that protect and advance the exercise 19 of human rights and internet freedom in 20 cyberspace; and 21 ‘‘(vii) implement other relevant poli- 22 cies and provisions of law. 23 ‘‘(D) LOCAL OVERSIGHT.—United States 24 missions, when executing DRL programmi [Text truncated for display. 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