SEC. 9001. Short Title.
This division may be cited as the “Department of State Authorization Act of 2022”.
Division I — Department of State Authorizations
DIVISION I Department of State Authorizations
SEC. 9002. Definitions.
In this division:
Administrator.— The term “Administrator” means the Administrator of USAID.
Appropriate congressional committees.— The term “appropriate congressional committees” means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
Department.— Unless otherwise specified, the term “Department” means the Department of State.
Secretary.— Unless otherwise specified, the term “Secretary” means the Secretary of State.
USAID.— The term “USAID” means the United States Agency for International Development.
TITLE XCI Organization and Operations of the Department of State
SEC. 9101. Modernizing the Bureau of Arms Control, Verification, and Compliance and the Bureau of International Security and Nonproliferation.
It is the sense of Congress that—
the Secretary should take steps to address staffing shortfalls in the chemical, biological, and nuclear weapons issue areas in the Bureau of Arms Control, Verification and Compliance and in the Bureau of International Security and Nonproliferation;
maintaining a fully staffed and resourced Bureau of Arms Control, Verification and Compliance and Bureau of International Security and Nonproliferation is necessary to effectively confront the threat of increased global proliferation; and
the Secretary, acting through the Bureau of Arms Control, Verification and Compliance and the Bureau of International Security and Nonproliferation, should increase efforts and dedicate resources to combat the dangers posed by the People’s Republic of China’s conventional and nuclear build- up, the Russian Federation’s tactical nuclear weapons and new types of nuclear weapons, bioweapons proliferation, dual use of life sciences research, and chemical weapons.
SEC. 9102. Notification to Congress for United States Nationals Unlawfully or Wrongfully Detained Abroad.
Section 302 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act (22 U.S.C. 1741) is amended—
in subsection (a), in the matter preceding paragraph (1), by inserting “ , as expeditiously as possible,” after “ review”; and
by amending subsection (b) to read as follows:
“(b) Referrals to Special Envoy; Notification to Congress.—
“(1) In general.—Upon a determination by the Secretary of State, based on the totality of the circumstances, that there is credible information that the detention of a United States national abroad is unlawful or wrongful, and regardless of whether the detention is by a foreign government or a nongovernmental actor, the Secretary shall—
“(A) expeditiously transfer responsibility for such case from the Bureau of Consular Affairs of the Department of State to the Special Presidential Envoy for Hostage Affairs; and
“(B) not later than 14 days after such determination, notify the Committee on Foreign Relations of the Senate, the Select Committee on Intelligence of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Permanent Select Committee on Intelligence of the House of Representatives of such determination and provide such committees with a summary of the facts that led to such determination.
“(2) Form.—The notification described in paragraph (1)(B) may be classified, if necessary.”
SEC. 9103. Family Engagement Coordinator.
Section 303 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act (22 U.S.C. 1741a) is amended by adding at the end the following:
“(d) Family Engagement Coordinator.—There shall be, in the Office of the Special Presidential Envoy for Hostage Affairs, a Family Engagement Coordinator, who shall ensure—
“(1) for a United States national unlawfully or wrongfully detained abroad, that—
“(A) any interaction by executive branch officials with any family member of such United States national occurs in a coordinated fashion;
“(B) such family member receives consistent and accurate information from the United States Government; and
“(C) appropriate coordination with the Family Engagement Coordinator described in section 304(c)(2); and
“(2) for a United States national held hostage abroad, that any engagement with a family member is coordinated with, consistent with, and not duplicative of the efforts of the Family Engagement Coordinator described in section 304(c)(2).”
SEC. 9104. Rewards for Justice.
Section 36(b) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(b)) is amended—
in paragraph (4), by striking “ or (10);” and inserting “ (10), or (14);”;
in paragraph (12), by striking “ or” at the end;
in paragraph (13), by striking the period at the end and inserting “ ; or”; and
by adding at the end the following:
“(14) the prevention, frustration, or resolution of the hostage taking of a United States person, the identification, location, arrest, or conviction of a person responsible for the hostage taking of a United States person, or the location of a United States person who has been taken hostage, in any country.”
SEC. 9105. Ensuring Geographic Diversity and Accessibility of Passport Agencies.
Sense of Congress.— It is the sense of Congress that Department initiatives to expand passport services and accessibility, including through online modernization projects, should include the construction of new physical passport agencies.
Review.— The Secretary shall conduct a review of the geographic diversity and accessibility of existing passport agencies to identify—
the geographic areas in the continental United States that are farther than 6 hours’ driving distance from the nearest passport agency;
the per capita demand for passport services in the areas described in paragraph (1); and
a plan to ensure that in-person services at physical passport agencies are accessible to all eligible Americans, including Americans living in large population centers, in rural areas, and in States with a high per capita demand for passport services.
Considerations.— The Secretary shall consider the metrics identified in paragraphs (1) and (2) of subsection (b) when determining locations for the establishment of new physical passport agencies.
Report.— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of the House of Representatives that contains the findings of the review conducted pursuant to subsection (b).
SEC. 9106. Cultural Antiquities Task Force.
The Secretary is authorized to use up to $1,200,000 for grants to carry out the activities of the Cultural Antiquities Task Force.
SEC. 9107. Office of Sanctions Coordination.
Extension of Authorities.— Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended, in paragraph (4)(B) of subsection (l), as redesignated by section 9502(a)(2) of this Act, by striking “ the date that is two years after the date of the enactment of this subsection” and inserting “ December 31, 2024”.
Briefing.— Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury, or the Secretary’s designee, shall brief the appropriate congressional committees with respect to the steps that the Office of Sanctions Coordination has taken to coordinate its activities with the Department of the Treasury and humanitarian aid programs, in an effort to help ensure appropriate flows of humanitarian assistance and goods to countries subject to United States sanctions.
SEC. 9108. Sense of Congress and Strategic Plan Regarding the Department of State’s Unit for Subnational Diplomacy.
Definitions.— In this section:
Municipal.— The term “municipal” means the government of a city in the United States with a population of not fewer than 100,000 people.
State.— The term “State” means the 50 States of the United States, the District of Columbia, and any territory or possession of the United States.
Subnational engagement.— The term “subnational engagement” means formal meetings or events between elected officials of a State or municipal government and their foreign counterparts.
Sense of Congress.— It is the sense of Congress that—
the growth of subnational cooperation has enabled States and municipalities to play an increasingly significant role in foreign policy and complement the efforts of the Department;
the Department’s recently established Unit for Subnational Diplomacy will play a critical role in leveraging the Department’s resources to support State and municipal governments in conducting subnational engagement and increasing cooperation with foreign allies and partners; and
in facilitating such subnational engagements, the Department should engage with a broad array of United States cities without regard to their population size or location;
Strategic Plan.— The Special Representative for Subnational Diplomacy shall submit a strategic plan to the appropriate congressional committees for the operations of the Unit for Subnational Diplomacy, including the Department’s plans for—
supporting subnational engagements involving policymakers from urban and rural areas to improve United States foreign policy effectiveness;
enhancing the awareness, understanding, and involvement of United States citizens, including citizens residing in urban and rural areas, in the foreign policy process;
countering subnational diplomacy efforts from adversarial nations;
strengthening engagement with foreign subnational governments; and
any other operations that the Secretary determines to be relevant.
Rule of Construction.— Nothing in this subsection may be construed to preclude—
the Unit for Subnational Diplomacy Office from being elevated to a bureau within the Department; or
the Special Representative for Subnational Diplomacy from being elevated to an Assistant Secretary if the addition of such Assistant Secretary position does not increase the number of Assistant Secretary positions at the Department above the number of such positions authorized under section 1(c)(1) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(1)).
TITLE XCII Personnel Issues
SEC. 9201. Department of State Paid Student Internship Program.
In General.— The Secretary shall establish the Department of State Student Internship Program (referred to in this section as the “Program”) to offer internship opportunities at the Department to eligible students to raise awareness of the essential role of diplomacy in the conduct of United States foreign policy and the realization of United States foreign policy objectives.
Eligibility.—
In general.— An applicant is eligible to participate in the Program if the applicant is enrolled at—
an institution of higher education (as such term is defined in section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a))); or
an institution of higher education based outside the United States, as determined by the Secretary of State.
Additional eligibility criteria.— An applicant in the Program should be—
enrolled at least half-time in an institution described in paragraph (1); and
eligible to receive and hold an appropriate security clearance.
Selection.— The Secretary shall establish selection criteria for students to be admitted into the Program that includes a demonstrated interest in a career in foreign affairs.
Outreach.— The Secretary shall—
widely advertise the Program, including—
on the internet;
through the Department’s Diplomats in Residence program; and
through other outreach and recruiting initiatives targeting undergraduate and graduate students; and
conduct targeted outreach to encourage participation in the Program from—
individuals belonging to an underrepresented group; and
students enrolled at minority-serving institutions (which shall include any institution listed in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
Compensation.—
Housing assistance.—
Abroad.— The Secretary shall provide housing assistance to any student participating in the Program whose permanent address is within the United States if the location of the internship in which such student is participating is outside of the United States.
Domestic.— The Secretary may provide housing assistance to a student participating in the Program whose permanent address is within the United States if the location of the internship in which such student is participating is more than 50 miles away from such student’s permanent address.
Travel assistance.— The Secretary shall provide a student participating in the Program whose permanent address is within the United States with financial assistance that is sufficient to cover the travel costs of a single round trip by air, train, bus, or other appropriate transportation between the student’s permanent address and the location of the internship in which such student is participating if such location is—
more than 50 miles from the student’s permanent address; or
outside of the United States.
Working With Institutions of Higher Education.— The Secretary, to the maximum extent practicable, shall structure internships to ensure that such internships satisfy criteria for academic credit at the institutions of higher education in which participants in such internships are enrolled.
Transition Period.—
In general.— Except as provided in paragraphs (2) and (3), beginning not later than 2 years after the date of the enactment of this Act—
the Secretary shall convert unpaid internship programs of the Department, including the Foreign Service Internship Program, to internship programs that offer compensation; and
upon selection as a candidate for entry into an internship program of the Department, a participant in such internship program may refuse compensation, including if doing so allows such participant to receive college or university curricular credit.
Exception.— The transition required under paragraph (1) shall not apply to unpaid internship programs of the Department that are part of the Virtual Student Federal Service internship program.
Waiver.—
In general.— The Secretary may waive the requirement under paragraph (1)(A) with respect to a particular unpaid internship program if the Secretary, not later than 30 days after making a determination that the conversion of such internship program to a compensated internship program would not be consistent with effective management goals, submits a report explaining such determination to—
the appropriate congressional committees;
the Committee on Appropriations of the Senate; and
the Committee on Appropriations of the House of Representatives.
Report.— The report required under subparagraph (A) shall—
describe the reasons why converting an unpaid internship program of the Department to an internship program that offers compensation would not be consistent with effective management goals; and
provide justification for maintaining such unpaid status indefinitely; or
identify any additional authorities or resources that would be necessary to convert such unpaid internship program to offer compensation in the future.
Reports.— Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit a report to the committees referred to in subsection (g)(3)(A) that includes—
data, to the extent the collection of such information is permissible by law, regarding the number of students who applied to the Program, were offered a position, and participated, respectively, disaggregated by race, ethnicity, sex, institution of higher education, home State, State where each student graduated from high school, and disability status;
data regarding the number of security clearance investigations initiated for the students described in paragraph (1), including the timeline for such investigations, whether such investigations were completed, and when an interim security clearance was granted;
information on Program expenditures;
information regarding the Department’s compliance with subsection (g); and
the number of internship participants subsequently employed by the Department, if any, following their participation in the Program.
Voluntary Participation.—
In general.— Nothing in this section may be construed to compel any student who is a participant in an internship program of the Department to participate in the collection of the data or divulge any personal information. Such students shall be informed that their participation in the data collection under this section is voluntary.
Privacy protection.— Any data collected under this section shall be subject to the relevant privacy protection statutes and regulations applicable to Federal employees.
Special Hiring Authority.— Notwithstanding any other provision of law, the Secretary, in consultation with the Director of the Office of Personnel Management, with respect to the number of interns to be hired each year, may—
select, appoint, and employ individuals for up to 1 year through compensated internships in the excepted service; and
remove any compensated intern employed pursuant to paragraph (1) without regard to the provisions of law governing appointments in the excepted service.
SEC. 9202. Improvements to the Prevention of, and the Response to, Harassment, Discrimination, Sexual Assault, and Related Retaliation.
Policies.— The Secretary should develop and strengthen policies regarding harassment, discrimination, sexual assault, and related retaliation, including policies for—
addressing, reporting, and providing transitioning support;
advocacy, service referrals, and travel accommodations; and
disciplining personnel that violate Department policies regarding harassment, discrimination, sexual assault, or related retaliation.
Disciplinary Action.—
Separation for cause.— Section 610(a)(1) of the Foreign Service Act of 1980 (22 U.S.C. 4010(a)(1)), is amended—
by striking “ decide to”; and
by inserting “ , including upon receiving notification from the Bureau of Diplomatic Security that such member has engaged in criminal misconduct, such as murder, rape, or other sexual assault” before the period at the end.
Update to manual.— The Director of Global Talent Management shall—
update the “Grounds for Disciplinary Action” and “List of Disciplinary Offenses and Penalties” sections of the Foreign Affairs Manual to reflect the amendments made under paragraph (1); and
communicate such updates to Department staff through publication in Department Notices.
Sexual Assault Prevention and Response Victim Advocates.— The Secretary shall ensure that the Diplomatic Security Service’s Victims’ Resource Advocacy Program—
is appropriately staffed by advocates who are physically present at—
the headquarters of the Department; and
major domestic and international facilities and embassies, as determined by the Secretary;
considers the logistics that are necessary to allow for the expedient travel of victims from Department facilities that do not have advocates; and
uses funds available to the Department to provide emergency food, shelter, clothing, and transportation for victims involved in matters being investigated by the Diplomatic Security Service.
SEC. 9203. Increasing the Maximum Amount Authorized for Science and Technology Fellowship Grants and Cooperative Agreements.
Section 504(e)(3) of the Foreign Relations Authorization Act, Fiscal Year 1979 (22 U.S.C. 2656d(e)(3)) is amended by striking “ $500,000” and inserting “ $2,000,000”.
SEC. 9204. Additional Personnel to Address Backlogs in Hiring and Investigations.
In General.— The Secretary shall seek to increase the number of personnel within the Bureau of Global Talent Management and the Office of Civil Rights to address backlogs in hiring and investigations into complaints conducted by the Office of Civil Rights.
Employment Targets.— The Secretary shall seek to employ—
not fewer than 15 additional personnel in the Bureau of Global Talent Management and the Office of Civil Rights (compared to the number of personnel so employed as of the day before the date of the enactment of this Act) by the date that is 180 days after such date of enactment; and
not fewer than 15 additional personnel in such Bureau and Office (compared to the number of personnel so employed as of the day before the date of the enactment of this Act) by the date that is 1 year after such date of enactment.
SEC. 9205. Foreign Affairs Training.
Sense of Congress.— It is the sense of Congress that—
Congress has recognized, including in division E of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81), that the Department is a crucial national security agency, whose employees, both Foreign Service and Civil Service, require the best possible training and professional development at every stage of their careers to prepare them to promote and defend United States national interests and the health and safety of United States citizens abroad; and
the new and evolving challenges of national security in the 21st century necessitate the expansion of standardized training and professional development opportunities linked to equal, accountable, and transparent promotion and leadership practices for Department and other national security agency personnel.
Defined Term.— In this section, the term “appropriate committees of Congress” means—
the Committee on Foreign Relations of the Senate;
the Committee on Appropriations of the Senate;
the Committee on Foreign Affairs of the House of Representatives; and
the Committee on Appropriations of the House of Representatives.
Training and Professional Development Prioritization.— Section 5108(c) of division E of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) is amended to read as follows:
“(c) Training and Professional Development Prioritization.—In order to provide the Civil Service and the Foreign Service with the level of professional development and training needed to effectively advance United States interests across the world, the Secretary of State shall—
“(1) increase relevant offerings provided by the Department of State—
“(A) of interactive virtual instruction to make training and professional development more accessible and useful to personnel deployed throughout the world; or
“(B) at partner organizations, including universities, industry entities, and nongovernmental organizations, throughout the United States to provide useful outside perspectives to Department of State personnel by providing such personnel—
“(i) a more comprehensive outlook on different sectors of United States society;
“(ii) practical experience dealing with commercial corporations, universities, labor unions, and other institutions critical to United States diplomatic success; and
“(iii) courses specifically focused on commercial diplomacy that increase the understanding of private sector needs that arise as United States companies enter and compete in the international market;
“(2) provide the opportunity to participate in courses using computer-based or computer-assisted simulations, allowing civilian officers to lead decision making in a crisis environment, and encourage officers of the Department of State, and reciprocally, officers of other Federal departments to participate in similar exercises held by the Department of State or other government organizations and the private sector;
“(3) increase the duration and expand the focus of certain training and professional development courses, including by extending—
“(A) the A–100 entry-level course to as long as 12 weeks, which better matches the length of entry-level training and professional development provided to the officers in other national security departments and agencies; and
“(B) the Chief of Mission course to as long as 6 weeks for first time Chiefs of Mission and creating comparable courses for new Assistant Secretaries and Deputy Assistant Secretaries to more accurately reflect the significant responsibilities accompanying such roles; and
“(4) ensure that Foreign Service officers who are assigned to a country experiencing significant population displacement due to the impacts of climatic and non-climatic shocks and stresses, including rising sea levels and lack of access to affordable and reliable energy and electricity, receive specific instruction on United States policy with respect to resiliency and adaptation to such climatic and non-climatic shocks and stresses.”
Fellowships.— The Director General of the Foreign Service shall—
expand and establish new fellowship programs for Foreign Service and Civil Service officers that include short- and long-term opportunities at organizations, including—
think tanks and nongovernmental organizations;
the Department of Defense and other relevant Federal agencies;
industry entities, especially such entities related to technology, global operations, finance, and other fields directly relevant to international affairs; and
schools of international relations and other relevant programs at universities throughout the United States; and
not later than 180 days after the date of the enactment of this Act, submit a report to Congress that describes how the Department could expand the Pearson Fellows Program for Foreign Service Officers and the Brookings Fellow Program for Civil Servants to provide fellows in such programs with the opportunity to undertake a follow-on assignment within the Department in an office in which fellows will gain practical knowledge of the people and processes of Congress, including offices other than the Legislative Affairs Bureau, including—
an assessment of the current state of congressional fellowships, including the demand for fellowships, support for applicants to pursue and perform such fellowships, and the value the fellowships provide to both the career of the officer and to the Department; and
an assessment of the options for making congressional fellowships for both the Foreign Service and the Civil Service more career-enhancing.
Board of Visitors of the Foreign Service Institute.—
Establishment.— The Secretary is authorized to establish a Board of Visitors of the Foreign Service Institute (referred to in this subsection as the “Board”). It is the sense of Congress that the Board should be established not later than 1 year after the date of the enactment of this Act.
Duties.— The Board authorized by this subsection shall be comprised of 12 members, who shall be appointed by the Secretary and shall provide the Secretary with independent advice and recommendations regarding organizational management, strategic planning, resource management, curriculum development, and other matters of interest to the Foreign Service Institute, including regular observations about how well the Department is integrating training and professional development into the work of the Bureau for Global Talent Management.
Membership.—
Qualifications.— Members of the Board shall be appointed from among individuals who—
are not officers or employees of the Federal Government; and
are eminent authorities in the fields of diplomacy, national security, management, leadership, economics, trade, technology, or advanced international relations education.
Outside expertise.—
In general.— Not fewer than 6 members of the Board shall have a minimum of 10 years of relevant expertise outside the field of diplomacy.
Prior senior service at the department.— Not more than 6 members of the Board may be persons who previously served in the Senior Foreign Service or the Senior Executive Service at the Department.
Terms.— Each member of the Board shall be appointed for a term of 3 years, except that of the members first appointed—
4 members shall be appointed for a term of 3 years;
4 members shall be appointed for a term of 2 years; and
4 members shall be appointed for a term of 1 year.
Chairperson; vice chairperson.—
Approval.— The Chairperson and Vice Chairperson of the Board shall be approved by the Secretary of State based upon a recommendation from the members of the Board.
Service.— The Chairperson and Vice Chairperson shall serve at the discretion of the Secretary.
Meetings.— The Board shall meet—
at the call of the Director of the Foreign Service Institute and the Chairperson; and
not fewer than 2 times per year.
Compensation.— Each member of the Board shall serve without compensation, except that a member of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Board. Notwithstanding section 1342 of title 31, United States Code, the Secretary may accept the voluntary and uncompensated service of members of the Board.
Applicability of federal advisory committee act.— The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Board established under this subsection.
Establishment of Provost of the Foreign Service Institute.—
Establishment.— There is established in the Foreign Service Institute the position of Provost.
Appointment; reporting.— The Provost shall—
be appointed by the Secretary; and
report to the Director of the Foreign Service Institute.
Qualifications.— The Provost, who should be a member of the Senior Executive Service, shall have—
experience in the field of diplomacy, national security, education, management, leadership, economics, history, trade, adult education, or technology; and
significant experience outside the Department, whether in other national security agencies or in the private sector, and preferably in positions of authority in educational institutions or the field of professional development and mid-career training with oversight for the evaluation of academic programs.
Duties.— The Provost shall—
oversee, review, evaluate, and coordinate the academic curriculum for all courses taught and administered by the Foreign Service Institute; and
coordinate the development of an evaluation system to ascertain the utility of the information and skills imparted by each such course, such that, to the extent practicable, performance assessments can be included in the personnel records maintained by the Bureau of Global Talent Management and utilized in Foreign Service Selection Boards.
Compensation.— The Provost shall receive a salary commensurate with the rank and experience of a member of the Senior Executive Service, as determined by the Secretary.
Other Agency Responsibilities and Opportunities for Congressional Staff.—
Other agencies.— National security agencies other than the Department should be afforded the ability to increase the enrollment of their personnel in courses at the Foreign Service Institute and other training and professional development facilities of the Department to promote a whole-of-government approach to mitigating national security challenges.
Congressional staff.— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that describes—
the training and professional development opportunities at the Foreign Service Institute and other Department facilities available to congressional staff;
the budget impacts of offering such opportunities to congressional staff; and
potential course offerings.
Strategy for Adapting Training Requirements for Modern Diplomatic Needs.—
In general.— Not later than 1 year after the date of the enactment of this Act, the Secretary shall develop and submit to the appropriate committees of Congress a strategy for adapting and evolving training requirements to better meet the Department’s current and future needs for 21st century diplomacy.
Elements.— The strategy required under paragraph (1) shall include the following elements:
Integrating training requirements into the Department’s promotion policies, including establishing educational and professional development standards for training and attainment to be used as a part of tenure and promotion guidelines.
Addressing multiple existing and emerging national security challenges, including—
democratic backsliding and authoritarianism;
countering, and assisting United States allies to address, state-sponsored disinformation, including through the Global Engagement Center;
cyber threats;
the aggression and malign influence of Russia, Cuba, Iran, North Korea, the Maduro Regime, and the Chinese Communist Party’s multi-faceted and comprehensive challenge to the rules-based order;
the implications of climate change for United States diplomacy; and
nuclear threats.
An examination of the likely advantages and disadvantages of establishing residential training for the A–100 orientation course administered by the Foreign Service Institute and evaluating the feasibility of residential training for other long-term training opportunities.
An examination of the likely advantages and disadvantages of establishing a press freedom curriculum for the National Foreign Affairs Training Center that enables Foreign Service officers to better understand issues of press freedom and the tools that are available to help protect journalists and promote freedom of the press norms, which may include—
the historic and current issues facing press freedom, including countries of specific concern;
the Department’s role in promoting press freedom as an American value, a human rights issue, and a national security imperative;
ways to incorporate press freedom promotion into other aspects of diplomacy; and
existing tools to assist journalists in distress and methods for engaging foreign governments and institutions on behalf of individuals engaged in journalistic activity who are at risk of harm.
The expansion of external courses offered by the Foreign Service Institute at academic institutions or professional associations on specific topics, including in-person and virtual courses on monitoring and evaluation, audience analysis, and the use of emerging technologies in diplomacy.
Utilization of existing resources.— In examining the advantages and disadvantages of establishing a residential training program pursuant to paragraph (2)(C), the Secretary shall—
collaborate with other national security departments and agencies that employ residential training for their orientation courses; and
consider using the Department’s Foreign Affairs Security Training Center in Blackstone, Virginia.
Report and Briefing Requirements.—
Report.— Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that includes—
a strategy for broadening and deepening professional development and training at the Department, including assessing current and future needs for 21st century diplomacy;
the process used and resources needed to implement the strategy referred to in subparagraph (A) throughout the Department; and
the results and impact of the strategy on the workforce of the Department, particularly the relationship between professional development and training and promotions for Department personnel, and the measurement and evaluation methods used to evaluate such results.
Briefing.— Not later than 1 year after the date on which the Secretary submits the report required under paragraph (1), and annually thereafter for 2 years, the Secretary shall provide to the appropriate committees of Congress a briefing on the information required to be included in the report.
Foreign Language Maintenance Incentive Program.—
Authorization.— The Secretary is authorized to establish and implement an incentive program, with a similar structure as the Foreign Language Proficiency Bonus offered by the Department of Defense, to encourage members of the Foreign Service who possess language proficiency in any of the languages that qualify for additional incentive pay, as determined by the Secretary, to maintain critical foreign language skills.
Report.— Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that includes a detailed plan for implementing the program authorized under paragraph (1), including anticipated resource requirements to carry out such program.
SEC. 9206. Facilitation and Encouragement of Training and Professional Development for Foreign Service and Civil Service Personnel.
Sense of Congress.— It is the sense of Congress that recognition throughout the Department of the value and importance of training and professional development for Foreign Service and Civil Service personnel is vital to the development and maintenance by such personnel of the skills and expertise required for the Department to contribute fully and effectively to the conduct of the foreign affairs of the United States.
Study and Report.—
In general.— The Secretary, in consultation with the heads of relevant Federal agencies, shall conduct a study of the feasibility and cost of establishing a diplomatic officers’ reserve corps or similar mechanism to augment the Department’s personnel needs at any level on a temporary or permanent basis.
Elements.— In conducting the study required under paragraph (1), the Secretary shall consider whether the diplomatic officers’ reserve corps should be modeled on the Senior Reserve Officers’ Training Corps established under chapter 103 of title 10, United States Code, to encourage the recruitment and retention of personnel who have the critical language skills necessary to meet the requirements of the Foreign Service by providing financial assistance to students studying critical languages at institutions of higher education.
Report.— Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that contains the results of the study conducted pursuant to paragraph (1).
Training and Development in Promotion Precepts and Evaluation Criteria.—
Foreign service.— The Secretary shall take appropriate action to ensure accountability and transparency in the evaluation of the precepts described in section 603 of the Foreign Service Act of 1980 (22 U.S.C. 4003) upon which the selection boards established pursuant to section 602 of such Act (22 U.S.C. 4002) make recommendations for the promotion of members of the Foreign Service under section 601 of such Act (22 U.S.C. 4001) by affording equal consideration to the undertaking of training, professional development, and foreign language acquisition and retention among any other objective criteria considered by selection boards in making such recommendations.
Civil service.— The Secretary shall take appropriate action to ensure that the performance standards for any job performance appraisal system for Civil Service personnel of the Department afford equal consideration to the undertaking of training, professional development, and foreign language acquisition and retention among any other objective criteria in the evaluation of the job performance of such personnel.
Response to Subordinate Training and Development Needs in Evaluation of Supervisor Performance.—
Foreign service.— The Secretary shall take appropriate action to ensure that the evaluation of precepts for recommendations for promotion described in subsection (c)(1) for members of the Foreign Service in supervisory positions incorporates the extent to which such members appropriately address the training and professional development needs of the personnel under their supervision.
Civil service.— The Secretary shall take appropriate action to ensure that the performance standards described in subsection (c)(2) for Civil Service personnel of the Department in supervisory positions afford appropriate weight to addressing the training and professional development needs of the personnel under their supervision.
SEC. 9207. Security Clearance Approval Process.
Recommendations.— Not later than 270 days after the date of the enactment of this Act, the Secretary, in coordination with the Director of National Intelligence, shall submit recommendations to the appropriate congressional committees for streamlining the security clearance approval process within the Bureau of Diplomatic Security so that the security clearance approval process for Civil Service and Foreign Service applicants is completed within 6 months, on average, and within 1 year, in the vast majority of cases.
Report.— Not later than 90 days after the recommendations are submitted pursuant to subsection (a), the Secretary shall submit a report to the Committee on Foreign Relations of the Senate, the Select Committee on Intelligence of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Permanent Select Committee on Intelligence of the House of Representatives that—
describes the status of the efforts of the Department to streamline the security clearance approval process; and
identifies any remaining obstacles preventing security clearances from being completed within the time frames set forth in subsection (a), including lack of cooperation or other actions by other Federal departments and agencies.
SEC. 9208. Addendum for Study on Foreign Service Allowances.
In General.— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees an addendum to the report required under section 5302 of the Department of State Authorization Act of 2021 (division E of Public Law 117–81), which shall be entitled the “Report on Bidding for Domestic and Overseas Posts and Filling Unfilled Positions”. The addendum shall be prepared using input from the same federally funded research and development center that prepared the analysis conducted for the purposes of such report.
Elements.— The addendum required under subsection (a) shall include—
the total number of domestic and overseas positions open during the most recent summer bidding cycle;
the total number of bids each position received;
the number of unfilled positions at the conclusion of the most recent summer bidding cycle, disaggregated by bureau; and
detailed recommendations and a timeline for—
increasing the number of qualified bidders for underbid positions; and
minimizing the number of unfilled positions at the end of the bidding season.
SEC. 9209. Curtailments, Removals from Post, and Waivers of Privileges and Immunities.
Curtailments Report.—
In general.— Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary shall submit a report to the appropriate congressional committees regarding curtailments of Department personnel from overseas posts.
Contents.— The Secretary shall include in the report required under paragraph (1)—
relevant information about any post that, during the 6-month period preceding the report—
had more than 5 curtailments; or
had curtailments representing more than 5 percent of Department personnel at such post; and
for each post referred to in subparagraph (A), the number of curtailments, disaggregated by month of occurrence.
Additional contents for initial report.— The initial report submitted pursuant to paragraph (1) shall identify—
the number of curtailments at the Deputy Chief of Mission or Principal Officer level for each of the previous 5 years; and
to the extent practicable—
the number of such curtailments that were voluntary and the number of such curtailments that were involuntary; and
the number of those curtailed who left the service within 1 year after such curtailment.
Removal of Diplomats.— Not later than 20 days after the date on which any United States personnel under Chief of Mission authority is declared persona non grata by a host government, the Secretary shall—
notify the Committee on Foreign Relations of the Senate, the Select Committee on Intelligence of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Permanent Select Committee on Intelligence of the House of Representatives of such declaration; and
include with such notification—
the official reason for such declaration (if provided by the host government);
the date of the declaration; and
whether the Department responded by declaring a host government’s diplomat in the United States persona non grata.
Waiver of Privileges and Immunities.— Not later than 15 days after any waiver of privileges and immunities pursuant to the Vienna Convention on Diplomatic Relations, done at Vienna April 18, 1961, that is applicable to an entire diplomatic post or to the majority of United States personnel under Chief of Mission authority, the Secretary shall notify the appropriate congressional committees of such waiver and the reason for such waiver.
Termination.— This section shall terminate on the date that is 5 years after the date of the enactment of this Act.
SEC. 9210. Report on Worldwide Availability.
In General.— Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees on the feasibility of requiring that each member of the Foreign Service, at the time of entry into the Foreign Service and thereafter, be worldwide available, as determined by the Secretary.
Contents.— The report required under subsection (a) shall include—
the feasibility of a worldwide availability requirement for all members of the Foreign Service;
considerations if such a requirement were to be implemented, including the potential effect on recruitment and retention; and
recommendations for exclusions and limitations, including exemptions for medical reasons, disability, and other circumstances.
SEC. 9211. Professional Development.
Requirements.— The Secretary shall strongly encourage that Foreign Service officers seeking entry into the Senior Foreign Service participate in professional development described in subsection (c).
Requirements.— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit recommendations on requiring that Foreign Service officers complete professional development described in subsection (c) to be eligible for entry into the Senior Foreign Service.
Professional Development Described.— Professional development described in this subsection is not less than 6 months of training or experience outside of the Department, including time spent—
as a detailee to another government agency, including Congress or a State, Tribal, or local government; or
in Department-sponsored and -funded university training that results in an advanced degree, excluding time spent at a university that is fully funded or operated by the Federal Government.
Promotion Precepts.— The Secretary shall instruct promotion boards to consider positively long-term training and out-of-agency detail assignments as described in this section.
SEC. 9212. Management Assessments at Diplomatic and Consular Posts.
In General.— Beginning not later than 1 year after the date of the enactment of this Act, the Secretary shall annually conduct, at each diplomatic and consular post, a voluntary survey, which shall be offered to all staff assigned to that post who are citizens of the United States (excluding the Chief of Mission) to assess the management and leadership of that post by the Chief of Mission, the Deputy Chief of Mission, and the Charge d’Affaires.
Anonymity.— All responses to the survey shall be—
fully anonymized; and
made available to the Director General of the Foreign Service.
Survey.— The survey shall seek to assess—
the general morale at post;
the presence of any hostile work environment;
the presence of any harassment, discrimination, retaliation, or other mistreatment; and
effective leadership and collegial work environment.
Director General Recommendations.— Upon compilation and review of the surveys, the Director General of the Foreign Service shall issue recommendations to posts, as appropriate, based on the findings of the surveys.
Referral.— If the surveys reveal any action that is grounds for referral to the Inspector General of the Department of State and the Foreign Service, the Director General of the Foreign Service may refer the matter to the Inspector General of the Department of State and the Foreign Service, who shall, as the Inspector General considers appropriate, conduct an inspection of the post in accordance with section 209(b) of the Foreign Service Act of 1980 (22 U.S.C. 3929(b)).
Annual Report.— The Director General of the Foreign Service shall submit an annual report to the appropriate congressional committees that includes—
any trends or summaries from the surveys;
the posts where corrective action was recommended or taken in response to any issues identified by the surveys; and
the number of referrals to the Inspector General of the Department of State and the Foreign Service, as applicable.
Initial Basis.— The surveys and reports required under this section shall be carried out on an initial basis for the 5-year period beginning on the date of the enactment of this Act.
SEC. 9213. Independent Review of Promotion Policies.
Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a comprehensive review of the policies, personnel, organization, and processes related to promotions within the Department, including—
a review of—
the selection and oversight of Foreign Service promotion panels; and
the use of quantitative data and metrics in such panels;
an assessment of the promotion practices of the Department, including how promotion processes are communicated to the workforce and appeals processes; and
recommendations for improving promotion panels and promotion practices.
SEC. 9214. Third Party Verification of Permanent Change of Station (pcs) Orders.
Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a mechanism for third parties to verify the employment of, and the validity of permanent change of station (PCS) orders received by, members of the Foreign Service, in a manner that protects the safety, security, and privacy of sensitive employee information.
SEC. 9215. Post-Employment Restrictions on Senate-Confirmed Officials at the Department of State.
Sense of Congress.— It is the sense of Congress that—
Congress and the executive branch have recognized the importance of preventing and mitigating the potential for conflicts of interest following government service, including with respect to senior United States officials working on behalf of foreign governments; and
Congress and the executive branch should jointly evaluate the status and scope of post-employment restrictions.
Restrictions.— Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended by adding at the end the following:
“(m) Extended Post-employment Restrictions for Certain Senate-confirmed Officials.—
“(1) Definitions.—In this subsection:
“(A) Country of concern.—The term ‘country of concern’ means—
“(i) the People’s Republic of China;
“(ii) the Russian Federation;
“(iii) the Islamic Republic of Iran;
“(iv) the Democratic People’s Republic of Korea;
“(v) the Republic of Cuba; and
“(vi) the Syrian Arab Republic.
“(B) Foreign government entity.—The term ‘foreign governmental entity’ includes—
“(i) any person employed by—
“(I) any department, agency, or other entity of a foreign government at the national, regional, or local level;
“(II) any governing party or coalition of a foreign government at the national, regional, or local level; or
“(III) any entity majority-owned or majority-controlled by a foreign government at the national, regional, or local level; and
“(ii) in the case of a country of concern, any company, economic project, cultural organization, exchange program, or nongovernmental organization that is more than 33 percent owned or controlled by the government of such country.
“(C) Representation.—The term ‘representation’ does not include representation by an attorney, who is duly licensed and authorized to provide legal advice in a United States jurisdiction, of a person or entity in a legal capacity or for the purposes of rendering legal advice.
“(2) Secretary of state and deputy secretary of state.—With respect to a person serving as the Secretary of State or the Deputy Secretary of State, the restrictions described in section 207(f)(1) of title 18, United States Code, shall apply to any such person who knowingly represents, aids, or advises a foreign governmental entity before an officer or employee of the executive branch of the United States with the intent to influence a decision of such officer or employee in carrying out his or her official duties at any time after the termination of such person’s service as Secretary or Deputy Secretary.
“(3) Under secretaries, assistant secretaries, and ambassadors.—With respect to a person serving as an Under Secretary, Assistant Secretary, or Ambassador at the Department of State or as the United States Permanent Representative to the United Nations, the restrictions described in section 207(f)(1) of title 18, United States Code, shall apply to any such person who knowingly represents, aids, or advises—
“(A) a foreign governmental entity before an officer or employee of the executive branch of the United States with the intent to influence a decision of such officer or employee in carrying out his or her official duties for 3 years after the termination of such person’s service in a position described in this paragraph, or the duration of the term or terms of the President who appointed that person to their position, whichever is longer; or
“(B) a foreign governmental entity of a country of concern before an officer or employee of the executive branch of the United States with the intent to influence a decision of such officer or employee in carrying out his or her official duties at any time after the termination of such person’s service in a position described in this paragraph.
“(4) Penalties and injunctions.—Any violations of the restrictions under paragraphs (2) or (3) shall be subject to the penalties and injunctions provided for under section 216 of title 18, United States Code.
“(5) Notice of restrictions.—Any person subject to the restrictions under this subsection shall be provided notice of these restrictions by the Department of State—
“(A) upon appointment by the President; and
“(B) upon termination of service with the Department of State.
“(6) Effective date.—The restrictions under this subsection shall apply only to persons who are appointed by the President to the positions referenced in this subsection on or after 120 days after the date of the enactment of the Department of State Authorization Act of 2022.
“(7) Sunset.—The restrictions under this subsection shall expire on the date that is 5 years after the date of the enactment of the Department of State Authorization Act of 2022.”
SEC. 9216. Expansion of Authorities Regarding Special Rules for Certain Monthly Workers’ Compensation Payments and Other Payments.
Section 901 of division J of the Further Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b) is amended by adding at the end the following:
“(j) Expansion of Authorities.—The head of any Federal agency may exercise the authorities of this section, including to designate an incident, whether the incident occurred in the United States or abroad, for purposes of subparagraphs (A)(ii) and (B)(ii) of subsection (e)(4) when the incident affects United States Government employees of the agency or their dependents who are not under the security responsibility of the Secretary of State as set forth in section 103 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4802) or when operational control of overseas security responsibility for such employees or dependents has been delegated to the head of the agency.”
SEC. 9217. Report on Pilot Program for Lateral Entry into the Foreign Service.
In General.— Not later than 180 days after the date of the enactment of this Act, the Under Secretary of State for Management shall submit a report to the appropriate congressional committees describing the implementation of the pilot program for lateral entry into the Foreign Service required under section 404(b) of the Department of State Authorities Act, Fiscal Year 2017 (Public Law 114–323; 130 Stat. 1928).
Matters to Be Included.— The report required under subsection (a) shall include—
the current status of implementation of the pilot program, including a summary of concrete steps taken by the Department to implement the pilot program;
an explanation of any delays in implementation of the pilot program;
the number of mid-career individuals from the Civil Service of the Department and the private sector who are expected to participate in the pilot program during fiscal year 2023, disaggregated, to the extent practicable and to the maximum extent that the collection of such data is permissible by law, by sex, age, race and ethnicity, geographic origin, and past occupation;
an analysis of the skills gap identified by the Department for the use of the pilot program’s flexible-hiring mechanism;
any legal justification provided by the Office of the Legal Adviser of the Department if the Department did not implement the pilot program; and
the estimated date by which the Department is expected to implement the pilot program.
SEC. 9218. Report on Changes to the Foreign Service Officer Test.
Not later than December 1, 2023, the Secretary shall submit a report to the appropriate congressional committees describing and justifying any changes made during fiscal years 2022 and 2023 to the Foreign Service entry process, including—
the use of artificial intelligence, including deep textual analysis, in any portion of the entry process and its impacts on recruitment into the Foreign Service;
the use of virtual formats for any portion of the entry process and its impacts on recruitment into the Foreign Service; and
the entities, groups, or individuals informed of or consulted on any changes to the Foreign Service entry process during the 1-year period immediately preceding the implementation of such changes.
SEC. 9219. Dignity for People with Disabilities Serving in the Foreign Service.
The Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) is amended—
in section 101(b)(2) (22 U.S.C. 3901(b)(2)), by striking “ handicapping condition” and inserting “ disability”;
in section 105 (22 U.S.C. 3905), by striking “ handicapping condition” each place such term appears and inserting “ disability”;
in section 1002(11)(A) (22 U.S.C. 4102(11)(A)), by striking “ handicapping condition” and inserting “ disability”; and
in section 1015(b)(4) (22 U.S.C. 4115(b)(4)), by striking “ handicapping condition” and inserting “ disability”.
SEC. 9220. Expanding Scope of Fellowship Programs to Include Civil Servants.
In General.— Section 47 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2719) is amended—
in the first sentence—
by inserting “ or the Civil Service” after “ with the Foreign Service”; and
by striking “ Foreign service Act of 1980” and inserting “ Foreign Service Act of 1980”; and
in the second sentence, by inserting “ or the Civil Service” after “ Foreign Service”.
Initial Report.— Not later than 30 days before expanding participation to include civil servants in any fellowship program of the Department, the Secretary shall submit a report to the appropriate congressional committees that—
identifies the affected fellowship program; and
justifies expanding participation in such program.
Follow-up Report.— Not later than 1 year after the expansion of any fellowship program authorized under this section, the Secretary shall submit a follow-up report to the appropriate congressional committees that describes how the expansion of participation in such program has impacted the effectiveness of the program.
TITLE XCIII Embassy Security and Construction
SEC. 9301. Amendments to Secure Embassy Construction and Counterterrorism Act of 1999.
Short Title.— This section may be cited as the “Secure Embassy Construction and Counterterrorism Act of 2022”.
Findings.— Congress makes the following findings:
The Secure Embassy Construction and Counterterrorism Act of 1999 (title VI of division A of appendix G of Public Law 106–113) was a necessary response to bombings on August 7, 1998, at the United States embassies in Nairobi, Kenya, and in Dar es Salaam, Tanzania, that were destroyed by simultaneously exploding bombs. The resulting explosions killed 220 persons and injured more than 4,000 others. Twelve Americans and 40 Kenyan and Tanzanian employees of the United States Foreign Service were killed in the attacks.
Those bombings, followed by the expeditionary diplomatic efforts in Iraq and Afghanistan, demonstrated the need to prioritize the security of United States posts and personnel abroad above other considerations.
Between 1999 and 2022, the risk calculus of the Department impacted the ability of United States diplomats around the world to advance the interests of the United States through access to local populations, leaders, and places.
America’s competitors and adversaries do not have the same restrictions that United States diplomats have, especially in critically important medium-threat and high-threat posts.
The Department’s 2021 Overseas Security Panel report states that—
the requirement for setback and collocation of diplomatic posts under paragraphs (2) and (3) of section 606(a) of the Secure Embassy Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865(a)) has led to skyrocketing costs of new embassies and consulates; and
the locations of such posts have become less desirable, creating an extremely suboptimal nexus that further hinders United States diplomats who are willing to accept more risk in order to advance United States interests.
Sense of Congress.— It is the sense of Congress that—
the setback and collocation requirements referred to in subsection (b)(5)(A), even with available waivers, no longer provide the security such requirements used to provide because of advancement in technologies, such as remote controlled drones, that can evade walls and other such static barriers;
the Department should focus on creating performance security standards that—
attempt to keep the setback requirements of diplomatic posts as limited as possible; and
provide diplomats access to local populations as much as possible, while still providing a necessary level of security;
collocation of diplomatic facilities is often not feasible or advisable, particularly for public diplomacy spaces whose mission is to reach and be accessible to wide sectors of the public, including in countries with repressive governments, since such spaces are required to permit the foreign public to enter and exit the space easily and openly;
the Bureau of Diplomatic Security should—
fully utilize the waiver process provided under paragraphs (2)(B) and (3)(B) of section 606(a) of the Secure Embassy Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865(a)); and
appropriately exercise such waiver process as a tool to right-size the appropriate security footing at each diplomatic post rather than only approving waivers in extreme circumstances;
the return of great power competition requires—
United States diplomats to do all they can to outperform our adversaries; and
the Department to better optimize use of taxpayer funding to advance United States national interests; and
this section will better enable United States diplomats to compete in the 21st century, while saving United States taxpayers millions in reduced property and maintenance costs at embassies and consulates abroad.
Definition of United States Diplomatic Facility.— Section 603 of the Secure Embassy Construction and Counterterrorism Act of 1999 (title VI of division A of appendix G of Public Law 106–113) is amended to read as follows:
“SEC. 603. UNITED STATES DIPLOMATIC FACILITY DEFINED.
“In this title, the terms ‘United States diplomatic facility’ and ‘diplomatic facility’ mean any chancery, consulate, or other office that—
“(1) is considered by the Secretary of State to be diplomatic or consular premises, consistent with the Vienna Convention on Diplomatic Relations, done at Vienna April 18, 1961, and the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, and was notified to the host government as such; or
“(2) is otherwise subject to a publicly available bilateral agreement with the host government (contained in the records of the United States Department of State) that recognizes the official status of the United States Government personnel present at the facility.”
Guidance and Requirements for Diplomatic Facilities.—
Guidance for closure of public diplomacy facilities.— Section 5606(a) of the Public Diplomacy Modernization Act of 2021 (Public Law 117–81; 22 U.S.C. 1475g note) is amended to read as follows:
“(a) In General.—In order to preserve public diplomacy facilities that are accessible to the publics of foreign countries, not later than 180 days after the date of the enactment of the Secure Embassy Construction and Counterterrorism Act of 2022, the Secretary of State shall adopt guidelines to collect and utilize information from each diplomatic post at which the construction of a new embassy compound or new consulate compound could result in the closure or co-location of an American Space that is owned and operated by the United States Government, generally known as an American Center, or any other public diplomacy facility under the Secure Embassy Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 et seq.).”
Security requirements for united states diplomatic facilities.— Section 606(a) of the Secure Embassy Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865(a)) is amended—
in paragraph (1)(A), by striking “ the threat” and inserting “ a range of threats, including that”;
in paragraph (2)—
in subparagraph (A)—
by inserting “ in a location that has certain minimum ratings under the Security Environment Threat List as determined by the Secretary in his or her discretion” after “ abroad”; and
by inserting “ , personnel of the Peace Corps, and personnel of any other type or category of facility that the Secretary may identify” after “ military commander”; and
in subparagraph (B)—
by amending clause (i) to read as follows:
“(i) In general.—Subject to clause (ii), the Secretary of State may waive subparagraph (A) if the Secretary, in consultation with, as appropriate, the head of each agency employing personnel that would not be located at the site, if applicable, determines that it is in the national interest of the United States after taking account of any considerations the Secretary in his or her discretion considers relevant, which may include security conditions.”
; and
in clause (ii), by striking “ (ii) Chancery or consulate building.—” and all that follows through “ 15 days prior” and inserting the following:
“(ii) Chancery or consulate building.—Prior”
; and
in paragraph (3)—
by amending subparagraph (A) to read as follows:
“(A) Requirement.—
“(i) In general.—Each newly acquired United States diplomatic facility in a location that has certain minimum ratings under the Security Environment Threat List as determined by the Secretary of State in his or her discretion shall—
“(I) be constructed or modified to meet the measured building blast performance standard applicable to a diplomatic facility sited not less than 100 feet from the perimeter of the property on which the facility is situated; or
“(II) fulfill the criteria described in clause (ii).
“(ii) Alternative engineering equivalency standard requirement.—Each facility referred to in clause (i) may, instead of meeting the requirement under such clause, fulfill such other criteria as the Secretary is authorized to employ to achieve an engineering standard of security and degree of protection that is equivalent to the numerical perimeter distance setback described in such clause seeks to achieve.”
; and
in subparagraph (B)—
in clause (i)—
by striking “ security considerations permit and”; and
by inserting “ after taking account of any considerations the Secretary in his or her discretion considers relevant, which may include security conditions” after “ national interest of the United States”;
in clause (ii), by striking “ (ii) Chancery or consulate building.—” and all that follows through “ 15 days prior” and inserting the following:
“(ii) Chancery or consulate building.—Prior”
; and
in clause (iii), by striking “ an annual” and inserting “ a quarterly”.
SEC. 9302. Diplomatic Support and Security.
Short Title.— This section may be cited as the “Diplomatic Support and Security Act of 2022”.
Findings.— Congress makes the following findings:
A robust overseas diplomatic presence is part of an effective foreign policy, particularly in volatile environments where a flexible and timely diplomatic response can be decisive in preventing and addressing conflict.
Diplomats routinely put themselves and their families at great personal risk to serve their country overseas where they face threats related to international terrorism, violent conflict, and public health.
The Department has a remarkable record of protecting personnel while enabling an enormous amount of global diplomatic activity, often in unsecure and remote places and facing a variety of evolving risks and threats. With support from Congress, the Department has revised policy, improved physical security through retrofitting and replacing old facilities, deployed additional security personnel and armored vehicles, and greatly enhanced training requirements and training facilities, including the new Foreign Affairs Security Training Center in Blackstone, Virginia.
Diplomatic missions rely on robust staffing and ambitious external engagement to advance United States interests as diverse as competing with China’s malign influence around the world, fighting terrorism and transnational organized crime, preventing and addressing violent conflict and humanitarian disasters, promoting United States businesses and trade, protecting the rights of marginalized groups, addressing climate change, and preventing pandemic disease.
Efforts to protect personnel overseas have often resulted in inhibiting diplomatic activity and limiting engagement between embassy personnel and local governments and populations.
Given that Congress currently provides annual appropriations in excess of $1,900,000,000 for embassy security, construction, and maintenance, the Department should be able to ensure a robust overseas presence without inhibiting the ability of diplomats to—
meet outside United States secured facilities with foreign leaders to explain, defend, and advance United States priorities;
understand and report on foreign political, social, and economic conditions through meeting and interacting with community officials outside of United States facilities;
provide United States citizen services; and
collaborate and, at times, compete with other diplomatic missions, particularly those, such as that of the People’s Republic of China, that do not have restrictions on meeting locations.
Given these stakes, Congress has a responsibility to empower, support, and hold the Department accountable for implementing an aggressive strategy to ensure a robust overseas presence that mitigates potential risks and adequately considers the myriad direct and indirect consequences of a lack of diplomatic presence.
Encouraging Expeditionary Diplomacy.—
by amending paragraph (3) to read as follows:
“(3) to promote strengthened security measures, institutionalize a culture of learning, and, in the case of apparent gross negligence or breach of duty, recommend that the Secretary investigate accountability for United States Government personnel with security-related responsibilities under chief of mission authority;”
by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and
by inserting after paragraph (3) the following:
“(4) to support a culture of risk management, instead of risk avoidance, that enables the Department of State to pursue its vital goals with full knowledge that it is neither desirable nor possible for the Department to avoid all risks;”
Briefings on embassy security.— Section 105(a)(1) of the Diplomatic Security Act (22 U.S.C. 4804(a)) is amended—
by striking “ any plans to open or reopen a high risk, high threat post” and inserting “ progress towards opening or reopening a high risk, high threat post, and the risk to national security of the continued closure or any suspension of operations and remaining barriers to doing so”;
in subparagraph (A), by inserting “ the risk to United States national security of the post’s continued closure or suspension of operations,” after “ national security of the United States,”; and
in subparagraph (C), by inserting “ the type and level of security threats such post could encounter, and” before “ security ‘tripwires’ ”.
Security Review Committees.— Section 301 of the Diplomatic Security Act (22 U.S.C. 4831) is amended—
in the section heading, by striking “ accountability review boards” and inserting “ security review committees”;
in subsection (a)—
by amending paragraph (1) to read as follows:
“(1) Convening the security review committee.—In any case of a serious security incident involving loss of life, serious injury, or significant destruction of property at, or related to, a United States Government diplomatic mission abroad (referred to in this title as a ‘Serious Security Incident’), and in any case of a serious breach of security involving intelligence activities of a foreign government directed at a United States Government mission abroad, the Secretary of State shall convene a Security Review Committee, which shall issue a report providing a full account of what occurred, consistent with section 304.”
by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
by inserting after paragraph (1) the following:
“(2) Committee composition.—The Secretary shall designate a Chairperson and may designate additional personnel of commensurate seniority to serve on the Security Review Committee, which shall include—
“(A) the Director of the Office of Management Strategy and Solutions;
“(B) the Assistant Secretary responsible for the region where the incident occurred;
“(C) the Assistant Secretary of State for Diplomatic Security;
“(D) the Assistant Secretary of State for Intelligence and Research;
“(E) an Assistant Secretary-level representative from any involved United States Government department or agency; and
“(F) other personnel determined to be necessary or appropriate.”
in paragraph (3), as redesignated by subclause (B)—
in the paragraph heading, by striking “ Department of defense facilities and personnel” and inserting “ Exceptions to convening a security review committee”;
by striking “ The Secretary of State is not required to convene a Board in the case” and inserting the following:
“(A) In general.—The Secretary of State is not required to convene a Security Review Committee—
“(i) if the Secretary determines that the incident involves only causes unrelated to security, such as when the security at issue is outside of the scope of the Secretary of State’s security responsibilities under section 103;
“(ii) if operational control of overseas security functions has been delegated to another agency in accordance with section 106;
“(iii) if the incident is a cybersecurity incident and is covered by other review mechanisms; or
“(iv) in the case”
; and
by striking “ In any such case” and inserting the following:
“(B) Department of defense investigations.—In the case of an incident described in subparagraph (A)(iv)”
; and
by adding at the end the following:
“(5) Rulemaking.—The Secretary of State shall promulgate regulations defining the membership and operating procedures for the Security Review Committee and provide such guidance to the Chair and ranking members of the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.”
in subsection (b)—
in the subsection heading, by striking “ Boards” and inserting “ Security Review Committees”; and
by amending paragraph (1) to read as follows:
“(1) In general.—The Secretary of State shall convene a Security Review Committee not later than 60 days after the occurrence of an incident described in subsection (a)(1), or 60 days after the Department first becomes aware of such an incident, whichever is earlier, except that the 60-day period for convening a Security Review Committee may be extended for one additional 60-day period if the Secretary determines that the additional period is necessary.”
; and
by amending subsection (c) to read as follows:
“(c) Congressional Notification.—Whenever the Secretary of State convenes a Security Review Committee, the Secretary shall promptly inform the chair and ranking member of—
“(1) the Committee on Foreign Relations of the Senate;
“(2) the Select Committee on Intelligence of the Senate;
“(3) the Committee on Appropriations of the Senate;
“(4) the Committee on Foreign Affairs of the House of Representatives;
“(5) the Permanent Select Committee on Intelligence of the House of Representatives; and
“(6) the Committee on Appropriations of the House of Representatives.”
Technical and Conforming Amendments.— Section 302 of the Diplomatic Security Act of 1986 (22 U.S.C. 4832) is amended—
in the section heading, by striking “ accountability review board” and inserting “ security review committee”; and
by striking “ a Board” each place such term appears and inserting “ a Security Review Committee”.
Serious Security Incident Investigation Process.— Section 303 of the Diplomatic Security Act of 1986 (22 U.S.C. 4833) is amended to read as follows:
“SEC. 303. SERIOUS SECURITY INCIDENT INVESTIGATION PROCESS.
“(a) Investigation Process.—
“(1) Initiation upon reported incident.—A United States mission shall submit an initial report of a Serious Security Incident not later than 3 days after such incident occurs, whenever feasible, at which time an investigation of the incident shall be initiated.
“(2) Investigation.—Not later than 10 days after the submission of a report pursuant to paragraph (1), the Secretary shall direct the Diplomatic Security Service to assemble an investigative team to investigate the incident and independently establish what occurred. Each investigation under this subsection shall cover—
“(A) an assessment of what occurred, who perpetrated or is suspected of having perpetrated the Serious Security Incident, and whether applicable security procedures were followed;
“(B) in the event the Serious Security Incident involved a United States diplomatic compound, motorcade, residence, or other facility, an assessment of whether adequate security countermeasures were in effect based on a known threat at the time of the incident;
“(C) if the incident involved an individual or group of officers, employees, or family members under Chief of Mission security responsibility conducting approved operations or movements outside the United States mission, an assessment of whether proper security briefings and procedures were in place and whether weighing of risk of the operation or movement took place; and
“(D) an assessment of whether the failure of any officials or employees to follow procedures or perform their duties contributed to the security incident.
“(3) Investigative team.—The investigative team assembled pursuant to paragraph (2) shall consist of individuals from the Diplomatic Security Service who shall provide an independent examination of the facts surrounding the incident and what occurred. The Secretary, or the Secretary’s designee, shall review the makeup of the investigative team for a conflict, appearance of conflict, or lack of independence that could undermine the results of the investigation and may remove or replace any members of the team to avoid such an outcome.
“(b) Report of Investigation.—Not later than 90 days after the occurrence of a Serious Security Incident, the investigative team investigating the incident shall prepare and submit a Report of Investigation to the Security Review Committee that includes—
“(1) a detailed description of the matters set forth in subparagraphs (A) through (D) of subsection (a)(2), including all related findings;
“(2) a complete and accurate account of the casualties, injuries, and damage resulting from the incident; and
“(3) a review of security procedures and directives in place at the time of the incident.
“(c) Confidentiality.—The investigative team investigating a Serious Security Incident shall adopt such procedures with respect to confidentiality as determined necessary, including procedures relating to the conduct of closed proceedings or the submission and use of evidence in camera, to ensure in particular the protection of classified information relating to national defense, foreign policy, or intelligence matters. The Director of National Intelligence shall establish the level of protection required for intelligence information and for information relating to intelligence personnel included in the report required under subsection (b). The Security Review Committee shall determine the level of classification of the final report prepared pursuant to section 304(b), and shall incorporate the same confidentiality measures in such report to the maximum extent practicable.”
Findings and Recommendations of the Security Review Committee.— Section 304 of the Diplomatic Security Act of 1986 (22 U.S.C. 4834) is amended to read as follows:
“SEC. 304. SECURITY REVIEW COMMITTEE FINDINGS AND REPORT.
“(a) Findings.—The Security Review Committee shall—
“(1) review the Report of Investigation prepared pursuant to section 303(b), and all other evidence, reporting, and relevant information relating to a Serious Security Incident at a United States mission abroad, including an examination of the facts and circumstances surrounding any serious injuries, loss of life, or significant destruction of property resulting from the incident; and
“(2) determine, in writing—
“(A) whether the incident was security related and constituted a Serious Security Incident;
“(B) if the incident involved a diplomatic compound, motorcade, residence, or other mission facility—
“(i) whether the security systems, security countermeasures, and security procedures operated as intended; and
“(ii) whether such systems worked to materially mitigate the attack or were found to be inadequate to mitigate the threat and attack;
“(C) if the incident involved an individual or group of officers conducting an approved operation outside the mission, whether a valid process was followed in evaluating the requested operation and weighing the risk of the operation, which determination shall not seek to assign accountability for the incident unless the Security Review Committee determines that an official breached his or her duty;
“(D) the impact of intelligence and information availability, and whether the mission was aware of the general operating threat environment or any more specific threat intelligence or information and took that into account in ongoing and specific operations; and
“(E) any other facts and circumstances that may be relevant to the appropriate security management of United States missions abroad.
“(b) Report.—
“(1) Submission to secretary of state.—Not later than 60 days after receiving the Report of Investigation prepared pursuant to section 303(b), the Security Review Committee shall submit a report to the Secretary of State that includes—
“(A) the findings described in subsection (a); and
“(B) any related recommendations.
“(2) Submission to congress.—Not later than 90 days after receiving the report pursuant to paragraph (1), the Secretary of State shall submit a copy of the report to—
“(A) the Committee on Foreign Relations of the Senate;
“(B) the Select Committee on Intelligence of the Senate;
“(C) the Committee on Appropriations of the Senate;
“(D) the Committee on Foreign Affairs of the House of Representatives;
“(E) the Permanent Select Committee on Intelligence of the House of Representatives; and
“(F) the Committee on Appropriations of the House of Representatives.
“(c) Personnel Recommendations.—If in the course of conducting an investigation under section 303, the investigative team finds reasonable cause to believe any individual described in section 303(a)(2)(D) has breached the duty of that individual or finds lesser failures on the part of an individual in the performance of his or her duties related to the incident, it shall be reported to the Security Review Committee. If the Security Review Committee finds reasonable cause to support the determination, it shall be reported to the Secretary for appropriate action.”
Relation to Other Proceedings.— Section 305 of the Diplomatic Security Act of 1986 (22 U.S.C. 4835) is amended—
by inserting “ (a) No Effect on Existing Remedies or Defenses.—” before “ Nothing in this title”; and
by adding at the end the following:
“(b) Future Inquiries.—Nothing in this title may be construed to preclude the Secretary of State from convening a follow-up public board of inquiry to investigate any security incident if the incident was of such magnitude or significance that an internal process is deemed insufficient to understand and investigate the incident. All materials gathered during the procedures provided under this title shall be provided to any related board of inquiry convened by the Secretary.”
Training for Foreign Service Personnel on Risk Management Practices.— Not later than 120 days after the date of the enactment of this Act, the Secretary shall develop and submit a strategy to the appropriate congressional committees for training and educating Foreign Service personnel regarding appropriate risk management practices while conducting their duties in high risk, high threat environments that includes—
plans to continue to develop and offer additional training courses, or augment existing courses, for Department personnel regarding the conduct of their duties in high risk, high threat environments outside of diplomatic compounds, including for diplomatic personnel, such as political officers, economic officers, and consular officers;
plans to educate Senior Foreign Service personnel serving abroad, including ambassadors, chiefs of mission, deputy chiefs of missions, and regional security officers, regarding appropriate risk management practices to employ while evaluating requests for diplomatic operations in high risk, high threat environments outside of diplomatic compounds; and
plans and strategies for effectively balancing safety risks with the need for in-person engagement with local governments and populations.
Sense of Congress Regarding the Establishment of the Expeditionary Diplomacy Award.— It is the sense of Congress that the Secretary should—
encourage expeditionary diplomacy, proper risk management practices, and regular and meaningful engagement with civil society at the Department by establishing an annual award, which shall be known as the “Expeditionary Diplomacy Award”, to be awarded to deserving officers and employees of the Department; and
establish procedures for selecting the recipients of the Expeditionary Diplomacy Award, including any financial terms associated with such award.
Promotion in the Foreign Service.— Section 603(b) of the Foreign Service Act of 1980 (22 U.S.C. 4003(b)) is amended—
in the third sentence of the matter preceding paragraph (1), by inserting “ and when occupying positions for which the following is, to any degree, an element of the member’s duties,” after “ as the case may be,”;
in paragraph (1), by striking “ when occupying positions for which such willingness and ability is, to any degree, an element of the member’s duties, or” and inserting a semicolon;
by striking paragraph (2) and inserting the following:
“(3) other demonstrated experience in public diplomacy; or”
by inserting after paragraph (1) the following:
“(2) a willingness and ability to regularly and meaningfully engage with civil society and other local actors in country;”
; and
by inserting after paragraph (3), as redesignated, the following:
“(4) the ability to effectively manage and assess risk associated with the conduct of diplomatic operations.”
Reporting Requirement.— Not later than 180 days after the date of the enactment of this Act and every 180 days thereafter for the following 2 years, the Secretary shall submit a report to the appropriate congressional committees describing the Department’s risk management efforts, including information relating to—
implementing this section and section 102(b) of the Diplomatic Security Act (22 U.S.C. 4801), as amended by subsection (c);
encouraging and incentivizing appropriate Foreign Service personnel to regularly and meaningfully engage with civil society and other local actors in-country;
promoting a more effective culture of risk management and greater risk tolerance among all Foreign Service personnel, including through additional risk management training and education opportunities; and
incorporating the provisions of this section into the Foreign Affairs Manual regulations and implementing the Serious Security Incident Investigation Permanent Coordinating Committee established and convened pursuant to section 302(b) of the Diplomatic Security Act (22 U.S.C. 4832(b)) to more closely align Department procedures with the procedures used by other Federal departments and agencies to analyze, weigh, and manage risk.
SEC. 9303. Establishment of United States Embassies in Solomon Islands, Kiribati, and Tonga and a Diplomatic Presence in Vanuatu.
Findings.— Congress makes the following findings:
The Pacific Islands are vital to United States national security and national interests in the Indo-Pacific region and globally.
The Pacific Islands region spans 15 percent of the world’s surface area and controls access to open waters in the Central Pacific, sea lanes to the Western Hemisphere, supply lines to United States forward-deployed forces in East Asia, and economically important fisheries.
The Pacific Islands region is home to the State of Hawaii, 11 United States territories, United States Naval Base Guam, and United States Andersen Air Force Base.
Pacific Island countries cooperate with the United States and United States partners on maritime security and efforts to stop illegal, unreported, and destructive fishing.
The Pacific Islands are rich in biodiversity and are on the frontlines of environmental challenges and climate issues.
The People’s Republic of China seeks to increase its influence in the Pacific Islands region, including through infrastructure development under the People’s Republic of China’s One Belt, One Road Initiative and its new security agreement with the Solomon Islands.
The United States closed its embassy in the Solomon Islands in 1993.
The United States Embassy in Papua New Guinea manages the diplomatic affairs of the United States to the Republic of Vanuatu and the Solomon Islands, and the United States Embassy in Fiji manages the diplomatic affairs of the United States to the Republic of Kiribati and the Kingdom of Tonga.
The United States requires a physical and more robust diplomatic presence in the Republic of Vanuatu, the Republic of Kiribati, the Solomon Islands, and the Kingdom of Tonga, to ensure the physical and operational security of our efforts in those countries to deepen relations, protect United States national security, and pursue United States national interests.
Increasing the number of United States embassies dedicated solely to a Pacific Island country demonstrates the United States’ ongoing commitment to the region and to the Pacific Island countries.
Establishment of Embassies.—
In general.— As soon as possible, the Secretary should—
establish physical United States embassies in the Republic of Kiribati and in the Kingdom of Tonga;
upgrade the United States consular agency in the Solomon Islands to an embassy; and
establish a physical United States Government presence in the Republic of Vanuatu.
Other strategies.—
Physical infrastructure.— In establishing embassies pursuant to paragraph (1) and creating the physical infrastructure to ensure the physical and operational safety of embassy personnel, the Secretary may pursue rent or purchase existing buildings or co-locate personnel in embassies of like-minded partners, such as Australia and New Zealand.
Personnel.— In establishing a physical presence in the Republic of Vanuatu pursuant to paragraph (1), the Secretary may assign 1 or more United States Government personnel to the Republic of Vanuatu as part of the United States mission in Papua New Guinea.
Waiver authority.— The President may waive the requirements under paragraph (1) for a period of one year if the President determines and reports to Congress in advance that such waiver is necessary to protect the national security interests of the United States.
Authorization of Appropriations.— Of the amounts authorized to be appropriated to the Department of State for Embassy Security, Construction, and Maintenance—
$40,200,000 is authorized to be appropriated for fiscal year 2023—
to establish and maintain the 3 embassies authorized to be established under subsection (b); and
to establish a physical United States Government presence in the Republic of Vanuatu;
$3,000,000 is authorized to be appropriated for fiscal year 2024—
to maintain such embassies; and
to establish a physical United States Government presence in the Republic of Vanuatu;
Report.—
Defined term.— In this subsection, the term “appropriate committees of Congress” means—
the Committee on Foreign Relations of the Senate;
the Committee on Appropriations of the Senate;
the Committee on Foreign Affairs of the House of Representatives; and
the Committee on Appropriations of the House of Representatives.
Progress report.— Not later than 180 days following the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report that includes—
a description of the status of activities carried out to achieve the objectives described in this section;
an estimate of when embassies and a physical presence will be fully established pursuant to subsection (b)(1); and
an update on events in the Pacific Islands region relevant to the establishment of United States embassies, including activities by the People’s Republic of China.
Report on final disposition.— Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that—
confirms the establishment of the 3 embassies and the physical presence required under subsection (b)(1); or
if the embassies and physical presence required in subsection (b)(1) have not been established, a justification for such failure to comply with such requirement.
TITLE XCIV A Diverse Workforce: Recruitment, Retention, and Promotion
SEC. 9401. Report on Barriers to Applying for Employment with the Department of State.
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—
identifies any barriers for applicants applying for employment with the Department;
provides demographic data of online applicants during the most recent 3 years disaggregated by race, ethnicity, sex, age, veteran status, disability, geographic region;
assesses any barriers that exist for applying online for employment with the Department, disaggregated by race, ethnicity, sex, age, veteran status, disability, geographic region; and
includes recommendations for addressing any disparities identified in the online application process.
SEC. 9402. Collection, Analysis, and Dissemination of Workforce Data.
Initial Report.— 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 disaggregated demographic data and other information regarding the diversity of the workforce of the Department.
Data.— The report required under subsection (a) shall include, to the maximum extent that the collection and dissemination of such data can be done in a way that protects the confidentiality of individuals and is otherwise permissible by law—
demographic data on each element of the workforce of the Department during the 3-year period ending on the date of the enactment of this Act, disaggregated by rank and grade or grade-equivalent, with respect to—
individuals hired to join the workforce;
individuals promoted, including promotions to and within the Senior Executive Service or the Senior Foreign Service;
individuals serving as special assistants in any of the offices of the Secretary of State, the Deputy Secretary of State, the Counselor of the Department of State, the Secretary’s Policy Planning Staff, the Under Secretary of State for Arms Control and International Security, the Under Secretary of State for Civilian Security, Democracy, and Human Rights, the Under Secretary of State for Economic Growth, Energy, and the Environment, the Under Secretary of State for Management, the Under Secretary of State for Political Affairs, and the Under Secretary of State for Public Diplomacy and Public Affairs;
individuals serving in each bureau’s front office;
individuals serving as detailees to the National Security Council;
individuals serving on applicable selection boards;
members of any external advisory committee or board who are subject to appointment by individuals at senior positions in the Department;
individuals participating in professional development programs of the Department and the extent to which such participants have been placed into senior positions within the Department after such participation;
individuals participating in mentorship or retention programs; and
individuals who separated from the agency, including individuals in the Senior Executive Service or the Senior Foreign Service;
an assessment of agency compliance with the essential elements identified in Equal Employment Opportunity Commission Management Directive 715, effective October 1, 2003;
data on the overall number of individuals who are part of the workforce, the percentages of such workforce corresponding to each element specified in paragraph (1), and the percentages corresponding to each rank, grade, or grade equivalent; and
the total amount of funds spent by the Department for the purposes of advancing diversity, equity, inclusion, and accessibility during each of the 4 previous fiscal years, disaggregated, to the extent practicable, by bureau and activity, including, as outlined in the Department’s 2022 Diversity, Equity, Inclusion and Accessibility Strategic Plan—
workforce pay and compensation;
recruitment, hiring, promotions, and retention;
reasonable accommodations for disability and religion;
safe workplaces; and
addressing sexual harassment and discrimination.
Effectiveness of Department Efforts.— The report required under subsection (a) shall describe and assess the effectiveness of the efforts of the Department—
to propagate fairness, impartiality, and inclusion in the work environment, both domestically and abroad;
to enforce anti-harassment and anti-discrimination policies, both domestically and at posts overseas;
to refrain from engaging in unlawful discrimination in any phase of the employment process, including recruitment, hiring, evaluation, assignments, promotion, retention, and training;
to prevent retaliation against employees for participating in a protected equal employment opportunity activity or for reporting sexual harassment or sexual assault;
to provide reasonable accommodation for qualified employees and applicants with disabilities;
to recruit a representative workforce by—
recruiting women, persons with disabilities, and minorities;
recruiting at women’s colleges, historically Black colleges and universities, minority-serving institutions, and other institutions serving a significant percentage of minority students;
placing job advertisements in newspapers, magazines, and job sites oriented toward women and minorities;
sponsoring and recruiting at job fairs in urban and rural communities and at land-grant colleges or universities;
providing opportunities through the Foreign Service Internship Program under chapter 12 of the Foreign Service Act of 1980 (22 U.S.C. 4141 et seq.), and other hiring initiatives;
recruiting mid-level and senior-level professionals through programs designed to increase representation in international affairs of people belonging to traditionally underrepresented groups;
offering the Foreign Service written and oral assessment examinations in several locations throughout the United States or via online platforms to reduce the burden of applicants having to travel at their own expense to take either or both such examinations;
expanding the use of paid internships; and
supporting recruiting and hiring opportunities through—
the Charles B. Rangel International Affairs Fellowship Program;
the Thomas R. Pickering Foreign Affairs Fellowship Program; and
other initiatives, including agency-wide policy initiatives; and
to ensure transparency and accountability in the work of the Chief Diversity and Inclusion Officer and the Secretary’s Office of Diversity and Inclusion, particularly by—
avoiding any duplication of existing diversity, equity, inclusion, and accessibility efforts, including with the Bureau of Global Talent Management, the Office of Civil Rights, and other Department offices; and
requiring measurable impacts in hiring, retention, and other aspects of the Diversity, Equity, Inclusion and Accessibility Strategic Plan.
Annual Report.—
In general.— Not later than 1 year after the publication of the report required under subsection (a), and annually thereafter for the following 5 years, the Secretary shall submit a report to the appropriate congressional committees, and make such report available on the Department’s website, that includes, without compromising the confidentiality of individuals and to the extent otherwise consistent with law—
disaggregated demographic data, to the maximum extent that collection of such data is permissible by law, relating to the workforce and information on the status of diversity and inclusion efforts of the Department;
an analysis of applicant flow data, to the maximum extent that collection of such data is permissible by law; and
disaggregated 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.
Combination with other annual report.— The report required under paragraph (1) may be combined with another annual report required by law, to the extent practicable.
SEC. 9403. Centers of Excellence in Foreign Affairs and Assistance.
Purpose.— The purposes of this section are—
to advance the values and interests of the United States overseas through programs that foster innovation, competitiveness, and a plethora of backgrounds, views, and experience in the formulation and implementation of United States foreign policy and assistance; and
to create opportunities for specialized research, education, training, professional development, and leadership opportunities for individuals belonging to an underrepresented group within the Department and USAID.
Study.—
In general.— The Secretary and the Administrator of USAID shall conduct a study on the feasibility of establishing Centers of Excellence in Foreign Affairs and Assistance (referred to in this section as the “Centers of Excellence”) within institutions that serve individuals belonging to an underrepresented group to focus on 1 or more of the areas described in paragraph (2).
Elements.— In conducting the study required under paragraph (1), the Secretary and the Administrator, respectively, shall consider—
opportunities to enter into public-private partnerships that will—
increase interest in foreign affairs and foreign assistance Federal careers;
prepare an assorted cadre of students (including nontraditional, mid-career, part-time, and heritage students) and nonprofit or business professionals with the skills and education needed to meaningfully contribute to the formulation and execution of United States foreign policy and assistance;
support the conduct of research, education, and extension programs that reflect a wide range of perspectives and views of world regions and international affairs—
to assist in the development of regional and functional foreign policy skills;
to strengthen international development and humanitarian assistance programs; and
to strengthen democratic institutions and processes in policymaking, including in education, health, wealth, justice, and other sectors;
enable domestic and international educational, internship, fellowship, faculty exchange, training, employment or other innovative programs to acquire or strengthen knowledge of foreign languages, cultures, societies, and international skills and perspectives;
support collaboration among institutions of higher education, including community colleges, nonprofit organizations, and corporations, to strengthen the engagement between experts and practitioners in the foreign affairs and foreign assistance fields; and
leverage additional public-private partnerships with nonprofit organizations, foundations, corporations, institutions of higher education, and the Federal Government; and
budget and staffing requirements, including appropriate sources of funding, for the establishment and conduct of operations of such Centers of Excellence.
Report.— 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 contains the findings of the study conducted pursuant to subsection (b).
SEC. 9404. Promoting Transparency and Accountability in the Department of State Workforce.
In General.— The Secretary should establish a mechanism to ensure that appointments or details of Department career employees to staff positions in the Office of the Secretary, the Office of the Deputy Secretary of State, the Office of the Counselor of the Department, any office of the Secretary’s Policy Planning Staff, and any office of an Under Secretary of State, and details to the National Security Council, are transparent, competitive, inclusive, and merit-based.
Report.— Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees regarding the mechanism established pursuant to subsection (a).
Availability.— The Secretary shall—
use transparent, competitive, inclusive, and merit-based processes for appointments and details to the staff positions specified in subsection (a); and
ensure that such positions are equally available to all employees of the Civil Service and the Foreign Service of the Department.
SEC. 9405. Rule of Construction.
Nothing in this title may be construed as altering existing law regarding merit system principles.
TITLE XCV Information Security and Cyber Diplomacy
SEC. 9501. United States International Cyberspace Policy.
In General.— It is the policy of the United States—
to work internationally to promote an open, interoperable, reliable, and secure internet governed by the multi-stakeholder model, which—
promotes democracy, the rule of law, and human rights, including freedom of expression;
supports the ability to innovate, communicate, and promote economic prosperity; and
is designed to protect privacy and guard against deception, malign influence, incitement to violence, harassment and abuse, fraud, and theft;
to encourage and aid United States allies and partners in improving their own technological capabilities and resiliency to pursue, defend, and protect shared interests and values, free from coercion and external pressure; and
in furtherance of the efforts described in paragraphs (1) and (2)—
to provide incentives to the private sector to accelerate the development of the technologies referred to in such paragraphs;
to modernize and harmonize with allies and partners export controls and investment screening regimes and associated policies and regulations; and
to enhance United States leadership in technical standards-setting bodies and avenues for developing norms regarding the use of digital tools.
Implementation.— In implementing the policy described in subsection (a), the President, in consultation with outside actors, as appropriate, including private sector companies, nongovernmental organizations, security researchers, and other relevant stakeholders, in the conduct of bilateral and multilateral relations, shall strive—
to clarify the applicability of international laws and norms to the use of information and communications technology (referred to in this subsection as “ICT”);
to reduce and limit the risk of escalation and retaliation in cyberspace, damage to critical infrastructure, and other malicious cyber activity that impairs the use and operation of critical infrastructure that provides services to the public;
to cooperate with like-minded countries that share common values and cyberspace policies with the United States, including respect for human rights, democracy, and the rule of law, to advance such values and policies internationally;
to encourage the responsible development of new, innovative technologies and ICT products that strengthen a secure internet architecture that is accessible to all;
to secure and implement commitments on responsible country behavior in cyberspace, including commitments by countries—
not to conduct, or knowingly support, cyber-enabled theft of intellectual property, including trade secrets or other confidential business information, with the intent of providing competitive advantages to companies or commercial sectors;
to take all appropriate and reasonable efforts to keep their territories clear of intentionally wrongful acts using ICT in violation of international commitments;
not to conduct or knowingly support ICT activity that intentionally damages or otherwise impairs the use and operation of critical infrastructure providing services to the public, in violation of international law;
to take appropriate measures to protect the country’s critical infrastructure from ICT threats;
not to conduct or knowingly support malicious international activity that harms the information systems of authorized international emergency response teams (also known as “computer emergency response teams” or “cybersecurity incident response teams”) of another country or authorize emergency response teams to engage in malicious international activity, in violation of international law;
to respond to appropriate requests for assistance to mitigate malicious ICT activity emanating from their territory and aimed at the critical infrastructure of another country;
not to restrict cross-border data flows or require local storage or processing of data; and
to protect the exercise of human rights and fundamental freedoms on the internet, while recognizing that the human rights that people have offline also need to be protected online; and
to advance, encourage, and support the development and adoption of internationally recognized technical standards and best practices.
SEC. 9502. Bureau of Cyberspace and Digital Policy.
In General.— Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a), is amended—
by redesignating subsections (i) and (j) as subsection (j) and (k), respectively;
by redesignating subsection (h) (as added by section 361(a)(1) of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116–260)) as subsection (l); and
by inserting after subsection (h) the following:
“(i) Bureau of Cyberspace and Digital Policy.—
“(1) In general.—There is established, within the Department of State, the Bureau of Cyberspace and Digital Policy (referred to in this subsection as the ‘Bureau’). The head of the Bureau 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 Bureau shall perform such duties and exercise such powers as the Secretary of State shall prescribe, including implementing the diplomatic and foreign policy aspects of the policy described in section 9501(a) of the Department of State Authorization Act of 2022.
“(B) Duties described.—The principal duties and responsibilities of the head of the Bureau shall, in furtherance of the diplomatic and foreign policy mission of the Department of State, be—
“(i) to serve as the principal cyberspace policy official within the senior management of the Department of State and as the advisor to the Secretary of State for cyberspace and digital issues;
“(ii) to lead, coordinate, and execute, in coordination with other relevant bureaus and offices, the Department of State’s diplomatic cyberspace, and cybersecurity efforts (including efforts related to data privacy, data flows, internet governance, information and communications technology standards, and other issues that the Secretary has assigned to the Bureau);
“(iii) to coordinate with relevant Federal agencies and the Office of the National Cyber Director to ensure the diplomatic and foreign policy aspects of the cyber strategy in section 9501 of the Department of State Authorization Act of 2022 and any other subsequent strategy are implemented in a manner that is fully integrated with the broader strategy;
“(iv) to promote an open, interoperable, reliable, and secure information and communications technology infrastructure globally;
“(v) to represent the Secretary of State in interagency efforts to develop and advance Federal Government cyber priorities and activities, including efforts to develop credible national capabilities, strategies, and policies to deter and counter cyber adversaries, and carry out the purposes of title V of the Department of State Authorization Act of 2022;
“(vi) to engage civil society, the private sector, academia, and other public and private entities on relevant international cyberspace and international information and communications technology issues;
“(vii) to support United States Government efforts to uphold and further develop global deterrence frameworks for malicious cyber activity;
“(viii) to advise the Secretary of State and coordinate with foreign governments regarding responses to national security-level cyber incidents, including coordination on diplomatic response efforts to support allies and partners threatened by malicious cyber activity, in conjunction with members of the North Atlantic Treaty Organization and like-minded countries;
“(ix) to promote the building of foreign capacity relating to cyberspace policy priorities;
“(x) to promote an open, interoperable, reliable, and secure information and communications technology infrastructure globally and an open, interoperable, secure, and reliable internet governed by the multi-stakeholder model;
“(xi) to promote an international environment for technology investments and the internet that benefits United States economic and national security interests;
“(xii) to promote cross-border flow of data and combat international initiatives seeking to impose unreasonable requirements on United States businesses;
“(xiii) to promote international policies to protect the integrity of United States and international telecommunications infrastructure from foreign-based threats, including cyber-enabled threats;
“(xiv) to lead engagement, in coordination with relevant executive branch agencies, with foreign governments on relevant international cyberspace, cybersecurity, cybercrime, and digital economy issues described in title V of the Department of State Authorization Act of 2022;
“(xv) to promote international policies, in coordination with the Department of Commerce, to secure radio frequency spectrum in the best interests of the United States;
“(xvi) to promote and protect the exercise of human rights, including freedom of speech and religion, through the internet;
“(xvii) to build capacity of United States diplomatic officials to engage on cyberspace issues;
“(xviii) to encourage the development and adoption by foreign countries of internationally recognized standards, policies, and best practices;
“(xix) to support efforts by the Global Engagement Center to counter cyber-enabled information operations against the United States or its allies and partners; and
“(xx) to conduct such other matters as the Secretary of State may assign.
“(3) Qualifications.—The head of the Bureau should be an individual of demonstrated competency in the fields of—
“(A) cybersecurity and other relevant cyberspace and information and communications technology policy issues; and
“(B) international diplomacy.
“(4) Organizational placement.—
“(A) Initial placement.—Except as provided in subparagraph (B), the head of the Bureau shall report to the Deputy Secretary of State.
“(B) Subsequent placement.—The head of the Bureau may report to an Under Secretary of State or to an official holding a higher position than Under Secretary if, not later than 15 days before any change in such reporting structure, the Secretary of State—
“(i) consults with the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives; and
“(ii) submits a report to such committees that—
“(I) indicates that the Secretary, with respect to the reporting structure of the Bureau, has consulted with and solicited feedback from—
“(aa) other relevant Federal entities with a role in international aspects of cyber policy; and
“(bb) the elements of the Department of State with responsibility for aspects of cyber policy, including the elements reporting to—
“(AA) the Under Secretary of State for Political Affairs;
“(BB) the Under Secretary of State for Civilian Security, Democracy, and Human Rights;
“(CC) the Under Secretary of State for Economic Growth, Energy, and the Environment;
“(DD) the Under Secretary of State for Arms Control and International Security Affairs;
“(EE) the Under Secretary of State for Management; and
“(FF) the Under Secretary of State for Public Diplomacy and Public Affairs;
“(II) describes the new reporting structure for the head of the Bureau and the justification for such new structure; and
“(III) includes a plan describing how the new reporting structure will better enable the head of the Bureau to carry out the duties described in paragraph (2), including the security, economic, and human rights aspects of cyber diplomacy.
“(5) Special hiring authorities.—The Secretary of State may—
“(A) appoint up to 25 employees to cyber positions in the Bureau without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code, regarding appointments in the competitive service; and
“(B) fix the rates of basic pay of such employees without regard to chapter 51 and subchapter III of chapter 53 of such title regarding classification and General Schedule pay rates, provided that the rates for such positions do not exceed the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code.
“(6) Coordination.—In implementing the duties prescribed under paragraph (2), the head of the Bureau shall coordinate with the heads of other Federal agencies, including the Department of Commerce, the Department of Homeland Security, and other Federal agencies that the National Cyber Director deems appropriate.
“(7) Rule of construction.—Nothing in this subsection may be construed—
“(A) to preclude the head of the Bureau from being designated as 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); or
“(B) to alter or modify the existing authorities of any other Federal agency or official.”
Sense of Congress.— It is the sense of Congress that the Bureau established under section 1(i) of the State Department Basic Authorities Act of 1956, as added by subsection (a), should have a diverse workforce composed of qualified individuals, including individuals belonging to an underrepresented group.
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 policy described in section 9501(a).
SEC. 9503. International Cyberspace and Digital Policy Strategy.
Strategy Required.— Not later than 1 year after the date of the enactment of this Act, the President, acting through the Secretary, and in coordination with the heads of other relevant Federal departments and agencies, shall develop an international cyberspace and digital policy strategy.
Elements.— The strategy required under subsection (a) shall include—
a review of actions and activities undertaken to support the policy described in section 9501(a);
a plan of action to guide the diplomacy of the Department with regard to foreign countries, including—
conducting bilateral and multilateral activities—
to develop and support the implementation of norms of responsible country behavior in cyberspace consistent with the commitments listed in section 9501(b)(5);
to reduce the frequency and severity of cyberattacks on United States individuals, businesses, governmental agencies, and other organizations;
to reduce cybersecurity risks to United States and allied critical infrastructure;
to improve allies’ and partners’ collaboration with the United States on cybersecurity issues, including information sharing, regulatory coordination and improvement, and joint investigatory and law enforcement operations related to cybercrime; and
to share best practices and advance proposals to strengthen civilian and private sector resiliency to threats and access to opportunities in cyberspace; and
reviewing the status of existing efforts in relevant multilateral fora, as appropriate, to obtain commitments on international norms regarding cyberspace;
a review of alternative concepts for international norms regarding cyberspace offered by foreign countries;
a detailed description, in consultation with the Office of the National Cyber Director and relevant Federal agencies, of new and evolving threats regarding cyberspace from foreign adversaries, state-sponsored actors, and non-state actors to—
United States national security;
the Federal and private sector cyberspace infrastructure of the United States;
intellectual property in the United States; and
the privacy and security of citizens of the United States;
a review of the policy tools available to the President to deter and de-escalate tensions with foreign countries, state-sponsored actors, and private actors regarding—
threats in cyberspace;
the degree to which such tools have been used; and
whether such tools have been effective deterrents;
a review of resources required to conduct activities to build responsible norms of international cyber behavior;
a review, in coordination with the Office of the National Cyber Director and the Office of Management and Budget, to determine whether the budgetary resources, technical expertise, legal authorities, and personnel available to the Department are adequate to achieve the actions and activities undertaken by the Department to support the policy described in section 9501(a);
a review to determine whether the Department is properly organized and coordinated with other Federal agencies to achieve the objectives described in section 9501(b); and
a plan of action, developed in coordination with the Department of Defense and in consultation with other relevant Federal departments and agencies as the President may direct, with respect to the inclusion of cyber issues in mutual defense agreements.
Form of Strategy.—
Public availability.— The strategy required under subsection (a) shall be available to the public in unclassified form, including through publication in the Federal Register.
Classified annex.— The strategy required under subsection (a) may include a classified annex.
Briefing.— Not later than 30 days after the completion of the strategy required under subsection (a), the Secretary shall brief the Committee on Foreign Relations of the Senate, the Select Committee on Intelligence of the Senate, the Committee on Armed Services of the Senate, the Committee on Foreign Affairs of the House of Representatives, the Permanent Select Committee on Intelligence of the House of Representatives, and the Committee on Armed Services of the House of Representatives regarding the strategy, including any material contained in a classified annex.
Updates.— The strategy required under subsection (a) shall be updated—
not later than 90 days after any material change to United States policy described in such strategy; and
not later than 1 year after the inauguration of each new President.
SEC. 9504. Government Accountability Office Report on Cyber Diplomacy.
Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report and provide a briefing to the appropriate congressional committees that includes—
an assessment of the extent to which United States diplomatic processes and other efforts with foreign countries, including through multilateral fora, bilateral engagements, and negotiated cyberspace agreements, advance the full range of United States interests regarding cyberspace, including the policy described in section 9501(a);
an assessment of the Department’s organizational structure and approach to managing its diplomatic efforts to advance the full range of United States interests regarding cyberspace, including a review of—
the establishment of a Bureau within the Department to lead the Department’s international cyber mission;
the current or proposed diplomatic mission, structure, staffing, funding, and activities of such Bureau;
how the establishment of such Bureau has impacted or is likely to impact the structure and organization of the Department; and
what challenges, if any, the Department has faced or will face in establishing such Bureau; and
any other matters that the Comptroller General determines to be relevant.
SEC. 9505. Report on Diplomatic Programs to Detect and Respond to Cyber Threats Against Allies and Partners.
Not later than 180 days after the date of the enactment of this Act, the Secretary, in coordination with the heads of other relevant Federal agencies, shall submit a report to the appropriate congressional committees that assesses the capabilities of the Department to provide civilian-led support for acute cyber incident response in ally and partner countries that includes—
a description and assessment of the Department’s coordination with cyber programs and operations of the Department of Defense and the Department of Homeland Security;
recommendations on how to improve coordination and executive of Department involvement in programs or operations to support allies and partners in responding to acute cyber incidents; and
the budgetary resources, technical expertise, legal authorities, and personnel needed for the Department to formulate and implement the programs described in this section.
SEC. 9506. Cybersecurity Recruitment and Retention.
Sense of Congress.— It is the sense of Congress that improving computer programming language proficiency will improve—
the cybersecurity effectiveness of the Department; and
the ability of foreign service officers to engage with foreign audiences on cybersecurity matters.
Technology Talent Acquisition.—
Establishment.— The Secretary shall establish positions within the Bureau of Global Talent Management that are solely dedicated to the recruitment and retention of Department personnel with backgrounds in cybersecurity, engineering, data science, application development, artificial intelligence, critical and emerging technology, and technology and digital policy.
Goals.— The goals of the positions described in paragraph (1) shall be—
to fulfill the critical need of the Department to recruit and retain employees for cybersecurity, digital, and technology positions;
to actively recruit relevant candidates from academic institutions, the private sector, and related industries;
to work with the Office of Personnel Management and the United States Digital Service to develop and implement best strategies for recruiting and retaining technology talent; and
to inform and train supervisors at the Department on the use of the authorities listed in subsection (c)(1).
Implementation plan.— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a plan to the appropriate congressional committees that describes how the objectives and goals set forth in paragraphs (1) and (2) will be implemented.
Authorization of appropriations.— There is authorized to be appropriated $750,000 for each of the fiscal years 2023 through 2027 to carry out this subsection.
Annual Report on Hiring Authorities.— Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary shall submit a report to the appropriate congressional committees that includes—
a list of the hiring authorities available to the Department to recruit and retain personnel with backgrounds in cybersecurity, engineering, data science, application development, artificial intelligence, critical and emerging technology, and technology and digital policy;
a list of which hiring authorities described in paragraph (1) have been used during the previous 5 years;
the number of employees in qualified positions hired, aggregated by position and grade level or pay band;
the number of employees who have been placed in qualified positions, aggregated by bureau and offices within the Department;
the rate of attrition of individuals who begin the hiring process and do not complete the process and a description of the reasons for such attrition;
the number of individuals who are interviewed by subject matter experts and the number of individuals who are not interviewed by subject matter experts; and
recommendations for—
reducing the attrition rate referred to in paragraph (5) by 5 percent each year;
additional hiring authorities needed to acquire needed technology talent;
hiring personnel to hold public trust positions until such personnel can obtain the necessary security clearance; and
informing and training supervisors within the Department on the use of the authorities listed in paragraph (1).
Incentive Pay for Cybersecurity Professionals.— To increase the number of qualified candidates available to fulfill the cybersecurity needs of the Department, the Secretary shall—
include computer programming languages within the Recruitment Language Program; and
provide appropriate language incentive pay.
Report.— Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary shall provide a list to the appropriate congressional committees that identifies—
the computer programming languages included within the Recruitment Language Program and the language incentive pay rate; and
the number of individuals benefitting from the inclusion of such computer programming languages in the Recruitment Language Program and language incentive pay.
SEC. 9507. Short Course on Emerging Technologies for Senior Officials.
In General.— Not later than 1 year after the date of the enactment of this Act, the Secretary shall develop and begin providing, for senior officials of the Department, a course addressing how the most recent and relevant technologies affect the activities of the Department.
Throughput Objectives.— The Secretary should ensure that—
during the first year that the course developed pursuant to subsection (a) is offered, not fewer than 20 percent of senior officials are certified as having passed such course; and
in each subsequent year, until the date on which 80 percent of senior officials are certified as having passed such course, an additional 10 percent of senior officials are certified as having passed such course.
SEC. 9508. Establishment and Expansion of Regional Technology Officer Program.
Regional Technology Officer Program.—
Establishment.— The Secretary shall establish a program, which shall be known as the “Regional Technology Officer Program” (referred to in this section as the “Program”).
Goals.— The goals of the Program shall include the following:
Promoting United States leadership in technology abroad.
Working with partners to increase the deployment of critical and emerging technology in support of democratic values.
Shaping diplomatic agreements in regional and international fora with respect to critical and emerging technologies.
Building diplomatic capacity for handling critical and emerging technology issues.
Facilitating the role of critical and emerging technology in advancing the foreign policy objectives of the United States through engagement with research labs, incubators, and venture capitalists.
Maintaining the advantages of the United States with respect to critical and emerging technologies.
Implementation Plan.— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit an implementation plan to the appropriate congressional committees that outlines strategies for—
advancing the goals described in subsection (a)(2);
hiring Regional Technology Officers and increasing the competitiveness of the Program within the Foreign Service bidding process;
expanding the Program to include a minimum of 15 Regional Technology Officers; and
assigning not fewer than 2 Regional Technology Officers to posts within—
each regional bureau of the Department; and
the Bureau of International Organization Affairs.
Annual Briefing Requirement.— Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary shall brief the appropriate congressional committees regarding the status of the implementation plan required under subsection (b).
Authorization of Appropriations.— There is authorized to be appropriated up to $25,000,000 for each of the fiscal years 2023 through 2027 to carry out this section.
SEC. 9509. Vulnerability Disclosure Policy and Bug Bounty Program Report.
Definitions.— In this section:
Bug bounty program.— The term “bug bounty program” means a program under which an approved individual, organization, or company is temporarily authorized to identify and report vulnerabilities of internet-facing information technology of the Department in exchange for compensation.
Information technology.— The term “information technology” has the meaning given such term in section 11101 of title 40, United States Code.
Vulnerability Disclosure Policy.—
In general.— Not later than 180 days after the date of the enactment of this Act, the Secretary shall design, establish, and make publicly known a Vulnerability Disclosure Policy (referred to in this section as the “VDP”) to improve Department cybersecurity by—
creating Department policy and infrastructure to receive reports of and remediate discovered vulnerabilities in line with existing policies of the Office of Management and Budget and the Department of Homeland Security Binding Operational Directive 20–01 or any subsequent directive; and
providing a report on such policy and infrastructure to Congress.
Annual reports.— Not later than 180 days after the establishment of the VDP pursuant to paragraph (1), and annually thereafter for the following 5 years, the Secretary shall submit a report on the VDP to the Committee on Foreign Relations of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Select Committee on Intelligence of the Senate, the Committee on Foreign Affairs of the House of Representatives, the Committee on Homeland Security of the House of Representatives, and the Permanent Select Committee on Intelligence of the House of Representatives that includes information relating to—
the number and severity of all security vulnerabilities reported;
the number of previously unidentified security vulnerabilities remediated as a result;
the current number of outstanding previously unidentified security vulnerabilities and Department of State remediation plans;
the average time between the reporting of security vulnerabilities and remediation of such vulnerabilities;
the resources, surge staffing, roles, and responsibilities within the Department used to implement the VDP and complete security vulnerability remediation;
how the VDP identified vulnerabilities are incorporated into existing Department vulnerability prioritization and management processes;
any challenges in implementing the VDP and plans for expansion or contraction in the scope of the VDP across Department information systems; and
any other topic that the Secretary determines to be relevant.
Bug Bounty Program Report.—
In general.— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to Congress that describes any ongoing efforts by the Department or a third-party vendor under contract with the Department to establish or carry out a bug bounty program that identifies security vulnerabilities of internet-facing information technology of the Department.
Report.— Not later than 180 days after the date on which any bug bounty program is established, the Secretary shall submit a report to the Committee on Foreign Relations of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Homeland Security of the House of Representatives regarding such program, including information relating to—
the number of approved individuals, organizations, or companies involved in such program, disaggregated by the number of approved individuals, organizations, or companies that—
registered;
were approved;
submitted security vulnerabilities; and
received compensation;
the number and severity of all security vulnerabilities reported as part of such program;
the number of previously unidentified security vulnerabilities remediated as a result of such program;
the current number of outstanding previously unidentified security vulnerabilities and Department remediation plans for such outstanding vulnerabilities;
the average length of time between the reporting of security vulnerabilities and remediation of such vulnerabilities;
the types of compensation provided under such program;
the lessons learned from such program;
the public accessibility of contact information for the Department regarding the bug bounty program;
the incorporation of bug bounty program identified vulnerabilities into existing Department vulnerability prioritization and management processes; and
any challenges in implementing the bug bounty program and plans for expansion or contraction in the scope of the bug bounty program across Department information systems.
TITLE XCVI Public Diplomacy
SEC. 9601. United States Participation in International Fairs and Expositions.
Defined Term.— In this section, the term “appropriate committees of Congress” means—
the Committee on Foreign Relations of the Senate;
the Committee on Appropriations of the Senate;
the Committee on Foreign Affairs of the House of Representatives; and
the Committee on Appropriations of the House of Representatives.
Authorization of Appropriations.— Consistent with section 204 of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (22 U.S.C. 2452b), subject to subsections (c) and (d), there is authorized to be appropriated to the Department up to $25,000,000 for each of the fiscal years 2023 and 2024 for United States participation in international fairs and expositions abroad, including for the construction and operation of a United States pavilion at Expo 2025 Osaka.
Cost-share Requirement.— Amounts made available pursuant to subsection (b) to the Department for a United States pavilion or other major exhibit at an international fair or exposition abroad shall be made available on a cost-matching basis, to the maximum extent practicable, from sources other than the United States Government.
Notification.—
In general.— No funds made available pursuant to subsection (b) to the Department for a United States pavilion or other major exhibit at an international fair or exposition abroad may be obligated until at least 15 days after the appropriate committees of Congress have been notified of such intended obligation.
Matters to be included.— Each notification under paragraph (1) shall include—
a description of the source of such funds, including any funds reprogrammed or transferred by the Department to be made available for such pavilion or other major exhibit abroad;
an estimate of the amount of investment such pavilion or other major exhibit abroad could bring to the United States; and
a description of the strategy of the Department to identify and obtain such matching funds from sources other than the United States Government, in accordance with subsection (c).
Final Report.— Not later than 180 days after the date on which a United States pavilion or other major exhibit abroad is opened at an international fair or exposition in accordance with this section, the Secretary shall submit a report to the appropriate committees of Congress that includes—
the number of United States businesses that participated in such pavilion or other major exhibit; and
the dollar amount and source of any matching funds obtained by the Department.
SEC. 9602. Under Secretary for Public Diplomacy and Public Affairs.
Financial and Human Resources Coordination.— Section 1(b)(3) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended—
in subparagraph (D), by striking “ and” at the end;
in subparagraph (E), by striking the period at the end and inserting “ ; and”; and
by adding at the end the following:
“(F) coordinate the allocation and management of the financial and human resources for public diplomacy, including for—
“(i) the Bureau of Educational and Cultural Affairs;
“(ii) the Bureau of Global Public Affairs;
“(iii) the Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs;
“(iv) the Global Engagement Center; and
“(v) the public diplomacy functions within the regional and functional bureaus.”
Sense of Congress on the Importance of Filling the Position of Under Secretary for Public Diplomacy and Public Affairs.— It is the sense of Congress that since a vacancy in the position of Under Secretary of State for Public Diplomacy and Public Affairs is detrimental to the national security interests of the United States, the President should expeditiously nominate a qualified individual to such position whenever such vacancy occurs to ensure that the bureaus reporting to such position are able to fulfill their mission of—
expanding and strengthening relationships between the people of the United States and citizens of other countries; and
engaging, informing, and understanding the perspectives of foreign audiences.
SEC. 9603. Report on Public Diplomacy.
Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report that includes—
an evaluation of the May 2019 merger of the Bureau of Public Affairs and the Bureau of International Information Programs to form the Bureau of Global Public Affairs with respect to—
the efficacy of the current configuration of the bureaus reporting to the Under Secretary of State for Public Diplomacy and Public Affairs in achieving the mission of the Department;
the metrics before and after such merger, including personnel data, disaggregated by position and location, content production, opinion polling, program evaluations, and media appearances;
the results of a survey of public diplomacy practitioners to determine their opinion of the efficacy of such merger and any adjustments that still need to be made; and
a plan for evaluating and monitoring, not less frequently than once every 2 years, the programs, activities, messaging, professional development efforts, and structure of the Bureau of Global Public Affairs, and submitting a summary of each such evaluation to the appropriate congressional committees; and
a review of recent outside recommendations for modernizing diplomacy at the Department with respect to public diplomacy efforts, including—
efforts in each of the bureaus reporting to the Under Secretary of State for Public Diplomacy and Public Affairs to address issues of diversity and inclusion in their work, structure, data collection, programming, and personnel, including any collaboration with the Chief Diversity and Inclusion Officer;
proposals to collaborate with think tanks and academic institutions working on public diplomacy issues to implement recent outside recommendations; and
additional authorizations and appropriations necessary to implement such recommendations.
SEC. 9604. Promoting Peace, Education, and Cultural Exchange Through Music Diplomacy.
Sense of Congress.— It is the sense of Congress that—
music is an important conveyer of culture and can be used to communicate values and build understanding between communities;
musical artists play a valuable role in cross-cultural exchange, and their works and performances can promote peacebuilding and conflict resolution efforts;
the music industry in the United States has made important contributions to American society and culture, and musicians and industry professionals in the United States can offer valuable expertise to young musical artists around the world; and
the United States Government should promote exchange programs, especially programs that leverage the expertise and resources of the private sector, that give young musical artists from around the world the chance—
to improve their skills;
share ideas;
learn about American culture; and
develop the necessary skills to support conflict resolution and peacebuilding efforts in their communities and broader societies.
Authorization of Music-related Exchange Programs.— The Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.; commonly known as the Fulbright-Hays Act) is amended—
in section 102(a)(2) (22 U.S.C. 2452(a)(2))—
in clause (iii), by inserting “ and” at the end; and
in clause (iv)—
by inserting “ , including in coordination and consultation with the private sector,” before “ similar”; and
by striking the period at the end and inserting “ ; and”; and
in section 112(a) (22 U.S.C. 2460(a))—
in paragraph (8), by striking “ and” at the end;
in paragraph (9), by striking the period at the end and inserting “ ; and”; and
by adding at the end the following:
“(10) exchange programs, including in coordination and consultation with the private sector, focused on music and the performing arts that provide opportunities for foreign nationals and Americans to build cross-cultural understanding and advance peace abroad.”
Private Sector Partnerships.—
In general.— The Secretary should continue—
to partner with the private sector in support of music-related exchange programs implemented by the Bureau of Educational and Cultural Affairs (referred to in this section as the “ECA”);
to leverage private sector expertise in developing and implementing such programs; and
to expand networking and mentorship opportunities for program participants.
Authorization of certain partnerships.— The Secretary is authorized to partner with the private sector to recognize musicians—
whose works or performances have advanced peace abroad; and
who could contribute to networking and mentorship opportunities for participants of music-related exchange programs implemented by ECA.
Strategy.—
In general.— Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a strategy to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives for advancing United States foreign policy goals, including conflict resolution and peacebuilding efforts, through music-related exchange programs implemented by ECA. Such strategy shall include—
a description of clearly defined annual goals, targets, and planned outcomes for each music-related exchange program;
a plan to monitor and evaluate each music-related exchange program and progress made toward achieving such goals, targets, and planned outcomes, including measurable benchmarks;
a plan to ensure that music-related exchange programs are promoting United States foreign policy objectives, including ensuring such programs are clearly branded and paired with robust public diplomacy efforts;
a plan to pursue partnerships with the private sector while implementing music-related exchange programs, including leveraging industry expertise and expanding networking and mentorship opportunities for program participants;
examples of how ECA’s music-related exchange programs have contributed to conflict resolution and peacebuilding efforts to date, including through participant and alumni actions;
a description of lessons learned regarding how to better encourage conflict resolution and peacebuilding efforts through ECA’s music-related exchange programs; and
a plan to incorporate such lessons learned into relevant current and future programming.
Consultation.— In developing the strategy required under paragraph (1), the Secretary shall consult with the appropriate congressional committees and relevant private sector partners.
TITLE XCVII Other Matters
SEC. 9701. Supporting the Employment of United States Citizens by International Organizations.
Sense of Congress.— It is the sense of Congress that—
the Department should continue to eliminate the unreasonable barriers United States nationals face to obtain employment in the United Nations Secretariat, funds, programs, and agencies; and
the Department should bolster efforts to increase the number of qualified United States nationals who are candidates for leadership and oversight positions in the United Nations system, agencies, and commissions, and in other international organizations.
In General.— The Secretary is authorized to promote the employment and advancement of United States citizens by international organizations and bodies, including by—
providing stipends, consultation, and analytical services to support United States citizen applicants; and
making grants for the purposes described in paragraph (1).
Using Diplomatic Programs Funding To Promote the Employment of United States Citizens by International Organizations.— Amounts appropriated under the heading “Diplomatic Programs” in Acts making appropriations for the Department of State, Foreign Operations, and Related Programs are authorized to be appropriated for grants, programs, and activities described in subsection (b).
Strategy to Establish Junior Professional Program.—
In general.— Not later than 120 days after the date of the enactment of this Act, the Secretary, in coordination with the Secretary of the Treasury and other relevant cabinet members, shall publish a strategy for encouraging United States citizens to pursue careers with international organizations, particularly organizations that—
set international scientific, technical, or commercial standards; or
are involved in international finance and development.
Report to congress.— Not later than 90 days after the date of the enactment of this Act, the Secretary, in coordination with the Secretary of the Treasury and other relevant cabinet members, shall submit a report to the appropriate congressional committees that identifies—
the number of United States citizens who are involved in relevant junior professional programs in an international organization;
the distribution of individuals described in subparagraph (A) among various international organizations; and
the types of pre-deployment training that are available to United States citizens through a junior professional program at an international organization.
SEC. 9702. Increasing Housing Availability for Certain Employees Assigned to the United States Mission to the United Nations.
Section 9(2) of the United Nations Participation Act of 1945 (22 U.S.C. 287e–1(2)), is amended by striking “ 30” and inserting “ 41”.
SEC. 9703. Limitation on United States Contributions to Peacekeeping Operations Not Authorized by the United Nations Security Council.
The United Nations Participation Act of 1945 (22 U.S.C. 287 et seq.) is amended by adding at the end the following:
“SEC. 12. LIMITATION ON UNITED STATES CONTRIBUTIONS TO PEACEKEEPING OPERATIONS NOT AUTHORIZED BY THE UNITED NATIONS SECURITY COUNCIL.
“None of the funds authorized to be appropriated or otherwise made available to pay assessed and other expenses of international peacekeeping activities under this Act may be made available for an international peacekeeping operation that has not been expressly authorized by the United Nations Security Council.”
SEC. 9704. Boards of Radio Free Europe/radio Liberty, Radio Free Asia, the Middle East Broadcasting Networks, and the Open Technology Fund.
The United States International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is amended by inserting after section 306 (22 U.S.C. 6205) the following:
“SEC. 307. GRANTEE CORPORATE BOARDS OF DIRECTORS.
“(a) In General.—The corporate board of directors of each grantee under this title—
“(1) shall be bipartisan;
“(2) shall, except as otherwise provided in this Act, have the sole responsibility to operate their respective grantees within the jurisdiction of their respective States of incorporation;
“(3) shall be composed of not fewer than 5 members, who shall be qualified individuals who are not employed in the public sector; and
“(4) shall appoint successors in the event of vacancies on their respective boards, in accordance with applicable bylaws.
“(b) Not Federal Employees.—No employee of any grantee under this title may be a Federal employee.”
SEC. 9705. Broadcasting Entities No Longer Required to Consolidate into a Single Private, Nonprofit Corporation.
Section 310 of the United States International Broadcasting Act of 1994 (22 U.S.C. 6209) is amended. to read as follows:
“SEC. 310. INCORPORATION AND NON-FEDERAL STATUS OF BROADCASTING ENTITIES.
“(a) Defined Term.—In this chapter—
“(1) the term ‘grant’ includes agreements under section 6305 of title 31, United States Code; and
“(2) the term ‘grantee’ includes recipients of an agreement described in paragraph (1).
“(b) Incorporation.—The Chief Executive Officer is authorized to incorporate grantees in accordance with the regular notification procedures of—
“(1) the Committee on Appropriations of the Senate;
“(2) the Committee on Foreign Relations of the Senate;
“(3) the Committee on Appropriations of the House of Representatives; and
“(4) the Committee on Foreign Affairs of the House of Representatives.
“(c) Federal Status.—Nothing in this chapter or in any other Act, and no action taken pursuant to this chapter or any other Act, may be construed to make a grantee incorporated pursuant to subsection (b), or any other grantee or entity provided funding by the Agency, a Federal agency or instrumentality.
“(d) Leadership of Grantee Organizations.—The chief executive officer or the equivalent official of RFE/RL Inc., Radio Free Asia, the Open Technology Fund, and the Middle East Broadcasting Networks, and any other organization that is established or authorized under this chapter, shall serve at the pleasure of, and may be named by, the Chief Executive Officer of the Agency, with the concurrence of the Grantee Board and subject to the approval of the Advisory Board pursuant to section 306.”
SEC. 9706. International Broadcasting Activities.
Section 305(a) of the United States International Broadcasting Act of 1994 (22 U.S.C. 6204(a)) is amended—
in paragraph (1), by striking “ direct and”;
by striking paragraph (20);
by redesignating paragraphs (21), (22), and (23) as paragraphs (20), (21), and (22), respectively; and
in paragraph (22), as redesignated, by striking “ and to condition grants” and all that follows and inserting a period.
SEC. 9707. Global Internet Freedom.
Statement of Policy.— It is the policy of the United States to promote internet freedom through programs of the Department and USAID that preserve and expand the internet as an open, global space for freedom of expression and association, which shall be prioritized for countries—
whose governments restrict freedom of expression on the internet; and
that are important to the national interest of the United States.
Purpose and Coordination With Other Programs.— Global internet freedom programming under this section—
shall be coordinated with other United States foreign assistance programs that promote democracy and support the efforts of civil society—
to counter the development of repressive internet-related laws and regulations, including countering threats to internet freedom at international organizations;
to combat violence against bloggers and other civil society activists who utilize the internet; and
to enhance digital security training and capacity building for democracy activists;
shall seek to assist efforts—
to research key threats to internet freedom;
to continue the development of technologies that provide or enhance access to the internet, including circumvention tools that bypass internet blocking, filtering, and other censorship techniques used by authoritarian governments; and
to maintain the technological advantage of the Federal Government over the censorship techniques described in subparagraph (B); and
shall be incorporated into country assistance and democracy promotion strategies, as appropriate.
Authorization of Appropriations.— There are authorized to be appropriated for fiscal year 2023—
$75,000,000 to the Department and USAID, to continue efforts to promote internet freedom globally, and shall be matched, to the maximum extent practicable, by sources other than the Federal Government, including the private sector; and
$49,000,000 to the United States Agency for Global Media (referred to in this section as the “USAGM”) and its grantees, for internet freedom and circumvention technologies that are designed—
for open-source tools and techniques to securely develop and distribute digital content produced by the USAGM and its grantees;
to facilitate audience access to such digital content on websites that are censored;
to coordinate the distribution of such digital content to targeted regional audiences; and
to promote and distribute such tools and techniques, including digital security techniques.
United States Agency for Global Media Activities.—
Annual certification.— For any new tools or techniques authorized under subsection (c)(2), the Chief Executive Officer of the USAGM, in consultation with the President of the Open Technology Fund (referred to in this subsection as the “OTF”) and relevant Federal departments and agencies, shall submit an annual certification to the appropriate congressional committees that verifies they—
have evaluated the risks and benefits of such new tools or techniques; and
have established safeguards to minimize the use of such new tools or techniques for illicit purposes.
Information sharing.— The Secretary may not direct programs or policy of the USAGM or the OTF, but may share any research and development with relevant Federal departments and agencies for the exclusive purposes of—
sharing information, technologies, and best practices; and
assessing the effectiveness of such technologies.
United states agency for global media.— The Chief Executive Officer of the USAGM, in consultation with the President of the OTF, shall—
coordinate international broadcasting programs and incorporate such programs into country broadcasting strategies, as appropriate;
solicit project proposals through an open, transparent, and competitive application process, including by seeking input from technical and subject matter experts; and
support internet circumvention tools and techniques for audiences in countries that are strategic priorities for the OTF, in accordance with USAGM’s annual language service prioritization review.
USAGM Report.— Not later than 120 days after the date of the enactment of this Act, the Chief Executive Office of the USAGM shall submit a report to the appropriate congressional committees that describes—
as of the date of the report—
the full scope of internet freedom programs within the USAGM, including—
the efforts of the Office of Internet Freedom; and
the efforts of the Open Technology Fund;
the capacity of internet censorship circumvention tools supported by the Office of Internet Freedom and grantees of the Open Technology Fund that are available for use by individuals in foreign countries seeking to counteract censors; and
any barriers to the provision of the efforts described in clauses (i) and (ii) of subparagraph (A), including access to surge funding; and
successful examples from the Office of Internet Freedom and Open Technology Fund involving—
responding rapidly to internet shutdowns in closed societies; and
ensuring uninterrupted circumvention services for USAGM entities to promote internet freedom within repressive regimes.
Joint Report.— Not later than 60 days after the date of the enactment of this Act, the Secretary and the Administrator of USAID shall jointly submit a report, which may include a classified annex, to the appropriate congressional committees that describes—
as of the date of the report—
the full scope of internet freedom programs within the Department and USAID, including—
Department circumvention efforts; and
USAID efforts to support internet infrastructure;
the capacity of internet censorship circumvention tools supported by the Federal Government that are available for use by individuals in foreign countries seeking to counteract censors; and
any barriers to provision of the efforts enumerated in clauses (i) and (ii) of subsection (e)(1)(A), including access to surge funding; and
any new resources needed to provide the Federal Government with greater capacity to provide and boost internet access—
to respond rapidly to internet shutdowns in closed societies; and
to provide internet connectivity to foreign locations where the provision of additional internet access service would promote freedom from repressive regimes.
Security Audits.— Before providing any support for open source technologies under this section, such technologies must undergo comprehensive security audits to ensure that such technologies are secure and have not been compromised in a manner that is detrimental to the interest of the United States or to the interests of individuals and organizations benefitting from programs supported by such funding.
Surge.—
Authorization of appropriations.— Subject to paragraph (2), there is authorized to be appropriated, in addition to amounts otherwise made available for such purposes, up to $2,500,000 to support internet freedom programs in closed societies, including programs that—
are carried out in crisis situations by vetted entities that are already engaged in internet freedom programs;
involve circumvention tools; or
increase the overseas bandwidth for companies that received Federal funding during the previous fiscal year.
Certification.— Amounts authorized to be appropriated pursuant to paragraph (1) may not be expended until the Secretary has certified to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives that the use of such funds is in the national interest of the United States.
Defined Term.— In this section, the term “internet censorship circumvention tool” means a software application or other tool that an individual can use to evade foreign government restrictions on internet access.
SEC. 9708. Arms Export Control Act Alignment with the Export Control Reform Act.
Section 38(e) of the Arms Export Control Act (22 U.S.C. 2778(e)) is amended—
by striking “ subsections (c), (d), (e), and (g) of section 11 of the Export Administration Act of 1979, and by subsections (a) and (c) of section 12 of such Act” and inserting “ subsections (c) and (d) of section 1760 of the Export Control Reform Act of 2018 (50 U.S.C. 4819), and by subsections (a)(1), (a)(2), (a)(3), (a)(4), (a)(7), (c), and (h) of section 1761 of such Act (50 U.S.C. 4820)”;
by striking “ 11(c)(2)(B) of such Act” and inserting “ 1760(c)(2) of such Act (50 U.S.C. 4819(c)(2))”;
by striking “ 11(c) of the Export Administration Act of 1979” and inserting “ section 1760(c) of the Export Control Reform Act of 2018 (50 U.S.C. 4819(c))”; and
by striking “ $500,000” and inserting “ the greater of $1,200,000 or the amount that is twice the value of the transaction that is the basis of the violation with respect to which the penalty is imposed.”.
SEC. 9709. Increasing the Maximum Annual Lease Payment Available Without Approval by the Secretary.
Section 10(a) of the Foreign Service Buildings Act, 1926 (22 U.S.C. 301(a)), is amended by striking “ $50,000” and inserting “ $100,000”.
SEC. 9710. Report on United States Access to Critical Mineral Resources Abroad.
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 details, with regard to the Department—
diplomatic efforts to ensure United States access to critical minerals acquired from outside of the United States that are used to manufacture clean energy technologies; and
collaboration with other parts of the Federal Government to build a robust supply chain for critical minerals necessary to manufacture clean energy technologies.
SEC. 9711. Overseas United States Strategic Infrastructure Development Projects.
Assessment of Impact to United States National Security of Infrastructure Projects by the People’s Republic of China in the Developing World.— Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to the appropriate congressional committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives regarding the One Belt, One Road Initiative, which is the global infrastructure development strategy initiated by the Government of the People’s Republic of China in 2013.
Report Elements.— The report required under subsection (a) shall—
describe the nature and cost of One Belt, One Road Initiative investments, operation, and construction of strategic infrastructure projects, including logistics, refining, and processing industries and resource facilities, and critical and strategic mineral resource extraction projects, including an assessment of—
the strategic benefits of such investments that are derived by the People’s Republic of China and the host nation; and
the negative impacts of such investments to the host nation and to United States interests;
describe the nature and total funding of United States’ strategic infrastructure investments and construction, such as projects financed through initiatives such as Prosper Africa and the Millennium Challenge Corporation;
assess the national security threats posed by the foreign infrastructure investment gap between the People’s Republic of China and the United States, including strategic infrastructure, such as ports, market access to, and the security of, critical and strategic minerals, digital and telecommunications infrastructure, threats to the supply chains, and general favorability towards the People’s Republic of China and the United States among the populations of host countries;
assess the opportunities and challenges for companies based in the United States and companies based in United States partner and allied countries to invest in foreign strategic infrastructure projects in countries where the People’s Republic of China has focused these types of investments;
identify challenges and opportunities for the United States Government and United States partners and allies to more directly finance and otherwise support foreign strategic infrastructure projects, including an assessment of the authorities and capabilities of United States agencies, departments, public-private partnerships, and international or multilateral organizations to support such projects without undermining United States domestic industries, such as domestic mineral deposits; and
include recommendations for United States Government agencies to undertake or increase support for United States businesses to support foreign, large-scale, strategic infrastructure projects, such as roads, power grids, and ports.
SEC. 9712. Provision of Parking Services and Retention of Parking Fees.
The Secretary of State may—
provide parking services, including electric vehicle charging and other parking services, in facilities operated by or for the Department; and
charge fees for such services that may be deposited into the appropriate account of the Department, to remain available until expended for the purposes of such account, provided that the fees shall not exceed the cost of the providing such services.
SEC. 9713. Diplomatic Reception Areas.
Defined Term.— In this section, the term “reception areas” has the meaning given such term in section 41(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2713(c)).
In General.— The Secretary may sell goods and services at fair market value and use the proceeds of such sales for administration and related support of the reception areas.
Amounts Collected.— Amounts collected pursuant to the authority provided under subsection (b) may be deposited into an account in the Treasury, to remain available until expended.
SEC. 9714. Return of Supporting Documents for Passport Applications Through United States Postal Service Certified Mail.
In General.— Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a procedure that provides, to any individual applying for a new United States passport or to renew the United States passport of the individual by mail, the option to have supporting documents for the application returned to the individual by the United States Postal Service through certified mail.
Cost.—
Responsibility.— The cost of returning supporting documents to an individual as described in subsection (a) shall be the responsibility of the individual.
Fee.— The fee charged to the individual by the Secretary for returning supporting documents as described in subsection (a) shall be the sum of—
the retail price charged by the United States Postal Service for the service; and
the estimated cost of processing the return of the supporting documents.
Report.— Not later than 30 days after the establishment of the procedure required under subsection (a), the Secretary shall submit a report to the appropriate congressional committees that—
details the costs included in the processing fee described in paragraph (2); and
includes an estimate of the average cost per request.
SEC. 9715. Report on Distribution of Personnel and Resources Related to Ordered Departures and Post Closures.
Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees that describes—
how Department personnel and resources dedicated to Mission Afghanistan were reallocated following the closure of diplomatic posts in Afghanistan in August 2021; and
the extent to which Department personnel and resources for Mission Iraq were reallocated following ordered departures for diplomatic posts in March 2020, and how such resources were reallocated.
SEC. 9716. Elimination of Obsolete Reports.
Certification of Effectiveness of the Australia Group.— Section 2(7) of Senate Resolution 75 (105th Congress) is amended by striking subparagraph (C).
Plans to Implement the Gandhi-King Scholarly Exchange Initiative.— The Gandhi-King Scholarly Exchange Initiative Act (subtitle D of title III of division FF of Public Law 116–260) is amended by striking section 336.
Progress Report on Jerusalem Embassy.— The Jerusalem Embassy Act of 1995 (Public Law 104–45) is amended by striking section 6.
Presidential Anti-pedophilia Certification.— Section 102 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–236) is amended by striking subsection (g).
Microenterprise for Self-reliance Report.— Title III of the Microenterprise for Self-Reliance and International Anti-Corruption Act of 2000 (Public Law 106–309; 22 U.S.C. 2462 note) is amended by striking section 304.
SEC. 9717. Locality Pay for Federal Employees Working Overseas under Domestic Employee Teleworking Overseas Agreements.
Definitions.— In this section:
Civil service.— The term “civil service” has the meaning given the term in section 2101 of title 5, United States Code.
Covered employee.— The term “covered employee” means an employee who—
occupies a position in the civil service; and
is working overseas under a Domestic Employee Teleworking Overseas agreement.
Locality pay.— The term “locality pay” means a locality-based comparability payment paid in accordance with subsection (b).
Nonforeign area.— The term “nonforeign area” has the meaning given the term in section 591.205 of title 5, Code of Federal Regulations, or any successor regulation.
Overseas.— The term “overseas” means any geographic location that is not in—
the continental United States; or
a nonforeign area.
Payment of Locality Pay.— Each covered employee shall be paid locality pay in an amount that is equal to the lesser of—
the amount of a locality-based comparability payment that the covered employee would have been paid under section 5304 or 5304a of title 5, United States Code, had the official duty station of the covered employee not been changed to reflect an overseas location under the applicable Domestic Employee Teleworking Overseas agreement; or
the amount of a locality-based comparability payment that the covered employee would be paid under section 1113 of the Supplemental Appropriations Act, 2009 (Public Law 111–32), as limited under section 9802(c)(2) of this Act, if the covered employee were an eligible member of the Foreign Service (as defined in subsection (b) of such section 1113).
Application.— Locality pay paid to a covered employee under this section—
shall begin to be paid not later than 60 days after the date of the enactment of this Act; and
shall be treated in the same manner, and subject to the same terms and conditions, as a locality-based comparability payment paid under section 5304 or 5304a of title 5, United States Code.
SEC. 9718. Report on Countering the Activities of Malign Actors.
Report.—
In general.— Not later than 1 year after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of the Treasury and the Administrator, shall submit a report to the Committee on Foreign Relations of the Senate, the Committee on Armed Services of the Senate, the Select Committee on Intelligence of the Senate, the Committee on Foreign Affairs of the House of Representatives, the Committee on Armed Services of the House of Representatives, and the Permanent Select Committee on Intelligence of the House of Representatives regarding United States diplomatic efforts in Africa in achieving United States policy goals and countering the activities of malign actors.
Elements.— The report required under paragraph (1) shall include—
case studies from Mali, Sudan, the Central African Republic, the Democratic Republic of the Congo, Burkina Faso, and South Sudan, with the goal of assessing the effectiveness of diplomatic tools during the 5-year period ending on the date of the enactment of this Act; and
an assessment of—
the extent and effectiveness of certain diplomatic tools to advance United States priorities in the respective case study countries, including—
in-country diplomatic presence;
humanitarian and development assistance;
support for increased 2-way trade and investment;
United States security assistance;
public diplomacy; and
accountability measures, including sanctions;
whether the use of the diplomatic tools described in clause (i) achieved the diplomatic ends for which they were intended; and
the means by which the Russian Federation and the People’s Republic of China exploited any openings for diplomatic engagement in the case study countries.
Form.— The report required under subsection (b) shall be submitted in classified form.
Classified Briefing Required.— Not later than 1 year after the date of the enactment of this Act, the Secretary and the Administrator shall jointly brief Congress regarding the report required under subsection (b).
TITLE XCVIII Extension of Authorities
SEC. 9801. Diplomatic Facilities.
For the purposes of calculating the costs of providing new United States diplomatic facilities in any fiscal year, in accordance with section 604(e) of the Secure Embassy Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 note), the Secretary of State, in consultation with the Director of the Office of Management and Budget, shall determine the annual program level and agency shares for such fiscal year in a manner that is proportional to the contribution of the Department of State for this purpose.
SEC. 9802. Extension of Existing Authorities.
Passport Fees.— Section 1(b)(2) of the Passport Act of June 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by striking “ September 30, 2010” and inserting “ September 30, 2026”.
USAID Civil Service Annuitant Waiver.— Section 625(j)(1)(B) of the Foreign Assistance Act of 1961 (22 U.S.C. 2385(j)(1)(B)) shall be applied by striking “ October 1, 2010” and inserting “ September 30, 2024”.
Overseas Pay Comparability and Limitation.—
In general.— The authority provided under section 1113 of the Supplemental Appropriations Act, 2009 (Public Law 111–32) shall remain in effect through September 30, 2024.
Limitation.— The authority described in paragraph (1) may not be used to pay an eligible member of the Foreign Service (as defined in section 1113(b) of the Supplemental Appropriations Act, 2009 (Public Law 111–32)) a locality-based comparability payment (stated as a percentage) that exceeds two-thirds of the amount of the locality-based comparability payment (stated as a percentage) that would be payable to such member under section 5304 of title 5, United States Code, if such member’s official duty station were in the District of Columbia.
Inspector General Annuitant Waiver.— The authorities provided under section 1015(b) of the Supplemental Appropriations Act, 2010 (Public Law 111–212)—
shall remain in effect through September 30, 2024; and
may be used to facilitate the assignment of persons for oversight of programs in Somalia, South Sudan, Syria, Venezuela, and Yemen.
Security Review Committees.— The authority provided under section 301(a)(3) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall remain in effect for facilities in Afghanistan and shall apply to facilities in Ukraine through September 30, 2024, except that the notification and reporting requirements contained in such section shall include the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives.
Department of State Inspector General Waiver Authority.— The Inspector General of the Department may waive the provisions of subsections (a) through (d) of section 824 of the Foreign Service Act of 1980 (22 U.S.C. 4064), on a case-by-case basis, for an annuitant reemployed by the Inspector General on a temporary basis, subject to the same constraints and in the same manner by which the Secretary of State may exercise such waiver authority pursuant to subsection (g) of such section.
SEC. 9803. Commission on Reform and Modernization of the Department of State.
Short Title.— This section may be cited as the “Commission on Reform and Modernization of the Department of State Act”.
Establishment of Commission.— There is established, in the legislative branch, the Commission on Reform and Modernization of the Department of State (referred to in this section as the “Commission”).
Purposes.— The purposes of the Commission are—
to examine the changing nature of diplomacy and the ways in which the Department can modernize to advance the interests of the United States; and
to offer recommendations to the President and Congress related to—
the organizational structure of the Department;
personnel-related matters, including recruitment, promotion, training, and retention of the Department’s workforce in order to foster effective diplomacy worldwide, including measures to strengthen diversity and inclusion to ensure that the Department’s workforce represents all of America;
the Department of State’s domestic and overseas facilities;
the link among diplomacy and defense, development, commercial, health, law enforcement, science, technology, and other core United States interests;
legislation that authorizes United States diplomacy, including the Foreign Service Act of 1980 (Public Law 96–465); and
related regulations, rules, and processes that define United States diplomatic efforts, including the Foreign Affairs Manual.
Membership.—
Composition.— The Commission shall be composed of 16 members, of whom—
4 members shall be appointed by the President in a nonpartisan manner;
2 members (1 of whom may be a Member of Congress) shall be appointed by the majority leader of the Senate;
2 members (1 of whom may be a Member of Congress) shall be appointed by the Speaker of the House of Representatives;
2 members (1 of whom may be a Member of Congress) shall be appointed by the minority leader of the Senate;
2 members (1 of whom may be a Member of Congress) shall be appointed by the minority leader of the House of Representatives;
1 member shall be appointed by the chairperson of the Committee on Foreign Relations of the Senate;
1 member shall be appointed by the ranking member of the Committee on Foreign Relations of the Senate;
1 member shall be appointed by the chairperson of the Committee on Foreign Affairs of the House of Representatives; and
1 member shall be appointed by the ranking member of the Committee on Foreign Affairs of the House of Representatives.
Qualifications.—
Membership.— Any member of the Commission who is not a Member of Congress shall be a private United States citizen who is nationally recognized and has significant depth of experience in international relations, data- driven management, and the policymaking, programmatic, and personnel aspects of the Department.
Restrictions.—
Foreign agents registration act of 1938.— No member of the Commission may be a current or former registrant under the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.).
Members of congress.— Not more than 4 members of the Commission may be Members of Congress, who may only be appointed by the Majority Leader of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives in accordance with paragraph (1). None of the members of the Commission may be individuals who are eligible to make such appointments.
Appointments.—
Deadline.— Members of the Commission shall be appointed pursuant to paragraph (1) not later than 90 days after the date of the enactment of this Act.
Period of appointment; vacancies.— Members of the Commission shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect the powers of the Commission and shall be filled in the same manner as the original appointment.
Notifications.— Individuals making appointments pursuant to paragraph (1) shall notify the Chair and Ranking Member of the appropriate committees of Congress and the Secretary of State of such appointments.
Co-chairpersons.—
Democratic leaders.— The Democratic leader in the Senate and the Democratic leader in the House of Representatives shall jointly select 1 member of the Commission appointed pursuant to paragraph (1) to serve as a co-chairperson of the Commission.
Republican leaders.— The Republican leader in the Senate and the Republican leader in the House of Representatives shall jointly select 1 member of the Commission appointed pursuant to paragraph (1) to serve as a co-chairperson of the Commission.
Removal.— A member may be removed from the Commission for cause by the individual serving in the position responsible for the original appointment of such member under paragraph (1) if—
notice was provided to such member describing the cause for removal; and
such removal was voted and agreed upon by a majority of the members serving on the Commission.
Meetings.—
Initial meeting.— Not later than 30 days after a majority of the members of the Commission have been appointed, the Commission shall hold the first meeting and shall begin operations as soon as practicable.
Frequency.— The Commission shall meet upon the call of the co-chairpersons, acting jointly.
Quorum.— A majority of the members of the Commission, or a majority of the members of a panel, shall constitute a quorum for purposes of conducting business.
Functions of Commission.—
In general.— Except as provided in subsection (j), the Commission shall act by resolution agreed to by a majority of the members of the Commission voting and present.
Panels.— The Commission may establish panels composed of less than the full membership of the Commission for purposes of carrying out the duties of the Commission under this section. The membership of such panels should reflect the bipartisan composition of the Commission. The actions of any such panel shall be subject to the review and control of the Commission. Any findings and determinations made by such a panel may not be considered the findings and determinations of the Commission unless such findings and determinations are approved by a majority of the Commission, including both co-chairpersons.
Powers of Commission.—
Hearings and evidence.— To carry out the purposes of the Commission described in subsection (c), the Commission or any panel of the Commission may, with the joint approval of the co-chairpersons—
hold such hearings and meetings, take such testimony, receive such evidence, and administer such oaths as the Commission or such designated panel considers necessary;
request the attendance and testimony of such witnesses and the production of such correspondence, memoranda, papers, and documents, as the Commission or such designated panel considers necessary; and
secure from the Department, USAID, the United States International Development Finance Corporation, the Millennium Challenge Corporation, Peace Corps, the United States Trade Development Agency, and the United States Agency for Global Media information and data necessary to enable it to carry out its mission.
Contracts.— The Commission, to such extent and in such amounts as are provided in appropriations Acts, may enter into contracts to enable the Commission to discharge its duties under this section.
Support From Other Agencies.—
Information from federal agencies.— To carry out the purposes of the Commission described in subsection (c), upon the receipt of a joint written request by the co-chairpersons of the Commission to any of the heads of the Department, USAID, the United States International Development Finance Corporation, the Millennium Challenge Corporation, the Peace Corps, the Trade Development Agency, or the United States Agency for Global Media, the heads of such entities shall expeditiously furnish the requested information to the Commission.
Assistance from federal agencies.— The Department of State and other Federal departments and agencies may provide to the Commission, on a nonreimbursable basis, such administrative services, staff, and other support services as are necessary for the performance of the Commission’s duties under this section, at the request of the Commission.
Liaison.— The Secretary may designate at least 1 officer or employee of the Department to serve as a liaison officer between the Department and the Commission.
Recommendations from independent organizations.— The Commission may review recommendations by independent organizations and outside experts relating to reform and modernization of the Department.
Congressional Consultation.— Not later than 180 days after the initial meeting of the Commission, and not less frequently than semiannually thereafter, the Commission shall provide a briefing to Congress regarding the work of the Commission.
Staff and Compensation.—
Staff.—
Compensation.— The co-chairpersons of the Commission shall appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable to a person occupying a position at level V of the Executive Schedule under section 5316 of such title.
Detail of government employees.— A Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.
Procurement of temporary and intermittent services.— The co-chairs of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5315 of such title.
Status as federal employees.— Notwithstanding the requirements under section 2105 of title 5, United States Code, including the required supervision under subsection (a)(3) of such section, the members of the commission shall be deemed to be Federal employees.
Commission members.—
Compensation.— Except as provided in subparagraph (C), each member of the Commission shall be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which that member is engaged in the actual performance of the duties of the Commission.
Waiver of certain provisions.— Subsections (a) through (d) of section 824 of the Foreign Service Act of 1980 (22 U.S.C. 4064) are waived for an annuitant on a temporary basis so as to be compensated for work performed as part of the Commission.
Restriction for members of congress.— Any Member of Congress serving as a member of the Commission shall not receive any additional compensation or pay for their service on the Commission.
Travel expenses.— While away from their homes or regular places of business in the performance of service for the Commission, members and staff of the Commission, and any Federal Government employees detailed to the Commission, shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed expenses under section 5703(b) of title 5, United States Code.
Security clearances for commission members and staff.—
In general.— Members and staff shall have or be eligible to receive the appropriate security clearance to conduct their duties.
Expedited processing.— The Office of Senate Security shall ensure the expedited processing of appropriate security clearances for members, officers, and employees of the Commission.
Report.—
In general.— Not later than 24 months after the first date on which a majority of the members of the Commission have been appointed, the Commission shall submit a final report to the Secretary and Congress that includes—
a detailed statement of the findings and conclusions of the Commission; and
the recommendations of the Commission for such legislative and administrative actions as the Commission considers appropriate in light of the results of the study, including the anticipated amount of time and resources required to implement such recommendations.
Department response.— The Secretary, in coordination with the heads of appropriate Federal departments and agencies, shall have the right to review and respond to all Commission recommendations before the Commission submits its final report to the Secretary and Congress. The Commission shall provide the Department with its recommendations not later than 90 days before the date of submission of its final report.
Termination of Commission.—
In general.— The Commission, and all the authorities under this section, shall terminate on the date that is 60 days after the date on which the final report is submitted pursuant to subsection (j)(1).
Administrative activities before termination.— The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to the appropriate committees of Congress concerning its reports and disseminating the report.
Authorization of Appropriations.—
In general.— There is authorized to be appropriated up to $2,000,000 for fiscal year 2023 to carry out this section.
Transfers; support.— In addition to other transfers and support otherwise authorized by law, the Secretary may—
transfer any amounts appropriated pursuant to paragraph (1) to the Commission; and
use the amounts referred to in subparagraph (A) to provide non-reimbursable support to the Commission.
Commission accounts.—
Establishment.— The Secretary of the Treasury may establish 1 or more accounts to facilitate transfers to the Commission of amounts authorized under paragraph (2)(A).
Use of funds.— Amounts transferred to the Commission pursuant to subparagraph(A) may be used for the activities of the Commission, including—
the payment of Commission expenses;
the compensation of Commission members, officers, and employees.
Defined Term.— In this section, the term “appropriate committees of Congress” means—
the Committee on Foreign Relations of the Senate;
the Committee on Appropriations of the Senate;
the Committee on Foreign Affairs of the House of Representatives; and
the Committee on Appropriations of the House of Representatives.