US Codex
Bill
Notes

Title II — Matters relating to the Department of State

S. 482 · 116th Congress · Feb 13, 2019 · Lineage

II Matters relating to the Department of State

A Public diplomacy modernization

Sec. 201 Avoiding duplication of programs and efforts

The Under Secretary for Public Diplomacy and Public Affairs of the Department of State shall—
(1)
identify opportunities for greater efficiency of operations, including through improved coordination of efforts across public diplomacy bureaus and offices of the Department; and
(2)
maximize shared use of resources between, and within, such public diplomacy bureaus and offices in cases in which programs, facilities, or administrative functions are duplicative or substantially overlapping.

Sec. 202 Improving research and evaluation of public diplomacy

(a)
In general— The Secretary of State 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 of State—
(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 among relevant target audiences;
(B)
report to the Director of Policy and Planning in the Office of Policy, Planning, and Resources under the Under Secretary for Public Diplomacy and Public Affairs of the Department;
(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 biannually to the United States Advisory Commission on Public Diplomacy, through the Commission’s Subcommittee on Research and Evaluation established pursuant to subsection (f), regarding the research and evaluation of all public diplomacy bureaus and offices of the Department.
(4)
Guidance and training— Not later than one year 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—
(A)
the Under Secretary for Public Diplomacy and Public Affairs of the Department of State should coordinate the human and financial resources that support the Department’s public diplomacy and public affairs programs and activities;
(B)
proposals or plans related to resource allocations for public diplomacy bureaus and offices should be routed through the Office of the Under Secretary for Public Diplomacy and Public Affairs for review and clearance; and
(C)
the Department should allocate, for the purposes of research and evaluation of public diplomacy activities and programs pursuant to subsection (a)—
(i)
3 to 5 percent of program funds made available under the heading “educational and cultural exchange programs”; and
(ii)
3 to 5 percent of program funds allocated for public diplomacy programs under the heading “diplomatic and consular programs”.
(d)
Limited exemption— Chapter 35 of title 44, United States Code (commonly known as the “Paperwork Reduction Act”) shall not apply to collections of information directed at foreign individuals conducted by, or on behalf of, the Department of State for the purpose of audience research, monitoring, and evaluations, and in connection with the Department’s activities conducted pursuant to the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1431 et seq.), the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.), section 1287 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 22 U.S.C. 2656 note), or the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.).
(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 United States Agency for Global Media.
(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 United States Agency for Global Media in carrying out research and evaluations of their respective public diplomacy programming.
(3)
Repeal of sunset— Section 1334 of the Foreign Affairs Reform and Restructuring Act of 1998 (22 U.S.C. 6553) is hereby repealed.
(g)
Definitions— In this section:
(1)
Audience research— The term audience research means research conducted at the outset of a public diplomacy program or campaign planning and design on specific audience segments to understand the attitudes, interests, knowledge, and behaviors of such audience segments.
(2)
Digital analytics— The term digital analytics means the analysis of qualitative and quantitative data, accumulated in digital format, to indicate the outputs and outcomes of a public diplomacy program or campaign.
(3)
Impact evaluation— The term impact evaluation means an assessment of the changes in the audience targeted by a public diplomacy program or campaign that can be attributed to such program or campaign.
(4)
Public diplomacy bureaus and offices— The term public diplomacy bureaus and offices means the Bureau of Educational and Cultural Affairs, the Bureau of Public Affairs, the Bureau of International Information Programs, the Office of Policy, Planning, and Resources, the Global Engagement Center, and the public diplomacy functions within the regional and functional bureaus.

B Other matters

Sec. 211 Department of State responsibilities with respect to cyberspace policy

(a)
Office of Cyberspace and the Digital Economy— Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended—
(1)
by redesignating subsection (g) as subsection (h); and
(2)
by inserting after subsection (f) the following:

“(g) Office of Cyberspace and the Digital Economy

“(1) In general—There is established, within the Department of State, an Office of Cyberspace and the Digital Economy (referred to in this subsection as the “Office”). The head of the Office shall have the rank and status of ambassador and shall be appointed by the President, by and with the advice and consent of the Senate.

“(2) Duties

“(A) In general—The head of the Office shall perform such duties and exercise such powers as the Secretary of State shall prescribe, including implementing the United States international cyberspace policy strategy issued by the Department of State in March 2016 pursuant to section 402 of the Cybersecurity Act of 2015 (division N of Public Law 114–113; 129 Stat. 2978).

“(B) Duties described—The principal duties and responsibilities of the head of the Office shall be—

“(i) to serve as the principal cyber policy official within the senior management of the Department of State and as the advisor to the Secretary of State for cyber issues;

“(ii) to lead the Department of State’s diplomatic cyberspace efforts, including efforts relating to international cybersecurity, Internet access, Internet freedom, digital economy, cybercrime, deterrence and international responses to cyber threats, and other issues that the Secretary assigns to the Office;

“(iii) to promote an open, interoperable, reliable, unfettered, and secure information and communications technology infrastructure for all critical infrastructure globally;

“(iv) to represent the Secretary of State in interagency efforts to develop and advance cyberspace policy described in subparagraph (A);

“(v) to coordinate cyberspace efforts and other relevant functions, including countering terrorists' use of cyberspace, within the Department of State and with other components of the United States Government;

“(vi) to act as a liaison to public and private sector entities on relevant cyberspace issues;

“(vii) to lead United States Government efforts to establish a global deterrence framework;

“(viii) to develop and execute adversary-specific strategies to influence adversary decisionmaking through the imposition of costs and deterrence strategies;

“(ix) to advise the Secretary and coordinate with foreign governments on external responses to national security level cyber incidents, including coordination on diplomatic response efforts to support allies threatened by malicious cyber activity, in conjunction with members of the North Atlantic Treaty Organization and other like-minded countries;

“(x) to promote the adoption of national processes and programs that enable threat detection, prevention, and response to malicious cyber activity emanating from the territory of a foreign country, including as such activity relates to the European allies of the United States, as appropriate;

“(xi) to promote the building of foreign capacity to protect the global network with the goal of enabling like-minded participation in deterrence frameworks;

“(xii) to promote the maintenance of an open and interoperable Internet governed by the multi-stakeholder model, instead of by centralized government control;

“(xiii) to promote an international regulatory environment for technology investments and the Internet that benefits United States economic and national security interests;

“(xiv) to promote cross border flow of data and combat international initiatives seeking to impose unreasonable requirements on United States businesses;

“(xv) to promote international policies to protect the integrity of United States and international telecommunications infrastructure from foreign-based, cyber-enabled threats;

“(xvi) to serve as the interagency coordinator for the United States Government on engagement with foreign governments on cyberspace and digital economy issues described in the Defending American Security from Kremlin Aggression Act of 2019;

“(xvii) to promote international policies to secure radio frequency spectrum for United States businesses and national security needs;

“(xviii) to promote and protect the exercise of human rights, including freedom of speech and religion, through the Internet;

“(xix) to build capacity of United States diplomatic officials to engage on cyber issues;

“(xx) to encourage the development and adoption by foreign countries of internationally recognized standards, policies, and best practices; and

“(xxi) to promote and advance international policies that protect individuals’ private data.

“(3) Qualifications—The head of the Office should be an individual of demonstrated competency in the fields of—

“(A) cybersecurity and other relevant cyber issues; and

“(B) international diplomacy.

“(4) Organizational placement

“(A) Initial placement—During the 4-year period beginning on the date of the enactment of the Defending American Security from Kremlin Aggression Act of 2019, the head of the Office shall report to the Under Secretary for Political Affairs or to an official holding a higher position than the Under Secretary for Political Affairs in the Department of State.

“(B) Subsequent placement—After the conclusion of the 4-year period referred to in subparagraph (A), the head of the Office shall report to—

“(i) an appropriate Under Secretary; or

“(ii) an official holding a higher position than Under Secretary.

“(5) Rule of construction—Nothing in this subsection may be construed to preclude—

“(A) the Office from being elevated to a Bureau within the Department of State; or

“(B) the head of the Office from being elevated to an Assistant Secretary, if such an Assistant Secretary position does not increase the number of Assistant Secretary positions at the Department above the number authorized under subsection (c)(1).”

(b)
Sense of Congress— It is the sense of Congress that the Office of Cyberspace and the Digital Economy established under section 1(g) of the State Department Basic Authorities Act of 1956, as added by subsection (a)—
(1)
should be a Bureau of the Department of State headed by an Assistant Secretary, subject to the rule of construction specified in paragraph (5)(B) of such section 1(g); and
(2)
should coordinate with other bureaus of the Department of State and use all tools at the disposal of the Office to combat activities taken by the Russian Federation, or on behalf of the Russian Federation, to undermine the cybersecurity and democratic values of the United States and other nations.
(c)
United Nations— The Permanent Representative of the United States to the United Nations should use the voice, vote, and influence of the United States to oppose any measure that is inconsistent with the United States international cyberspace policy strategy issued by the Department of State in March 2016 pursuant to section 402 of the Cybersecurity Act of 2015 (division N of Public Law 114–113; 129 Stat. 2978).

Sec. 212 Enhanced hiring authority for Department of State

(a)
Definitions— In this section:
(1)
Agency— The term agency has the meaning given the term in section 5721 of title 5, United States Code.
(2)
Appropriation— The term appropriation includes funds made available by statute and under section 9104 of title 31, United States Code.
(3)
Schedule A— The term Schedule A means positions other than those of a confidential or policy-determining character for which it is impracticable to examine, pursuant to section 213.3101 of title 5, Code of Federal Regulations, or successor regulation.
(b)
Authority—
(1)
In general— Subject to the availability of appropriations, the Secretary of State may procure the services of Schedule A employees in the amount and for the offices specified in paragraph (2) for the purpose of hiring individuals with special qualifications, including prior work experience involving economic or financial sanctions, for the development and implementation of economic and financial sanctions.
(2)
Assignment of Schedule A employees— Using the authority provided under paragraph (1), the Secretary of State may procure the services of—
(A)
not to exceed 5 Schedule A employees for the Office of Sanctions Coordination to be established pursuant to subsection (h) of section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a), as added by section 612; and
(B)
not to exceed 15 Schedule A employees for the Counter Threat Finance and Sanctions component of the Bureau of Economic and Business Affairs (EB/TFS).
(c)
Limitation— Positions in the Senior Executive Service may not be filled using the authority provided under subsection (b).
(d)
Equal opportunity and non-Discrimination— The Secretary of State shall ensure compliance with equal opportunity and other non-discrimination regulations of the United States Government in exercising the authority provided under subsection (b).
(e)
Report— The Secretary of State shall report to the Office of Personnel Management on an annual basis with respect to the number of Schedule A employees employed by the Department of State using the authority provided under subsection (b).

Sec. 213 Sense of Congress

It is the sense of Congress that—
(1)
the United States Agency for Global Media and its grantee networks have a critical mission to inform, engage, and connect people around the world in support of freedom and democracy; and
(2)
those networks must adhere to professional journalistic standards and integrity and not engage in disinformation activities.