[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8788 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8788
To provide for certain authorities of the Department of State, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 9, 2022
Mr. Meeks introduced the following bill; which was referred to the
Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To provide for certain authorities of the Department of State, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Department of
State Authorization Act of 2022''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Definitions.
TITLE I--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE
Sec. 101. Bureau of Democracy, Human Rights, and Labor.
Sec. 102. Office of City and State Diplomacy.
Sec. 103. Congressional notification for rewards paid using
cryptocurrencies.
Sec. 104. Appointment of Director of Digital Currency Security.
Sec. 105. Diplomatic reception rooms.
Sec. 106. National Museum of American Diplomacy.
Sec. 107. Passport fees.
Sec. 108. Ensuring geographic diversity and accessibility of passport
agencies.
Sec. 109. Study and report on passport modernization opportunities.
Sec. 110. Office of Global Criminal Justice.
Sec. 111. Expanded authority for transfers to rewards programs
expenses.
Sec. 112. Authorizing support for wrongfully detained United States
nationals and their family members.
Sec. 113. Notification to Congress for United States nationals
unlawfully or wrongfully detained abroad.
Sec. 114. Family Engagement Coordinator.
Sec. 115. Rewards for justice.
Sec. 116. Provision of parking services and retention of parking fees.
Sec. 117. Modernizing the Bureau of Arms Control, Verification, and
Compliance and the Bureau of International
Security and Nonproliferation.
TITLE II--EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
Sec. 201. Embassy security, construction, and maintenance.
Sec. 202. Amendments to Secure Embassy Construction and
Counterterrorism Act of 1999.
Sec. 203. Increasing the maximum annual lease payment available without
approval by Secretary of State.
Sec. 204. Diplomatic support and security.
TITLE III--PERSONNEL ISSUES
Subtitle A--Matters Relating to Employment
Sec. 301. Per diem allowance and locality pay for newly hired members
of the Foreign Service.
Sec. 302. Rest, recuperation, and overseas operations leave.
Sec. 303. Dignity for people with disabilities serving in the Foreign
Service.
Sec. 304. Increasing housing availability for certain employees
assigned to the United States mission to
the United Nations.
Sec. 305. Enhanced requirements for the Department of State relating to
telework-ready employees.
Sec. 306. Department of State Student Internship Program.
Sec. 307. Addendum for study on foreign service allowances.
Sec. 308. Report on pilot program for lateral entry into the Foreign
Service.
Sec. 309. Interagency policies to prevent and respond to harassment,
discrimination, sexual assault, and related
retaliation.
Sec. 310. Curtailments, removals from post, and waivers of privileges
and immunities.
Sec. 311. Commission on Reform and Modernization of the Department of
State.
Sec. 312. Management assessments at diplomatic and consular posts.
Sec. 313. Streamlining of security clearance process.
Sec. 314. Modifications to Foreign Affairs Manual with respect to
security clearances.
Sec. 315. Additional personnel to address backlogs in hiring and
investigations.
Sec. 316. Report on worldwide availability.
Sec. 317. Supporting the employment of United States citizens by
international organizations.
Sec. 318. Authorizing the use of diplomatic programs funding to promote
the employment of United States citizens by
international organizations.
Sec. 319. Increasing the maximum amount authorized for science and
technology fellowship grants and
cooperative agreements.
Sec. 320. Report on changes to the Foreign Service officer test.
Subtitle B--Matters Relating to Training and Professional Development
Sec. 331. Facilitation and encouragement of training and professional
development for Foreign Service and Civil
Service personnel.
Sec. 332. Sense of Congress on partnerships between Department of State
and academic and other non-department
institutions and organizations for training
and professional development of Foreign
Service and Civil Service personnel.
Sec. 333. Training related to conflict prevention.
Sec. 334. Authority to pursue coursework outside of the Foreign Service
Institute and across the United States.
Sec. 335. Establishment of Foreign Service Institute Innovation
Advisor.
Sec. 336. Report on course performance.
Sec. 337. Language training for Foreign Service personnel.
Sec. 338. Meritorious step increase authority.
Sec. 339. Professional development.
Sec. 340. Study and report on Foreign Service Institute School of
Language Studies.
Sec. 341. USAID tenuring and incentive languages.
Sec. 342. Authorization of appropriations for the Benjamin A. Gilman
international scholarships program.
TITLE IV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION
Sec. 401. Collection, analysis, and dissemination of workforce data.
Sec. 402. Promoting diversity and inclusion in the Department of State
workforce.
Sec. 403. Expanding scope of fellowship programs to include civil
servants.
Sec. 404. Centers of excellence in foreign affairs and assistance.
TITLE V--MATTERS RELATING TO CYBERSECURITY
Subtitle A--Information Security and Cyber Diplomacy
Sec. 501. Vulnerability disclosure policy and bug bounty program
report.
Subtitle B--Matters Relating to Cyber Diplomacy
Sec. 511. United States international cyberspace policy.
Sec. 512. Bureau addressing cyberspace and digital policy.
Sec. 513. International cyberspace executive arrangements.
Sec. 514. International strategy for cyberspace.
Sec. 515. Addition to annual country reports on human rights practices.
Sec. 516. GAO report on cyber diplomacy.
Sec. 517. Report on diplomatic programs to detect and respond to cyber
threats against allies and partners.
Sec. 518. Cybersecurity recruitment and retention.
Sec. 519. Short course on emerging technologies for senior officials.
Sec. 520. Establishment and expansion of the Regional Technology
Officer Program.
TITLE VI--PUBLIC DIPLOMACY
Sec. 601. International fairs and expositions.
Sec. 602. Global Engagement Center.
Sec. 603. Paperwork Reduction Act.
Sec. 604. Cultural Antiquities Task Force.
Sec. 605. Under Secretary for Public Diplomacy.
TITLE VII--OTHER MATTERS
Sec. 701. Arms Export Control Act alignment with the Export Control
Reform Act.
Sec. 702. Congressional oversight, quarterly review, and authority
relating to concurrence provided by chiefs
of mission for the provision of support
relating to certain United States
Government operations.
Sec. 703. Regional civilian interagency mechanism study.
Sec. 704. Modification of prior notification of shipment of arms.
Sec. 705. Limitation on United States contributions to peacekeeping
operations not authorized by the United
Nations Security Council.
Sec. 706. Report on United States access to critical mineral resources
abroad.
Sec. 707. Ensuring the integrity of communications cooperation.
Sec. 708. Report on the use of data and data science at the Department
of State.
Sec. 709. Emergency medical services authority.
SEC. 2. DEFINITIONS.
Unless otherwise specified, in this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs of the House
of Representatives; and
(B) the Committee on Foreign Relations of the
Senate.
(2) Department.--The term ``Department'' means the
Department of State.
(3) Secretary.--The term ``Secretary'' means the Secretary
of State.
TITLE I--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE
SEC. 101. BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR.
Section 1(c)(2) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a) is amended--
(1) in subparagraph (A)--
(A) in the second sentence, by striking ``section''
and inserting ``sections 116 and''; and
(B) by adding at the end the following new
sentence: ``All special envoys, ambassadors, and
coordinators located within the Bureau of Democracy,
Human Rights, and Labor shall report directly to the
Assistant Secretary unless otherwise provided by
law.'';
(2) in subparagraph (B)(ii)--
(A) by striking ``section'' and inserting
``sections 116 and''; and
(B) by inserting before the period at the end the
following: ``(commonly referred to as the annual
`Country Reports on Human Rights Practices')''; and
(3) by adding at the end the following new subparagraphs:
``(C) Authorities.--In addition to the duties, functions,
and responsibilities specified in this paragraph, the Assistant
Secretary of State for Democracy, Human Rights, and Labor is
authorized to--
``(i) promote democracy and actively support human
rights throughout the world;
``(ii) promote the rule of law and good governance
throughout the world;
``(iii) strengthen, empower, and protect civil
society representatives, programs, and organizations,
and facilitate their ability to engage in dialogue with
governments and other civil society entities;
``(iv) review and, as appropriate, make
recommendations to the Secretary of State regarding the
proposed transfer of--
``(I) defense articles and defense services
authorized under the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.) or the Arms
Export Control Act (22 U.S.C. 2751 et seq.);
and
``(II) military items listed on the `600
series' of the Commerce Control List contained
in Supplement No. 1 to part 774 of subtitle B
of title 15, Code of Federal Regulations;
``(v) coordinate programs and activities that
protect and advance the exercise of human rights and
internet freedom in cyberspace; and
``(vi) implement other relevant policies and
provisions of law.
``(D) Local oversight.--To the extent practicable, United
States missions should, in carrying out programs of the Bureau
of Democracy, Human Rights, and Labor, assist in exercising
oversight authority and coordinate with the Bureau to ensure
that funds are appropriately used and comply with anti-
corruption practices.''.
SEC. 102. OFFICE OF CITY AND STATE DIPLOMACY.
Section 1 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a) is amended--
(1) by redesignating the second subsection (h) as
subsection (k); and
(2) by adding at the end the following:
``(l) Office of City and State Diplomacy.--
``(1) In general.--There shall be established within the
Department of State an Office of City and State Diplomacy (in
this subsection referred to as the `Office'). The Department
may use a similar name at its discretion and upon notification
to Congress.
``(2) Head of office.--The head of the Office shall be the
Ambassador-at-Large for City and State Diplomacy (in this
subsection referred to as the `Ambassador') or other
appropriate senior official of the Department. The head of the
Office shall--
``(A) be appointed by the President, by and with
the advice and consent of the Senate; and
``(B) report directly to the Secretary, or such
other senior official as the Secretary determines
appropriate and upon notification to Congress.
``(3) Duties.--
``(A) Principal duty.--The principal duty of the
head of the Office shall be the overall coordination
(including policy oversight of resources) of Federal
support for subnational engagements by State and
municipal governments with foreign governments. The
head of the Office shall be the principal adviser to
the Secretary of State on subnational engagements and
the principal official on such matters within the
senior management of the Department of State.
``(B) Additional duties.--The additional duties of
the head of the Office shall include the following:
``(i) Coordinating overall United States
policy and programs in support of subnational
engagements by State and municipal governments
with foreign governments, including with
respect to the following:
``(I) Coordinating resources across
the Department of State and throughout
the Federal Government in support of
such engagements.
``(II) Identifying policy, program,
and funding discrepancies among
relevant Federal agencies regarding
such coordination.
``(III) Identifying gaps in Federal
support for such engagements and
developing corresponding policy or
programmatic changes to address such
gaps.
``(ii) Identifying areas of alignment
between United States foreign policy and State
and municipal goals.
``(iii) Improving communication with the
American public, including, potentially,
communication that demonstrate the breadth of
international engagement by subnational actors
and the impact of diplomacy across the United
States.
``(iv) Providing advisory support to
subnational engagements, including by assisting
State and municipal governments regarding--
``(I) developing and implementing
global engagement and public diplomacy
strategies;
``(II) implementing programs to
cooperate with foreign governments on
policy priorities or managing shared
resources; and
``(III) understanding the
implications of foreign policy
developments or policy changes through
regular and extraordinary briefings.
``(v) Facilitating linkages and networks
among State and municipal governments, and
between State and municipal governments and
their foreign counterparts, including by
tracking subnational engagements and leveraging
State and municipal expertise.
``(vi) Supporting the work of Department of
State detailees assigned to State and municipal
governments pursuant to this subsection.
``(vii) Under the direction of the
Secretary, negotiating agreements and memoranda
of understanding with foreign governments
related to subnational engagements and
priorities.
``(viii) Supporting United States economic
interests through subnational engagements, in
consultation and coordination with the
Department of Commerce, the Department of the
Treasury, and the Office of the United States
Trade Representative.
``(ix) Coordinating subnational engagements
with the associations of subnational elected
leaders, including the United States Conference
of Mayors, National Governors Association,
National League of Cities, National Association
of Counties, Council of State Governments,
National Conference of State Legislators, and
State International Development Organizations.
``(4) Coordination.--With respect to matters involving
trade promotion and inward investment facilitation, the Office
shall coordinate with and support the International Trade
Administration of the Department of Commerce as the lead
Federal agency for trade promotion and facilitation of business
investment in the United States.
``(5) Detailees.--
``(A) In general.--The Secretary of State, with
respect to employees of the Department of State, is
authorized to detail a member of the Civil Service or
Foreign Service to State and municipal governments on a
reimbursable or nonreimbursable basis. Such details
shall be for a period not to exceed two years, and
shall be without interruption or loss of status or
privilege.
``(B) Responsibilities.--Detailees under
subparagraph (A) should carry out the following:
``(i) Supporting the mission and objectives
of the host subnational government office.
``(ii) Advising State and municipal
government officials regarding questions of
global affairs, foreign policy, cooperative
agreements, and public diplomacy.
``(iii) Coordinating activities relating to
State and municipal government subnational
engagements with the Department of State,
including the Office, Department leadership,
and regional and functional bureaus of the
Department, as appropriate.
``(iv) Engaging Federal agencies regarding
security, public health, trade promotion, and
other programs executed at the State or
municipal government level.
``(v) Any other duties requested by State
and municipal governments and approved by the
Office.
``(C) Additional personnel support for subnational
engagement.--For the purposes of this subsection, the
Secretary of State--
``(i) is authorized to employ by contract
the temporary or intermittent services of
experts or consultants under the authority of
section 3109 of title 5, United States Code;
``(ii) is encouraged to make use of the re-
hired annuitants authority under section 3323
of title 5, United States Code, particularly
for annuitants who are already residing in the
United States who may have the skills and
experience to support subnational governments;
and
``(iii) is encouraged to make use of
authorities under the Intergovernmental
Personnel Act of 1970 (42 U.S.C. 4701 et seq.)
to temporarily assign State and local
government officials to the Department of State
or overseas missions to increase their
international experience and add their
perspectives on United States priorities to the
Department.
``(6) Report and briefing.--
``(A) Report.--Not later than one year after the
date of the enactment of this subsection, the head of
the Office shall submit to the appropriate
congressional committees a report that includes
information relating to the following:
``(i) The staffing plan (including
permanent and temporary staff) for the Office
and a justification for the location of the
Office within the Department of State's
organizational structure.
``(ii) The funding level provided for the
Office, together with a justification relating
to such level.
``(iii) The rank and title granted to the
head of the Office, together with a
justification relating to such decision and an
analysis of whether the rank and title of
Ambassador-at-Large is required to fulfill the
duties of the Office.
``(iv) A strategic plan for the Office,
including relating to--
``(I) leveraging subnational
engagement to improve United States
foreign policy effectiveness;
``(II) enhancing the awareness,
understanding, and involvement of
United States citizens in the foreign
policy process; and
``(III) better engaging with
foreign subnational governments to
strengthen diplomacy.
``(v) Any other matters as determined
relevant by the head of the Office.
``(B) Briefings.--Not later than 30 days after the
submission of the report required under subparagraph
(A) and annually thereafter, the head of the Office
shall brief the appropriate congressional committees on
the work of the Office and any changes made to the
organizational structure or funding of the Office.
``(7) Rule of construction.--Nothing in this subsection may
be construed as precluding--
``(A) the Office from being elevated to a bureau
within the Department of State; or
``(B) the head of the Office from being elevated to
an Assistant Secretary, if such an Assistant Secretary
position does not increase the number of Assistant
Secretary positions at the Department above the number
authorized under subsection (c)(1).
``(8) Definitions.--In this subsection:
``(A) Appropriate congressional committees.--The
term `appropriate congressional committees' means--
``(i) the Committee on Foreign Affairs and
the Committee on Appropriations of the House of
Representatives; and
``(ii) the Committee on Foreign Relations
and the Committee on Appropriations of the
Senate.
``(B) Municipal.--The term `municipal' means, with
respect to the government of a municipality in the
United States, a municipality with a population of not
fewer than 100,000 people.
``(C) State.--The term `State' means the 50 States,
the District of Columbia, and any territory or
possession of the United States.
``(D) Subnational engagement.--The term
`subnational engagement' means formal meetings or
events between elected officials of State or municipal
governments and their foreign counterparts.''.
SEC. 103. CONGRESSIONAL NOTIFICATION FOR REWARDS PAID USING
CRYPTOCURRENCIES.
(a) In General.--Section 36(e)(6) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2708(e)(6)) is amended by adding at
the end the following: ``Not later than 15 days before making a reward
in a form that includes cryptocurrency, the Secretary of State shall
notify the appropriate congressional committees and the Committees on
Appropriations of the House of Representatives and the Senate of such
form for the reward.''.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a report on the use of cryptocurrency as a
part of the Department of State Rewards program established under
section 36(a) of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2708(a)) that--
(1) justifies any determination of the Secretary to make
rewards under such program in a form that includes
cryptocurrency;
(2) lists each cryptocurrency payment made under such
program as of the date of the submission of the report;
(3) provides evidence of the manner and extent to which
cryptocurrency payments would be more likely to induce
whistleblowers to come forward with information than rewards
paid out in United States dollars or other forms of money or
nonmonetary items; and
(4) examines whether the Department's use of cryptocurrency
could provide bad actors with additional hard-to-trace funds
that could be used for criminal or illicit purposes.
SEC. 104. APPOINTMENT OF DIRECTOR OF DIGITAL CURRENCY SECURITY.
(a) Appointment.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall appoint a Director of
Digital Currency Security in the Office of Economic Sanctions Policy
and Implementation of the Department.
(b) Duties.--The Director appointed pursuant to subsection (a)
shall be responsible for the following:
(1) Reviewing and analyzing the manner and extent to which
digital currencies are impacting the United States sanctions
regime.
(2) Assisting in the development of sanctions policy and
implementation that is resilient to the use of digital
currencies by malevolent actors.
(3) Coordinating with the Office of Foreign Assets Control
and the Financial Crime Enforcement Network of the Department
of the Treasury, as appropriate, to share information and
develop best practices.
(4) Engaging with private sector actors to broaden
understanding of the digital currency ecosystem, further
comprehend economic costs and benefits, and encourage
coordination and partnership in isolating bad actors.
SEC. 105. DIPLOMATIC RECEPTION ROOMS.
(a) In General.--The Secretary is authorized to sell goods and
services and to use the proceeds of such sales for administration and
related support of the reception areas of the Department consistent
with section 41(a) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2713(a)).
(b) Deposit of Amounts.--Amounts from the proceeds of any sales
described in subsection (a)--
(1) may be deposited into an account in the Treasury; and
(2) are authorized to remain available until expended.
SEC. 106. NATIONAL MUSEUM OF AMERICAN DIPLOMACY.
Title I of the State Department Basic Authorities Act of 1956 is
amended by adding after section 63 (22 U.S.C. 2735) the following:
``SEC. 64. NATIONAL MUSEUM OF AMERICAN DIPLOMACY.
``(a) Activities.--
``(1) Support authorized.--The Secretary of State is
authorized to provide, by contract, grant, or otherwise, for
the performance of appropriate museum visitor and educational
outreach services and related events, including organizing
programs and conference activities, museum shop services and
food services in the public exhibition and related space
utilized by the National Museum of American Diplomacy.
``(2) Recovery of costs.--The Secretary of State is
authorized to recover any revenues generated under the
authority of paragraph (1) for visitor and educational outreach
services and related events referred to in such paragraph,
including fees for use of facilities at the National Museum for
American Diplomacy. Any such revenues may be retained as a
recovery of the costs of operating the museum.
``(b) Disposition of Documents, Artifacts, and Other Articles.--
``(1) Property.--All historic documents, artifacts, or
other articles permanently acquired by the Department of State
and determined by the Secretary of State to be suitable for
display by the National Museum of American Diplomacy shall be
considered to be the property of the United States Government
and shall be subject to disposition solely in accordance with
this subsection.
``(2) Sale, trade, or transfer.--Whenever the Secretary of
State makes a determination described in paragraph (3) with
respect to a document, artifact, or other article under
paragraph (1), the Secretary may sell at fair market value,
trade, or transfer such document, artifact, or other article
without regard to the requirements of subtitle I of title 40,
United States Code. The proceeds of any such sale may be used
solely for the advancement of the mission of the National
Museum of American Diplomacy and may not be used for any
purpose other than the acquisition and direct care of the
collections of the Museum.
``(3) Determinations prior to sale, trade, or transfer.--
The determination described in this paragraph with respect to a
document, artifact, or other article under paragraph (1), is a
determination that--
``(A) the document, artifact, or other article no
longer serves to further the purposes of the National
Museum of American Diplomacy as set forth in the
collections management policy of the Museum;
``(B) the sale, trade, or transfer of the document,
artifact, or other article would serve to maintain the
standards of the collection of the Museum; or
``(C) the sale, trade, or transfer of the document,
artifact, or other article would be in the best
interests of the United States.
``(4) Loans.--In addition to the authorization under
paragraph (2) relating to the sale, trade, or transfer of
documents, artifacts, or other articles under paragraph (1),
the Secretary of State may loan the documents, artifacts, or
other articles, when not needed for use or display by the
National Museum of American Diplomacy, to the Smithsonian
Institution or a similar institution for repair, study, or
exhibition.''.
SEC. 107. 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 substituting ``September 30, 2023'' for
``September 30, 2010''.
SEC. 108. ENSURING GEOGRAPHIC DIVERSITY AND ACCESSIBILITY OF PASSPORT
AGENCIES.
(a) 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.
(b) Review.--The Secretary shall conduct a review of the geographic
diversity and accessibility of existing passport agencies to identify--
(1) the geographic areas in the United States that are
farther than 6 hours' driving distance from the nearest
passport agency;
(2) the per capita demand for passport services in the
areas described in paragraph (1); and
(3) 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.
(c) 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.
(d) 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. 109. STUDY AND REPORT ON PASSPORT MODERNIZATION OPPORTUNITIES.
(a) Study.--
(1) In general.--The Secretary shall conduct a study on
additional opportunities to leverage world-class information
technologies to modernize and streamline the Department's
passport issuance process.
(2) Elements.--The study required by paragraph (1) shall
include the following:
(A) An assessment how each progress point in the
passport issuance process contributes to passport
processing times.
(B) An assessment of whether the passport issuance
process contains procedural, staffing, or paperwork
redundancies.
(C) An evaluation of the importance of in-person
aspects of the passport issuance process in order to
determine whether such aspects can be replaced by
secure digital processes, including the potential for
automation of such processes.
(D) Concrete proposals for how to leverage the
private sector to further digitize the passport
issuance process.
(E) An evaluation of the online passport renewal
pilot program, including discussion of any glitches or
problems encountered, as well as plans regarding the
full-scale implementation of the pilot program.
(3) Private sector consultation.--The Secretary shall
consult with relevant actors in the private sector with respect
to the matters described in subparagraphs (C) and (D) of
subsection (b) and take into consideration any recommendations
of such relevant actors in conducting the study required by
paragraph (1).
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit to the appropriate congressional
committees a report that contains the results of the study required by
subsection (a).
SEC. 110. OFFICE OF GLOBAL CRIMINAL JUSTICE.
(a) In General.--There should be established within the Department
an Office of Global Criminal Justice (referred to in this section as
the ``Office'') which may be placed within the organizational structure
of the Department at the discretion of the Secretary.
(b) Duties.--The Office should carry out the following:
(1) Advise the Secretary and other relevant senior
officials on issues related to atrocities, including war
crimes, crimes against humanity, and genocide.
(2) Assist in formulating United States policy on the
prevention of, responses to, and accountability for atrocities.
(3) Coordinate, as appropriate and with other relevant
Federal departments and agencies, United States Government
positions relating to the international and hybrid courts
currently prosecuting persons suspected of atrocities.
(4) Work with other governments, international
organizations, and nongovernmental organizations, as
appropriate, to establish and assist international and domestic
commissions of inquiry, fact-finding missions, and tribunals to
investigate, document, and prosecute atrocities.
(5) Coordinate, as appropriate and with other relevant
Federal departments and agencies, the deployment of diplomatic,
legal, economic, military, and other tools to help collect
evidence of atrocities, judge those responsible, protect and
assist victims, enable reconciliation, prevent and deter
atrocities, and promote the rule of law.
(6) Provide advice and expertise on transitional justice
mechanisms to United States personnel operating in conflict and
post-conflict environments.
(7) Act as a point of contact for international, hybrid,
and domestic tribunals exercising jurisdiction over atrocities.
(8) Represent the Department on any interagency whole-of-
government coordinating entities addressing genocide and other
atrocities.
(9) Perform any additional duties and exercise such powers
as the Secretary may prescribe.
(c) Supervision.--If established, the Office shall be led by an
Ambassador-at-Large for Global Criminal Justice who is nominated by the
President and appointed by and with the advice and consent of the
Senate.
SEC. 111. EXPANDED AUTHORITY FOR TRANSFERS TO REWARDS PROGRAMS
EXPENSES.
Amounts transferred pursuant to the eleventh proviso under the
heading ``Diplomatic and Consular Programs'' in title I of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2008 (division J of Public Law 110-161) are
authorized to also be made available for expenses related to rewards
programs.
SEC. 112. AUTHORIZING SUPPORT FOR WRONGFULLY DETAINED UNITED STATES
NATIONALS AND THEIR FAMILY MEMBERS.
(a) In General.--Notwithstanding any other provision of law (other
than section 302 of the Robert Levinson Hostage Recovery and Hostage-
Taking Accountability Act (22 U.S.C. 1741)), the Secretary is
authorized to provide, for such period as the Secretary considers
reasonable, support for United States nationals detained abroad if the
Secretary has determined that there is credible information that their
detention is unlawful or wrongful, consistent with section 302(a) of
the Robert Levinson Hostage Recovery and Hostage-Taking Accountability
Act (22 U.S.C. 1741(a)), following their return, as well as support for
family members of such individuals, particularly for--
(1) medical, mental health, and other appropriate support
for such United States nationals following their return; and
(2) appropriate support, including travel expenses, for
family members of such United States nationals during their
unlawful or wrongful detention and following their return,
including for counseling, updates, and other information
related to their unlawful or wrongful detention and for family
reunification.
(b) United States National Defined.--In this section, the term
``United States national'' has the meaning given that term in section
307(2) of the Robert Levinson Hostage Recovery and Hostage-Taking
Accountability Act (22 U.S.C. 1741e(2)).
SEC. 113. 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--
(1) in subsection (a), by inserting ``, as expeditiously as
possible,'' after ``review''; and
(2) 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 Envoy for Hostage
Affairs; and
``(B) not later than 14 days after such
determination, notify the Committee on Foreign
Relations of the Senate and the Committee on Foreign
Affairs 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 and summary described in
paragraph (1)(B) may be submitted in classified form.''.
SEC. 114. 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. 115. REWARDS FOR JUSTICE.
Section 36(b) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2708(b)) is amended--
(1) in paragraph (4), by striking ``or (10);'' and
inserting ``(10), or (14);'';
(2) in paragraph (12), by striking ``or'' at the end;
(3) in paragraph (13), by striking the period at the end
and inserting ``; or''; and
(4) 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. 116. PROVISION OF PARKING SERVICES AND RETENTION OF PARKING FEES.
The Secretary--
(1) may provide parking services, including electric
vehicle charging and other parking services, in facilities
operated by or for the Department; and
(2) is authorized to charge such fees for such services as
may be necessary to cover the costs of providing the services,
which shall be credited to an appropriate account of the
Department.
SEC. 117. MODERNIZING THE BUREAU OF ARMS CONTROL, VERIFICATION, AND
COMPLIANCE AND THE BUREAU OF INTERNATIONAL SECURITY AND
NONPROLIFERATION.
It is the sense of Congress that--
(1) 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;
(2) the Secretary should take steps to address staffing
shortfalls in the Bureau of Arms Control, Verification, and
Compliance and in the Bureau of International Security and
Nonproliferation with respect to the chemical, biological, and
nuclear weapons issue areas; and
(3) 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.
TITLE II--EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
SEC. 201. EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE.
There is authorized to be appropriated $902,615,000 for the
``Embassy Security, Construction, and Maintenance'' account of the
Department for fiscal year 2023.
SEC. 202. AMENDMENTS TO SECURE EMBASSY CONSTRUCTION AND
COUNTERTERRORISM ACT OF 1999.
Section 606(a) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865(a)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), 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
(B) in subparagraph (B)--
(i) in 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, determines that it is in the national
interest of the United States, after taking
account any considerations that the Secretary,
in the Secretary's discretion, determines to be
relevant, which may include considerations
relating to security.''; and
(ii) in clause (ii), by striking ``Chancery
or consulate building'' and all that follows
through ``Not less than 15 days'' and inserting
``Chancery or consulate building.--Not less
than 15 days''; and
(2) in paragraph (3)--
(A) in subparagraph (A)--
(i) by striking ``Each'' and inserting the
following:
``(i) In general.--Each''; and
(ii) by adding at the end the following:
``(ii) Alternative engineering equivalency
standard requirement.--Each facility referred
to in clause (i) may, instead of meeting the
numerical perimeter distance setback
requirement described in such clause, meet such
other criteria as the Secretary is authorized
to require to achieve an equivalent engineering
standard of security and degree of protection
as the numerical perimeter distance setback
requirement in such clause seeks to achieve.'';
and
(B) in subparagraph (B)--
(i) in clause (i) to read as follows:
``(i) In general.--Subject to clause (ii),
the Secretary of State may waive subparagraph
(A) if the Secretary determines that it is in
the national interest of the United States,
after taking account any considerations that
the Secretary, in the Secretary's discretion,
determines to be relevant, which may include
considerations relating to security.''; and
(ii) in clause (ii), by striking ``Chancery
or consulate building'' and all that follows
through ``Not less than 15 days'' and inserting
``Chancery or consulate building.--Not less
than 15 days''.
SEC. 203. INCREASING THE MAXIMUM ANNUAL LEASE PAYMENT AVAILABLE WITHOUT
APPROVAL BY SECRETARY OF STATE.
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. 204. DIPLOMATIC SUPPORT AND SECURITY.
(a) Short Title.--This section may be cited as the ``Diplomatic
Support and Security Act of 2022''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) it is a United States national security priority that
United States Government mission personnel are able to fully
execute their duties, including--
(A) providing United States citizen services that
are often a matter of life and death in insecure
places;
(B) meeting with foreign officials, including
government and nongovernment, civil society, private
sector, and members of the press, to advance United
States national security priorities; and
(C) understanding, engaging, and reporting on
foreign political, social, and economic conditions;
(2) a risk-averse environment that inhibits the execution
of these fundamental duties undermines the national security
interests of the United States and contributes to the further
militarization of United States foreign policy as military and
intelligence agencies may experience fewer security
restrictions and greater risk tolerance in the wake of security
incidents; and
(3) Congress has a role to play in addressing the
challenges of managing risk to the Department and United States
Agency for International Development personnel and facilities
and helping to balance security and safety concerns with the
need for flexibility to carry out their most important duties.
(c) Encouraging Expeditionary Diplomacy.--
(1) Purpose.--Subsection (b) of section 102 of the
Diplomatic Security Act (22 U.S.C. 4801(b)) is amended--
(A) 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, authorize the
Secretary of State to investigate and pursue accountability for
United States Government personnel with security-related
responsibilities;'';
(B) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively; and
(C) by inserting after paragraph (3) (as amended)
the following:
``(4) to support effective risk management strategies and
practices that enables the Department of State to pursue its
vital goals;''.
(2) Briefings on embassy security.--Paragraph (1) of
section 105(a) of the Diplomatic Security Act (22 U.S.C.
4804(a)) is amended--
(A) in the matter preceding subparagraph (A), by
striking ``any plans to open or reopen a high risk,
high threat post'' and inserting ``progress towards
opening or reopening high risk, high threat posts, and
the risk to national security of the continued closure
or suspension of operations and remaining barriers to
doing so'';
(B) in subparagraph (A), by striking ``the type and
level of security threats such post could encounter''
and inserting ``the risk to United States foreign
policy interests and national security of the post's
continued closure or suspension of operations as well
as the risks and threats official United States
personnel could encounter at such post''; and
(C) in subparagraph (C), by inserting ``the type
and level of security threats such post could
encounter, and'' before ``security `tripwires'''.
(d) Investigation of Serious Security Incidents.--
(1) In general.--Section 301 of the Diplomatic Security Act
(22 U.S.C. 4831) is amended--
(A) in the section heading, by striking the heading
and inserting ``investigation of serious security
incidents'';
(B) in subsection (a)--
(i) by amending paragraph (1) to read as
follows:
``(1) Convening the serious security incident investigation
permanent coordinating committee process.--
``(A) In general.--In any case of an incident
involving loss of life, serious injury, or significant
destruction of property at, or related to, a United
States Government (USG) mission abroad, and in any case
of a serious breach of security involving intelligence
activities of a foreign government directed at a USG
mission abroad, an investigation, to be referred to as
a `Serious Security Incident Investigation' or `SSII',
into such incident shall be convened by the Secretary
of State and a report produced for the Secretary of
State providing a full account of such incident,
including--
``(i) whether security provisions pertinent
to such incident were in place and functioning;
``(ii) whether any malfeasance or breach of
duty took place that materially contributed to
the outcome of such incident; and
``(iii) any recommendations of relevant
security improvements or follow-up measures.
``(B) Exception.--Subparagraph (A) does not apply--
``(i) if the Secretary determines that the
incident clearly involves only causes unrelated
to security, such as if the security at issue
is outside of the scope of the Secretary of
State's security responsibility as defined in
section 103 of the Omnibus Diplomatic Security
and Antiterrorism Act of 1986 (22 U.S.C.
4802(a));
``(ii) in a case involving an incident
where operational control of overseas security
functions has been delegated to another agency
consistent with section 106 of the Omnibus
Diplomatic Security and Antiterrorism Act of
1986 (22 U.S.C. 4805(a)); or
``(iii) in a case involving a cyber
security incident which may be covered by other
review mechanisms.'';
(ii) in paragraph (2), by striking
``Board'' and inserting ``Serious Security
Incident Investigation''; and
(iii) in paragraph (3)(A)--
(I) in the heading, by striking
``Board'' and inserting
``Investigation'';
(II) matter preceding clause (i),
by striking ``Board'' and inserting
``Serious Security Incident
Investigation''; and
(III) in clause (ii), by striking
``2022'' and inserting ``2025'';
(C) in subsection (b)--
(i) in paragraph (1)--
(I) by striking ``Except as'' and
all that follows through ``convene a
Board'' and inserting ``The Secretary
of State shall conduct a Serious
Security Incident Investigation not
later than 60 days after the occurrence
of an incident described in subsection
(a)(1), or 60 days after the Department
of State first becomes aware of such an
incident, whichever is earlier, except
that such 60-day period for convening
an SSII may be extended for one
additional 60-day period if the
Secretary determines that the
additional period is necessary, conduct
an SSII of the incident under
subsection (a), and establish a
subsequent process with respect to the
incident under section 302 to be
carried out by the Serious Security
Incident Investigation Permanent
Coordinating Committee (SSII/PCC)
established pursuant to such section'';
and
(II) by striking ``for the
convening of the Board''; and
(ii) in paragraph (2), by striking
``Board'' each place it appears and inserting
``SSII/PCC''; and
(D) in subsection (c)--
(i) in the matter preceding paragraph (1)--
(I) by striking ``Board'' the first
place such term appears and inserting
``SSII and begins the SSII/PCC
process'';
(II) by striking ``chairman'' and
inserting ``chair and ranking member'';
and
(III) by inserting after ``Senate''
the following: ``, the chair and
ranking member of the Committee on
Foreign Affairs of the House of
Representatives, and''; and
(ii) by striking ``Board'' each place it
appears and inserting ``SSII/PCC process''.
(2) Clerical amendment.--The table of contents in section 2
of the Omnibus Diplomatic Security and Antiterrorism Act of
1986 is amended by striking the item relating to section 301
and inserting the following new item:
``Sec. 301. Investigation of serious security incidents.''.
(e) Serious Security Incident Investigation Permanent Coordinating
Committee.--
(1) In general.--Section 302 of the Diplomatic Security Act
of 1986 (22 U.S.C. 4832) is amended to read as follows:
``SEC. 302. SERIOUS SECURITY INCIDENT INVESTIGATION PERMANENT
COORDINATING COMMITTEE.
``(a) Bureau of Diplomatic Security Responsibility for
Investigation.--The Diplomatic Security Service of the Bureau of
Diplomatic Security of the Department of State shall, at the direction
of the Secretary of State, be responsible for conducting an appropriate
investigation of an incident that is reasonably likely to involve loss
of life, serious injury, or significant destruction of property at, or
related to, a USG mission abroad that may be determined to be a serious
security incident under section 301(a) and providing investigative
personnel and other resources as may be necessary. The results of every
investigation of all such incidents shall be referred to the Serious
Security Incident Investigation Permanent Coordinating Committee
established and convened pursuant to subsection (b) for final
assessments regarding whether such incidents are serious security
incidents.
``(b) Serious Security Incident Investigation Permanent
Coordinating Committee.--
``(1) In general.--The Secretary of State shall establish
and convene a committee, referred to as a `Serious Security
Incident Investigation Permanent Coordinating Committee' (in
this title referred to as the `SSII/PCC'), to review each
incident described in subsection (a) to determine, in
accordance with section 304, if each such incident is a serious
security incident. The SSII/PCC shall review the Report of
Investigation prepared under section 303(c) and any other
available reporting and evidence, including video recordings,
and shall prepare the SSII/PCC Report under section 304(b).
``(2) Composition.--The SSII/PCC shall be composed
primarily of Assistant Secretary-level personnel or their
designated representatives in the Department of State, and
shall at a minimum include the following personnel:
``(A) A representative of the Under Secretary of
State for Management, who shall serve as chair of the
SSII/PCC.
``(B) The Assistant Secretary or designated
representative responsible for the region in which the
serious security incident occurred.
``(C) The Assistant Secretary or designated
representative for Diplomatic Security.
``(D) The Assistant Secretary or designated
representative for the Bureau of Intelligence and
Research.
``(E) An Assistant Secretary-level or designated
representative from any involved United States
Government department or agency.
``(F) Other personnel as determined necessary or
appropriate.
``(c) Definition.--In this section, the term `designated
representative' means an official of the Department of State with a
rank and status not lower than a Deputy Assistant Secretary-level or
equivalent relevant to the office in which the Assistant Secretary
referred to in paragraph (2) is a part and who is acting on behalf of
the Assistant Secretary and with respect to whom the Assistant
Secretary is responsible for the conduct and actions during the
investigation process.''.
(2) Clerical amendment.--The table of contents in section 2
of the Omnibus Diplomatic Security and Antiterrorism Act of
1986 is amended by striking the item relating to section 302
and inserting the following new item:
``Sec. 302. Serious Security Incident Investigation Permanent
Coordinating Committee.''.
(f) Serious Security Incident Investigation Process.--
(1) In general.--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.--The Serious Security Incident
Investigation process shall commence when a United States
Government (USG) mission reports to the Secretary of State
information relating to an incident involving loss of life,
serious injury, or significant destruction of property at, or
related to, a USG mission abroad, including detailed
information about such incident, not later than 72 hours after
the occurrence of such incident, if feasible.
``(2) Investigation.--The Diplomatic Security Service of
the Bureau of Diplomatic Security of the Department of State
shall assemble an investigative team to carry out the
investigation of an incident reported under paragraph (1). The
investigation shall cover the following matters with respect to
such incident:
``(A) An assessment of what occurred, an
identification, if known, of the perpetrator suspected
of having carried out the incident, and whether
applicable security procedures were followed.
``(B) If the incident involved a USG mission
abroad, an assessment regarding whether security
systems, security countermeasures, and security
procedures operated as intended.
``(C) If such incident involved an individual under
chief of mission security responsibility conducting
approved operations or movements outside a USG mission,
an assessment regarding whether proper security
briefings and procedures were in place and whether
security systems, security countermeasures, and
security procedures operated as intended, and whether
such systems, countermeasures, and procedures worked to
materially mitigate such attack or were inadequate to
mitigate any threat associated with such incident.
``(D) An assessment of whether any officials' or
employees' failure to follow procedures or perform
their duties contributed to such incident.
``(b) Referral and Recommendation.--The investigative team
assembled pursuant to subsection (a)(2) or otherwise shall--
``(1) in accordance with section 302(a), refer to the SSII/
PCC the results, including the Report of Investigation under
subsection (c), of each investigation carried out under
subsection (a); and
``(2) make a recommendation to the SSII/PCC, based upon
each such investigation, regarding whether the incident that is
the subject of each such investigation should be determined to
be a serious security incident.
``(c) Report of Investigation.--At the conclusion of a Serious
Security Incident Investigation under subsection (a), the investigative
team shall prepare a Report of Investigation and submit such Report to
the SSII/PCC. Such Report shall include the following elements:
``(1) A detailed description of the matters set forth in
subparagraphs (A) through (D) of subsection (a)(2), including
all related findings.
``(2) An accurate account of the casualties, injuries, and
damage resulting from the incident that is the subject of the
investigation.
``(3) A review of security procedures and directives in
place at the time of such incident.
``(4) A recommendation, pursuant to subsection (b)(2),
regarding whether such incident should be determined to be a
serious security incident.
``(d) Confidentiality.--The investigative team 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 on 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 of Investigation under subsection (b).
The SSII/PCC shall determine the level of classification of the final
report prepared under section 304(b), but shall incorporate in such
report, to the maximum extent practicable, the confidentiality measures
referred to in this subsection.
``(e) Official or Employee Defined.--In this section and section
304, the term `official or employee' means--
``(1) an employee, as such term is defined in section 2105
of title 5, United States Code, including a member of the
Foreign Service;
``(2) a member of the uniformed services, as such term is
defined in section 101(3) of title 37, United States Code;
``(3) an employee of an instrumentality of the United
States; or
``(4) an individual employed by any person or entity under
contract with agencies or instrumentalities of the United
States Government to provide services, equipment, or
personnel.''.
(2) Clerical amendment.--The table of contents in section 2
of the Omnibus Diplomatic Security and Antiterrorism Act of
1986 is amended by striking the item relating to section 303
and inserting the following new item:
``Sec. 303. Serious Security Incident Investigation process.''.
(g) Findings and Recommendations of the Serious Security Incident
Investigation Permanent Coordinating Committee.--
(1) In general.--Section 304 of the Diplomatic Security Act
(22 U.S.C. 4834) is amended to read as follows:
``SEC. 304. SERIOUS SECURITY INCIDENT INVESTIGATION PERMANENT
COORDINATING COMMITTEE FINDINGS AND REPORT.
``(a) In General.--The SSII/PCC shall review the Report of
Investigation prepared pursuant to section 303(c), all other evidence,
reporting, and relevant information relating to an incident involving
loss of life, serious injury, or significant destruction of property
at, or related to, a United States Government (USG) mission abroad,
including an examination of the facts and circumstances surrounding any
serious injuries, loss of life, or significant destruction of property
resulting from such incident and shall make the following written
findings and final determinations:
``(1) Whether such incident was security related and is
determined to be a serious security incident.
``(2) If such incident involved a USG mission abroad,
whether the security systems, security countermeasures, and
security procedures operated as intended, and whether such
systems, countermeasures, and procedures worked to materially
mitigate such attack or were inadequate to mitigate any threat
associated with such attack.
``(3) If such incident involved an individual under chief
of mission security responsibility conducting an approved
operation outside a USG mission, an assessment regarding
whether a valid process was followed in evaluating such
operation for approval and weighing any risks associated with
such operation, except that such a determination shall not seek
to assign accountability for such incident unless the SSII/PCC
determines a breach of duty has occurred.
``(4) An assessment of the impact of intelligence and
information availability relating to such incident, and whether
the USG mission was aware of the general operating threat
environment or any more specific threat intelligence or
information and the extent to which such was taken into account
in ongoing and specific operations.
``(5) Such other facts and circumstances that may be
relevant to the appropriate security management of USG missions
abroad.
``(b) SSII/PCC Report.--Not later than 60 days after receiving the
Report of Investigation prepared under section 303(b), the SSII/PCC
shall submit to the Secretary of State a SSII/PCC Report on the
incident at issue, including the assessment under subsection (a) and
any related recommendations related to preventing and responding to
similar such incidents, except that the Secretary of State may extend
such period for one additional 60-day period when necessary for the
completion of the Report. Not later than 90 days after receiving such
SSII/PCC Report, the Secretary of State shall submit such SSII/PCC
Report to the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives. Such
SSII/PCC Report shall be submitted in unclassified form, but may
include a classified annex.
``(c) Personnel Recommendations.--If in the course of conducting an
investigation under section 303, the investigative team finds
reasonable cause to be concerned that any official or employee has
breached the duty of such official or employee, or finds lesser
failures on the part of an official or employee in the performance of
his or her duties related to the serious security incident at issue,
the investigative team shall report such to the SSII/PCC. If the SSII/
PCC finds reasonable cause to support a finding relating to such a
breach or failure, the SSII/PCC shall--
``(1) notify the official or employee concerned;
``(2) if such official or employee is employed by the
Department of State, transmit to the Secretary of State for
appropriate action such finding, together with all information
relevant to such finding; or
``(3) if such official or employee is employed by a Federal
agency other than the Department of State, transmit to the head
of such Federal agency for appropriate action such finding,
together with all information relevant to such finding.''.
(2) Clerical amendment.--The table of contents in section 2
of the Omnibus Diplomatic Security and Antiterrorism Act of
1986 is amended by striking the item relating to section 304
and inserting the following new item:
``Sec. 304. Serious Security Incident Investigation Permanent
Coordinating Committee findings and
report.''.
(h) Relation to Other Proceedings.--Section 305 of the Diplomatic
Security Act of 1986 (22 U.S.C. 4835) is amended--
(1) by striking ``Nothing in this title shall'' and
inserting the following:
``(a) No Effect on Existing Remedies or Defenses.--Nothing in this
title may''; and
(2) by adding at the end of the following new subsection:
``(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 serious security incident if such
incident was of such magnitude or significance that an internal process
is determined to be insufficient to understand and investigate such
incident. All materials gathered during the procedures provided under
this title shall be provided to any such related board of inquiry
convened by the Secretary.''.
(i) 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 to the appropriate
congressional committees a strategy to train and educate Foreign
Service personnel on appropriate risk management practices when
conducting their duties in high risk, high threat environments. Such
strategy shall include the following elements:
(1) Plans to continue to develop and offer additional
training courses, or augment existing courses, for Foreign
Service officers 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, consular officers, and others.
(2) Plans to educate Senior Foreign Service personnel
serving abroad, including ambassadors, chiefs of mission,
deputy chiefs of missions, and regional security officers, on
appropriate risk management practices to employ when evaluating
requests for diplomatic operations in high risk, high threat
environments outside of diplomatic compounds.
(j) Sense of Congress Regarding Establishment of Expeditionary
Diplomacy Award.--It is the sense of Congress that the Secretary
should--
(1) encourage expeditionary diplomacy, proper risk
management practices, and regular and meaningful engagement
with civil society at the Department through the establishment
of an annual award to be known as the ``Expeditionary Diplomacy
Award'' that would be awarded to officers or employees of the
Department; and
(2) establish procedures for selecting recipients of such
award, including any financial terms associated with such
award.
(k) Promotion in the Foreign Service.--Section 603(b) of the
Foreign Service Act of 1980 (22 U.S.C. 4003(b)) is amended--
(1) in the matter preceding paragraph (1), by inserting
after ``as the case may be,'' the following: ``and when
occupying positions for which the following is, to any degree,
an element of the member's duties,'';
(2) in paragraph (1)--
(A) by striking ``when occupying positions for
which such willingness and ability is, to any degree,
an element of the member's duties''; and
(B) by striking ``, or'' and inserting a semicolon;
(3) in paragraph (2), by striking the period and inserting
``; or'';
(4) by redesignating paragraph (2) (as so amended) as
paragraph (3);
(5) by inserting after paragraph (1) the following new
paragraph:
``(2) a willingness and ability to regularly and
meaningfully engage with civil society and other local actors
in-country;''; and
(6) by inserting after paragraph (3) (as so redesignated)
the following:
``(4) the ability to effectively manage and assess risk
associated with the conduct of diplomatic operations.''.
(l) Reporting Requirement.--Not later than 180 days after the date
of the enactment of this Act and for every 180 days thereafter for the
following two years, the Secretary shall submit to the appropriate
congressional committees a report on the Department's risk management
efforts, including information relating to progress in implementing
this section, subsection (b) of section 102 of the Diplomatic Security
Act (22 U.S.C. 4801), as amended by subsection (c) of this section, and
the following elements:
(1) Progress on encouraging and incentivizing appropriate
Foreign Service personnel to regularly and meaningfully engage
with civil society and other local actors in-country.
(2) Efforts to promote 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.
(3) Progress on efforts to incorporate the provisions of
this Act into the Foreign Affairs Manual regulations and
implement the Serious Security Incident Investigation Permanent
Coordinating Committee (SSII/PCC) established and convened
pursuant to section 302(b) of the Diplomatic Security Act (22
U.S.C. 4832), as amended by subsection (e), to more closely
align Department procedures with how other Federal departments
and agencies analyze, weigh, and manage risk.
(m) Implementation.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall identify and report to the
appropriate congressional committees which official of the Department,
with a rank not lower than Assistant Secretary or equivalent, will be
responsible for leading the implementation of this section and the
amendments made by this section.
TITLE III--PERSONNEL ISSUES
Subtitle A--Matters Relating to Employment
SEC. 301. PER DIEM ALLOWANCE AND LOCALITY PAY FOR NEWLY HIRED MEMBERS
OF THE FOREIGN SERVICE.
(a) Per Diem Allowance.--
(1) In general.--Notwithstanding any other provision of
law, and except as provided in paragraph (2), any newly hired
Foreign Service employee who is in initial orientation
training, or any other training expected to last less than six
months before transferring to the employee's first assignment,
in the Washington, DC, area shall, for the duration of such
training, receive a per diem allowance at the levels prescribed
under subchapter I of chapter 57 of title 5, United States
Code.
(2) Limitation on lodging expenses.--A newly hired Foreign
Service employee may not receive any lodging expenses under the
applicable per diem allowance pursuant to paragraph (1) if that
employee--
(A) has a permanent residence in the Washington,
DC, area (not including Government-supplied housing
during such orientation training or other training);
and
(B) does not vacate such residence during such
orientation training or other training.
(b) Locality Pay.--Any newly hired Foreign Service employee who is
enrolled in any training, following orientation training, that is
expected to exceed six months in the Washington, DC, area prior to
departing for their first assignment, shall, for the duration of such
training receive locality pay applicable to Washington, DC, under
section 5304 or 5304a of title 5, United States Code.
(c) Definitions.--In this section--
(1) the term ``per diem allowance'' has the meaning given
that term under section 5701 of title 5, United States Code;
and
(2) the term ``Washington, DC, area'' means the geographic
area within a 50 mile radius of the Washington Monument.
SEC. 302. REST, RECUPERATION, AND OVERSEAS OPERATIONS LEAVE.
(a) In General.--Subchapter II of chapter 63 of title 5, United
States Code, is amended by adding at the end the following new
sections:
``Sec. 6329e. Rest and recuperation leave
``(a) Definitions.--In this section--
``(1) the term `agency' means an Executive agency (as that
term is defined in section 105), but does not include the
Government Accountability Office;
``(2) the term `combat zone' means a geographic area
designated by an Executive order of the President as an area in
which the Armed Forces are engaging or have engaged in combat,
an area designated by law to be treated as a combat zone, or a
location the Department of Defense has certified for combat
zone tax benefits due to its direct support of military
operations;
``(3) the term `employee' has the meaning given that term
in section 6301;
``(4) the term `high risk, high threat post' has the
meaning given that term in section 104 of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C.
4803); and
``(5) the term `leave year' means the period beginning on
the first day of the first complete pay period in a calendar
year and ending on the day immediately before the first day of
the first complete pay period in the following calendar year.
``(b) Leave for Rest and Recuperation.--The head of an agency may
prescribe regulations to grant up to 20 days of paid leave, per leave
year, for the purposes of rest and recuperation to an employee of the
agency serving in a combat zone, any other high risk, high threat post,
or any other location presenting significant security or operational
challenges.
``(c) Discretionary Authority of Agency Head.--Use of the authority
under subsection (b) is at the sole and exclusive discretion of the
head of the agency concerned.
``(d) Records.--An agency shall record leave provided under this
section separately from leave authorized under any other provision of
law.
``Sec. 6329f. Overseas operations leave
``(a) Definitions.--In this section--
``(1) the term `agency' means an Executive agency (as that
term is defined in section 105), but does not include the
Government Accountability Office;
``(2) the term `employee' has the meaning given that term
in section 6301; and
``(3) the term `leave year' means the period beginning with
the first day of the first complete pay period in a calendar
year and ending with the day immediately before the first day
of the first complete pay period in the following calendar
year.
``(b) Leave for Overseas Operations.--The head of an agency may
prescribe regulations to grant up to 10 days of paid leave, per leave
year, to an employee of the agency serving abroad where the conduct of
business could pose potential security or safety related risks or would
be inconsistent with host-country practice. Such regulations may
provide that additional leave days may be granted during such leave
year if the head of the agency determines that to do so is necessary to
advance the national security or foreign policy interests of the United
States.
``(c) Discretionary Authority of Agency Head.--Use of the authority
under subsection (b) is at the sole and exclusive discretion of the
head of the agency concerned.
``(d) Records.--An agency shall record leave provided under this
section separately from leave authorized under any other provision of
law.''.
(b) Clerical Amendments.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
c the following new items:
``6329e. Rest and recuperation leave.
``6329f. Overseas operations leave''.
SEC. 303. DIGNITY FOR PEOPLE WITH DISABILITIES SERVING IN THE FOREIGN
SERVICE.
The Foreign Service Act of 1980 is amended--
(1) in paragraph (2) of section 101(b) (22 U.S.C. 3901(b)),
by striking ``handicapping condition'' and inserting
``disability'';
(2) in section 105 (22 U.S.C. 3905), by striking
``handicapping condition'' each place it appears and inserting
``disability'';
(3) in subparagraph (A) of section 1002(11) (22 U.S.C.
4102(11)), by striking ``handicapping condition'' and inserting
``disability''; and
(4) in paragraph (4) of section 1015(b) (22 U.S.C.
4115(b)), by striking ``handicapping condition'' and inserting
``disability''.
SEC. 304. 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. 305. ENHANCED REQUIREMENTS FOR THE DEPARTMENT OF STATE RELATING TO
TELEWORK-READY EMPLOYEES.
(a) In General.--The Secretary shall take such steps as may be
necessary to ensure that all covered personnel--
(1) if compensated for the costs of housing abroad through
a living quarters allowance, overseas housing allowance, or
other similar allowance, may use such allowance to cover the
cost of reliable internet access at such housing in the same
manner and to the same extent as any other utility;
(2) if provided housing at properties owned or leased by
the United States, are supplied with reliable internet access
at such property in the same manner and to the same extent as
any other utility; and
(3) are issued by the Department (or, if appropriate,
reimbursed by the Department in full for the costs of
purchasing) such equipment as may be necessary to be fully and
appropriately telework-ready, without regard to the affiliation
of any such employee, officer, or member in any specific bureau
or office of the Department in determining eligibility to
receive or obtain such equipment at the Department's expense.
(b) Reimbursement Requirement.--With respect to each employee
described in subsection (c)(2) for whom the Secretary provides
compensation, housing, or equipment in accordance with subsection (a),
the employing agency shall reimburse the Department for the costs of
such provision, through the International Cooperative Administrative
Support Services system.
(c) Covered Personnel.--For purposes of this section, the term
``covered personnel''--
(1) means employees and officers of the Department,
including members of the Foreign Service, who are serving at
overseas diplomatic or consular posts; and
(2) includes each other employee of the United States under
the authority of a chief of mission at an overseas diplomatic
or consular post.
SEC. 306. DEPARTMENT OF STATE STUDENT INTERNSHIP PROGRAM.
(a) In General.--The Secretary shall establish the Department of
State Student Internship Program (in this section referred to 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.
(b) Eligibility.--To be eligible to participate in the Program, an
applicant shall--
(1) be enrolled, not less than half-time, at--
(A) an institution of higher education (as such
term is defined section 102 of the Higher Education Act
of 1965 (20 U.S.C. 1002)); or
(B) an institution of higher education based
outside the United States, as determined by the
Secretary; and
(2) be able to receive and hold an appropriate security
clearance.
(c) 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.
(d) Outreach.--The Secretary shall advertise the Program widely,
including on the internet, through the Department's Diplomats in
Residence program, and through other outreach and recruiting
initiatives targeting undergraduate and graduate students. The
Secretary shall additionally conduct targeted outreach to encourage
participation in the Program from--
(1) individuals belonging to traditionally underrepresented
groups in terms of racial, ethnic, geographic, and gender
diversity, and disability status; and
(2) students enrolled at minority serving institutions
(which shall have the meaning given the term ``eligible
institutions'' described in section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)).
(e) Compensation.--
(1) Housing assistance.--
(A) Abroad.--The Secretary shall 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 outside the United States.
(B) Domestic.--The Secretary is authorized to
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.
(2) Travel assistance.--The Secretary shall provide a
student participating in the Program whose permanent address is
within the United States financial assistance to cover the
costs of travel once to and once from the location of the
internship in which such student is participating, including
travel by air, train, bus, or other transit as appropriate, if
the location of such internship is--
(A) more than 50 miles from such student's
permanent address; or
(B) outside the United States.
(f) Working With Institutions of Higher Education.--The Secretary
shall, to the maximum extent practicable, structure internships to
ensure such internships satisfy criteria for academic credit at the
institutions of higher education in which participants in such
internships are enrolled.
(g) Transition Period.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Secretary shall transition all
unpaid internship programs of the Department, including the
Foreign Service Internship Program, to internship programs that
offer compensation. Upon selection as a candidate for entry
into an internship program of the Department after such date, a
participant in such internship program shall be afforded the
opportunity to forgo compensation, including if doing so allows
such participant to receive college or university curricular
credit.
(2) Exception.--The transition required under paragraph (1)
shall not apply in the case of unpaid internship programs of
the Department that are part of the Virtual Student Federal
Service internship program.
(3) Waiver.--
(A) In general.--The Secretary may waive the
requirement under this subsection to transition an
unpaid internship program of the Department to an
internship program that offers compensation if the
Secretary determines and not later than 30 days after
any such determination submits to the appropriate
congressional committees and the Committees on
Appropriations of the Senate and the House of
Representatives a report that to do so would not be
consistent with effective management goals.
(B) Report.--The report required under subparagraph
shall describe the reason why transitioning an unpaid
internship program of the Department to an internship
program that offers compensation would not be
consistent with effective management goals, including
any justification for maintaining such unpaid status
indefinitely, or any additional authorities or
resources necessary to transition such unpaid program
to offer compensation in the future.
(h) Reports.--Not later than 18 months after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees and the Committees on Appropriations of the
Senate and the House of Representatives a report that includes the
following:
(1) Data, to the extent 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,
gender, disability status, institution of higher education,
home State, State where each student graduated from high
school, and disability status.
(2) Data on the number of security clearance investigations
started for such students and the timeline for such
investigations, including whether such investigations were
completed or if, and when, an interim security clearance was
granted.
(3) Information on expenditures on the Program.
(4) Information regarding the Department's compliance with
subsection (g).
(i) Voluntary Participation.--
(1) 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 contemplated by this section is voluntary.
(2) Privacy protection.--Any data collected under this
section shall be subject to the relevant privacy protection
statutes and regulations applicable to Federal employees.
(j) Special Hiring Authority.--Notwithstanding any other provision
of law, the Secretary, in consultation with the Office of Personnel
Management with respect to the number of interns to be hired each year,
may--
(1) select, appoint, and employ individuals for up to 1
year through compensated internships under an excepted service
(as defined in section 2103 of title 5, United States Code);
and
(2) remove any compensated intern employed pursuant to
paragraph (1) without regard to the provisions of law governing
appointments in the excepted service.
(k) Availability of Appropriations.--Internships offered and
compensated by the Department under this section shall be funded solely
by amounts available and appropriated under the heading ``Diplomatic
Programs'' on or after the date of the enactment of this Act.
SEC. 307. ADDENDUM FOR STUDY ON FOREIGN SERVICE ALLOWANCES.
(a) 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 purposes of such report.
(b) Elements.--The addendum required under subsection (a) shall
include--
(1) the total number of domestic and overseas positions
open during the most recent summer bidding cycle;
(2) the total number of bids each position received;
(3) the number of unfilled positions at the conclusion of
the most recent summer bidding cycle, disaggregated by bureau;
and
(4) detailed recommendations and a timeline for--
(A) increasing the number of qualified bidders for
underbid positions; and
(B) minimizing the number of unfilled positions at
the end of bidding season.
SEC. 308. REPORT ON PILOT PROGRAM FOR LATERAL ENTRY INTO THE FOREIGN
SERVICE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary for Management of the
Department shall submit to the appropriate congressional committees a
report on the implementation of the pilot program for lateral entry
into the Foreign Service required by section 404(b) of the Department
of State Authorities Act, Fiscal Year 2017 (Public Law 114-323; 130
Stat. 1928).
(b) Matters To Be Included.--The report required by subsection (a)
shall include--
(1) the current status of implementation of the pilot
program, including a summary of concrete steps taken by the
Department implement it, to date;
(2) an explanation of the delay in implementation of the
pilot program, if any;
(3) the number of mid-career individuals from the Civil
Service of the Department and private sector that are expected
to participate in the pilot program in fiscal year 2023,
differentiated by gender, age, race and ethnicity, geographic
origin, and past occupation, to the extent practicable;
(4) an analysis of the skills gap the Department identified
for use of the pilot program's flexible-hiring mechanism;
(5) any legal justifications provided by the Office of
Legal Adviser of the Department for the Department not
implementing the pilot program; and
(6) the estimated date by which the Department expects to
implement the pilot program.
SEC. 309. INTERAGENCY POLICIES TO PREVENT AND RESPOND TO HARASSMENT,
DISCRIMINATION, SEXUAL ASSAULT, AND RELATED RETALIATION.
(a) Coordination With Other Agencies.--
(1) In general.--The Secretary, in coordination with the
heads of other Federal agencies that provide personnel to serve
in overseas posts, should develop interagency policies to
prevent and respond to harassment, discrimination, sexual
assault, and related retaliation, including policies for--
(A) addressing harassment, discrimination, sexual
assault, and related retaliation, reporting of such
actions, and providing support to personnel who report
such actions;
(B) advocacy, service referrals, and travel
accommodations for victims; and
(C) disciplining anyone who violates Department
policies regarding harassment, discrimination, sexual
assault, or related retaliation occurring between
covered employees and noncovered employees.
(2) Covered employee defined.--In this subsection, the term
``covered employee'' means--
(A) any officer or employee (including any
temporary, part-time, contract, intermittent employee,
intern, fellow, or other unpaid staff (including United
States citizens and foreign nationals)) performing work
for or on behalf of the Department;
(B) a member of the Foreign Service (as that term
is defined under section 103 of the Foreign Service
Act of 1980 (22 U.S.C. 3903)), to include a Foreign
Service Officer, Foreign Service Specialist, Locally
Employed Staff, or Consular Agent; or
(C) any individual who is engaged by an employer or
entity as a contractor.
(b) Disciplinary Action.--
(1) Separation for cause.--Section 610(a)(1) of the Foreign
Service Act of 1980 (22 U.S.C. 4010(a)(1)), is amended--
(A) by striking ``decide to''; and
(B) by inserting before the period at the end the
following: ``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''.
(2) Update to manual.--The Director of Global Talent and
Director General of the Foreign Service shall--
(A) update the ``Grounds for Disciplinary Action''
and ``List of Disciplinary Offenses and Penalties''
sections of the Foreign Affairs Manual to reflect the
amendments made by paragraph (1); and
(B) communicate such updates to Department staff
through publication in Department Notices.
(c) Sexual Assault Prevention and Response Victim Advocates.--The
Secretary shall ensure that the Diplomatic Security Service's Victims'
Resource Advocacy Program--
(1) is appropriately staffed by advocates who are
physically present at--
(A) the headquarters of the Department; and
(B) major domestic and international facilities and
embassies, as determined by the Secretary;
(2) considers the logistics that are necessary to allow for
the expedient travel of victims from Department facilities that
do not have advocates; and
(3) 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. 310. CURTAILMENTS, REMOVALS FROM POST, AND WAIVERS OF PRIVILEGES
AND IMMUNITIES.
(a) Curtailments Report.--
(1) 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 to the appropriate congressional
committees a report regarding curtailments of Department
personnel from overseas posts.
(2) Contents.--The Secretary shall include in each report
required by paragraph (1)--
(A) relevant information about any post that,
during the 6-month period preceding the report--
(i) had more than 5 curtailments; or
(ii) had curtailments representing more
than 5 percent of Department personnel at such
post; and
(B) for each post described in subparagraph (A),
the number of curtailments, disaggregated by month of
occurrence.
(3) Additional contents for initial report.--The Secretary
shall include in the initial report required by paragraph (1)
the number of and relevant information about all voluntary and
involuntary curtailments at the Deputy Chief of Mission or
Principal Officer level for the previous 5 years, disaggregated
by year, including an explanation of any Department review of
such curtailments.
(b) Removal of Diplomats.--Not later than 5 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--
(1) notify the appropriate congressional committees of such
declaration; and
(2) include with such notification--
(A) the official reason for such declaration (if
provided by the host government);
(B) the date of the declaration; and
(C) whether the Department responded by declaring a
host government's diplomat in the United States persona
non grata.
(c) 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, signed at Vienna on April 18, 1961,
and entered into force April 24, 1964, 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.
(d) Termination.--This section shall terminate on the date that is
5 years after the date of the enactment of this Act.
SEC. 311. COMMISSION ON REFORM AND MODERNIZATION OF THE DEPARTMENT OF
STATE.
(a) Short Title.--This section may be cited as the ``Commission on
Reform and Modernization of the Department of State Act''.
(b) Establishment of Commission.--There is established in the
legislative branch the Commission on Reform and Modernization of the
Department of State (in this section referred to as the
``Commission'').
(c) Purposes.--The purposes of the Commission are to examine the
changing nature of diplomacy in the 21st century and ways that the
Department and its personnel can modernize to advance the interests of
the United States, as well as offer recommendations related to--
(1) the organizational structure of the Department;
(2) personnel-related matters, to include recruitment,
promotion, training, and retention of the Department's
workforce in order to retain the best and brightest personnel
and foster effective diplomacy worldwide, including measures to
strengthen diversity and inclusion to ensure that the
Department's workforce represents all of America;
(3) the Department's infrastructure--both domestic and
overseas--to include information technology, transportation,
and security;
(4) the link between diplomacy and defense, intelligence,
development, commercial, health, law enforcement, and other
core United States interests;
(5) core legislation that authorizes United States
diplomacy, including the Foreign Service Act of 1980 (Public
Law 96-465);
(6) related regulations, rules, and processes that define
United States diplomatic efforts, including the Foreign Affairs
Manual;
(7) Chief of Mission authority at United States diplomatic
missions overseas, including authority over employees of other
Federal departments and agencies; and
(8) treaties that impact United States overseas presence.
(d) Membership.--
(1) Composition.--
(A) In general.--The Commission shall be composed
of 8 members of whom--
(i) one member shall be appointed by the
chairperson of the Committee on Foreign Affairs
of the House of Representatives;
(ii) one member shall be appointed by the
ranking member of the Committee on Foreign
Affairs of the House of Representatives;
(iii) one member shall be appointed by the
chairperson of the Committee on Foreign
Relations of the Senate;
(iv) one member shall be appointed by the
ranking member of the Committee on Foreign
Relations of the Senate;
(v) one member shall be appointed by the
Speaker of the House of Representatives;
(vi) one member shall be appointed by the
majority leader of the Senate;
(vii) one member shall be appointed by the
minority leader of the House of
Representatives; and
(viii) one member shall be appointed by the
minority leader of the Senate.
(B) Deadline for appointment.--The appointments of
members of the Commission under this paragraph shall be
made not later than 90 days after the date of enactment
of this Act.
(2) Co-chairpersons.--The Speaker of the House of
Representatives and the majority leader of the Senate shall
select one member of the Commission appointed under paragraph
(1) to serve as a co-chairperson of the Commission, and the
minority leader of the House of Representatives and the
minority leader of the Senate shall select one member of the
Commission appointed under paragraph (1) to serve as a co-
chairperson of the Commission.
(3) Qualifications; meetings.--
(A) Membership.--
(i) In general.--It is the sense of
Congress that the members of the Commission
appointed under paragraph (1) should--
(I) be prominent United States
citizens, with national recognition and
significant depth of experience in
international relations and the
Department;
(II) have leadership experience
related to international relations,
diplomacy, and data-driven management;
(III) have significant expertise in
international relations, diplomacy,
economics, technology, labor relations,
energy, and foreign assistance;
(IV) have an understanding of
management challenges that may hinder
the Department in carrying out its
mission to the most effective extent
possible; and
(V) maintain a deep understanding
of the Department's Civil and Foreign
Service workforces, including the
challenges and opportunities the
Department faces in managing two
personnel systems.
(ii) Prohibitions.--A member of the
Commission appointed under paragraph (1) may
not--
(I) be a current Member of
Congress; or
(II) be a current or former
registrant under the Foreign Agents
Registration Act of 1938 (22 U.S.C. 611
et seq.).
(B) Meetings.--
(i) Initial meeting.--The Commission shall
hold its first meeting not later than 30 days
after the date on which all members of the
Commission have been appointed.
(ii) Frequency.--The Commission shall meet
at the call of the co-chairpersons of the
Commission.
(iii) Quorum.--A majority of the members of
the Commission shall constitute a quorum for
purposes of conducting business, except that
two members of the Commission shall constitute
a quorum for purposes of receiving testimony.
(C) Vacancies.--Any vacancy in the Commission shall
not affect the powers of the Commission, but shall be
filled in the same manner as the original appointment.
(e) Functions of Commission.--
(1) In general.--The Commission shall act by resolution
agreed to by a majority of the members of the Commission voting
and present.
(2) 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 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 shall not be considered the
findings and determinations of the Commission unless approved
by the Commission.
(3) Delegation.--Any member, agent, or staff of the
Commission may, if authorized by the co-chairpersons of the
Commission, take any action which the Commission is authorized
to take pursuant to this section.
(f) Powers of Commission.--
(1) Hearings and evidence.--The Commission or, as delegated
by the co-chairpersons of the Commission, any panel or member
thereof, may, for the purpose of carrying out this section--
(A) hold such hearings and meetings, take such
testimony, receive such evidence, and administer such
oaths as the Commission or such designated subcommittee
or designated member considers necessary;
(B) require the attendance and testimony of such
witnesses and the production of such correspondence,
memoranda, papers, and documents, as the Commission or
such designated subcommittee or designated member
considers necessary; and
(C) subject to applicable privacy laws and relevant
regulations, secure directly from any Federal
department or agency information and data necessary to
enable it to carry out its mission, which shall be
provided by the head or acting representative of the
department or agency not later than 30 days after the
Commission provides a written request for such
information and data.
(2) Contracts.--The Commission may, to such extent and in
such amounts as are provided in appropriation Acts, enter into
contracts to enable the Commission to discharge its duties
under this section.
(3) Information from federal agencies.--
(A) In general.--The Commission may secure directly
from any executive department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality of the Government, information,
suggestions, estimates, and statistics for the purposes
of this section.
(B) Furnishing information.--Each department,
bureau, agency, board, commission, office, independent
establishment, or instrumentality shall, to the extent
authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Commission, upon request made by a co-chairperson of
the Commission, the chairman of any panel created by a
majority of the Commission, or any member designated by
a majority of the Commission.
(C) Handling.--Information shall only be received,
handled, stored, and disseminated by members of the
Commission and its staff consistent with all applicable
statutes, regulations, and Executive orders.
(4) Assistance from federal agencies.--
(A) Secretary of state.--The Secretary shall
provide to the Commission, on a non-reimbursable basis,
such administrative services, funds, staff, facilities,
and other support services as are necessary for the
performance of the Commission's duties under this
section.
(B) Other departments and agencies.--Other Federal
departments and agencies may provide the Commission
such services, funds, facilities, staff, and other
support as such departments and agencies consider
advisable and as may be authorized by law.
(C) Cooperation.--The Commission shall receive the
full and timely cooperation of any official,
department, or agency of the Federal Government whose
assistance is necessary, as jointly determined by the
co-chairpersons of the Commission, for the fulfillment
of the duties of the Commission, including the
provision of full and current briefings and analyses.
(D) Designation.--The Secretary shall designate an
individual from the Department at the level of
Assistant Secretary to engage and liaise with the
Commission.
(5) Assistance from independent organizations.--
(A) In general.--In order to inform its work, the
Commission should review reports written within the
last 15 years by independent organizations and outside
experts relating to reform and modernization of the
Department.
(B) Avoiding duplication.--In analyzing the reports
specified under subparagraph (A), the Commission should
pay particular attention to any specific reform
proposal that has been recommended by two or more such
reports.
(6) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(7) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
(8) Congressional consultation.--Not less frequently than
once every 90 days, the Commission shall provide a briefing to
the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate regarding the work of the Commission.
(g) Staff and Compensation.--
(1) Staff.--
(A) Compensation.--The co-chairpersons of the
Commission, in accordance with rules agreed upon by 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.
(B) 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.
(C) Procurement of temporary and intermittent
services.--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 IV of the Executive
Schedule under section 5315 of that title.
(2) Compensation for commission members.--
(A) In general.--Except as provided in subparagraph
(B), each member of the Commission may be compensated
at not to exceed the daily equivalent of 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, for each day during which that
member is engaged in the actual performance of the
duties of the Commission under this section.
(B) 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.
(3) Travel expenses.--While away from their homes or
regular places of business in the performance of services for
the Commission, members and staff of the Commission, as well as
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 the Government service are allowed expenses
under section 5703(b) of title 5, United States Code.
(4) Security clearances for commission members and staff.--
The appropriate Federal agencies or departments shall cooperate
with the Commission in expeditiously providing to the
Commission members and staff appropriate security clearances to
the extent possible pursuant to existing procedures and
requirements, except that no person shall be provided with
access to classified information under this section without the
appropriate security clearances.
(h) Report.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Commission shall submit to the
President and Congress a final report that examines all
substantive aspects of Department personnel, management, and
operations and contains such findings, conclusions, and
recommendations for corrective measures as have been agreed to
by a majority of Commission members.
(2) Elements.--The report required under paragraph (1)
shall include findings, conclusions, and recommendations
related to--
(A) the organizational structure of the Department;
(B) personnel-related matters, to include
recruitment, promotion, training, and retention of the
Department's workforce in order to retain the best and
brightest personnel and foster effective diplomacy
worldwide, including measures to strengthen diversity
and inclusion to ensure that the Department's workforce
represents all of America;
(C) the Department's infrastructure--both domestic
and overseas--to include information technology,
transportation, and security;
(D) the link between diplomacy and defense,
intelligence, development, commercial, health, law
enforcement, and other core United States interests;
(E) core legislation that authorizes United States
diplomacy;
(F) related regulations, rules, and processes that
define United States diplomatic efforts, including the
Foreign Affairs Manual;
(G) treaties that impact United States overseas
presence;
(H) the authority of Chiefs of Mission at United
States diplomatic missions overseas, including the
degree of authority that Chiefs of Mission exercise in
reality over Department and other Federal employees at
overseas posts;
(I) any other areas that the Commission consider
necessary for a complete appraisal of United States
diplomacy and Department management and operations; and
(J) the amount of time, manpower, and financial
resources that would be necessary to implement the
recommendations specified under this paragraph.
(3) Department response.--Before the Commission submits its
report to the President and Congress, the Secretary shall have
the right to review and respond to all Commission
recommendations not later than 90 days after receiving the
recommendations from the Commission.
(i) Termination of Commission.--
(1) In general.--The Commission, and all the authorities
under this section, shall terminate 180 days after the date on
which the final report is submitted under subsection (h).
(2) Administrative activities before termination.--The
Commission may use the 180-day period referred to in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
reports and disseminating the report.
(j) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Commission to carry out this section $6,000,000 for fiscal
year 2023.
(2) Availability.--Amounts made available to the Commission
under paragraph (1) shall remain available until the
termination of the Commission.
(k) Inapplicability of Certain Administrative Provisions.--
(1) Federal advisory committee act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
(2) Freedom of information act.--The provisions of section
552 of title 5, United States Code (commonly referred to as the
Freedom of Information Act), shall not apply to the activities,
records, and proceedings of the Commission under this section.
SEC. 312. MANAGEMENT ASSESSMENTS AT DIPLOMATIC AND CONSULAR POSTS.
(a) In General.--Beginning not later than 1 year after the date of
the enactment of this Act, the Secretary shall annually for 5 years
conduct at each diplomatic and consular post a voluntary survey,
offered to all staff assigned to that post who are citizens of the
United States other than chiefs of mission, to assess the management
and leadership of each such post by the Chief of Mission, the Deputy
Chief of Mission, and the Charge d'Affaires.
(b) Anonymity.--All responses to the survey described in subsection
(a) shall be--
(1) fully anonymized; and
(2) made available to the Director General of the Foreign
Service.
(c) Survey.--The survey shall seek to assess--
(1) the general morale at post;
(2) the presence of any hostile work environment;
(3) the presence of any harassment, discrimination,
retaliation, or other mistreatment; and
(4) effective leadership and collegial work environment.
(d) 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.
(e) 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)).
(f) Annual Report.--The Director General of the Foreign Service
shall submit an annual report to the appropriate congressional
committees that includes--
(1) any trends or summaries from the surveys;
(2) the posts where corrective action was recommended or
taken in response to any issues identified by the surveys; and
(3) the number of referrals to the Inspector General of the
Department of State and the Foreign Service, as applicable.
SEC. 313. STREAMLINING OF SECURITY CLEARANCE PROCESS.
(a) Recommendations.--Not later than 270 days after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees recommendations for streamlining the process
of investigating and adjudicating security clearances within the Bureau
of Diplomatic Security in a manner that ensures such process is
completed for individuals for whom a conditional offer of employment to
the Civil Service or Foreign Service of the Department has been made,
by--
(1) not later than 180 days following the date on which an
application for a security clearance is submitted, on average;
and
(2) not later than 1 year following such date, in the vast
majority of cases.
(b) Report.--Not later than 90 days after the recommendations are
submitted pursuant to subsection (a), the Secretary shall submit to the
appropriate congressional committees a report that--
(1) describes the status of the efforts of the Secretary to
streamline the process specified in such subsection; and
(2) identifies any remaining obstacles preventing security
clearances from being completed within the time frames set
forth in such subsection, including lack of cooperation or
other actions by the heads of other Federal departments and
agencies.
SEC. 314. MODIFICATIONS TO FOREIGN AFFAIRS MANUAL WITH RESPECT TO
SECURITY CLEARANCES.
Not later than 1 year after the date of the enactment of this Act,
the Secretary shall take such steps as may be necessary--
(1) to revise the Foreign Affairs Manual to streamline the
security clearance investigation and adjudication process
within the Bureau of Diplomatic Security; and
(2) to the extent practicable, to ensure that the changes
made pursuant to paragraph (1) do not unduly delay efforts to
achieve Civil Service or Foreign Service hiring at personnel
ceiling levels within any fiscal year.
SEC. 315. ADDITIONAL PERSONNEL TO ADDRESS BACKLOGS IN HIRING AND
INVESTIGATIONS.
(a) In General.--The Secretary should seek to increase the number
of personnel in 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.
(b) Employment Targets.--The Secretary should seek to employ--
(1) 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
(2) 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. 316. REPORT ON WORLDWIDE AVAILABILITY.
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 worldwide
availability for all members of the Foreign Service, that includes--
(1) the feasibility of a worldwide availability requirement
for all members of the Foreign Service;
(2) considerations if such a requirement were to be
implemented, including the potential effect on recruitment and
retention; and
(3) recommendations for exclusions and limitations,
including exemptions for medical reasons, disability, and other
circumstances.
SEC. 317. SUPPORTING THE EMPLOYMENT OF UNITED STATES CITIZENS BY
INTERNATIONAL ORGANIZATIONS.
The Secretary is authorized to promote the employment and
advancement of United States citizens by international organizations
and bodies, including by--
(1) providing stipends, consultation, coaching, and
analytical services to support United States citizen
applicants; and
(2) making grants for the purposes described in paragraph
(1).
SEC. 318. AUTHORIZING THE USE OF DIPLOMATIC PROGRAMS FUNDING TO PROMOTE
THE EMPLOYMENT OF UNITED STATES CITIZENS BY INTERNATIONAL
ORGANIZATIONS.
Amounts appropriated pursuant to the authorization under section
101 of this Act or otherwise made available to the ``Diplomatic
Programs'' account of the Department may be made available for grants,
programs, and activities to promote the employment of United States
citizens by international organizations and bodies, including by
providing consultation, coaching, and analytical services to support
United States citizen applicants.
SEC. 319. 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) is amended by striking ``$500,000''
and inserting ``$2,000,000''.
SEC. 320. REPORT ON CHANGES TO THE FOREIGN SERVICE OFFICER TEST.
Not later than 180 days after the date of the enactment of this Act
and annually thereafter for 2 years, the Secretary shall submit a
report to the appropriate congressional committees on any changes made
to the Foreign Service entry process after January 1, 2022, that
includes each of the following:
(1) A description and justification of 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.
(2) A description and justification of the use of virtual
formats for any portion of the entry process and its impacts on
recruitment into the Foreign Service.
(3) A description and justification of the entities,
groups, or individuals informed or consulted on any changes to
the Foreign Service entry process, during the one year period
prior to their implementation.
(4) The numbers and demographics of applicants taking the
written portion of the Foreign Service officer test.
(5) The numbers and demographics of applicants who are
subsequently permitted to take the Foreign Service oral
assessment.
(6) The numbers and demographics of applicants who pass the
Foreign Service oral assessment.
(7) The criteria used for passing the Foreign Service oral
assessment.
(8) The numbers and demographics of applicants who pass the
security clearance, medical clearance, and suitability review,
and thus are eligible for entry into the Foreign Service.
(9) A comparative analysis of the current Foreign Service
entry process and results, including a comparison between those
eligible for entry into the Foreign Service after the current
entry process is completed and those so eligible for such entry
pursuant to the process as in effect prior to January 1, 2022.
Subtitle B--Matters Relating to Training and Professional Development
SEC. 331. FACILITATION AND ENCOURAGEMENT OF TRAINING AND PROFESSIONAL
DEVELOPMENT FOR FOREIGN SERVICE AND CIVIL SERVICE
PERSONNEL.
(a) Sense of Congress.--It is the sense of Congress that a
recognition throughout the Department of the value and importance of
training and professional development for Foreign Service and Civil
Service personnel of the Department 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.
(b) Study and Report.--
(1) In general.--The Secretary, in consultation with
relevant Federal agencies and institutions of higher education
(as such term is defined section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002)), shall conduct a study on the
feasibility of establishing a diplomatic officers' reserve
corps or similar mechanism in the Department to augment the
Department's personnel needs at any level on a temporary or
permanent basis.
(2) Elements.--In conducting the study required by
paragraph (1), the Secretary shall consider whether any such
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.
(3) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report that contains the
results of the study required by paragraph (1).
(c) Equal Weight for Training and Development in Promotion Precepts
and Evaluation Criteria.--
(1) Foreign service.--The Secretary shall take appropriate
actions to ensure the evaluation of precepts described in
section 603 of the Foreign Service Act of 1980 (22 U.S.C. 4003)
upon which selection boards under section 602 of that Act (22
U.S.C. 4002) make recommendations for promotion of members of
the Foreign Service under section 601 of that Act (22 U.S.C.
4001) afford equal weight 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.
(2) Civil service.--The Secretary shall take appropriate
actions to ensure that the performance standards established
and maintained under chapter 43 of title 5, United States Code,
for any job performance appraisal system for Civil Service
personnel of the Department afford equal weight 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.
(d) Response to Subordinate Training and Development Needs in
Evaluation of Supervisor Performance.--
(1) Foreign service.--The Secretary shall take appropriate
actions to ensure the evaluation of precepts for
recommendations for promotion described in subsection (b)(1)
for members of the Foreign Service in supervisory positions
incorporates the extent to which such members addressed the
training and professional development needs of the personnel
under their supervision as the Secretary considers appropriate.
(2) Civil service.--The Secretary shall take appropriate
actions to ensure that the performance standards described in
subsection (b)(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 as the Secretary
considers appropriate.
SEC. 332. SENSE OF CONGRESS ON PARTNERSHIPS BETWEEN DEPARTMENT OF STATE
AND ACADEMIC AND OTHER NON-DEPARTMENT INSTITUTIONS AND
ORGANIZATIONS FOR TRAINING AND PROFESSIONAL DEVELOPMENT
OF FOREIGN SERVICE AND CIVIL SERVICE PERSONNEL.
(a) Finding.--Congress finds that partnerships between the
Department, on the one hand, and other United States Government
agencies, academic institutions, and other private sector organizations
and entities, on the other hand, have proven valuable in providing and
expanding the availability of opportunities for training and
professional development for Foreign Service and Civil Service
personnel of the Department.
(b) Sense of Congress.--In light of the finding in subsection (a),
it is the sense of Congress that the Secretary should expand and
enhance existing partnerships described in that subsection, and enter
into new such partnerships, in order to provide or expand opportunities
for training and professional development for Foreign Service and Civil
Service personnel of the Department, including through--
(1) agreements with academic institutions with which the
Department has a current such partnership to increase the
number of such personnel authorized to attend such institutions
for training or professional development purposes, to expand
the courses of education or training pursuable by such
personnel at such institutions for such purposes, or both;
(2) agreements with academic institutions with which the
Department does not have a current such partnership (including,
in particular, institutions with which the Department has no
history or a limited history of partnership) to authorize such
personnel to attend such institutions for training or
professional development purposes;
(3) agreements with component institutions of the
Department of Defense (including the National Defense
University and the other Senior Service Colleges) to--
(A) increase the number of such personnel
authorized to attend such institutions for, or as part
of, a professional development tour of duty required
for promotion from the pre-senior level or for other
training or professional development purposes; or
(B) newly authorize the attendance of such
personnel at such institutions for, or as part of, such
a professional development tour of duty or for such
other purposes;
(4) agreements with other Federal departments agencies for
detailing such personnel for training or professional
development purposes; and
(5) agreements with appropriate private sector
organizations and entities for detailing such personnel to such
organizations or entities for training or professional
development purposes.
SEC. 333. TRAINING RELATED TO CONFLICT PREVENTION.
The Secretary shall, with the assistance of other relevant
officials and in consultation with outside experts, scholars, and
others as appropriate, include as part of the standard training
provided to all personnel of the Department prior to departure for
posting in an overseas mission instruction on conflict prevention and
crisis response coordination across the interagency. Such training
may--
(1) include scenario-based instruction on the management of
crises and responses to early warning signs of conflict;
(2) incorporate practical exercises to identify gaps in
emerging crisis response strategies that prepare Department
personnel to implement a coordinated and comprehensive approach
to conflict prevention; and
(3) be developed in consultation with and the active
participation of representatives of the Department of Defense,
the United States Agency for International Development, and
applicable elements of the intelligence community (as defined
in section 3(4) of the National Security Act of 1947 (50 U.S.C.
3003(4))), as well as nongovernmental organizations and other
humanitarian actors.
SEC. 334. AUTHORITY TO PURSUE COURSEWORK OUTSIDE OF THE FOREIGN SERVICE
INSTITUTE AND ACROSS THE UNITED STATES.
(a) In General.--The Secretary is authorized to permit Department
personnel to seek business, economics, language, commercial diplomacy,
or other courses and training opportunities, as practical and relevant,
at institutions of higher education across the United States to fulfill
required credits or training. The Secretary shall also explore
opportunities to partner with institutions of higher education, as
practical and relevant, to support the curriculum development and
course instruction at the Foreign Service Institute, including by
incorporating sessions with visiting lecturers from institutions of
higher education into course curricula at every level.
(b) Institution of Higher Education Defined.--In this section, the
term ``institution of higher education'' has the meaning given such
term is defined section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
SEC. 335. ESTABLISHMENT OF FOREIGN SERVICE INSTITUTE INNOVATION
ADVISOR.
(a) Establishment.--The Secretary may establish the position of the
Foreign Service Institute Innovation Advisor. The Secretary may
designate a current employee of the Department serving in a career or
non-career position in the Senior Foreign Service or at the level of a
Deputy Assistant Secretary or Higher to serve concurrently as the
Advisor.
(b) Duties.--The Advisor's responsibilities may include--
(1) interfacing with Foreign Service Institute leadership
and faculty;
(2) conducting and participating in broader reviews of
curriculum, course elimination, and course development at the
Foreign Service Institute to identify gaps in training and
outdated modes or content of instruction;
(3) consulting with representatives of public and private
nonprofit educational institutions, representatives responsible
for training in other Federal departments and agencies, as well
as private sector experts, to determine ways to modernize and
maximize effectiveness of programming of the Foreign Service
Institute;
(4) coordinating with the Secretary of State, leadership
and faculty of the Foreign Service Institute, and other
relevant officials to implement suggested reforms and revisions
to programming of the Foreign Service Institute;
(5) consulting with entities in the private sector and at
United States institutions of higher education to determine
best practices in course modernization and to identify ways
that the Foreign Service Institute can more closely collaborate
with such entities, including with respect to course
development;
(6) assessing the critical language training offerings of
the Department for Foreign Service Officers; and
(7) consulting and sharing best practices in critical
language training, including with relevant representatives of
the Department of Defense, the Department of Education, and
elements of the intelligence community (as such term is defined
in section 3(4) of the National Security Act of 1947 (50 U.S.C.
10 3003(4))).
SEC. 336. REPORT ON COURSE PERFORMANCE.
Not later than 180 days after the date of the enactment of this
Act, the Under Secretary of Management, in consultation with the
Director of the Foreign Service Institute, shall submit to the
appropriate congressional committees a report evaluating--
(1) the impact of its training efforts at the Foreign
Service Institute;
(2) whether the current system of course performance
evaluation should be revised to more accurately determine
impacts on student learning and incorporating of training
material;
(3) the criteria, including a detailed enumeration, used to
evaluate student performance in Foreign Service Institute
courses; and
(4) efforts to establish minimum coursework standards for
completion, whether through letter grading, a pass/fail system,
or other metrics.
SEC. 337. LANGUAGE TRAINING FOR FOREIGN SERVICE PERSONNEL.
(a) Multiple Tours of Duty for Proficiency Consolidation and
Development.--In assigning Foreign Service officers with foreign
language proficiency to posts abroad, the Secretary shall, to the
extent practicable, prioritize the assignment of such officers to--
(1) such number of tours of duty in one or more countries
in which the language or dialect of such proficiency is common
as may be needed by such officers to use such proficiency;
(2) one or more tours of duty in one or more countries in
which the language or dialect of such proficiency is not
common, but in which such proficiency will facilitate the
development by such officers of language proficiency in
language or dialect common in such countries; or
(3) tours of duty described in both paragraphs (1) and (2).
(b) Triennial Review of Foreign Language Proficiency Requirements
for Positions Abroad.--The Secretary shall, acting through the Director
General of the Foreign Service, submit to the appropriate congressional
committees every three years--
(1) the results of a review of each Foreign Service
position abroad that is language-designated, in order to
determine whether a continuing requirement for foreign language
proficiency for such position is warranted; and
(2) an explanation of any posts with language-designated
positions at which language proficiency among Foreign Service
personnel may be deficient to meet mission objectives, along
with the steps the Department is taking to increase language
proficiency in such posts.
(c) Sense of Congress on Use of Savings Realized Through More
Efficient Use of Language Training Resources.--It is the sense of
Congress that any savings realized by the Department as a result of the
more efficient use of language training resources should be credited to
the Foreign Service Institute and made available to the Institute for
training.
(d) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary shall submit to Congress a report on the
benefits of and challenges regarding officers serving repeat tours in
the same geographic area or mission, and the impact repeat tours have
on promotion and career development and advancement.
SEC. 338. MERITORIOUS STEP INCREASE AUTHORITY.
Section 406 of the Foreign Service Act of 1980 (22 U.S.C. 3966) is
amended by adding at the end the following new subsection:
``(c) A chief of mission may grant, on the basis of especially
meritorious service, including that exemplified through critical
language proficiency, an additional salary increase to any member of
the Service receiving an increase in salary under subsection (a)
corresponding to any higher step in the salary class in which the
member is serving.''.
SEC. 339. PROFESSIONAL DEVELOPMENT.
(a) Participation.--The Secretary shall strongly encourage Foreign
Service officers seeking entry into the Senior Foreign Service to
participate in professional development described in subsection (c).
(b) Requirements.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit recommendations for
ensuring that Foreign Service officers complete professional
development described in subsection (c) in order to be eligible for
entry into the Senior Foreign Service.
(c) Professional Development Described.--Professional development
described in this subsection is a period of not fewer than 6 months of
training or experience acquired outside of the Department, such as time
spent--
(1) as a detailee to another government agency, Congress,
or a State, Tribal, or local government; or
(2) in Department-sponsored and -funded course of higher
education that results in an advanced degree, excluding time
spent at a university that is fully funded or operated by the
Federal Government.
SEC. 340. STUDY AND REPORT ON FOREIGN SERVICE INSTITUTE SCHOOL OF
LANGUAGE STUDIES.
(a) In General.--The Comptroller General of the United States--
(1) shall conduct a study on whether the Foreign Service
Institute School of Language Studies curriculum and instruction
effectively prepares United States Government employees to
advance United States diplomatic and national security
priorities abroad; and
(2) submit to the appropriate congressional committees a
report that contains the results of the study.
(b) Matters To Be Included.--The report required by subsection
(a)(2) shall include--
(1) an analysis of the teaching methods used at the Foreign
Service Institute's School of Language Studies;
(2) a comparative analysis on the benefits of language
proficiency compared to practical job oriented language
learning;
(3) an analysis of whether the testing regiment at the
School of Language Studies is an effective measure of ability
to communicate and carry out an employee's duties abroad; and
(4) an analysis of qualifications for training specialists
and language and culture instructors at the School of Language
Studies.
SEC. 341. USAID TENURING AND INCENTIVE LANGUAGES.
Not later than 180 days after the date of the enactment of this
Act, and annually thereafter for not fewer than five years, the
Administrator of the United States Agency for International Development
shall submit to the appropriate congressional committees a
certification that Mandarin Chinese has been included in the lists of
tenuring and incentive languages of the Agency.
SEC. 342. AUTHORIZATION OF APPROPRIATIONS FOR THE BENJAMIN A. GILMAN
INTERNATIONAL SCHOLARSHIPS PROGRAM.
There is authorized to be appropriated not less than $20,000,000
for each of fiscal years 2022 through 2026 to carry out the Benjamin A.
Gilman International Scholarships Program of the Department to achieve
the following purposes:
(1) Promoting the acquisition of critical language skills,
including Mandarin Chinese, Arabic, and Russian, by students
from the United States.
(2) Promoting the subsequent entry into the Department
workforce of such students who are qualified applicants.
(3) Promoting diversity among participants and supporting
the inclusion of a more diverse workforce at the Department.
TITLE IV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION
SEC. 401. COLLECTION, ANALYSIS, AND DISSEMINATION OF WORKFORCE DATA.
(a) Initial Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a report, that shall also be made publicly
available on an internet website of the Department, that includes
disaggregated demographic data and other information regarding the
diversity of the workforce of the Department.
(b) Data.--The report under subsection (a) shall include, to the
maximum extent collection and dissemination of data included in the
report may be carried out in a manner that protects the confidentiality
of individuals and is otherwise permissible under applicable law, the
following data:
(1) Demographic data on each element of the workforce of
the Department, disaggregated by rank and grade or grade-
equivalent, with respect to the following groups:
(A) Individuals hired to join the workforce.
(B) Individuals promoted during the 5-year period
ending on the date of the enactment of this Act,
including promotions to and within the Senior Executive
Service or the Senior Foreign Service.
(C) Individuals serving during the 5-year period
ending on the date of the enactment of this Act as
special assistants in any of the offices of the
Secretary, the Deputy Secretary of State, the Counselor
of the Department of State, the Secretary's Policy
Planning Staff, the Under Secretary for Arms Control
and International Security, the Under Secretary for
Civilian Security, Democracy, and Human Rights, the
Under Secretary for Economic Growth, Energy, and the
Environment, the Undersecretary for Management, the
Undersecretary of State for Political Affairs, and the
Under Secretary for Public Diplomacy and Public
Affairs.
(D) Individuals serving during the 5-year period
ending on the date of the enactment of this Act in each
bureau's front office.
(E) Individuals serving during the 5-year period
ending on the date of the enactment of this Act as
detailees to the National Security Council.
(F) Individuals serving on applicable selection
boards.
(G) Members of any external advisory committee or
board who are subject to appointment by individuals at
senior positions in the Department.
(H) 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.
(I) Individuals participating in mentorship or
retention programs.
(J) Individuals who separated from the agency
during the 5-year period ending on the date of the
enactment of this Act, including individuals in the
Senior Executive Service or the Senior Foreign Service.
(2) An assessment of agency compliance with the essential
elements identified in Equal Employment Opportunity Commission
Management Directive 715, effective October 1, 2003.
(3) Data on the overall number of individuals who are part
of the workforce of the Department, the percentages of such
workforce corresponding to each element specified in paragraph
(1), and the percentages corresponding to each rank, grade, or
grade equivalent.
(c) Other Contents.--The report under subsection (a) shall also
describe and assess the effectiveness of the efforts of the
Department--
(1) to propagate fairness, impartiality, and inclusion in
the work environment, both domestically and at posts outside of
the United States;
(2) to enforce anti-harassment and anti-discrimination
policies, both domestically and at posts outside of the United
States;
(3) to refrain from engaging in unlawful discrimination in
any phase of the employment process, including recruitment,
hiring, evaluation, assignments, promotion, retention, and
training;
(4) to prevent retaliation against employees for
participating in a protected equal employment opportunity
activity or for reporting sexual harassment or sexual assault;
(5) to provide reasonable accommodation for qualified
employees and applicants with disabilities; and
(6) to recruit a representative workforce by--
(A) recruiting women, persons with disabilities,
and minorities;
(B) recruiting at women's colleges, historically
Black colleges and universities, minority-serving
institutions, and other institutions serving a
significant percentage of minority students;
(C) placing job advertisements in newspapers,
magazines, and job sites oriented toward women and
minorities;
(D) sponsoring and recruiting at job fairs in urban
and rural communities and land-grant colleges or
universities;
(E) 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;
(F) recruiting mid-level and senior-level
professionals through programs designed to increase
representation in international affairs of people
belonging to traditionally under-represented groups;
(G) offering the Foreign Service written and oral
assessment examinations in several locations throughout
the United States to reduce the burden of applicants
having to travel at their own expense to take either or
both such examinations;
(H) expanding the use of paid internships; and
(I) supporting recruiting and hiring opportunities
through--
(i) the Charles B. Rangel International
Affairs Fellowship Program;
(ii) the Thomas R. Pickering Foreign
Affairs Fellowship Program; and
(iii) other initiatives, including agency-
wide policy initiatives.
(d) Annual Reports.--
(1) In general.--Not later than one year after the
publication of the report under subsection (a) and annually
thereafter for 5 years, the Secretary shall submit to the
appropriate congressional committees a report, that shall also
be made publicly available on an internet website of the
Department, and which may be reflected in another annual report
required under another provision of law.
(2) Matters.--Each report under paragraph (1) shall
include, to the maximum extent collection and dissemination of
data included in the report may be carried out in a manner that
protects the confidentiality of individuals and is otherwise
permissible under applicable law--
(A) disaggregated demographic data relating to the
workforce and information on the status of diversity
and inclusion efforts of the Department;
(B) an analysis of applicant flow data; and
(C) 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.
SEC. 402. PROMOTING DIVERSITY AND INCLUSION IN THE DEPARTMENT OF STATE
WORKFORCE.
(a) In General.--The Secretary shall ensure that individuals in
senior and supervisory positions of the Department, or who have
responsibilities related to recruitment, retention, or promotion of
employees, should have a demonstrated commitment to equal opportunity,
diversity, and inclusion.
(b) Consideration.--In making any recommendations on nominations,
conducting interviews, identifying or selecting candidates, or
appointing acting individuals for positions equivalent to an Assistant
Secretary or above, the Secretary shall use best efforts to consider at
least one individual reflective of diversity.
(c) Establishment.--
(1) In general.--The Secretary shall establish a mechanism
to ensure that appointments or details of Department employees
to staff positions in the Offices of the Secretary, the Deputy
Secretary, the Counselor of the Department, the Secretary's
Policy Planning Staff, or any of the Undersecretaries of State,
and details to the National Security Council, are transparent,
competitive, equitable, and inclusive, and made without regard
to an individual's race, color, religion, sex (including
pregnancy, transgender status, or sexual orientation), national
origin, age (if 40 or older), disability, or genetic
information.
(2) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report regarding the
mechanism required under paragraph (1).
(d) Availability.--The Secretary shall use best efforts to consider
at least one individual reflective of diversity for the staff positions
specified in subsection (c)(1) and ensure such positions are equitably
available to employees of the Civil Service and Foreign Service of the
Department.
SEC. 403. EXPANDING SCOPE OF FELLOWSHIP PROGRAMS TO INCLUDE CIVIL
SERVANTS.
Section 47 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2719) is amended by inserting ``or the Civil Service'' after
``Foreign Service'' each place it appears.
SEC. 404. CENTERS OF EXCELLENCE IN FOREIGN AFFAIRS AND ASSISTANCE.
(a) Purpose.--The purposes of this section are--
(1) to advance the values and interests of the United
States overseas through programs that foster innovation,
competitiveness, and a diversity of backgrounds, views, and
experience in the formulation and implementation of United
States foreign policy and assistance; and
(2) to create opportunities for specialized research,
education, training, professional development, and leadership
opportunities for historically under-represented populations
within the Department and USAID.
(b) Study.--
(1) In general.--The Secretary 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
historically underrepresented populations to focus on 1 or more
of the areas described in paragraph (2).
(2) Elements.--In conducting the study required under
paragraph (1), the Secretary, respectively, shall consider--
(A) opportunities to enter into public-private
partnerships that will--
(i) increase diversity in foreign affairs
and foreign assistance Federal careers;
(ii) prepare a diverse 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;
(iii) support the conduct of research,
education, and extension programs that reflect
diverse perspectives and a wide range of views
of world regions and international affairs--
(I) to assist in the development of
regional and functional foreign policy
skills;
(II) to strengthen international
development and humanitarian assistance
programs; and
(III) to strengthen democratic
institutions and processes in
policymaking, including supporting
public policies that engender equitable
and inclusive societies and focus on
challenges and inequalities in
education, health, wealth, justice, and
other sectors faced by diverse
communities;
(iv) 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;
(v) support collaboration among
institutions of higher education, including
community colleges, nonprofit organizations,
and corporations, to strengthen the engagement
between experts and specialists in the foreign
affairs and foreign assistance fields; and
(vi) leverage additional public-private
partnerships with nonprofit organizations,
foundations, corporations, institutions of
higher education, and the Federal Government;
and
(B) budget and staffing requirements, including
appropriate sources of funding, for the establishment
and conduct of operations of such Centers of
Excellence.
(c) 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).
TITLE V--MATTERS RELATING TO CYBERSECURITY
Subtitle A--Information Security and Cyber Diplomacy
SEC. 501. VULNERABILITY DISCLOSURE POLICY AND BUG BOUNTY PROGRAM
REPORT.
(a) Definitions.--In this section:
(1) 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.
(2) Information technology.--The term ``information
technology'' has the meaning given such term in section 11101
of title 40, United States Code.
(b) Vulnerability Disclosure Policy.--
(1) 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 (VDP) to improve Department cybersecurity by--
(A) creating Department policy and infrastructure
to receive 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
(B) providing a report on such policy and
infrastructure to Congress.
(2) Annual reports.--Not later than 180 days after the
establishment of the VDP under paragraph (1) and annually
thereafter for the next five years, the Secretary shall submit
to the Committee on Foreign Affairs of the House of
Representatives, the Committee on Foreign Relations of the
Senate, and the Committee on Homeland Security and Governmental
Affairs of the Senate a report on the VDP, including
information relating to the following:
(A) The number and severity of all security
vulnerabilities reported.
(B) The number of previously unidentified security
vulnerabilities remediated as a result.
(C) The current number of outstanding previously
unidentified security vulnerabilities and Department
remediation plans.
(D) The average length of time between the
reporting of security vulnerabilities and remediation
of such vulnerabilities.
(E) The resources, surge staffing, roles, and
responsibilities within the Department used to
implement the VDP and complete security vulnerability
remediation.
(F) Description of how VDP identified
vulnerabilities are incorporated into existing
Department vulnerability prioritization and management
processes.
(G) Any challenges in implementing the VDP and
plans for expansion or contraction in the scope of the
VDP across Department information systems.
(H) Any other information the Secretary determines
relevant.
(c) Bug Bounty Program Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall report to
Congress on any ongoing efforts to establish or carry out a bug
bounty program by the Department or a third-party vendor to the
Department to identify security vulnerabilities of internet-
facing information technology of the Department.
(2) Report.--Not later than 180 days after the date on
which any bug bounty program under subsection (a) is
established, the Secretary shall submit to the Committee on
Foreign Relations of the Senate, the Committee on Homeland
Security and Governmental Affairs of the Senate, and the
Committee on Foreign Affairs of the House of Representatives a
report on such program, including information relating to--
(A) the number of approved individuals,
organizations, or companies involved in such program,
broken down by the number of approved individuals,
organizations, or companies that--
(i) registered;
(ii) were approved;
(iii) submitted security vulnerabilities;
and
(iv) received compensation;
(B) the number and severity of all security
vulnerabilities reported as part of such program;
(C) the number of previously unidentified security
vulnerabilities remediated as a result of such program;
(D) the current number of outstanding previously
unidentified security vulnerabilities and Department
remediation plans;
(E) the average length of time between the
reporting of security vulnerabilities and remediation
of such vulnerabilities;
(F) the types of compensation provided under such
program;
(G) the lessons learned from such program;
(H) confirming whether contact information for the
Department regarding the bug bounty program is publicly
accessible;
(I) description of how bug bounty program
identified vulnerabilities are incorporated into
existing Department vulnerability prioritization and
management processes; and
(J) 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.
Subtitle B--Matters Relating to Cyber Diplomacy
SEC. 511. UNITED STATES INTERNATIONAL CYBERSPACE POLICY.
(a) In General.--It is the policy of the United States--
(1) to work internationally to promote an open,
interoperable, reliable, and secure internet governed by the
multi-stakeholder model, that--
(A) promotes democracy, rule of law, and human
rights, including freedom of expression;
(B) supports the ability to innovate, communicate,
and promote economic prosperity; and
(C) protects privacy and guards against deception,
fraud, and theft;
(2) 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
(3) in furtherance of the foregoing, to--
(A) provide incentives to the private sector to
accelerate development of such technologies;
(B) modernize and harmonize with allies and
partners export controls and investment screening
regimes and associated policies and regulations; and
(C) enhance United States leadership in technical
standards-setting bodies and avenues for developing
norms regarding the use of digital tools.
(b) Implementation.--In implementing the policy described in
subsection (a), the President, in consultation with outside actors,
including private sector companies, nongovernmental organizations,
security researchers, and other relevant stakeholders, in the conduct
of bilateral and multilateral relations, shall pursue the following
objectives:
(1) Clarifying the applicability of international laws and
norms to the use of information communications and technology
(ICT).
(2) Reducing and limiting 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.
(3) Cooperating 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.
(4) Encouraging the responsible development of new,
innovative technologies and ICT products that strengthen a
secure internet architecture that is accessible to all.
(5) Securing and implementing commitments on responsible
country behavior in cyberspace, including the following:
(A) Countries should not 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.
(B) Countries should take all appropriate and
reasonable efforts to keep their territories clear of
intentionally wrongful acts using ICTs in violation of
international commitments.
(C) Countries should not conduct or knowingly
support ICT activity that, contrary to international
law, intentionally damages or otherwise impairs the use
and operation of critical infrastructure providing
services to the public, and should take appropriate
measures to protect their critical infrastructure from
ICT threats.
(D) Countries should not conduct or knowingly
support malicious international activity that, contrary
to international law, harms the information systems of
authorized 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.
(E) Countries should respond to appropriate
requests for assistance to mitigate malicious ICT
activity emanating from their territory and aimed at
the critical infrastructure of another country.
(F) Countries should not restrict cross-border data
flows or require local storage or processing of data.
(G) Countries should protect the exercise of human
rights and fundamental freedoms on the internet and
recognize that the human rights that people have
offline also need to be protected online.
(6) Advancing, encouraging, and supporting the development
and adoption of internationally recognized technical standards
and best practices.
SEC. 512. BUREAU ADDRESSING CYBERSPACE AND DIGITAL POLICY.
(a) In General.--Section 1 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a), as amended by section 102 of
this Act, is further amended by adding at the end the following:
``(m) Bureau of Cyberspace and Digital Policy.--
``(1) In general.--There is established, within the
Department of State, a bureau addressing 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 policy of the United States described
in section 511 of the Department of State Authorization
Act of 2022.
``(B) Duties described.--The principal duties and
responsibilities of the head of the Bureau shall 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 the Department of State's
diplomatic cyberspace and digital efforts,
including efforts relating to international
cyber policy, deterrence and international
responses to cyber threats, information and
communications technology (ICT) security,
standards, and governance, data privacy and
data flows, Internet governance and digital
freedom, as well as coordinate and engage on
related efforts such as digital economy,
cybercrime, and other issues that the Secretary
assigns to the Bureau;
``(iii) to coordinate cyberspace policy and
other relevant functions within the Department
of State and with other components of the
United States Government, including through the
Cyberspace Policy Coordinating Committee
described in paragraph (6), and by convening
other coordinating meetings with appropriate
officials from the Department and other
components of the United States Government on a
regular basis;
``(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
the purposes of title V of the Department of
State Authorization Act of 2022;
``(vi) to act as a liaison to civil
society, the private sector, academia, and
other public and private entities on relevant
international cyberspace and ICT issues;
``(vii) to lead United States Government
efforts to uphold and further develop global
deterrence frameworks for malicious cyber
activity;
``(viii) to develop and execute adversary-
specific strategies to influence adversary
decision-making through the imposition of costs
and deterrence strategies, in coordination with
other relevant Executive agencies;
``(ix) to advise the Secretary and
coordinate with foreign governments on
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;
``(x) to promote the adoption of national
processes and programs that enable threat
detection, prevention, and response to
malicious cyber activity emanating from the
territory of a foreign country, including as
such activity relates to the United States
allies, as appropriate;
``(xi) to promote the building of foreign
capacity relating to cyberspace policy
priorities;
``(xii) to promote the maintenance of an
open, interoperable, secure, and reliable
Internet governed by the multistakeholder
model, instead of by centralized government
control;
``(xiii) to promote an international
regulatory environment for technology
investments and the Internet that benefits
United States economic and national security
interests;
``(xiv) to promote cross-border flow of
data and combat international initiatives
seeking to impose unreasonable requirements on
United States businesses;
``(xv) to promote international policies to
protect the integrity of United States and
international telecommunications infrastructure
from foreign-based threats, including cyber-
enabled threats;
``(xvi) to lead engagement, in coordination
with relevant Executive agencies, with foreign
governments on relevant international
cyberspace and digital economy issues as
described in title V of the Department of State
Authorization Act of 2022;
``(xvii) to promote international policies
to secure radio frequency spectrum for United
States businesses and national security needs;
``(xviii) to promote and protect the
exercise of human rights, including freedom of
speech and religion, through the Internet;
``(xix) to promote international
initiatives to strengthen civilian and private
sector resiliency to threats in cyberspace;
``(xx) to build capacity of United States
diplomatic officials to engage on cyberspace
issues;
``(xxi) to encourage the development and
adoption by foreign countries of
internationally recognized standards, policies,
and best practices;
``(xxii) to consult, as appropriate, with
other Executive agencies with related functions
vested in such Executive agencies by law; and
``(xxiii) 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 ICT policy issues; and
``(B) international diplomacy.
``(4) Organizational placement.--During the 1-year period
beginning on the date of the enactment of the Department of
State Authorization Act of 2022, the head of the Bureau shall
report to the Deputy Secretary of State. After the conclusion
of such period, 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 less than 15 days prior to any
change in such reporting structure, the Secretary of State
consults with and provides to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives the following:
``(A) A notification that the Secretary has, with
respect to the reporting structure of the Bureau,
consulted with and solicited feedback from--
``(i) other relevant Federal entities with
a role in international aspects of cyber
policy; and
``(ii) the elements of the Department of
State with responsibility over aspects of cyber
policy, including the elements reporting to--
``(I) the Under Secretary for
Political Affairs;
``(II) the Under Secretary for
Civilian Security, Democracy, and Human
Rights;
``(III) the Under Secretary for
Economic Growth, Energy, and the
Environment;
``(IV) the Under Secretary for Arms
Control and International Security
Affairs;
``(V) the Under Secretary for
Management; and
``(VI) the Under Secretary for
Public Diplomacy and Public Affairs.
``(B) A description of the new reporting structure
for the head of the Bureau, as well as a description of
the data and evidence used to justify such new
structure.
``(C) A plan describing how the new reporting
structure will better enable the head of the Bureau to
carry out the responsibilities specified in paragraph
(2), including the security, economic, and human rights
aspects of cyber diplomacy.
``(5) Special hiring authorities.--The Secretary of State
may (1) appoint employees without regard to the provisions of
title 5, United States Code, regarding appointments in the
competitive service; and (2) fix the basic compensation of such
employees without regard to chapter 51 and subchapter III of
chapter 53 of such title regarding classification and General
Schedule pay rates.
``(6) Rule of construction.--Nothing in this subsection may
be construed 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).
``(7) Coordination.--
``(A) Cyberspace policy coordinating committee.--In
conjunction with establishing the Bureau pursuant to
this subsection, there is established a senior-level
Cyberspace Policy Coordinating Committee to ensure that
cyberspace issues receive broad senior level-attention
and coordination across the Department of State and
provide ongoing oversight of such issues. The
Cyberspace Policy Coordinating Committee shall be
chaired by the head of the Bureau or an official of the
Department of State holding a higher position, and
operate on an ongoing basis, meeting not less
frequently than quarterly. Committee members shall
include appropriate officials at the Assistant
Secretary level or higher from--
``(i) the Under Secretariat for Political
Affairs;
``(ii) the Under Secretariat for Civilian
Security, Democracy, and Human Rights;
``(iii) the Under Secretariat for Economic
Growth, Energy and the Environment;
``(iv) the Under Secretariat for Arms
Control and International Security;
``(v) the Under Secretariat for Management;
``(vi) the Under Secretariat for Public
Diplomacy and Public Affairs;
``(vii) the Special Envoy for Critical and
Emerging Technology; and
``(viii) other senior level Department
participants, as appropriate.
``(B) Other meetings.--The head of the Bureau shall
convene other coordinating meetings with appropriate
officials from the Department of State and other
components of the United States Government to ensure
regular coordination and collaboration on crosscutting
cyber policy issues.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Bureau established under section 1(m) of the State
Department Basic Authorities Act of 1956, as added by
subsection (a), should have a diverse workforce composed of
qualified individuals, including such individuals from
traditionally under-represented groups; and
(2) 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 511.
SEC. 513. INTERNATIONAL CYBERSPACE EXECUTIVE ARRANGEMENTS.
(a) In General.--The President is encouraged to enter into
executive arrangements with foreign governments that support the policy
described in section 511.
(b) Transmission to Congress.--Section 112b of title 1, United
States Code, is amended--
(1) in subsection (a) by striking ``International
Relations'' and inserting ``Foreign Affairs'';
(2) in subsection (e)(2)(B), by adding at the end the
following new clause:
``(iii) A bilateral or multilateral
cyberspace agreement.'';
(3) by redesignating subsection (f) as subsection (g); and
(4) by inserting after subsection (e) the following new
subsection:
``(f) With respect to any bilateral or multilateral cyberspace
agreement under subsection (e)(2)(B)(iii) and the information required
to be transmitted to Congress under subsection (a), or with respect to
any arrangement that seeks to secure commitments on responsible country
behavior in cyberspace consistent with section 511(b)(5) of the
Department of State Authorization Act of 2022, the Secretary of State
shall provide an explanation of such arrangement, including--
``(1) the purpose of such arrangement;
``(2) how such arrangement is consistent with the policy
described in section 511 of such Act; and
``(3) how such arrangement will be implemented.''.
(c) Status Report.--During the 5-year period immediately following
the transmittal to Congress of an agreement described in clause (iii)
of section 112b(e)(2)(B) of title 1, United States Code, as added by
subsection (b)(2), or until such agreement has been discontinued, if
discontinued within 5 years, the President shall--
(1) notify the appropriate congressional committees if
another country fails to adhere to significant commitments
contained in such agreement; and
(2) describe the steps that the United States has taken or
plans to take to ensure that all such commitments are
fulfilled.
(d) Existing Executive Arrangements.--Not later than 180 days after
the date of the enactment of this Act, the Secretary shall brief the
appropriate congressional committees regarding any executive bilateral
or multilateral cyberspace arrangement in effect before the date of
enactment of this Act, including--
(1) the arrangement announced between the United States and
Japan on April 25, 2014;
(2) the arrangement announced between the United States and
the United Kingdom on January 16, 2015;
(3) the arrangement announced between the United States and
China on September 25, 2015;
(4) the arrangement announced between the United States and
Korea on October 16, 2015;
(5) the arrangement announced between the United States and
Australia on January 19, 2016;
(6) the arrangement announced between the United States and
India on June 7, 2016;
(7) the arrangement announced between the United States and
Argentina on April 27, 2017;
(8) the arrangement announced between the United States and
Kenya on June 22, 2017;
(9) the arrangement announced between the United States and
Israel on June 26, 2017;
(10) the arrangement announced between the United States
and France on February 9, 2018;
(11) the arrangement announced between the United States
and Brazil on May 14, 2018; and
(12) any other similar bilateral or multilateral
arrangement announced before such date of enactment.
SEC. 514. INTERNATIONAL STRATEGY FOR CYBERSPACE.
(a) 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.
(b) Elements.--The strategy required under subsection (a) shall
include the following:
(1) A review of actions and activities undertaken to
support the policy described in section 511.
(2) A plan of action to guide the diplomacy of the
Department with regard to foreign countries, including--
(A) conducting bilateral and multilateral
activities to--
(i) develop and support the implementation
of norms of responsible country behavior in
cyberspace consistent with the objectives
specified in section 511(b)(5);
(ii) reduce the frequency and severity of
cyberattacks on United States individuals,
businesses, governmental agencies, and other
organizations;
(iii) reduce cybersecurity risks to United
States and allied critical infrastructure;
(iv) 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
(v) share best practices and advance
proposals to strengthen civilian and private
sector resiliency to threats and access to
opportunities in cyberspace; and
(B) reviewing the status of existing efforts in
relevant multilateral fora, as appropriate, to obtain
commitments on international norms in cyberspace.
(3) A review of alternative concepts with regard to
international norms in cyberspace offered by foreign countries.
(4) A detailed description of new and evolving threats in
cyberspace from foreign adversaries, state-sponsored actors,
and non-state actors to--
(A) United States national security;
(B) Federal and private sector cyberspace
infrastructure of the United States;
(C) intellectual property in the United States; and
(D) the privacy and security of citizens of the
United States.
(5) A review of 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.
(6) A review of resources required to conduct activities to
build responsible norms of international cyber behavior.
(7) A review of whether the budgetary resources, technical
expertise, legal authorities, and personnel available to the
Department and other relevant Federal agencies are adequate to
achieve the actions and activities undertaken to support the
policy described in section 511.
(8) A review of whether the Department is properly
organized and coordinated with other Federal agencies to
achieve the objectives described in section 511.
(9) A plan of action, developed in consultation with
relevant Federal departments and agencies as the President may
direct, to guide the diplomacy of the Department with regard to
inclusion of cyber issues in mutual defense agreements.
(c) Form of Strategy.--
(1) Public availability.--The strategy required under
subsection (a) shall be available to the public in unclassified
form, including through publication in the Federal Register.
(2) Classified annex.--The strategy required under
subsection (a) may include a classified annex, consistent with
United States national security interests, if the Secretary
determines that such annex is appropriate.
(d) Briefing.--Not later than 30 days after the completion of the
strategy required under subsection (a), the Secretary shall brief the
appropriate congressional committees on the strategy, including any
material contained in a classified annex.
(e) Updates.--The strategy required under subsection (a) shall be
updated--
(1) not later than 90 days after any material change to
United States policy described in such strategy; and
(2) not later than one year after the inauguration of each
new President.
SEC. 515. ADDITION TO ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.
The Foreign Assistance Act of 1961 is amended--
(1) in section 116 (22 U.S.C. 2151n), by adding at the end
the following new subsection:
``(h)(1) The report required under subsection (d) shall include an
assessment of freedom of expression with respect to electronic
information in each foreign country, which information should include,
to the extent practicable, the following:
``(A) An assessment of the extent to which government
authorities inappropriately attempt to filter, censor, or
otherwise block or remove nonviolent expression of political or
religious opinion or belief through the Internet, including
electronic mail, and a description of the means by which such
authorities attempt to inappropriately block or remove such
expression.
``(B) An assessment of the extent to which government
authorities in the country have persecuted or otherwise
punished, arbitrarily and without due process, an individual or
group for the nonviolent expression of political, religious, or
ideological opinion or belief through the Internet, including
electronic mail.
``(C) An assessment of the extent to which government
authorities have sought, inappropriately and with malicious
intent, to collect, request, obtain, or disclose without due
process personally identifiable information of a person in
connection with that person's nonviolent expression of
political, religious, or ideological opinion or belief,
including expression that would be protected by the
International Covenant on Civil and Political Rights, adopted
at New York December 16, 1966, and entered into force March 23,
1976, as interpreted by the United States.
``(D) An assessment of the extent to which wire
communications and electronic communications are monitored
without due process and in contravention to United States
policy with respect to privacy, human rights, democracy, and
rule of law.
``(2) In compiling data and making assessments under paragraph (1),
United States diplomatic personnel should consult with relevant
entities, including human rights organizations, the private sector, the
governments of like-minded countries, technology and Internet
companies, and other appropriate nongovernmental organizations or
entities.
``(3) In this subsection--
``(A) the term `electronic communication' has the meaning
given the term in section 2510 of title 18, United States Code;
``(B) the term `Internet' has the meaning given the term in
section 231(e)(3) of the Communications Act of 1934 (47 U.S.C.
231(e)(3));
``(C) the term `personally identifiable information' means
data in a form that identifies a particular person; and
``(D) the term `wire communication' has the meaning given
the term in section 2510 of title 18, United States Code.'';
and
(2) in section 502B (22 U.S.C. 2304)--
(A) by redesignating the second subsection (i)
(relating to child marriage) as subjection (j); and
(B) by adding at the end the following new
subsection:
``(k)(1) The report required under subsection (b) shall include an
assessment, to the extent practicable, of freedom of expression with
respect to electronic information in each foreign country, which
information should include the following:
``(A) An assessment of the extent to which government
authorities inappropriately attempt to filter, censor, or
otherwise block or remove nonviolent expression of political or
religious opinion or belief through the Internet, including
electronic mail, and a description of the means by which such
authorities attempt to inappropriately block or remove such
expression.
``(B) An assessment of the extent to which government
authorities have persecuted or otherwise punished, arbitrarily
and without due process, an individual or group for the
nonviolent expression of political, religious, or ideological
opinion or belief through the Internet, including electronic
mail.
``(C) An assessment of the extent to which government have
sought, inappropriately and with malicious intent, to collect,
request, obtain, or disclose without due process personally
identifiable information of a person in connection with that
person's nonviolent expression of political, religious, or
ideological opinion or belief, including expression that would
be protected by the International Covenant on Civil and
Political Rights, adopted at New York December 16, 1966, and
entered into force March 23, 1976, as interpreted by the United
States.
``(D) An assessment of the extent to which wire
communications and electronic communications are monitored
without due process and in contravention to United States
policy with respect to privacy, human rights, democracy, and
rule of law.
``(2) In compiling data and making assessments under paragraph (1),
United States diplomatic personnel should consult with relevant
entities, including human rights organizations, the private sector, the
governments of like-minded countries, technology and Internet
companies, and other appropriate nongovernmental organizations or
entities.
``(3) In this subsection--
``(A) the term `electronic communication' has the meaning
given the term in section 2510 of title 18, United States Code;
``(B) the term `Internet' has the meaning given the term in
section 231(e)(3) of the Communications Act of 1934 (47 U.S.C.
231(e)(3));
``(C) the term `personally identifiable information' means
data in a form that identifies a particular person; and
``(D) the term `wire communication' has the meaning given
the term in section 2510 of title 18, United States Code.''.
SEC. 516. GAO REPORT ON CYBER DIPLOMACY.
Not later than 1 year 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--
(1) 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 in cyberspace, including the policy
described in section 511;
(2) an assessment of the Department's organizational
structure and approach to managing its diplomatic efforts to
advance the full range of United States interests in
cyberspace, including a review of--
(A) the establishment of a Bureau in the Department
to lead the Department's international cyber mission;
(B) the current or proposed diplomatic mission,
structure, staffing, funding, and activities of the
Bureau;
(C) how the establishment of the Bureau has
impacted or is likely to impact the structure and
organization of the Department; and
(D) what challenges, if any, the Department has
faced or will face in establishing such Bureau; and
(3) any other matters determined relevant by the
Comptroller General.
SEC. 517. 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 and the Director of the Cybersecurity and
Infrastructure Security Agency, in coordination with the Secretary of
Defense and other relevant Federal agencies, shall submit a report to
the appropriate congressional committees that assess the Department and
the Cybersecurity and Infrastructure Security Agency's capabilities to
provide civilian-led support for acute cyber incident response in ally
and partner countries that includes--
(1) an assessment of the Department and the Cyber and
Infrastructure Security Agency's current and previous efforts
to support the Department of Defense Hunt Forward missions;
(2) recommendations for creating a civilian-led program to
support allies and partners in responding to acute cyber
incidents; and
(3) the budgetary resources, technical expertise, legal
authorities, and personnel needed for the Department and the
Cybersecurity and Infrastructure Security Agency to formulate
and implement such a program outlined in this section.
SEC. 518. CYBERSECURITY RECRUITMENT AND RETENTION.
(a) Technology Talent Acquisition.--
(1) Establishment.--The Secretary shall establish at least
three positions within the Bureau of Global Talent Management
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.
(2) Goals.--The goals of these positions will be--
(A) to fulfill the critical need of the Department
to recruit employees for cybersecurity, digital, and
technology positions;
(B) to fulfill the critical need of the Department
to retain employees for cybersecurity, digital, and
technology positions;
(C) to actively recruit relevant candidates from
academic institutions, the private sector, and related
industries;
(D) 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
(E) to inform and train supervisors at the
Department on the use of the authorities listed in
subsection (2)(a).
(3) Implementation plan.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit
to the appropriate congressional committees an implementation
plan to execute the objectives outlined in paragraphs (1) and
(2).
(4) Authorization of appropriations.--There is authorized
to be appropriated $750,000 for each of fiscal years 2023
through 2027 to carry out this section.
(b) 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 to the
appropriate congressional committees a report, which shall include--
(1) a list of the hiring authorities currently 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;
(2) a list of which hiring authorities outlined in
subsection (b)(1) have been used in the previous five years;
(3) the number of employees in qualified positions hired,
aggregated by position and grade level or pay band;
(4) the placement of employees in qualified positions,
aggregated by bureau and offices within the Department;
(5) 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;
(6) the number of individuals who are interviewed by
subject matter experts and the number who are not; and
(7) recommendations for--
(A) improving the attrition rate identified in
subsection (b)(5) by 5 percent each year;
(B) additional hiring authorities needed to acquire
needed technology talent;
(C) hiring personnel to hold public trust positions
until they can obtain the necessary security clearance;
and
(D) informing and training supervisors within the
Department on the use of the authorities listed in
subsection (a)(2)(a).
SEC. 519. SHORT COURSE ON EMERGING TECHNOLOGIES FOR SENIOR OFFICIALS.
(a) 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 that addresses how the
most recent and relevant technologies affect the activities of the
Department.
(b) Throughput Objectives.--The Secretary shall ensure that--
(1) in the first year that the course is offered, not fewer
than 20 percent of senior officials are certified as having
passed the course; and
(2) in each subsequent year, until the date that 80 percent
of senior officials are certified as having passed such course,
an additional 10 percent of senior officials are so certified.
SEC. 520. ESTABLISHMENT AND EXPANSION OF THE REGIONAL TECHNOLOGY
OFFICER PROGRAM.
(a) Regional Technology Officer Program.--
(1) Establishment.--The Secretary should establish a
program to be known as the ``Regional Technology Officer
Program''.
(2) Goals.--The goals of the Program shall be--
(A) to promote United States leadership in
technology abroad;
(B) to work with partners to energize critical and
emerging technology ecosystems that support democratic
values;
(C) to shape diplomatic agreements in regional and
international forums with respect to critical and
emerging technologies;
(D) to build diplomatic post capacities for
handling critical and emerging technology issues;
(E) to engage with non-traditional stakeholders
that facilitate the growth of critical and emerging
technology, including research labs, incubators, and
venture capitalists; and
(F) to maintain the advantages of the United States
with respect to critical and emerging technologies.
(b) Implementation Plan.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees an implementation plan, which
shall outline strategies--
(1) to advance the goals described in subsection (a)(2);
(2) to hire Regional Technology Officers and increase the
competitiveness for the Program within the Foreign Service
bidding process;
(3) to expand the Program to include a minimum of 15
Regional Technology Officers; and
(4) to assign not fewer than 2 Regional Technology Officers
to posts within--
(A) the Bureau of African Affairs;
(B) the Bureau of East Asian and Pacific Affairs;
(C) the Bureau of European and Eurasian Affairs;
(D) the Bureau of Near Eastern Affairs;
(E) the Bureau of South and Central Asian Affairs;
(F) the Bureau of Western Hemisphere Affairs; and
(G) the Bureau of International Organization
Affairs.
(c) 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 on the status of the implementation plan
required by subsection (b).
(d) Authorization of Appropriations.--There is authorized to be
appropriated $100,000,000 for each of fiscal years 2023 through 2027 to
carry out this section.
TITLE VI--PUBLIC DIPLOMACY
SEC. 601. INTERNATIONAL FAIRS AND EXPOSITIONS.
(a) In General.--Notwithstanding 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), funds appropriated or otherwise
made available for the Department of State in any fiscal year may be
obligated and expended for United States participation in international
fairs and expositions abroad, including for construction and operation
of United States pavilions or other major exhibits, subject to
subsections (b), (c), (d), and (e).
(b) Authorization of Appropriations.--There is authorized to be
appropriated $20,000,000 to the Department for United States
participation in international fairs and expositions abroad, including
for construction and operation of pavilions or other major exhibits.
(c) Limitation on Solicitation of Funds.--Senior employees of the
Department, in their official capacity, may not solicit funds to pay
expenses for a United States pavilion or other major exhibit at any
international exposition or world's fair registered by the Bureau of
International Expositions.
(d) Cost-Share Requirement.--Funds made available pursuant to
subsections (a) and (b) to the Department of State 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.
(e) Notification.--
(1) In general.--No funds made available pursuant to
subsection (a) or (b) to the Department of State for a United
States pavilion or other major exhibit at an international fair
or exposition abroad may be obligated until--
(A) the appropriate congressional committees have
been notified of such intended obligation; and
(B) a period of not fewer than 15 days has elapsed
following such notification.
(2) Matters to be included.--Each notification under
paragraph (1) shall include the following:
(A) A description of the source of such funds,
including any funds reprogrammed or transferred by the
Department of State to be made available for such
pavilion or other major exhibit abroad.
(B) An estimate of the amount of investment such
pavilion or other major exhibit abroad could bring to
the United States.
(C) 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 (d).
(f) 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 as specified in this section, the
Secretary of State shall submit to the appropriate congressional
committees a report that includes--
(1) the number of United States businesses that
participated in such pavilion or other major exhibit; and
(2) the dollar amount and source of any matching funds
obtained by the Department.
(g) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
(2) The Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
SEC. 602. GLOBAL ENGAGEMENT CENTER.
(a) In General.--Section 1287(j) of the National Defense
Authorization Act for Fiscal Year 2017 (22 U.S.C. 2656 note) is amended
by striking ``the date that is 8 years after the date of the enactment
of this Act'' and inserting ``December 31, 2027''.
(b) Hiring Authority for Global Engagement Center.--Notwithstanding
any other provision of law, the Secretary, during the 5-year period
beginning on the date of the enactment of this Act and solely to carry
out the functions of the Global Engagement Center described in section
1287(b) of the National Defense Authorization Act for Fiscal Year 2017
(22 U.S.C. 2656 note), may--
(1) appoint employees without regard to appointment in the
competitive service; and
(2) fix the basic compensation of such employees regarding
classification and General Schedule pay rates.
SEC. 603. PAPERWORK REDUCTION ACT.
Chapter 35 of title 44, United States Code (commonly known as the
``Paperwork Reduction Act''), shall not apply to the collection of
information directed at any individuals conducted by, or on behalf of,
the Department for the purpose of audience research, monitoring, and
evaluations, and in connection with the Department's activities
conducted pursuant to the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1431 et seq.).
SEC. 604. CULTURAL ANTIQUITIES TASK FORCE.
The Secretary, in consultation with the Assistant Secretary of
State for the Bureau of Educational and Cultural Affairs, is authorized
to make available up to $1,000,000 of the amounts appropriated for the
Bureau of Educational and Cultural Affairs for grants to carry out the
activities of the Cultural Antiquities Task Force.
SEC. 605. UNDER SECRETARY FOR PUBLIC DIPLOMACY.
Section 1(b)(3) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) 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.''.
TITLE VII--OTHER MATTERS
SEC. 701. 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--
(1) 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)'';
(2) by striking ``11(c)(2)(B) of such Act'' and inserting
``1760(c)(2) of such Act (50 U.S.C. 4819(c)(2))'';
(3) 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
(4) 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. 702. CONGRESSIONAL OVERSIGHT, QUARTERLY REVIEW, AND AUTHORITY
RELATING TO CONCURRENCE PROVIDED BY CHIEFS OF MISSION FOR
THE PROVISION OF SUPPORT RELATING TO CERTAIN UNITED
STATES GOVERNMENT OPERATIONS.
(a) Notification Required.--Not later than 30 days after the date
on which a chief of mission provides concurrence for the provision of
United States Government support to entities or individuals engaged in
facilitating or supporting United States Government operations within
the area of responsibility of the chief of mission, the Secretary shall
notify the appropriate congressional committees of the provision of
such concurrence.
(b) Semiannual Review, Determination, and Briefing Required.--Not
less frequently than every 180 days, the Secretary shall, in order to
ensure support described in subsection (a) continues to align with
United States foreign policy objectives and the objectives of the
Department--
(1) conduct a review of any concurrence described in
subsection (a) in effect as of the date of the review;
(2) based on the review, determine whether to revoke any
such concurrence pending further study and review; and
(3) brief the appropriate congressional committees on the
results of the review and any determinations to revoke
concurrence pursuant to such review.
(c) Revocation of Concurrence.--If the Secretary determines to
revoke any concurrence described in subsection (a) pursuant to a review
conducted under subsection (b), the Secretary may revoke such
concurrence.
(d) Annual Report Required.--Not later than January 31 of each
year, the Secretary shall submit to the appropriate congressional
committees a report that includes the following:
(1) A description of any support described in subsection
(a) that was provided with the concurrence of a chief of
mission during the calendar year preceding the calendar year in
which the report is submitted.
(2) An analysis of the effects of the support described in
paragraph (1) on diplomatic lines of effort, including with
respect to the following:
(A) Nonproliferation, Anti-terrorism, Demining, and
Related Programs and associated Anti-Terrorism
Assistance programs.
(B) International Narcotics Control and Law
Enforcement programs.
(C) Foreign Military Sales, Foreign Military
Financing, and associated training programs.
SEC. 703. REGIONAL CIVILIAN INTERAGENCY MECHANISM STUDY.
(a) Study.--The Secretary, in consultation with the Secretary of
Defense, Secretary of the Treasury, Secretary of Commerce, Secretary of
Homeland Security, the Attorney General, and other appropriate
organizations and governmental agencies, shall conduct a study to
assess the suitability and feasibility of establishing regional
civilian interagency mechanisms, as described in the findings and
recommendations of the ``Report on Gray Zone Activities'' published in
2017 by the Department's International Security Advisory Board.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a report on the results of the study conducted
pursuant to subsection (a).
(c) Elements.--The report required under subsection (b) shall
include the following elements:
(1) An assessment of the challenges that the Department
faces within the current interagency process in deliberating,
shaping, and implementing United States foreign policy.
(2) An assessment of the feasibility of establishing an
independent, civilian counterpart mechanism to the Combatant
Commands of the Department of Defense.
(3) An assessment of what challenges, particularly in
countering gray zone threats, these mechanisms might help
resolve by coordinating policy execution across all instruments
of national power.
(4) An assessment of what opportunities, including in gray
zone activities, these mechanisms might better exploit by
coordinating policy execution across all instruments of
national power.
(5) As assessment of what other agencies should be included
in these regional mechanisms to help better facilitate the
execution of United States foreign policy.
(6) An assessment of the advantages and disadvantages of
the various organizational structures (or other models that the
Secretary determines appropriate) outlined in the ``Report on
Gray Zone Activities'' published in 2017 by the Department's
International Security Advisory Board.
(7) An assessment of the risks and benefits of collocating
such civilian mechanisms with the combatant commands (or
additional locations that the Secretary determines
appropriate), including an estimation and description of any
costs associated with creating these entities.
(8) An assessment of what efficiencies and inefficiencies
would result by the creation of such coordinating mechanisms,
the associated risks of these new entities, and plausible
options to mitigate such risks.
(9) A description of the resources and authorizations that
would be required to establish such civilian mechanisms.
SEC. 704. MODIFICATION OF PRIOR NOTIFICATION OF SHIPMENT OF ARMS.
Subsection (i) of section 36 of the Arms Export Control Act (22
U.S.C. 2776) is amended to read as follows:
``(i) Prior Notification of Shipment of Arms.--At least 30 days
prior to the initial and final shipment of a sale of defense articles
subject to the requirements of subsection (b), the President shall
submit to the Chairperson and Ranking Member of the Committee on
Foreign Relations of the Senate and the Chairperson and Ranking Member
of the Committee on Foreign Affairs of the House of Representatives a
notification of such pending shipment. Such notification shall be
submitted in unclassified form, but may include a classified annex.''.
SEC. 705. 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 or 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. 706. 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--
(1) 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
(2) collaboration with other parts of the Federal
Government to build a robust supply chain for critical minerals
necessary to manufacture clean energy technologies.
SEC. 707. ENSURING THE INTEGRITY OF COMMUNICATIONS COOPERATION.
(a) Determination.--Notwithstanding any other provision of law, not
later than 15 days after the date on which any Chief of Mission
determines that communications equipment provided by the United States
Government to a foreign government has been used for a purpose other
than the purpose for which the equipment was authorized, the Secretary
shall submit to the appropriate congressional committees--
(1) a notification, which shall be submitted in
unclassified form, that indicates that such an incident
occurred and the country in which it occurred; and
(2) a notification, which may be submitted in classified
form, that describes the incident concerned, including a
description of--
(A) the Federal department or agency that provided
the equipment;
(B) the foreign entity or individual that used the
equipment for unlawful purposes; and
(C) how the equipment was used in an unlawful
manner.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Armed Services, and the Select Committee on Intelligence of the
Senate.
SEC. 708. REPORT ON THE USE OF DATA AND DATA SCIENCE AT THE DEPARTMENT
OF STATE.
Not later than 180 days after the date of the enactment of this
Act, the Comptroller General shall submit to the appropriate
congressional committees a report containing the results of a study
regarding--
(1) the use of data in foreign policy, global issues policy
analysis, and decision-making at the Department;
(2) the use of data in development, development assistance
policy, and development program design and execution at the
United States Agency for International Development; and
(3) the use of data in recruitment, hiring, retention, and
personnel decisions at the Department, including the accuracy
and use of data for comprehensive strategic workforce planning
across all career and non-career hiring mechanisms.
SEC. 709. EMERGENCY MEDICAL SERVICES AUTHORITY.
Section 3 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2670) is amended--
(1) in subsection (l), by striking ``and'' after the
semicolon;
(2) in subsection (m), by striking the period and inserting
``; and''; and
(3) by adding at the end the following new subsection:
``(n) in exigent circumstances, as determined by the Secretary,
provide emergency medical services or related support for private
United States citizens, nationals, and permanent resident aliens
abroad, or third country nationals connected to such persons or to the
diplomatic or development missions of the United States abroad, who are
unable to obtain such services or support otherwise, with such
assistance provided on a reimbursable basis to the extent feasible.''.
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