Department of State Authorization Act of 2019

IIB 116TH CONGRESS 1ST SESSION H. R. 3352 IN THE SENATE OF THE UNITED STATES SEPTEMBER 9, 2019 Received; read twice and referred to the Committee on Foreign Relations AN ACT To provide for certain authorities of the Department of State, and for other purposes. 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 22:44 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3352.RFS H3352 kjohnson on DSK79L0C42 with BILLS 2 HR 3352 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 2019’’. 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. TITLE I—ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE Sec. 101. Sense of Congress on importance of Department of State’s work. Sec. 102. Bureau of Democracy, Human Rights, and Labor. Sec. 103. Assistant Secretary for International Narcotics and Law Enforcement Affairs. Sec. 104. Bureau of Consular Affairs; Bureau of Population, Refugees, and Mi- gration. Sec. 105. Office of International Disability Rights. Sec. 106. Office of Global Women’s Issues. Sec. 107. Special appointments. Sec. 108. Anti-piracy information sharing. Sec. 109. Importance of foreign affairs training to national security. Sec. 110. Classification and assignment of Foreign Service officers. Sec. 111. Energy diplomacy and security within the Department of State. Sec. 112. Passport fees. Sec. 113. United States diplomacy center. Sec. 114. Extension of period for reimbursement of fishermen for costs in- curred from the illegal seizure and detention of U.S.-flag fish- ing vessels by foreign governments. Sec. 115. Art in embassies. Sec. 116. Amendment or repeal of reporting requirements. Sec. 117. Reporting on implementation of GAO recommendations. Sec. 118. Office of Global Criminal Justice. TITLE II—EMBASSY CONSTRUCTION Sec. 201. Embassy security, construction, and maintenance. Sec. 202. Standard design in capital construction. Sec. 203. Capital construction transparency. Sec. 204. Contractor performance information. Sec. 205. Growth projections for new embassies and consulates. Sec. 206. Long-range planning process. Sec. 207. Value engineering and risk assessment. Sec. 208. Business volume. Sec. 209. Embassy security requests and deficiencies. Sec. 210. Overseas security briefings. Sec. 211. Contracting methods in capital construction. Sec. 212. Competition in embassy construction. Sec. 213. Statement of policy. Sec. 214. Definitions. VerDate Sep 11 2014 22:44 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H3352.RFS H3352 kjohnson on DSK79L0C42 with BILLS 3 HR 3352 RFS TITLE III—PERSONNEL ISSUES Sec. 301. Defense Base Act insurance waivers. Sec. 302. Study on Foreign Service allowances. Sec. 303. Science and technology fellowships. Sec. 304. Travel for separated families. Sec. 305. Home leave travel for separated families. Sec. 306. Sense of Congress regarding certain fellowship programs. Sec. 307. Technical correction. Sec. 308. Foreign Service awards. Sec. 309. Diplomatic programs. Sec. 310. Sense of Congress regarding veterans employment at the Department of State. Sec. 311. Employee assignment restrictions and preclusions. Sec. 312. Recall and reemployment of career members. Sec. 313. Strategic staffing plan for the Department. Sec. 314. Consulting services. Sec. 315. Incentives for critical posts. Sec. 316. Extension of authority for certain accountability review boards. Sec. 317. Foreign service suspension without pay. Sec. 318. Foreign Affairs Manual and Foreign Affairs Handbook changes. Sec. 319. Waiver authority for individual occupational requirements of certain positions. Sec. 320. Standardizing Department parental leave policies. Sec. 321. Appointment of employees to the Global Engagement Center. Sec. 322. Rest and recuperation and overseas operations leave for Federal em- ployees. TITLE IV—A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION Sec. 401. Definitions. Sec. 402. Collection, analysis, and dissemination of workforce data. Sec. 403. Exit interviews for workforce. Sec. 404. Recruitment and retention. Sec. 405. Leadership engagement and accountability. Sec. 406. Professional development opportunities and tools. Sec. 407. Examination and oral assessment for the Foreign Service. Sec. 408. Payne fellowship authorization. Sec. 409. Voluntary participation. TITLE V—INFORMATION SECURITY Sec. 501. Definitions. Sec. 502. Information system security. Sec. 503. Prohibition on contracting with certain telecommunications providers. Sec. 504. Preserving records of electronic communications conducted related to official duties of positions in the public trust of the American people. Sec. 505. Foreign Relations of the United States (FRUS) series and declas- sification. Sec. 506. Vulnerability Disclosure Policy and Bug Bounty Pilot Program. TITLE VI—PUBLIC DIPLOMACY Sec. 601. Short title. Sec. 602. Avoiding duplication of programs and efforts. VerDate Sep 11 2014 22:44 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\H3352.RFS H3352 kjohnson on DSK79L0C42 with BILLS 4 HR 3352 RFS Sec. 603. Improving research and evaluation of public diplomacy. Sec. 604. Permanent reauthorization of the United States Advisory Commission on Public Diplomacy. Sec. 605. Streamlining of support functions. Sec. 606. Guidance for closure of public diplomacy facilities. Sec. 607. Definitions. TITLE VII—COMBATING PUBLIC CORRUPTION Sec. 701. Sense of Congress. Sec. 702. Annual assessment. Sec. 703. Transparency and accountability. Sec. 704. Designation of embassy anti-corruption points of contact. Sec. 705. Reporting requirements. Sec. 706. Foreign investments and national security. TITLE VIII—MATTERS RELATING TO INTERNATIONAL SECURITY Sec. 801. Short title. Sec. 802. Security assistance defined. Subtitle A—Reform Relating to Security Assistance Sec. 811. Organizational reform. Sec. 812. Workforce development. Sec. 813. Security assistance planning. Sec. 814. Interagency coordination of security assistance, transfers, and secu- rity cooperation. Sec. 815. Rule of construction. Subtitle B—Foreign Military Assistance Sec. 821. Strategic allocation of excess defense articles. Sec. 822. Modification of purposes for which military sales by the United States are authorized. Sec. 823. Return of defense articles. Sec. 824. Requirements relating to exemptions for licensing of defense items. Sec. 825. Amendment to general provisions. Sec. 826. Technical amendments to Arms Export Control Act. Sec. 827. Sense of Congress on licensing under United States arms export con- trol programs. Sec. 828. Extension of war reserve stockpile authority. Sec. 829. Peacekeeping operations and other national security programs. Sec. 830. Other amendments to military assistance authorities. Sec. 831. Repeal of reports. Sec. 832. Defense trade controls registration fees. Sec. 833. Withholding of assistance to units of foreign security forces that en- gaged in sexual exploitation or abuse in peacekeeping oper- ations. Sec. 834. Modification to limitations on assistance relating to human rights. Subtitle C—Studies on Authorities and Programs Sec. 841. Requirement for study by Bureau of International Narcotics and Law Enforcement Affairs. Sec. 842. Requirement for independent study of existing security assistance au- thorities. VerDate Sep 11 2014 22:44 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 E:\BILLS\H3352.RFS H3352 kjohnson on DSK79L0C42 with BILLS 5 HR 3352 RFS TITLE IX—MISCELLANEOUS Sec. 901. Case-Zablocki Act reform. Sec. 902. Limitation on assistance to countries in default. Sec. 903. Prohibition on assistance to governments supporting international terrorism. Sec. 904. Establishing a coordinator for ISIS detainee issues. Sec. 905. Sean and David Goldman Child Abduction Prevention and Return Act of 2014 amendment. Sec. 906. Modification of authorities of Commission for the Preservation of America’s Heritage Abroad. TITLE X—BUDGETARY EFFECTS Sec. 1001. Determination of budgetary effects. SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) APPROPRIATE CONGRESSIONAL COMMIT- 3 TEES.—Unless otherwise specified, the term ‘‘appro- 4 priate congressional committees’’ means— 5 (A) the Committee on Foreign Relations of 6 the Senate; 7 (B) the Committee on Appropriations of 8 the Senate; 9 (C) the Committee on Foreign Affairs of 10 the House of Representatives; and 11 (D) the Committee on Appropriations of 12 the House of Representatives. 13 (2) DEPARTMENT.—Unless otherwise specified, 14 the term ‘‘Department’’ means the Department of 15 State. 16 (3) SECRETARY.—Unless otherwise specified, 17 the term ‘‘Secretary’’ means the Secretary of State. 18 VerDate Sep 11 2014 22:44 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3352.RFS H3352 kjohnson on DSK79L0C42 with BILLS 6 HR 3352 RFS TITLE I—ORGANIZATION AND 1 OPERATIONS OF THE DE- 2 PARTMENT OF STATE 3 SEC. 101. SENSE OF CONGRESS ON IMPORTANCE OF DE- 4 PARTMENT OF STATE’S WORK. 5 It is the sense of Congress that— 6 (1) United States global engagement is key to 7 a stable and prosperous world; 8 (2) United States leadership is indispensable in 9 light of the many complex and interconnected 10 threats facing the United States and the world; 11 (3) diplomacy and development are critical tools 12 of national power, and full deployment of these tools 13 is vital to United States national security; 14 (4) challenges such as the global refugee and 15 migration crises, terrorism, historic famine and food 16 insecurity, and fragile or repressive societies cannot 17 be addressed without sustained and robust United 18 States diplomatic and development leadership; 19 (5) the United States Government must use all 20 of the instruments of national security and foreign 21 policy at its disposal to protect United States citi- 22 zens, promote United States interests and values, 23 and support global stability and prosperity; 24 VerDate Sep 11 2014 22:44 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3352.RFS H3352 kjohnson on DSK79L0C42 with BILLS 7 HR 3352 RFS (6) United States security and prosperity de- 1 pend on having partners and allies that share our in- 2 terests and values, and these partnerships are nur- 3 tured and our shared interests and values are pro- 4 moted through United States diplomatic engage- 5 ment, security cooperation, economic statecraft, and 6 assistance that helps further economic development, 7 good governance, including the rule of law and 8 democratic institutions, and the development of 9 shared responses to natural and humanitarian disas- 10 ters; 11 (7) as the United States Government agencies 12 primarily charged with conducting diplomacy and 13 development, the Department and the United States 14 Agency for International Development (USAID) re- 15 quire sustained and robust funding to carry out this 16 important work, which is essential to our ability to 17 project United States leadership and values and to 18 advance the United States interests around the 19 world; 20 (8) the work of the Department and USAID 21 makes the United States and the world safer and 22 more prosperous by alleviating global poverty and 23 hunger, fighting HIV/AIDS and other infectious dis- 24 eases, strengthening alliances, expanding educational 25 VerDate Sep 11 2014 22:44 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3352.RFS H3352 kjohnson on DSK79L0C42 with BILLS 8 HR 3352 RFS opportunities for women and girls, promoting good 1 governance and democracy, supporting anti-corrup- 2 tion efforts, driving economic development and 3 trade, preventing armed conflicts and humanitarian 4 crises, and creating American jobs and export oppor- 5 tunities; 6 (9) the Department and USAID are vital na- 7 tional security agencies, whose work is critical to the 8 projection of United States power and leadership 9 worldwide, and without which Americans would be 10 less safe, our economic power would be diminished, 11 and global stability and prosperity would suffer; 12 (10) investing in diplomacy and development 13 before conflicts break out saves American lives while 14 also being cost-effective; and 15 (11) the contributions of personnel working at 16 the Department and USAID are extraordinarily val- 17 uable and allow the United States to maintain its 18 leadership around the world. 19 SEC. 102. BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND 20 LABOR. 21 Paragraph (2) of section 1(c) of the State Depart- 22 ment Basic Authorities Act of 1956 (22 U.S.C. 2651a) 23 is amended— 24 VerDate Sep 11 2014 22:44 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3352.RFS H3352 kjohnson on DSK79L0C42 with BILLS 9 HR 3352 RFS (1) in subparagraph (A), by adding at the end 1 the following new sentence: ‘‘All special envoys, am- 2 bassadors, and coordinators located within the Bu- 3 reau of Democracy, Human Rights, and Labor shall 4 report directly to the Assistant Secretary.’’; 5 (2) in subparagraph (B)(ii)— 6 (A) by striking ‘‘section’’ and inserting 7 ‘‘sections 116 and’’; and 8 (B) by inserting before the period at the 9 end the following: ‘‘(commonly referred to as 10 the annual ‘Country Reports on Human Rights 11 Practices’)’’; and 12 (3) by adding at the end the following new sub- 13 paragraphs: 14 ‘‘(C) AUTHORITIES.—In addition to the duties, 15 functions, and responsibilities specified in this para- 16 graph, the Assistant Secretary of State for Democ- 17 racy, Human Rights, and Labor is authorized to— 18 ‘‘(i) promote democracy and actively sup- 19 port human rights throughout the world; 20 ‘‘(ii) promote the rule of law and good gov- 21 ernance throughout the world; 22 ‘‘(iii) strengthen, empower, and protect 23 civil society representatives, programs, and or- 24 ganizations, and facilitate their ability to en- 25 VerDate Sep 11 2014 22:44 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3352.RFS H3352 kjohnson on DSK79L0C42 with BILLS 10 HR 3352 RFS gage in dialogue with governments and other 1 civil society entities; 2 ‘‘(iv) work with regional bureaus to ensure 3 adequate personnel at diplomatic posts are as- 4 signed responsibilities relating to advancing de- 5 mocracy, human rights, labor rights, women’s 6 equal participation in society, and the rule of 7 law, with particular attention paid to adequate 8 oversight and engagement on such issues by 9 senior officials at such posts; 10 ‘‘(v) review and, as appropriate [Text truncated for display. 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