[Congressional Record Volume 168, Number 162 (Tuesday, October 11, 2022)]
[Senate]
[Pages S6526-S6546]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6445. Mr. REED (for Mr. Menendez) submitted an amendment intneded
to be proposed to amendment SA 5499 proposed by Mr. Reed (for himslef
and Mr. Inhofe) to the bill H.R. 7900, to authorize appropriations for
fiseal year 2023 for military activities of the Department of Defense
and for military construction, and for defense activities of the
Department of Energy, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
DIVISION E--DEPARTMENT OF STATE AUTHORIZATIONS
SEC. 5001. SHORT TITLE.
This division may be cited as the ``Department of State
Authorization Act of 2022''.
SEC. 5002. DEFINITIONS.
In this division:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Agency for International
Development.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives.
(3) Department.--Unless otherwise specified, the term
``Department'' means the Department of State.
(4) Secretary.--Unless otherwise specified, the term
``Secretary'' means the Secretary of State.
(5) USAID.--The term ``USAID'' means the United States
Agency for International Development.
TITLE LI--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE
SEC. 5101. 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) the Secretary should take steps to address staffing
shortfalls in the chemical, biological, and nuclear weapons
issue areas in the Bureau of Arms Control, Verification, and
Compliance and in the Bureau of International Security and
Nonproliferation;
(2) maintaining a fully staffed and resourced Bureau of
Arms Control, Verification, and Compliance and Bureau of
International Security and Nonproliferation is necessary to
effectively confront the threat of increased global
proliferation; and
(3) the Bureau of Arms Control, Verification, and
Compliance and the Bureau of International Security and
Nonproliferation should increase efforts and dedicate
resources to combat the dangers posed by the People's
Republic of China's conventional and nuclear build-up, the
Russian Federation's tactical nuclear weapons and new types
of nuclear weapons, bioweapons proliferation, dual use of
life sciences research, and chemical weapons.
SEC. 5102. 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
[[Page S6527]]
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, the
Select Committee on Intelligence of the Senate, the Committee
on Foreign Affairs of the House of Representatives, and the
Permanent Select Committee on Intelligence of the House of
Representatives of such determination and provide such
committees with a summary of the facts that led to such
determination.
``(2) Form.--The notification described in paragraph (1)(B)
may be classified, if necessary.''.
SEC. 5103. 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. 5104. 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. 5105. 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. 5106. CULTURAL ANTIQUITIES TASK FORCE.
The Secretary is authorized to use up to $1,000,000 for
grants to carry out the activities of the Cultural
Antiquities Task Force.
SEC. 5107. BRIEFING ON ``CHINA HOUSE''.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of State shall brief the appropriate
congressional committees regarding the organizational
structure, personnel, resources, and mission of the
Department of State's ``China House'' team.
SEC. 5108. OFFICE OF SANCTIONS COORDINATION.
(a) Extension of Authorities.--Section 1 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is
amended, in paragraph (4)(B) of subsection (l), as
redesignated by section 5502(a)(2) of this Act, by striking
``the date that is two years after the date of the enactment
of this subsection'' and inserting ``December 31, 2024''.
(b) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Treasury, or
designee, shall brief the appropriate congressional
committees with respect to the steps that the Office of
Sanctions Coordination has taken to coordinate its activities
with the Department of the Treasury and humanitarian aid
programs, in an effort to help ensure appropriate flows of
humanitarian assistance and goods to countries subject to
United States sanctions.
TITLE LII--PERSONNEL ISSUES
SEC. 5201. DEPARTMENT OF STATE PAID STUDENT INTERNSHIP
PROGRAM.
(a) In General.--The Secretary shall establish the
Department of State Student Internship Program (referred to
in this section as the ``Program'') to offer internship
opportunities at the Department to eligible students to raise
awareness of the essential role of diplomacy in the conduct
of United States foreign policy and the realization of United
States foreign policy objectives.
(b) Eligibility.--An applicant is eligible to participate
in the Program if the applicant--
(1) is enrolled at least half-time at--
(A) an institution of higher education (as such term is
defined in section 102(a) of the Higher Education Act of 1965
(20 U.S.C. 1002(a))); or
(B) an institution of higher education based outside the
United States, as determined by the Secretary of State; and
(2) is eligible 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--
(1) widely advertise the Program, including--
(A) on the internet;
(B) through the Department's Diplomats in Residence
program; and
(C) through other outreach and recruiting initiatives
targeting undergraduate and graduate students; and
(2) conduct targeted outreach to encourage participation in
the Program from--
(A) individuals belonging to an underrepresented group; and
(B) students enrolled at minority-serving institutions
(which shall include any institution listed in section 371(a)
of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
(e) Compensation.--
(1) Housing assistance.--
(A) Abroad.--The Secretary shall provide housing assistance
to any student participating in the Program whose permanent
address is within the United States if the location of the
internship in which such student is participating is outside
of the United States.
(B) Domestic.--The Secretary may provide housing assistance
to a student participating in the Program whose permanent
address is within the United States if the location of the
internship in which such student is participating is more
than 50 miles away from such student's permanent address.
(2) Travel assistance.--The Secretary shall provide a
student participating in the Program whose permanent address
is within the United States with financial assistance that is
sufficient to cover the travel costs of a single round trip
by air, train, bus, or other appropriate transportation
between the student's permanent address and the location of
the internship in which such student is participating if such
location is--
(A) more than 50 miles from the student's permanent
address; or
(B) outside of the United States.
(f) Working With Institutions of Higher Education.--The
Secretary, to the maximum extent practicable, shall structure
internships to ensure that such internships satisfy criteria
for academic credit at the institutions of higher education
in which participants in such internships are enrolled.
(g) Transition Period.--
(1) In general.--Except as provided in paragraphs (2) and
(3), beginning not later than 2 years after the date of the
enactment of this Act--
(A) the Secretary shall convert unpaid internship programs
of the Department, including the Foreign Service Internship
Program, to internship programs that offer compensation; and
(B) upon selection as a candidate for entry into an
internship program of the Department, a participant in such
internship program may refuse compensation, including if
doing so allows such participant to receive college or
university curricular credit.
(2) Exception.--The transition required under paragraph (1)
shall not apply to unpaid internship programs of the
Department that are part of the Virtual Student Federal
Service internship program.
(3) Waiver.--
(A) In general.--The Secretary may waive the requirement
under paragraph (1)(A) with respect to a particular unpaid
internship program if the Secretary, not later than 30 days
after making a determination that the conversion of such
internship program to a compensated internship program would
not be consistent with effective management goals, submits a
report explaining such determination to--
(i) the appropriate congressional committees;
(ii) the Committee on Appropriations of the Senate; and
(iii) the Committee on Appropriations of the House of
Representatives.
[[Page S6528]]
(B) Report.--The report required under subparagraph (A)
shall--
(i) describe the reasons why converting an unpaid
internship program of the Department to an internship program
that offers compensation would not be consistent with
effective management goals; and
(ii)(I) provide justification for maintaining such unpaid
status indefinitely; or
(II) identify any additional authorities or resources that
would be necessary to convert such unpaid internship 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 of State shall
submit a report to the committees referred to in subsection
(g)(3)(A) that includes--
(1) data, to the extent the collection of such information
is permissible by law, regarding the number of students who
applied to the Program, were offered a position, and
participated, respectively, disaggregated by race, ethnicity,
sex, institution of higher education, home State, State where
each student graduated from high school, and disability
status;
(2) data regarding the number of security clearance
investigations initiated for the students described in
paragraph (1), including the timeline for such
investigations, whether such investigations were completed,
and when an interim security clearance was granted;
(3) information on Program expenditures; and
(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 under 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
Director of 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 in the excepted service;
and
(2) remove any compensated intern employed pursuant to
paragraph (1) without regard to the provisions of law
governing appointments in the competitive excepted service.
SEC. 5202. IMPROVEMENTS TO THE PREVENTION OF, AND THE
RESPONSE TO, HARASSMENT, DISCRIMINATION, SEXUAL
ASSAULT, AND RELATED RETALIATION.
(a) Policies.--The Secretary should develop and strengthen
policies regarding harassment, discrimination, sexual
assault, and related retaliation, including policies for--
(1) addressing, reporting, and providing transitioning
support;
(2) advocacy, service referrals, and travel accommodations;
and
(3) disciplining anyone who violates Department policies
regarding harassment, discrimination, sexual assault, or
related retaliation occurring between covered individuals and
noncovered individuals.
(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 ``upon receiving notification from the
Bureau of Diplomatic Security that such member has engaged in
criminal misconduct, such as murder, rape, or other sexual
assault'' before the period at the end.
(2) Update to manual.--The Director of Global Talent
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
under paragraph (1); and
(B) communicate such updates to Department staff through
publication in Department Notices.
(c) Sexual Assault Prevention and Response Victim
Advocates.--
(1) Placement.--The Secretary shall ensure that the
Diplomatic Security Service's Victims' Resource Advocacy
Program--
(A) is appropriately staffed by advocates who are
physically present at--
(i) the headquarters of the Department; and
(ii) major domestic and international facilities and
embassies, as determined by the Secretary;
(B) considers the logistics that are necessary to allow for
the expedient travel of victims from Department facilities
that do not have advocates; and
(C) 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. 5203. INCREASING THE MAXIMUM AMOUNT AUTHORIZED FOR
SCIENCE AND TECHNOLOGY FELLOWSHIP GRANTS AND
COOPERATIVE AGREEMENTS.
Section 504(e)(3) of the Foreign Relations Authorization
Act, Fiscal Year 1979 (22 U.S.C. 2656d(e)(3)) is amended by
striking ``$500,000'' and inserting ``$2,000,000''.
SEC. 5204. ADDITIONAL PERSONNEL TO ADDRESS BACKLOGS IN HIRING
AND INVESTIGATIONS.
(a) In General.--The Secretary shall seek to increase the
number of personnel within the Bureau of Global Talent
Management and the Office of Civil Rights to address backlogs
in hiring and investigations into complaints conducted by the
Office of Civil Rights.
(b) Employment Targets.--The Secretary shall 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. 5205. FOREIGN AFFAIRS TRAINING.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Department is a crucial national security agency,
whose employees, both Foreign Service and Civil Service,
require the best possible training and professional
development at every stage of their careers to prepare them
to promote and defend United States national interests and
the health and safety of United States citizens abroad;
(2) the Department faces increasingly complex and rapidly
evolving challenges, many of which are science- and
technology-driven, and which demand continual, high-quality
training and professional development of its personnel;
(3) the new and evolving challenges of national security in
the 21st century necessitate the expansion of standardized
training and professional development opportunities linked to
equitable, accountable, and transparent promotion and
leadership practices for Department and other national
security agency personnel; and
(4) consistent with gift acceptance authority of the
Department and other applicable laws in effect as of the date
of the enactment of this Act, the Department and the Foreign
Service Institute may accept funds and other resources from
foundations, not-for-profit corporations, and other
appropriate sources to help the Department and the Institute
enhance the quantity and quality of training and professional
development offerings, especially in the introduction of new,
innovative, and pilot model courses.
(b) Defined Term.--In this section, the term ``appropriate
committees of Congress'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
(c) Training and Professional Development Prioritization.--
In order to provide the Civil Service of the Department and
the Foreign Service with the level of professional
development and training needed to effectively advance United
States interests across the world, the Secretary shall--
(1) increase relevant offerings provided by the
Department--
(A) of interactive virtual instruction to make training and
professional development more accessible and useful to
personnel deployed throughout the world; or
(B) at partner organizations, including universities,
industry entities, and nongovernmental organizations,
throughout the United States to provide useful outside
perspectives to Department personnel by providing such
personnel--
(i) a more comprehensive outlook on different sectors of
United States society; and
(ii) practical experience dealing with commercial
corporations, universities, labor unions, and other
institutions critical to United States diplomatic success;
(2) offer courses using computer-based or computer-assisted
simulations, allowing civilian officers to lead decision
making in a crisis environment, and encourage officers of the
Department, and reciprocally, officers of other Federal
departments to participate in similar exercises held by the
Department or other government organizations and the private
sector;
(3) increase the duration and expand the focus of certain
training and professional development courses, including by
extending--
(A) the A-100 entry-level course to as long as 12 weeks,
which better matches the length of entry-level training and
professional development provided to the officers in other
national security departments and agencies; and
(B) the Chief of Mission course to as long as 6 weeks for
first time Chiefs of Mission and creating comparable courses
for new Assistant Secretaries and Deputy Assistant
Secretaries to more accurately reflect the significant
responsibilities accompanying such roles; and
(4) ensure that Foreign Service officers who are assigned
to a country experiencing significant population displacement
due to the impacts of climatic and non-climatic shocks and
stresses, including rising sea levels and lack of access to
affordable and reliable energy and electricity, receive
specific instruction on United States policy with respect to
resiliency and adaptation to such
[[Page S6529]]
climatic and non-climatic shocks and stresses.
(d) Fellowships.--The Director General of the Foreign
Service shall--
(1) expand and establish new fellowship programs for
Foreign Service and Civil Service officers that include
short- and long-term opportunities at organizations,
including--
(A) think tanks and nongovernmental organizations;
(B) the Department of Defense and other relevant Federal
agencies;
(C) industry entities, especially such entities related to
technology, global operations, finance, and other fields
directly relevant to international affairs; and
(D) schools of international relations and other relevant
programs at universities throughout the United States; and
(2) not later than 180 days after the date of the enactment
of this Act, submit a report to Congress that describes how
the Department could expand the Pearson Fellows Program for
Foreign Service Officers and the Brookings Fellow Program for
Civil Servants to provide fellows in such programs with the
opportunity to undertake a follow-on assignment within the
Department in an office in which fellows will gain practical
knowledge of the people and processes of Congress, including
offices other than the Legislative Affairs Bureau,
including--
(A) an assessment of the current state of congressional
fellowships, including the demand for fellowships and the
value the fellowships provide to both the career of the
officer and to the Department; and
(B) an assessment of the options for making congressional
fellowships for both the Foreign and Civil Services more
career-enhancing.
(e) Board of Visitors of the Foreign Service Institute.--
(1) Establishment.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of State shall
establish a Board of Visitors of the Foreign Service
Institute (referred to in this subsection as the ``Board'').
(2) Duties.--The Board shall provide the Secretary with
independent advice and recommendations regarding
organizational management, strategic planning, resource
management, curriculum development, and other matters of
interest to the Foreign Service Institute, including regular
observations about how well the Department is integrating
training and professional development into the work of the
Bureau for Global Talent Management.
(3) Membership.--
(A) In general.--The Board shall be--
(i) nonpartisan; and
(ii) composed of 12 members, of whom--
(I) 2 members shall be appointed by the Chairperson of the
Committee on Foreign Relations of the Senate;
(II) 2 members shall be appointed by the ranking member of
the Committee on Foreign Relations of the Senate;
(III) 2 members shall be appointed by the Chairperson of
the Committee on Foreign Affairs of the House of
Representatives;
(IV) 2 members shall be appointed by the ranking member of
the Committee on Foreign Affairs of the House of
Representatives; and
(V) 4 members shall be appointed by the Secretary.
(B) Qualifications.--Members of the Board shall be
appointed from among individuals who--
(i) are not officers or employees of the Federal
Government; and
(ii) are eminent authorities in the fields of diplomacy,
national security, management, leadership, economics, trade,
technology, or advanced international relations education.
(C) Outside expertise.--
(i) In general.--Not fewer than 6 members of the Board
shall have a minimum of 10 years of relevant expertise
outside the field of diplomacy.
(ii) Prior senior service at the department.--Not more than
6 members of the Board may be persons who previously served
in the Senior Foreign Service or the Senior Executive Service
at the Department.
(4) Terms.--Each member of the Board shall be appointed for
a term of 3 years, except that of the members first
appointed--
(A) 4 members shall be appointed for a term of 3 years;
(B) 4 members shall be appointed for a term of 2 years; and
(C) 4 members shall be appointed for a term of 1 year.
(5) Reappointment; replacement.--A member of the Board may
be reappointed or replaced at the discretion of the official
who made the original appointment.
(6) Chairperson; co-chairperson.--
(A) Approval.--The Chairperson and Vice Chairperson of the
Board shall be approved by the Secretary of State based upon
a recommendation from the members of the Board.
(B) Service.--The Chairperson and Vice Chairperson shall
serve at the discretion of the Secretary.
(7) Meetings.--The Board shall meet--
(A) at the call of the Director of the Foreign Service
Institute and the Chairperson; and
(B) not fewer than 2 times per year.
(8) Compensation.--Each member of the Board shall serve
without compensation, except that a member of the Board shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of service for the Board.
Notwithstanding section 1342 of title 31, United States Code,
the Secretary may accept the voluntary and uncompensated
service of members of the Board.
(9) Applicability of federal advisory committee act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall apply to
the Board established under this subsection.
(f) Establishment of Provost of the Foreign Service
Institute.--
(1) Establishment.--There is established in the Foreign
Service Institute the position of Provost.
(2) Appointment; reporting.--The Provost shall--
(A) be appointed by the Secretary; and
(B) report to the Director of the Foreign Service
Institute.
(3) Qualifications.--The Provost shall be--
(A) an eminent authority in the field of diplomacy,
national security, education, management, leadership,
economics, history, trade, adult education, or technology;
and
(B) a person with significant experience outside the
Department, whether in other national security agencies or in
the private sector, and preferably in positions of authority
in educational institutions or the field of professional
development and mid-career training with oversight for the
evaluation of academic programs.
(4) Duties.--The Provost shall--
(A) oversee, review, evaluate, and coordinate the academic
curriculum for all courses taught and administered by the
Foreign Service Institute;
(B) coordinate the development of an evaluation system to
ascertain how well participants in Foreign Service Institute
courses have absorbed and utilized the information, ideas,
and skills imparted by each such course, such that
performance assessments can be included in the personnel
records maintained by the Bureau of Global Talent Management
and utilized in Foreign Service Selection Boards, which may
include--
(i) the implementation of a letter or numerical grading
system; and
(ii) assessments done after the course has concluded; and
(C) report not less frequently than quarterly to the Board
of Visitors regarding the development of curriculum and the
performance of Foreign Service officers.
(5) Term.--The Provost shall serve for a term of not fewer
than 5 years and may be reappointed for 1 additional 5-year
term.
(6) Compensation.--The Provost shall receive a salary
commensurate with the rank and experience of a member of the
Senior Foreign Service or the Senior Executive Service, as
determined by the Secretary.
(g) Other Agency Responsibilities and Opportunities for
Congressional Staff.--
(1) Other agencies.--National security agencies other than
the Department should be afforded the ability to increase the
enrollment of their personnel in courses at the Foreign
Service Institute and other training and professional
development facilities of the Department to promote a whole-
of-government approach to mitigating national security
challenges.
(2) Congressional staff.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit
a report to the appropriate committees of Congress that
describes--
(A) the training and professional development opportunities
at the Foreign Service Institute and other Department
facilities available to congressional staff;
(B) the budget impacts of offering such opportunities to
congressional staff; and
(C) potential course offerings.
(h) Strategy for Adapting Training Requirements for Modern
Diplomatic Needs.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall develop and
submit to the appropriate committees of Congress a strategy
for adapting and evolving training requirements to better
meet the Department's current and future needs for 21st
century diplomacy.
(2) Elements.--The strategy required under subsection (a)
shall include the following elements:
(A) Integrating training requirements into the Department's
promotion policies, including establishing educational and
professional development standards for training and
attainment to be used as a part of tenure and promotion
guidelines.
(B) Addressing multiple existing and emerging national
security challenges, including--
(i) democratic backsliding and authoritarianism;
(ii) countering, and assisting United States allies to
address, state-sponsored disinformation, including through
the Global Engagement Center;
(iii) cyber threats;
(iv) the aggression and malign influence of Russia, Cuba,
Iran, North Korea, the Maduro Regime, and the Chinese
Communist Party's multi-faceted and comprehensive challenge
to the rules-based order;
(v) the implications of climate change for United States
diplomacy; and
(vi) nuclear threats.
(C) An examination of the likely advantages and
disadvantages of establishing residential training for the A-
100 orientation course administered by the Foreign Service
Institute and evaluating the feasibility of
[[Page S6530]]
residential training for other long-term training
opportunities.
(D) An examination of the likely advantages and
disadvantages of establishing a press freedom curriculum for
the National Foreign Affairs Training Center that enables
Foreign Service officers to better understand issues of press
freedom and the tools that are available to help protect
journalists and promote freedom of the press norms, which may
include--
(i) the historic and current issues facing press freedom,
including countries of specific concern;
(ii) the Department's role in promoting press freedom as an
American value, a human rights issue, and a national security
imperative;
(iii) ways to incorporate press freedom promotion into
other aspects of diplomacy; and
(iv) existing tools to assist journalists in distress and
methods for engaging foreign governments and institutions on
behalf of individuals engaged in journalistic activity who
are at risk of harm.
(E) The expansion of external courses offered by the
Foreign Service Institute at academic institutions or
professional associations on specific topics, including in-
person and virtual courses on monitoring and evaluation,
audience analysis, and the use of emerging technologies in
diplomacy.
(3) Utilization of existing resources.--In examining the
advantages and disadvantages of establishing a residential
training program pursuant to paragraph (2)(C), the Secretary
shall--
(A) collaborate with other national security departments
and agencies that employ residential training for their
orientation courses; and
(B) consider using the Department's Foreign Affairs
Security Training Center in Blackstone, Virginia.
(i) Report and Briefing Requirements.--
(1) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit a report to
the appropriate committees of Congress that includes--
(A) a strategy for broadening and deepening professional
development and training at the Department, including
assessing current and future needs for 21st century
diplomacy;
(B) the process used and resources needed to implement the
strategy referred to in subparagraph (A) throughout the
Department; and
(C) the results and impact of the strategy on the workforce
of the Department, particularly the relationship between
professional development and training and promotions for
Department personnel, and the measurement and evaluation
methods used to evaluate such results.
(2) Briefing.--Not later than 1 year after the date on
which the Secretary submits the report required under
paragraph (1), and annually thereafter for 2 years, the
Secretary shall provide to the appropriate committees of
Congress a briefing on the information required to be
included in the report.
(j) Foreign Language Maintenance Incentive Program.--
(1) Authorization.--The Secretary is authorized to
establish and implement an incentive program, with a similar
structure as the Foreign Language Proficiency Bonus offered
by the Department of Defense, to encourage members of the
Foreign Service who possess language proficiency in any of
the languages that qualify for additional incentive pay, as
determined by the Secretary, to maintain critical foreign
language skills.
(2) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit a
report to the appropriate committees of Congress that
includes a detailed plan for implementing the program
authorized under paragraph (1), including anticipated
resource requirements to carry out such program.
(k) Department of State Workforce Management.--
(1) Sense of congress.--It is the sense of Congress that
informed, data-driven, and long-term workforce management,
including with respect to the Foreign Service, the Civil
Service, locally employed staff, and contractors, is needed
to align diplomatic priorities with the appropriate personnel
and resources.
(2) Annual workforce report.--
(A) In general.--In order to understand the Department's
long-term trends with respect to its workforce, the
Secretary, is consultation with relevant bureaus and offices,
including the Bureau of Global Talent Management and the
Center for Analytics, shall submit a report to the
appropriate committees of Congress that details the
Department's workforce, disaggregated by Foreign Service,
Civil Service, locally employed staff, and contractors,
including, with respect to the reporting period--
(i) for Federal personnel--
(I) the number of personnel who were hired;
(II) the number of personnel whose employment or contract
was terminated or who voluntarily left the Department;
(III) the number of personnel who were promoted, including
the grade to which they were promoted;
(IV) the demographic breakdown of personnel; and
(V) the distribution of the Department's workforce based on
domestic and overseas assignments, including a breakdown of
the number of personnel in geographic and functional bureaus,
and the number of personnel in overseas missions by region;
and
(ii) for personal service contracts and other contracts
with individuals--
(I) the number of individuals under active contracts; and
(II) the distribution of these individual contractors,
including a breakdown of the number of personnel in
geographic and functional bureaus, and the number of
individual contractors supporting overseas missions,
disagreggated by region.
(B) Initial report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit the
report described in subparagraph (A) for each of the fiscal
years 2016 through 2022.
(C) Recurring report.--Not later than December 31, 2023,
and annually thereafter for the following 5 years, the
Secretary shall submit the report described in subparagraph
(A) for the most recently concluded fiscal year.
(D) Use of report data.--The data in each of the reports
required under this paragraph shall be used by Congress, in
coordination with the Secretary, to inform recommendations on
the appropriate size and composition of the Department.
(l) Sense of Congress on the Importance of Filling the
Position of Undersecretary for Public Diplomacy and Public
Affairs.--It is the sense of Congress that since a vacancy in
the position of Under Secretary for Public Diplomacy and
Public Affairs is detrimental to the national security
interests of the United States, the President should
expeditiously nominate a qualified individual to such
position whenever such vacancy occurs to ensure that the
bureaus reporting to such position are able to fulfill their
mission of--
(1) expanding and strengthening relationships between the
people of the United States and citizens of other countries;
and
(2) engaging, informing, and understanding the perspectives
of foreign audiences.
(m) Report on Public Diplomacy.--Not later than 120 days
after the date of the enactment of this Act, the Secretary
shall submit a report to the appropriate committees of
Congress that includes--
(1) an evaluation of the May 2019 merger of the Bureau of
Public Affairs and the Bureau of International Information
Programs into the Bureau of Global Public Affairs with
respect to--
(A) the efficacy of the current configuration of the
bureaus reporting to the Under Secretary for Public Diplomacy
and Public Affairs in achieving the mission of the
Department;
(B) the metrics before and after such merger, including
personnel data, disaggregated by position and location,
content production, opinion polling, program evaluations, and
media appearances;
(C) the results of a survey of public diplomacy
practitioners to determine their opinion of the efficacy of
such merger and any adjustments that still need to be made;
(D) a plan for evaluating and monitoring, not less
frequently than once every 2 years, the programs, activities,
messaging, professional development efforts, and structure of
the Bureau of Global Public Affairs, and submitting a summary
of each such evaluation to the appropriate committees of
Congress; and
(2) a review of recent outside recommendations for
modernizing diplomacy at the Department with respect to
public diplomacy efforts, including--
(A) efforts in each of the bureaus reporting to the Under
Secretary for Public Diplomacy and Public Affairs to address
issues of diversity and inclusion in their work, structure,
data collection, programming, and personnel, including any
collaboration with the Chief Officer for Diversity and
Inclusion;
(B) proposals to collaborate with think tanks and academic
institutions working on public diplomacy issues to implement
recent outside recommendations; and
(C) additional authorizations and appropriations necessary
to implement such recommendations.
SEC. 5206. SECURITY CLEARANCE APPROVAL PROCESS.
(a) Recommendations.--Not later than 270 days after the
date of the enactment of this Act, the Secretary, in
coordination with the Director of National Intelligence,
shall submit recommendations to the appropriate congressional
committees for streamlining the security clearance approval
process within the Bureau of Diplomatic Security so that the
security clearance approval process for Civil Service and
Foreign Service applicants is completed within 6 months, on
average, and within 1 year, in the vast majority of cases.
(b) Report.--Not later than 90 days after the
recommendations are submitted pursuant to subsection (a), the
Secretary shall submit a report to the Committee on Foreign
Relations of the Senate, the Select Committee on Intelligence
of the Senate, the Committee on Foreign Affairs of the House
of Representatives, and the Permanent Select Committee on
Intelligence of the House of Representatives that--
(1) describes the status of the efforts of the Department
to streamline the security clearance approval process; and
(2) identifies any remaining obstacles preventing security
clearances from being completed within the time frames set
forth in subsection (a), including lack of cooperation or
other actions by other Federal departments and agencies.
[[Page S6531]]
SEC. 5207. 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 the 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 the bidding season.
SEC. 5208. 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 a report to the appropriate
congressional committees regarding curtailments of Department
personnel from overseas posts.
(2) Contents.--The Secretary shall include in the report
required under 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 referred to in subparagraph (A), the
number of curtailments, disaggregated by month of occurrence.
(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 Committee on Foreign Relations of the
Senate, the Select Committee on Intelligence of the Senate,
the Committee on Foreign Affairs of the House of
Representatives, and the Permanent Select Committee on
Intelligence of the House of Representatives of such
declaration; and
(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, done at
Vienna April 18, 1961, that is applicable to an entire
diplomatic post or to the majority of United States personnel
under Chief of Mission authority, the Secretary shall notify
the appropriate congressional committees of such waiver and
the reason for such waiver.
(d) Termination.--This section shall terminate on the date
that is 5 years after the date of the enactment of this Act.
SEC. 5209. REPORT ON WORLDWIDE AVAILABILITY.
(a) In General.--Not later than 270 days after the date of
the enactment of this Act, the Secretary shall submit a
report to the appropriate congressional committees on the
feasibility of requiring that each member of the Foreign
Service, at the time of entry into the Foreign Service and
thereafter, be worldwide available, as determined by the
Secretary.
(b) Contents.--The report required under subsection (a)
shall include--
(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. 5210. PROFESSIONAL DEVELOPMENT.
(a) Requirements.--The Secretary shall strongly encourage
that Foreign Service officers seeking entry into the Senior
Foreign Service participate in professional development
described in subsection (c).
(b) Requirements.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit
recommendations on requiring that Foreign Service officers
complete professional development described in subsection (c)
to be eligible for entry into the Senior Foreign Service.
(c) Professional Development Described.--Professional
development described in this subsection is not less than 6
months of training or experience outside of the Department,
including time spent--
(1) as a detailee to another government agency, including
Congress or a State, Tribal, or local government;
(2) in Department-sponsored and -funded university training
that results in an advanced degree, excluding time spent at a
university that is fully funded or operated by the Federal
Government.
(d) Promotion Precepts.--The Secretary shall instruct
promotion boards to consider positively long-term training
and out-of-agency detail assignments.
SEC. 5211. 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 conduct, at each diplomatic and consular post, a
voluntary survey, which shall be offered to all staff
assigned to that post who are citizens of the United States
(excluding the Chief of Mission) to assess the management and
leadership of that post by the Chief of Mission, the Deputy
Chief of Mission, and the Charge d'Affaires.
(b) Anonymity.--All responses to the survey 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.
(g) Initial Basis.--The Secretary shall carry out the
surveys required under this section on an initial basis for 5
years.
SEC. 5212. INDEPENDENT REVIEW OF PROMOTION POLICIES.
Not later than 18 months after the date of the enactment of
this Act, the Comptroller General of the United States shall
conduct a comprehensive review of the policies, personnel,
organization, and processes related to promotions within the
Department, including--
(1) a review of--
(A) the selection and oversight of Foreign Service
promotion panels; and
(B) the use of quantitative data and metrics in such
panels;
(2) an assessment of the promotion practices of the
Department, including how promotion processes are
communicated to the workforce and appeals processes; and
(3) recommendations for improving promotion panels and
promotion practices.
SEC. 5213. THIRD PARTY VERIFICATION OF PERMANENT CHANGE OF
STATION (PCS) ORDERS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary shall establish a mechanism for third
parties to verify the employment of, and the validity of
permanent change of station (PCS) orders received by, members
of the Foreign Service, in a manner that protects the safety,
security, and privacy of sensitive employee information.
SEC. 5214. POST-EMPLOYMENT RESTRICTIONS ON SENATE-CONFIRMED
OFFICIALS AT THE DEPARTMENT OF STATE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Congress and the executive branch have recognized the
importance of preventing and mitigating the potential for
conflicts of interest following government service, including
with respect to senior United States officials working on
behalf of foreign governments; and
(2) Congress and the executive branch should jointly
evaluate the status and scope of post-employment
restrictions.
(b) Restrictions.--Section 1 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a) is amended by
adding at the end the following:
``(m) Extended Post-employment Restrictions for Certain
Senate-confirmed Officials.--
``(1) Definitions.--In this subsection:
``(A) Country of concern.--The term `country of concern'
means--
``(i) the People's Republic of China;
``(ii) the Russian Federation;
``(iii) the Islamic Republic of Iran;
``(iv) the Democratic People's Republic of Korea;
[[Page S6532]]
``(v) the Republic of Cuba; and
``(vi) the Syrian Arab Republic.
``(B) Foreign government entity.--The term `foreign
governmental entity' includes--
``(i) any person employed by--
``(I) any department, agency, or other entity of a foreign
government at the national, regional, or local level;
``(II) any governing party or coalition of a foreign
government at the national, regional, or local level; or
``(III) any entity majority-owned or majority-controlled by
a foreign government at the national, regional, or local
level; and
``(ii) in the case of a country described in paragraph
(3)(B), any company, economic project, cultural organization,
exchange program, or nongovernmental organization that is
more than 33 percent owned or controlled by the government of
such country.
``(C) Representation.--The term `representation' does not
include representation by an attorney, who is duly licensed
and authorized to provide legal advice in a United States
jurisdiction, of a person or entity in a legal capacity or
for the purposes of rendering legal advice.
``(2) Secretary of state and deputy secretary of state.--
With respect to a person serving as the Secretary of State or
Deputy Secretary of State, the restrictions described in
section 207(f)(1) of title 18, United States Code, shall
apply to any such person who knowingly represents, aids, or
advises a foreign governmental entity before an officer or
employee of the executive branch of the United States at any
time after the termination of that person's service as
Secretary or Deputy Secretary.
``(3) Under secretaries, assistant secretaries, and
ambassadors.--With respect to a person serving as an Under
Secretary, Assistant Secretary, or Ambassador at the
Department of State or as the United States Permanent
Representative to the United Nations, the restrictions
described in section 207(f)(1) of title 18, United States
Code, shall apply to any such person who knowingly
represents, aids, or advises--
``(A) a foreign governmental entity before an officer or
employee of the executive branch of the United States for 3
years after the termination of that person's service in a
position described in this paragraph, or the duration of the
term or terms of the President who appointed that person to
their position, whichever is longer; or
``(B) a foreign governmental entity of a country of concern
before an officer or employee of the executive branch of the
United States at any time after the termination of that
person's service in a position described in this paragraph.
``(4) Penalties and injunctions.--Any violations of the
restrictions under paragraphs (2) or (3) shall be subject to
the penalties and injunctions provided for under section 216
of title 18, United States Code.
``(5) Notice of restrictions.--Any person subject to the
restrictions under this subsection shall be provided notice
of these restrictions by the Department of State--
``(A) upon appointment by the President; and
``(B) upon termination of service with the Department of
State.
``(6) Effective date.--The restrictions under this
subsection shall apply only to persons who are appointed by
the President to the positions referenced in this subsection
on or after 120 days after the date of the enactment of the
Department of State Authorization Act of 2022.
``(7) Sunset.--The restrictions under paragraph (3)(B)
shall expire on the date that is 7 years after the date of
the enactment of this Act.''.
SEC. 5215. EXPANSION OF AUTHORITIES REGARDING SPECIAL RULES
FOR CERTAIN MONTHLY WORKERS' COMPENSATION
PAYMENTS AND OTHER PAYMENTS.
Section 901 of division J of the Further Consolidated
Appropriations Act, 2020 (22 U.S.C. 2680b) is amended by
adding at the end the following:
``(j) Expansion of Authorities.--The head of any Federal
agency may exercise the authorities of this section,
including to designate an incident, whether the incident
occurred in the United States or abroad, for purposes of
subparagraphs (A)(ii) and (B)(ii) of subsection (e)(4) when
the incident affects United States Government employees of
the agency or their dependents who are not under the security
responsibility of the Secretary of State as set forth in
section 103 of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4802) or when
operational control of overseas security responsibility for
such employees or dependents has been delegated to the head
of the agency.''.
TITLE LIII--EMBASSY SECURITY AND CONSTRUCTION
SEC. 5301. AMENDMENTS TO SECURE EMBASSY CONSTRUCTION AND
COUNTERTERRORISM ACT OF 1999.
(a) Short Title.--This section may be cited as the ``Secure
Embassy Construction and Counterterrorism Act of 2022''.
(b) Findings.--Congress makes the following findings:
(1) The Secure Embassy Construction and Counterterrorism
Act of 1999 (title VI of division A of appendix G of Public
Law 106-113) was a necessary response to bombings on August
7, 1998, at the United States embassies in Nairobi, Kenya,
and in Dar es Salaam, Tanzania, that were destroyed by
simultaneously exploding bombs. The resulting explosions
killed 220 persons and injured more than 4,000 others. Twelve
Americans and 40 Kenyan and Tanzanian employees of the United
States Foreign Service were killed in the attacks.
(2) Those bombings, followed by the expeditionary
diplomatic efforts in Iraq and Afghanistan, demonstrated the
need to prioritize the security of United States posts and
personnel abroad above other considerations.
(3) Between 1999 and 2022, the risk calculus of the
Department impacted the ability of United States diplomats
around the world to advance the interests of the United
States through access to local populations, leaders, and
places.
(4) America's competitors and adversaries do not have the
same restrictions that United States diplomats have,
especially in critically important medium-threat and high-
threat posts.
(5) The Department's 2021 Overseas Security Panel report
states that--
(A) the requirement for setback and collocation of
diplomatic posts under paragraphs (2) and (3) of section
606(a) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865(a)) has led to
skyrocketing costs of new embassies and consulates; and
(B) the locations of such posts have become less desirable,
creating an extremely suboptimal nexus that further hinders
United States diplomats who are willing to accept more risk
in order to advance United States interests.
(c) Sense of Congress.--It is the sense of Congress that--
(1) the setback and collocation requirements referred to in
subsection (b)(5)(A), even with available waivers, no longer
provide the security such requirements used to provide
because of advancement in technologies, such as remote
controlled drones, that can evade walls and other such static
barriers;
(2) the Department should focus on creating performance
security standards that--
(A) attempt to keep the setback requirements of diplomatic
posts as limited as possible; and
(B) provide diplomats access to local populations as much
as possible, while still providing a necessary level of
security;
(3) collocation of diplomatic facilities is often not
feasible or advisable, particularly for public diplomacy
spaces whose mission is to reach and be accessible to wide
sectors of the public, including in countries with repressive
governments, since such spaces are required to permit the
foreign public to enter and exit the space easily and openly;
(4) the Bureau of Diplomatic Security should--
(A) fully utilize the waiver process provided under
paragraphs (2)(B) and (3)(B) of section 606(a) of the Secure
Embassy Construction and Counterterrorism Act of 1999 (22
U.S.C. 4865(a)); and
(B) appropriately exercise such waiver process as a tool to
right-size the appropriate security footing at each
diplomatic post rather than only approving waivers in extreme
circumstances;
(5) the return of great power competition requires--
(A) United States diplomats to do all they can to
outperform our adversaries; and
(B) the Department to better optimize use of taxpayer
funding to advance United States national interests; and
(6) this section will better enable United States diplomats
to compete in the 21st century, while saving United States
taxpayers millions in reduced property and maintenance costs
at embassies and consulates abroad.
(d) Definition of United States Diplomatic Facility.--
Section 603 of the Secure Embassy Construction and
Counterterrorism Act of 1999 (title VI of division A of
appendix G of Public Law 106-113) is amended to read as
follows:
``SEC. 603. UNITED STATES DIPLOMATIC FACILITY DEFINED.
``In this title, the terms `United States diplomatic
facility' and `diplomatic facility' mean any chancery,
consulate, or other office that--
``(1) is considered by the Secretary of State to be
diplomatic or consular premises, consistent with the Vienna
Convention on Diplomatic Relations, done at Vienna April 18,
1961, and the Vienna Convention on Consular Relations, done
at Vienna April 24, 1963, and was notified to the host
government as such; or
``(2) is otherwise subject to a publicly available
bilateral agreement with the host government (contained in
the records of the United States Department of State) that
recognizes the official status of the United States
Government personnel present at the facility.''.
(e) Guidance and Requirements for Diplomatic Facilities.--
(1) Guidance for closure of public diplomacy facilities.--
Section 5606(a) of the Public Diplomacy Modernization Act of
2021 (Public Law 117-81; 22 U.S.C. 1475g note) is amended to
read as follows:
``(a) In General.--In order to preserve public diplomacy
facilities that are accessible to the publics of foreign
countries, not later than 180 days after the date of the
enactment of the Secure Embassy Construction and
Counterterrorism Act of 2022, the Secretary of State shall
adopt guidelines to collect and utilize information from each
diplomatic post at which the construction of a new embassy
compound or new consulate compound
[[Page S6533]]
could result in the closure or co-location of an American
Space that is owned and operated by the United States
Government, generally known as an American Center, or any
other public diplomacy facility under the Secure Embassy
Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865
et seq.).''.
(2) Security requirements for united states diplomatic
facilities.--Section 606(a) of the Secure Embassy
Construction and Counterterrorism Act of 1999 (22 U.S.C.
4865(a)) is amended--
(A) in paragraph (1)(A), by striking ``the threat'' and
inserting ``a range of threats, including that'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by inserting ``in a location that has certain minimum
ratings under the Security Environment Threat List as
determined by the Secretary in his or her discretion'' after
``abroad''; and
(II) 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
(ii) in subparagraph (B)--
(I) by amending clause (i) to read as follows:
``(i) In general.--Subject to clause (ii), the Secretary of
State may waive subparagraph (A) if the Secretary, in
consultation with, as appropriate, the head of each agency
employing personnel that would not be located at the site, if
applicable, determines that it is in the national interest of
the United States after taking account of any considerations
the Secretary in his or her discretion considers relevant,
which may include security conditions.''; and
(II) in clause (ii), by striking ``(ii) Chancery or
consulate building.--'' and all that follows through ``15
days prior'' and inserting the following:
``(ii) Chancery or consulate building.--Prior''; and
(C) in paragraph (3)--
(i) by amending subparagraph (A) to read as follows:
``(A) Requirement.--
``(i) In general.--Each newly acquired United States
diplomatic facility in a location that has certain minimum
ratings under the Security Environment Threat List as
determined by the Secretary of State in his or her discretion
shall--
``(I) be constructed or modified to meet the measured
building blast performance standard applicable to a
diplomatic facility sited not less than 100 feet from the
perimeter of the property on which the facility is situated;
or
``(II) fulfill the criteria described in clause (ii).
``(ii) Alternative engineering equivalency standard
requirement.--Each facility referred to in clause (i) may,
instead of meeting the requirement under such clause, fulfill
such other criteria as the Secretary is authorized to employ
to achieve an engineering standard of security and degree of
protection that is equivalent to the numerical perimeter
distance setback described in such clause seeks to
achieve.''; and
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by striking ``security considerations permit and'';
and
(bb) by inserting ``after taking account of any
considerations the Secretary in his or her discretion
considers relevant, which may include security conditions''
after ``national interest of the United States'';
(II) in clause (ii), by striking ``(ii) Chancery or
consulate building.--'' and all that follows through ``15
days prior'' and inserting the following:
``(ii) Chancery or consulate building.--Prior''; and
(III) in clause (iii), by striking ``an annual'' and
inserting ``a quarterly''.
SEC. 5302. DIPLOMATIC SUPPORT AND SECURITY.
(a) Short Title.--This section may be cited as the
``Diplomatic Support and Security Act of 2022''.
(b) Findings.--Congress makes the following findings:
(1) A robust overseas diplomatic presence is part of an
effective foreign policy, particularly in volatile
environments where a flexible and timely diplomatic response
can be decisive in preventing and addressing conflict.
(2) Diplomats routinely put themselves and their families
at great personal risk to serve their country overseas where
they face threats related to international terrorism, violent
conflict, and public health.
(3) The Department has a remarkable record of protecting
personnel while enabling an enormous amount of global
diplomatic activity, often in unsecure and remote places and
facing a variety of evolving risks and threats. With support
from Congress, the Department of State has revised policy,
improved physical security through retrofitting and replacing
old facilities, deployed additional security personnel and
armored vehicles, and greatly enhanced training requirements
and training facilities, including the new Foreign Affairs
Security Training Center in Blackstone, Virginia.
(4) Diplomatic missions rely on robust staffing and
ambitious external engagement to advance United States
interests as diverse as competing with China's malign
influence around the world, fighting terrorism and
transnational organized crime, preventing and addressing
violent conflict and humanitarian disasters, promoting United
States businesses and trade, protecting the rights of
marginalized groups, addressing climate change, and
preventing pandemic disease.
(5) Efforts to protect personnel overseas have often
resulted in inhibiting diplomatic activity and limiting
engagement between embassy personnel and local governments
and populations.
(6) Given that Congress currently provides annual
appropriations in excess of $1,900,000,000 for embassy
security, construction, and maintenance, the Department
should be able to ensure a robust overseas presence without
inhibiting the ability of diplomats to--
(A) meet outside United States secured facilities with
foreign leaders to explain, defend, and advance United States
priorities;
(B) understand and report on foreign political, social, and
economic conditions through meeting and interacting with
community officials outside of United States facilities;
(C) provide United States citizen services; and
(D) collaborate and, at times, compete with other
diplomatic missions, particularly those, such as that of the
People's Republic of China, that do not have restrictions on
meeting locations.
(7) Given these stakes, Congress has a responsibility to
empower, support, and hold the Department accountable for
implementing an aggressive strategy to ensure a robust
overseas presence that mitigates potential risks and
adequately considers the myriad direct and indirect
consequences of a lack of diplomatic presence.
(c) Encouraging Expeditionary Diplomacy.--
(1) Purpose.--Section 102(b) of the Diplomatic Security Act
of 1986 (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, recommend that
the Secretary investigate accountability for United States
Government personnel with security-related responsibilities
under chief of mission authority;'';
(B) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(C) by inserting after paragraph (3) the following:
``(4) to support a culture of risk management, instead of
risk avoidance, that enables the Department of State to
pursue its vital goals with full knowledge that it is neither
desirable nor possible for the Department to avoid all
risks;''.
(2) Briefings on embassy security.--Section 105(a)(1) of
the Diplomatic Security Act of 1986 (22 U.S.C. 4804(a)) is
amended--
(A) by striking ``any plans to open or reopen a high risk,
high threat post'' and inserting ``progress towards opening
or reopening a high risk, high threat post, and the risk to
national security of the continued closure or any suspension
of operations and remaining barriers to doing so'';
(B) in subparagraph (A), by inserting ``the risk to United
States national security of the post's continued closure or
suspension of operations,'' after ``national security of the
United States,''; and
(C) in subparagraph (C), by inserting ``the type and level
of security threats such post could encounter, and'' before
``security `tripwires' ''.
(d) Security Review Committees.--
(1) In general.--Section 301 of the Diplomatic Security Act
of 1986 (22 U.S.C. 4831) is amended--
(A) in the section heading, by striking ``accountability
review boards'' and inserting ``security review committees'';
(B) in subsection (a)--
(i) by amending paragraph (1) to read as follows:
``(1) Convening the security review committee.--In any case
of a serious security incident involving loss of life,
serious injury, or significant destruction of property at, or
related to, a United States Government diplomatic mission
abroad (referred to in this title as a `Serious Security
Incident'), and in any case of a serious breach of security
involving intelligence activities of a foreign government
directed at a United States Government mission abroad, the
Secretary of State shall convene a Security Review Committee,
which shall issue a report providing a full account of what
occurred, consistent with section 304.'';
(C) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(D) by inserting after paragraph (1) the following:
``(2) Committee composition.--The Secretary shall designate
a Chairperson and may designate additional personnel of
commensurate seniority to serve on the Security Review
Committee, which shall include--
``(A) the Director of the Office of Management Strategy and
Solutions;
``(B) the Assistant Secretary responsible for the region
where the incident occurred;
``(C) the Assistant Secretary of State for Diplomatic
Security;
``(D) the Assistant Secretary of State for Intelligence and
Research;
``(E) an Assistant Secretary-level representative from any
involved United States Government department or agency; and
``(F) other personnel determined to be necessary or
appropriate.'';
(i) in paragraph (3), as redesignated by clause (ii)--
(I) in the paragraph heading, by striking ``Department of
defense facilities and
[[Page S6534]]
personnel'' and inserting ``Exceptions to convening a
security review committee'';
(II) by striking ``The Secretary of State is not required
to convene a Board in the case'' and inserting the following:
``(A) In general.--The Secretary of State is not required
to convene a Security Review Committee--
``(i) if the Secretary determines that the incident
involves only causes unrelated to security, such as when the
security at issue is outside of the scope of the Secretary of
State's security responsibilities under section 103;
``(ii) if operational control of overseas security
functions has been delegated to another agency in accordance
with section 106;
``(iii) if the incident is a cybersecurity incident and is
covered by other review mechanisms; or
``(iv) in the case''; and
(III) by striking ``In any such case'' and inserting the
following:
``(B) Department of defense investigations.--In the case of
an incident described in subparagraph (A)(iv)''; and
(E) by adding at the end the following:
``(5) Rulemaking.--The Secretary of State shall promulgate
regulations defining the membership and operating procedures
for the Security Review Committee and provide such guidance
to the Chair and ranking members of the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives.'';
(2) in subsection (b)--
(A) in the subsection heading, by striking ``Boards'' and
inserting ``Security Review Committees''; and
(B) by amending paragraph (1) to read as follows:
``(1) In general.--The Secretary of State shall convene a
Security Review Committee not later than 60 days after the
occurrence of an incident described in subsection (a)(1), or
60 days after the Department first becomes aware of such an
incident, whichever is earlier, except that the 60-day period
for convening a Security Review Committee may be extended for
one additional 60-day period if the Secretary determines that
the additional period is necessary.''; and
(3) by amending subsection (c) to read as follows:
``(c) Congressional Notification.--Whenever the Secretary
of State convenes a Security Review Committee, the Secretary
shall promptly inform the chair and ranking member of--
``(1) the Committee on Foreign Relations of the Senate;
``(2) the Select Committee on Intelligence of the Senate;
``(3) the Committee on Foreign Affairs of the House of
Representatives; and
``(4) the Permanent Select Committee on Intelligence of the
House of Representatives''.
(e) Technical and Conforming Amendments.--Section 302 of
the Diplomatic Security Act of 1986 (22 U.S.C. 4832) is
amended--
(1) in the section heading, by striking ``accountability
review board'' and inserting ``security review committee'';
and
(2) by striking ``a Board'' each place such term appears
and inserting ``a Security Review Committee''.
(f) Serious Security Incident Investigation Process.--
Section 303 of the Diplomatic Security Act of 1986 (22 U.S.C.
4833) is amended to read as follows:
``SEC. 303. SERIOUS SECURITY INCIDENT INVESTIGATION PROCESS.
``(a) Investigation Process.--
``(1) Initiation upon reported incident.--A United States
mission shall submit an initial report of a Serious Security
Incident not later than 3 days after such incident occurs,
whenever feasible, at which time an investigation of the
incident shall be initiated.
``(2) Investigation.--Not later than 10 days after the
submission of a report pursuant to paragraph (1), the
Secretary shall direct the Diplomatic Security Service to
assemble an investigative team to investigate the incident
and independently establish what occurred. Each investigation
under this subsection shall cover--
``(A) an assessment of what occurred, who perpetrated or is
suspected of having perpetrated the Serious Security
Incident, and whether applicable security procedures were
followed;
``(B) in the event the Serious Security Incident involved a
United States diplomatic compound, motorcade, residence, or
other facility, an assessment of whether adequate security
countermeasures were in effect based on a known threat at the
time of the incident;
``(C) if the incident involved an individual or group of
officers, employees, or family members under Chief of Mission
security responsibility conducting approved operations or
movements outside the United States mission, an assessment of
whether proper security briefings and procedures were in
place and whether weighing of risk of the operation or
movement took place; and
``(D) an assessment of whether the failure of any officials
or employees to follow procedures or perform their duties
contributed to the security incident.
``(3) Investigative team.--The investigative team assembled
pursuant to paragraph (2) shall consist of individuals from
the Diplomatic Security Service who shall provide an
independent examination of the facts surrounding the incident
and what occurred. The Secretary, or the Secretary's
designee, shall review the makeup of the investigative team
for a conflict, appearance of conflict, or lack of
independence that could undermine the results of the
investigation and may remove or replace any members of the
team to avoid such an outcome.
``(b) Report of Investigation.--Not later than 90 days
after the occurrence of a Serious Security Incident, the
investigative team investigating the incident shall prepare
and submit a Report of Investigation to the Security Review
Committee that includes--
``(1) a detailed description of the matters set forth in
subparagraphs (A) through (D) of subsection (a)(2), including
all related findings;
``(2) a complete and accurate account of the casualties,
injuries, and damage resulting from the incident; and
``(3) a review of security procedures and directives in
place at the time of the incident.
``(c) Confidentiality.--The investigative team
investigating a Serious Security Incident shall adopt such
procedures with respect to confidentiality as determined
necessary, including procedures relating to the conduct of
closed proceedings or the submission and use of evidence in
camera, to ensure in particular the protection of classified
information relating to national defense, foreign policy, or
intelligence matters. The Director of National Intelligence
shall establish the level of protection required for
intelligence information and for information relating to
intelligence personnel included in the report required under
subsection (b). The Security Review Committee shall determine
the level of classification of the final report prepared
pursuant to section 304(b), and shall incorporate the same
confidentiality measures in such report to the maximum extent
practicable.''.
(g) Findings and Recommendations of the Security Review
Committee.--Section 304 of the Diplomatic Security Act of
1986 (22 U.S.C. 4834) is amended to read as follows:
``SEC. 304. SECURITY REVIEW COMMITTEE FINDINGS AND REPORT.
``(a) Findings.--The Security Review Committee shall--
``(1) review the Report of Investigation prepared pursuant
to section 303(b), and all other evidence, reporting, and
relevant information relating to a Serious Security Incident
at a United States mission abroad, including an examination
of the facts and circumstances surrounding any serious
injuries, loss of life, or significant destruction of
property resulting from the incident; and
``(2) determine, in writing--
``(A) whether the incident was security related and
constituted a Serious Security Incident;
``(B) if the incident involved a diplomatic compound,
motorcade, residence, or other mission facility--
``(i) whether the security systems, security
countermeasures, and security procedures operated as
intended; and
``(ii) whether such systems worked to materially mitigate
the attack or were found to be inadequate to mitigate the
threat and attack;
``(C) if the incident involved an individual or group of
officers conducting an approved operation outside the
mission, whether a valid process was followed in evaluating
the requested operation and weighing the risk of the
operation, which determination shall not seek to assign
accountability for the incident unless the Security Review
Committee determines that an official breached his or her
duty;
``(D) the impact of intelligence and information
availability, and whether the mission was aware of the
general operating threat environment or any more specific
threat intelligence or information and took that into account
in ongoing and specific operations; and
``(E) any other facts and circumstances that may be
relevant to the appropriate security management of United
States missions abroad.
``(b) Report.--
``(1) Submission to secretary of state.--Not later than 60
days after receiving the Report of Investigation prepared
pursuant to section 303(b), the Security Review Committee
shall submit a report to the Secretary of State that
includes--
``(A) the findings described in subsection (a); and
``(B) any related recommendations.
``(2) Submission to congress.--Not later than 90 days after
receiving the report pursuant to paragraph (1), the Secretary
of State shall submit a copy of the report to--
``(A) the Committee on Foreign Relations of the Senate;
``(B) the Select Committee on Intelligence of the Senate;
``(C) the Committee on Foreign Affairs of the House of
Representatives; and
``(D) the Permanent Select Committee on Intelligence of the
House of Representatives.
``(c) Personnel Recommendations.--If in the course of
conducting an investigation under section 303, the
investigative team finds reasonable cause to believe any
individual described in section 303(a)(2)(D) has breached the
duty of that individual or finds lesser failures on the part
of an individual in the performance of his or her duties
related to the incident, it shall be reported to the Security
Review Committee. If the Security Review Committee finds
reasonable cause to support the determination, it shall be
reported to the Secretary for appropriate action.''.
[[Page S6535]]
(h) Relation to Other Proceedings.--Section 305 of the
Diplomatic Security Act of 1986 (22 U.S.C. 4835) is amended--
(1) by inserting ``(a) No Effect on Existing Remedies or
Defenses.--'' before ``Nothing in this title''; and
(2) by adding at the end the following:
``(b) Future Inquiries.--Nothing in this title may be
construed to preclude the Secretary of State from convening a
follow-up public board of inquiry to investigate any security
incident if the incident was of such magnitude or
significance that an internal process is deemed insufficient
to understand and investigate the incident. All materials
gathered during the procedures provided under this title
shall be provided to any related board of inquiry convened by
the Secretary.''.
SEC. 5303. ESTABLISHMENT OF UNITED STATES EMBASSIES IN
VANUATU, KIRIBATI, AND TONGA.
(a) Findings.--Congress makes the following findings:
(1) The Pacific Islands are vital to United States national
security and national interests in the Indo-Pacific region
and globally.
(2) The Pacific Islands region spans 15 percent of the
world's surface area and controls access to open waters in
the Central Pacific, sea lanes to the Western Hemisphere,
supply lines to United States forward-deployed forces in East
Asia, and economically important fisheries.
(3) The Pacific Islands region is home to the State of
Hawaii, 11 United States territories, United States Naval
Base Guam, and United States Andersen Air Force Base.
(4) Pacific Island countries cooperate with the United
States and United States partners on maritime security and
efforts to stop illegal, unreported, and destructive fishing.
(5) The Pacific Islands are rich in biodiversity and are on
the frontlines of environmental challenges and climate
issues.
(6) The People's Republic of China (PRC) seeks to increase
its influence in the Pacific Islands region, including
through infrastructure development under the PRC's One Belt,
One Road Initiative and its new security agreement with the
Solomon Islands.
(7) The United States Embassy in Papua New Guinea manages
the diplomatic affairs of the United States to the Republic
of Vanuatu, and the United States Embassy in Fiji manages the
diplomatic affairs of the United States to the Republic of
Kiribati and the Kingdom of Tonga.
(8) The United States requires a physical diplomatic
presence in the Republic of Vanuatu, the Republic of
Kiribati, and the Kingdom of Tonga, to ensure the physical
and operational security of our efforts in those countries to
deepen relations, protect United States national security,
and pursue United States national interests.
(9) Increasing the number of United States embassies
dedicated solely to a Pacific Island country demonstrates the
United States' ongoing commitment to the region and to the
Pacific Island countries.
(b) Establishment of Embassies.--
(1) In general.--The Secretary of State should establish
physical United States embassies in the Republic of Kiribati
and in the Kingdom of Tonga, and a physical presence in the
Republic of Vanuatu as soon as possible.
(2) Other strategies.--
(A) Physical infrastructure.--In establishing embassies
pursuant to paragraph (1) and creating the physical
infrastructure to ensure the physical and operational safety
of embassy personnel, the Secretary may pursue rent or
purchase existing buildings or co-locate personnel in
embassies of like-minded partners, such as Australia and New
Zealand.
(B) Personnel.--In establishing a physical presence in the
Republic of Vanuatu pursuant to paragraph (1), the Secretary
may assign 1 or more United States Government personnel to
the Republic of Vanuatu as part of the United States mission
in Papua New Guinea.
(3) Waiver authority.--The President may waive the
requirements under paragraph (1) for a period of one year if
the President determines and reports to Congress in advance
that such waiver is necessary to protect the national
security interests of the United States.
(c) Authorization of Appropriations.--Of the amounts
authorized to be appropriated to the Department of State for
Embassy Security, Construction, and Maintenance--
(1) $40,200,000 is authorized to be appropriated for fiscal
year 2023 for the establishment and maintenance of the 3
embassies authorized to be established under subsection (b);
and
(2) $3,000,000 is authorized to be appropriated for fiscal
year 2024 to maintain such embassies.
(d) Report.--
(1) Defined term.--In this subsection, the term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(2) Progress report.--Not later than 180 days following the
date of the enactment of this Act, the Secretary of State
shall submit to the appropriate committees of Congress a
report that includes--
(A) a description of the status of activities carried out
to achieve the objectives described in this section;
(B) an estimate of when embassies and a physical presence
will be fully established pursuant to subsection (b)(1); and
(C) an update on events in the Pacific Islands region
relevant to the establishment of United States embassies,
including activities by the People's Republic of China.
(3) Report on final disposition.--Not later than 2 years
after the date of the enactment of this Act, the Secretary
shall submit a report to the appropriate committees of
Congress that--
(A) confirms the establishment of the 2 embassies and the
physical presence required under subsection (b)(1); or
(B) if the embassies and physical presence required in
subsection (b)(1) have not been established, a justification
for such failure to comply with such requirement.
TITLE LIV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION
SEC. 5401. REPORT ON BARRIERS TO APPLYING FOR EMPLOYMENT WITH
THE DEPARTMENT OF STATE.
Not later than 120 days after the date of the enactment of
this Act, the Secretary shall submit a report to the
appropriate congressional committees that--
(1) identifies any barriers for applicants applying for
employment with the Department;
(2) provides demographic data of online applicants during
the most recent 3 years disaggregated by race, ethnicity,
sex, age, veteran status, disability, geographic region;
(3) assesses any barriers that exist for applying online
for employment with the Department, disaggregated by race,
ethnicity, sex, age, veteran status, disability, geographic
region; and
(4) includes recommendations for addressing any disparities
identified in the online application process.
SEC. 5402. 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 a
report to the appropriate congressional committees that
includes disaggregated demographic data and other information
regarding the diversity of the workforce of the Department.
(b) Data.--The report required under subsection (a) shall
include, to the maximum extent that the collection and
dissemination of such data can be done in a way that protects
the confidentiality of individuals and is otherwise
permissible by law--
(1) demographic data on each element of the workforce of
the Department during the 5-year period ending on the date of
the enactment of this Act, disaggregated by rank and grade or
grade-equivalent, with respect to--
(A) individuals hired to join the workforce;
(B) individuals promoted, including promotions to and
within the Senior Executive Service or the Senior Foreign
Service;
(C) individuals serving as special assistants in any of the
offices of the Secretary of State, the Deputy Secretary of
State, the Counselor of the Department of State, the
Secretary's Policy Planning Staff, the Under Secretary of
State for Arms Control and International Security, the Under
Secretary of State for Civilian Security, Democracy, and
Human Rights, the Under Secretary of State for Economic
Growth, Energy, and the Environment, the Under Secretary of
State for Management, the Under Secretary of State for
Political Affairs, and the Under Secretary of State for
Public Diplomacy and Public Affairs;
(D) individuals serving in each bureau's front office;
(E) individuals serving 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; and
(J) individuals who separated from the agency, 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; and
(3) data on the overall number of individuals who are part
of the workforce, the percentages of such workforce
corresponding to each element specified in paragraph (1), and
the percentages corresponding to each rank, grade, or grade
equivalent.
(c) Effectiveness of Department Efforts.--The report
required under subsection (a) shall 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 abroad;
(2) to enforce anti-harassment and anti-discrimination
policies, both domestically and at posts overseas;
[[Page S6536]]
(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 at 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 or via online platforms 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 agencywide policy
initiatives.
(d) Annual Report.--
(1) In general.--Not later than 1 year after the
publication of the report required under subsection (a), the
Secretary of State shall submit a report to the appropriate
congressional committees, and make such report available on
the Department's website, that includes, without compromising
the confidentiality of individuals and to the extent
otherwise consistent with law--
(A) disaggregated demographic data, to the maximum extent
that collection of such data is permissible by law, relating
to the workforce and information on the status of diversity
and inclusion efforts of the Department;
(B) an analysis of applicant flow data, to the maximum
extent that collection of such data is permissible by law;
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.
(2) Combination with other annual report.--The report
required under paragraph (1) may be combined with another
annual report required by law, to the extent practicable.
SEC. 5403. 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 individuals belonging to an
underrepresented group within the Department and USAID.
(b) Study.--
(1) In general.--The Secretary and the Administrator of
USAID shall conduct a study on the feasibility of
establishing Centers of Excellence in Foreign Affairs and
Assistance (referred to in this section as the ``Centers of
Excellence'') within institutions that serve individuals
belonging to an underrepresented group to focus on 1 or more
of the areas described in paragraph (2).
(2) Elements.--In conducting the study required under
paragraph (1), the Secretary and the Administrator,
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).
SEC. 5404. INSTITUTE FOR TRANSATLANTIC ENGAGEMENT.
(a) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Secretary is authorized to
establish the Institute for Transatlantic Engagement
(referred to in this section as the ``Institute'').
(b) Purpose.--The purpose of the Institute shall be to
strengthen national security by highlighting, to a
geographically diverse set of populations from the United
States, Canada, and European nations, the importance of the
transatlantic relationship and the threats posed by
adversarial countries, such as the Russian Federation and the
People's Republic of China, to democracy, free-market
economic principles, and human rights, with the aim that
lessons learned from the Institute will be shared across the
United States and Europe.
(c) Director.--The Institute shall be headed by a Director,
who shall have expertise in transatlantic relations and
diverse populations in the United States and Europe.
(d) Scope and Activities.--The Institute shall--
(1) strengthen knowledge of the formation and
implementation of transatlantic policies critical to national
security, including the threats posed by the Russian
Federation and the People's Republic of China;
(2) increase awareness of the roles of government and
nongovernmental actors, such as multilateral organizations,
businesses, civil society actors, academia, think tanks, and
philanthropic institutions, in transatlantic policy
development and execution;
(3) increase understanding of the manner in which diverse
backgrounds and perspectives affect the development of
transatlantic policies;
(4) enhance the skills, abilities, and effectiveness of
government officials at national and international levels;
(5) increase awareness of the importance of, and interest
in, international public service careers;
(6) annually invite not fewer than 30 individuals to
participate in programs of the Institute;
(7) not less than 3 times annually, convene representatives
of the Government of the United States, the Government of
Canada, and of governments of European nations for a program
offered by the Institute that is not less than 2 days in
duration; and
(8) develop metrics to track the success and efficacy of
the program.
(e) Eligibility to Participate.--Participants in the
programs of the Institute shall include elected government
officials--
(1) serving at national, regional, or local levels in the
United States, Canada, and European nations; and
(2) who represent geographically diverse backgrounds or
constituencies in the United States, Canada, and Europe.
(f) Selection of Participants.--
(1) United states participants.--Participants from the
United States shall be appointed in an equally divided manner
by--
(A) the chairpersons and ranking members of the appropriate
congressional committees;
(B) the Speaker of the House of Representatives and the
Minority Leader of the House of Representatives; and
(C) the Majority Leader of the Senate and the Minority
Leader of the Senate.
(2) European and canadian participants.--Participants from
Europe and Canada shall be appointed by the Secretary, in
consultation with--
(A) the chairpersons and ranking members of the appropriate
congressional committees;
(B) the Speaker of the House of Representatives and the
Minority Leader of the House of Representatives; and
(C) the Majority Leader of the Senate and the Minority
Leader of the Senate.
(g) Restrictions.--
(1) Unpaid participation.--Participants in the Institute
may not be paid a salary for such participation.
[[Page S6537]]
(2) Reimbursement.--The Institute may pay or reimburse
participants for reasonable travel, lodging, and food in
connection with participation in the program.
(3) Travel.--No funds authorized to be appropriated under
subsection (h) may be used for travel for Members of Congress
to participate in Institute activities.
(h) Authorization of Appropriations.--There is authorized
to be appropriated up to $750,000 for fiscal year 2023 to
carry out this section.
SEC. 5405. RULE OF CONSTRUCTION.
Nothing in this division may be construed as altering
existing law regarding merit system principles.
TITLE LV--INFORMATION SECURITY AND CYBER DIPLOMACY
SEC. 5501. 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, which--
(A) promotes democracy, the rule of law, and human rights,
including freedom of expression;
(B) supports the ability to innovate, communicate, and
promote economic prosperity; and
(C) is designed to protect privacy and guard against
deception, malign influence, incitement to violence,
harassment and abuse, 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 efforts described in paragraphs
(1) and (2)--
(A) to provide incentives to the private sector to
accelerate the development of the technologies referred to in
such paragraphs;
(B) to modernize and harmonize with allies and partners
export controls and investment screening regimes and
associated policies and regulations; and
(C) to 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, as appropriate, including private sector
companies, nongovernmental organizations, security
researchers, and other relevant stakeholders, in the conduct
of bilateral and multilateral relations, shall strive--
(1) to clarify the applicability of international laws and
norms to the use of information and communications technology
(referred to in this subsection as ``ICT'');
(2) to reduce and limit the risk of escalation and
retaliation in cyberspace, damage to critical infrastructure,
and other malicious cyber activity that impairs the use and
operation of critical infrastructure that provides services
to the public;
(3) to cooperate with like-minded countries that share
common values and cyberspace policies with the United States,
including respect for human rights, democracy, and the rule
of law, to advance such values and policies internationally;
(4) to encourage the responsible development of new,
innovative technologies and ICT products that strengthen a
secure internet architecture that is accessible to all;
(5) to secure and implement commitments on responsible
country behavior in cyberspace, including commitments by
countries--
(A) not to conduct, or knowingly support, cyber-enabled
theft of intellectual property, including trade secrets or
other confidential business information, with the intent of
providing competitive advantages to companies or commercial
sectors;
(B) to take all appropriate and reasonable efforts to keep
their territories clear of intentionally wrongful acts using
ICT in violation of international commitments;
(C) not to conduct or knowingly support ICT activity that
intentionally damages or otherwise impairs the use and
operation of critical infrastructure providing services to
the public, in violation of international law;
(D) to take appropriate measures to protect the country's
critical infrastructure from ICT threats;
(E) not to conduct or knowingly support malicious
international activity that harms the information systems of
authorized international emergency response teams (also known
as ``computer emergency response teams'' or ``cybersecurity
incident response teams'') of another country or authorize
emergency response teams to engage in malicious international
activity, in violation of international law;
(F) to respond to appropriate requests for assistance to
mitigate malicious ICT activity emanating from their
territory and aimed at the critical infrastructure of another
country;
(G) to not restrict cross-border data flows or require
local storage or processing of data; and
(H) to protect the exercise of human rights and fundamental
freedoms on the internet, while recognizing that the human
rights that people have offline also need to be protected
online; and
(6) to advance, encourage, and support the development and
adoption of internationally recognized technical standards
and best practices.
SEC. 5502. BUREAU OF CYBERSPACE AND DIGITAL POLICY.
(a) In General.--Section 1 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a), is amended--
(1) by redesignating subsections (i) and (j) as subsection
(j) and (k), respectively;
(2) by redesignating subsection (h) (as added by section
361(a)(1) of division FF of the Consolidated Appropriations
Act, 2021 (Public Law 116-260)) as subsection (l); and
(3) by inserting after subsection (h) the following:
``(i) Bureau of Cyberspace and Digital Policy.--
``(1) In general.--There is established, within the
Department of State, the Bureau of Cyberspace and Digital
Policy (referred to in this subsection as the `Bureau'). The
head of the Bureau shall have the rank and status of
ambassador and shall be appointed by the President, by and
with the advice and consent of the Senate.
``(2) Duties.--
``(A) In general.--The head of the Bureau shall perform
such duties and exercise such powers as the Secretary of
State shall prescribe, including implementing the diplomatic
and foreign policy aspects of the policy described in section
5501(a) of the Department of State Authorization Act of 2022.
``(B) Duties described.--The principal duties and
responsibilities of the head of the Bureau shall, in
furtherance of the diplomatic and foreign policy mission of
the Department, be--
``(i) to serve as the principal cyberspace policy official
within the senior management of the Department of State and
as the advisor to the Secretary of State for cyberspace and
digital issues;
``(ii) to lead, coordinate, and execute, in coordination
with other relevant bureaus and offices, the Department of
State's diplomatic cyberspace, and cybersecurity efforts
(including efforts related to data privacy, data flows,
internet governance, information and communications
technology standards, and other issues that the Secretary has
assigned to the Bureau);
``(iii) to coordinate with relevant Federal agencies and
the Office of the National Cyber Director to ensure the
diplomatic and foreign policy aspects of the cyber strategy
in section 5501 of the Department of State Authorization Act
of 2022 and any other subsequent strategy are implemented in
a manner that is fully integrated with the broader strategy;
``(iv) to promote an open, interoperable, reliable, and
secure information and communications technology
infrastructure globally;
``(v) to represent the Secretary of State in interagency
efforts to develop and advance Federal Government cyber
priorities and activities, including efforts to develop
credible national capabilities, strategies, and policies to
deter and counter cyber adversaries, and carry out the
purposes of title V of the Department of State Authorization
Act of 2022;
``(vi) to engage civil society, the private sector,
academia, and other public and private entities on relevant
international cyberspace and international information and
communications technology issues;
``(vii) to support United States Government efforts to
uphold and further develop global deterrence frameworks for
malicious cyber activity;
``(viii) to advise the Secretary of State and coordinate
with foreign governments regarding responses to national
security-level cyber incidents, including coordination on
diplomatic response efforts to support allies and partners
threatened by malicious cyber activity, in conjunction with
members of the North Atlantic Treaty Organization and like-
minded countries;
``(ix) to promote the building of foreign capacity relating
to cyberspace policy priorities;
``(x) to promote an open, interoperable, reliable, and
secure information and communications technology
infrastructure globally and an open, interoperable, secure,
and reliable internet governed by the multi-stakeholder
model;
``(xi) to promote an international regulatory environment
for technology investments and the internet that benefits
United States economic and national security interests;
``(xii) to promote cross-border flow of data and combat
international initiatives seeking to impose unreasonable
requirements on United States businesses;
``(xiii) to promote international policies to protect the
integrity of United States and international
telecommunications infrastructure from foreign-based threats,
including cyber-enabled threats;
``(xiv) to lead engagement, in coordination with relevant
executive branch agencies, with foreign governments on
relevant international cyberspace, cybersecurity, cybercrime,
and digital economy issues described in title V of the
Department of State Authorization Act of 2022;
``(xv) to promote international policies to secure radio
frequency spectrum in the best interests of the United
States;
``(xvi) to promote and protect the exercise of human
rights, including freedom of speech and religion, through the
internet;
``(xvii) to build capacity of United States diplomatic
officials to engage on cyberspace issues;
``(xviii) to encourage the development and adoption by
foreign countries of internationally recognized standards,
policies, and best practices;
[[Page S6538]]
``(xix) to support efforts by the Global Engagement Center
to counter cyber-enabled information operations against the
United States or its allies and partners; and
``(xx) to conduct such other matters as the Secretary of
State may assign.
``(3) Qualifications.--The head of the Bureau should be an
individual of demonstrated competency in the fields of--
``(A) cybersecurity and other relevant cyberspace and
information and communications technology policy issues; and
``(B) international diplomacy.
``(4) Organizational placement.--
``(A) Initial placement.--Except as provided in
subparagraph (B), the head of the Bureau shall report to the
Deputy Secretary of State.
``(B) Subsequent placement.--The head of the Bureau may
report to an Under Secretary of State or to an official
holding a higher position than Under Secretary if, not later
than 15 days before any change in such reporting structure,
the Secretary of State--
``(i) consults with the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs of the House
of Representatives; and
``(ii) submits a report to such committees that--
``(I) indicates that the Secretary, with respect to the
reporting structure of the Bureau, has consulted with and
solicited feedback from--
``(aa) other relevant Federal entities with a role in
international aspects of cyber policy; and
``(bb) the elements of the Department of State with
responsibility for aspects of cyber policy, including the
elements reporting to--
``(AA) the Under Secretary of State for Political Affairs;
``(BB) the Under Secretary of State for Civilian Security,
Democracy, and Human Rights;
``(CC) the Under Secretary of State for Economic Growth,
Energy, and the Environment;
``(DD) the Under Secretary of State for Arms Control and
International Security Affairs;
``(EE) the Under Secretary of State for Management; and
``(FF) the Under Secretary of State for Public Diplomacy
and Public Affairs;
``(II) describes the new reporting structure for the head
of the Bureau and the justification for such new structure;
and
``(III) includes a plan describing how the new reporting
structure will better enable the head of the Bureau to carry
out the duties described in paragraph (2), including the
security, economic, and human rights aspects of cyber
diplomacy.
``(5) Special hiring authorities.--The Secretary of State
may--
``(A) appoint employees without regard to the provisions of
title 5, United States Code, regarding appointments in the
competitive service; and
``(B) 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) Coordination.--In implementing the duties prescribed
under paragraph (2), the head of the Bureau shall coordinate
with the heads of such Federal agencies as the National Cyber
Director deems appropriate.
``(7) Rule of construction.--Nothing in this subsection may
be construed--
``(A) to preclude the head of the Bureau from being
designated as an Assistant Secretary, if such an Assistant
Secretary position does not increase the number of Assistant
Secretary positions at the Department above the number
authorized under subsection (c)(1); or
``(B) to alter or modify the existing authorities of any
other Federal agency or official.''.
(b) Sense of Congress.--It is the sense of Congress that
the Bureau established under section 1(i) of the State
Department Basic Authorities Act of 1956, as added by
subsection (a), should have a diverse workforce composed of
qualified individuals, including individuals belonging to an
underrepresented group.
(c) United Nations.--The Permanent Representative of the
United States to the United Nations should use the voice,
vote, and influence of the United States to oppose any
measure that is inconsistent with the policy described in
section 5501(a).
SEC. 5503. INTERNATIONAL CYBERSPACE AND DIGITAL POLICY
STRATEGY.
(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--
(1) a review of actions and activities undertaken to
support the policy described in section 5501(a);
(2) a plan of action to guide the diplomacy of the
Department with regard to foreign countries, including--
(A) conducting bilateral and multilateral activities--
(i) to develop and support the implementation of norms of
responsible country behavior in cyberspace consistent with
the objectives specified in section 5501(b)(5);
(ii) to reduce the frequency and severity of cyberattacks
on United States individuals, businesses, governmental
agencies, and other organizations;
(iii) to reduce cybersecurity risks to United States and
allied critical infrastructure;
(iv) to improve allies' and partners' collaboration with
the United States on cybersecurity issues, including
information sharing, regulatory coordination and improvement,
and joint investigatory and law enforcement operations
related to cybercrime; and
(v) to 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 regarding cyberspace;
(3) a review of alternative concepts for international
norms regarding cyberspace offered by foreign countries;
(4) a detailed description, in consultation with the Office
of the National Cyber Director and relevant Federal agencies,
of new and evolving threats regarding cyberspace from foreign
adversaries, state-sponsored actors, and non-state actors
to--
(A) United States national security;
(B) the 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 the policy tools available to the President
to deter and de-escalate tensions with foreign countries,
state-sponsored actors, and private actors regarding--
(A) threats in cyberspace;
(B) the degree to which such tools have been used; and
(C) 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, in coordination with the Office of the
National Cyber Director and the Office of Management and
Budget, to determine whether the budgetary resources,
technical expertise, legal authorities, and personnel
available to the Department are adequate to achieve the
actions and activities undertaken by the Department to
support the policy described in section 5501(a);
(8) a review to determine whether the Department is
properly organized and coordinated with other Federal
agencies to achieve the objectives described in section
5501(b); and
(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
respect to the 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.
(d) Briefing.--Not later than 30 days after the completion
of the strategy required under subsection (a), the Secretary
shall brief the Committee on Foreign Relations of the Senate,
the Select Committee on Intelligence of the Senate, the
Committee on Armed Services of the Senate, the Committee on
Foreign Affairs of the House of Representatives, the
Permanent Select Committee on Intelligence of the House of
Representatives, and the Committee on Armed Services of the
House of Representatives regarding the strategy, including
any material contained in a classified annex.
(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 1 year after the inauguration of each
new President.
SEC. 5504. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON CYBER
DIPLOMACY.
Not later than 18 months after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit a report and provide a briefing to the appropriate
congressional committees that includes--
(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 regarding
cyberspace, including the policy described in section
5501(a);
(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 regarding
cyberspace, including a review of--
(A) the establishment of a Bureau within the Department to
lead the Department's international cyber mission;
(B) the current or proposed diplomatic mission, structure,
staffing, funding, and activities of such Bureau;
(C) how the establishment of such Bureau has impacted or is
likely to impact the structure and organization of the
Department; and
[[Page S6539]]
(D) what challenges, if any, the Department has faced or
will face in establishing such Bureau; and
(3) any other matters that the Comptroller General
determines to be relevant.
SEC. 5505. REPORT ON DIPLOMATIC PROGRAMS TO DETECT AND
RESPOND TO CYBER THREATS AGAINST ALLIES AND
PARTNERS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary, in coordination with the heads of
other relevant Federal agencies, shall submit a report to the
appropriate congressional committees that assesses the
capabilities of the Department to provide civilian-led
support for acute cyber incident response in ally and partner
countries that includes--
(1) a description and assessment of the Department's
coordination with cyber programs and operations of the
Department of Defense and the Department of Homeland
Security;
(2) recommendations on how to improve coordination and
executive of Department involvement in programs or operations
to support allies and partners in responding to acute cyber
incidents; and
(3) the budgetary resources, technical expertise, legal
authorities, and personnel needed for the Department to
formulate and implement the programs described in this
section.
SEC. 5506. CYBERSECURITY RECRUITMENT AND RETENTION.
(a) Sense of Congress.--It is the sense of Congress that
improving computer programming language proficiency will
improve--
(1) the cybersecurity effectiveness of the Department; and
(2) the ability of foreign service officers to engage with
foreign audiences on cybersecurity matters.
(b) Technology Talent Acquisition.--
(1) Establishment.--The Secretary shall establish positions
within the Bureau of Global Talent Management that are solely
dedicated to the recruitment and retention of Department
personnel with backgrounds in cybersecurity, engineering,
data science, application development, artificial
intelligence, critical and emerging technology, and
technology and digital policy.
(2) Goals.--The goals of the positions described in
paragraph (1) shall be--
(A) to fulfill the critical need of the Department to
recruit and retain employees for cybersecurity, digital, and
technology positions;
(B) to actively recruit relevant candidates from academic
institutions, the private sector, and related industries;
(C) 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
(D) to inform and train supervisors at the Department on
the use of the authorities listed in subsection (c)(1).
(3) Implementation plan.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit
a plan to the appropriate congressional committees that
describes how the objectives and goals set forth in
paragraphs (1) and (2) will be implemented.
(4) Authorization of appropriations.--There is authorized
to be appropriated $750,000 for each of the fiscal years 2023
through 2027 to carry out this subsection.
(c) Annual Report on Hiring Authorities.--Not later than 1
year after the date of the enactment of this Act, and
annually thereafter for the following 5 years, the Secretary
shall submit a report to the appropriate congressional
committees that includes--
(1) a list of the hiring authorities available to the
Department to recruit and retain personnel with backgrounds
in cybersecurity, engineering, data science, application
development, artificial intelligence, critical and emerging
technology, and technology and digital policy;
(2) a list of which hiring authorities described in
paragraph (1) have been used during the previous 5 years;
(3) the number of employees in qualified positions hired,
aggregated by position and grade level or pay band;
(4) the number of employees who have been placed 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 of individuals who are
not interviewed by subject matter experts; and
(7) recommendations for--
(A) reducing the attrition rate referred to in paragraph
(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
such personnel can obtain the necessary security clearance;
and
(D) informing and training supervisors within the
Department on the use of the authorities listed in paragraph
(1).
(d) Incentive Pay for Cybersecurity Professionals.--To
increase the number of qualified candidates available to
fulfill the cybersecurity needs of the Department, the
Secretary shall--
(1) include computer programming languages within the
Recruitment Language Program; and
(2) provide appropriate language incentive pay.
(e) Report.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter for the
following 5 years, the Secretary shall provide a list to the
appropriate congressional committees that identifies--
(1) the computer programming languages included within the
Recruitment Language Program and the language incentive pay
rate; and
(2) the number of individuals benefitting from the
inclusion of such computer programming languages in the
Recruitment Language Program and language incentive pay.
SEC. 5507. 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 addressing how the most recent and relevant
technologies affect the activities of the Department.
(b) Throughput Objectives.--The Secretary should ensure
that--
(1) during the first year that the course developed
pursuant to subsection (a) is offered, not fewer than 20
percent of senior officials are certified as having passed
such course; and
(2) in each subsequent year, until the date on which 80
percent of senior officials are certified as having passed
such course, an additional 10 percent of senior officials are
certified as having passed such course.
SEC. 5508. ESTABLISHMENT AND EXPANSION OF REGIONAL TECHNOLOGY
OFFICER PROGRAM.
(a) Regional Technology Officer Program.--
(1) Establishment.--The Secretary shall establish a
program, which shall be known as the ``Regional Technology
Officer Program'' (referred to in this section as the
``Program'').
(2) Goals.--The goals of the Program shall include the
following:
(A) Promoting United States leadership in technology
abroad.
(B) Working with partners to increase the deployment of
critical and emerging technology in support of democratic
values.
(C) Shaping diplomatic agreements in regional and
international fora with respect to critical and emerging
technologies.
(D) Building diplomatic capacity for handling critical and
emerging technology issues.
(E) Facilitating the role of critical and emerging
technology in advancing the foreign policy objectives of the
United States through engagement with research labs,
incubators, and venture capitalists.
(F) Maintaining 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
an implementation plan to the appropriate congressional
committees that outlines strategies for--
(1) advancing the goals described in subsection (a)(2);
(2) hiring Regional Technology Officers and increasing the
competitiveness of the Program within the Foreign Service
bidding process;
(3) expanding the Program to include a minimum of 15
Regional Technology Officers; and
(4) assigning not fewer than 2 Regional Technology Officers
to posts within--
(A) each regional bureau of the Department; and
(B) 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 regarding the
status of the implementation plan required under subsection
(b).
(d) Authorization of Appropriations.--There is authorized
to be appropriated up to $25,000,000 for each of the fiscal
years 2023 through 2027 to carry out this section.
SEC. 5509. 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 (referred to in this section as the ``VDP'') to
improve Department cybersecurity by--
(A) creating Department policy and infrastructure to
receive reports of and remediate discovered vulnerabilities
in line with existing policies of the Office of Management
and Budget and the Department of Homeland Security Binding
Operational Directive 20-01 or any subsequent directive; and
(B) providing a report on such policy and infrastructure to
Congress.
[[Page S6540]]
(2) Annual reports.--Not later than 180 days after the
establishment of the VDP pursuant to paragraph (1), and
annually thereafter for the following 5 years, the Secretary
shall submit a report on the VDP to the Committee on Foreign
Relations of the Senate, the Committee on Homeland Security
and Governmental Affairs of the Senate, the Select Committee
on Intelligence of the Senate, the Committee on Foreign
Affairs of the House of Representatives, the Committee on
Homeland Security of the House of Representatives, and the
Permanent Select Committee on Intelligence of the House of
Representatives that includes information relating to--
(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 of State
remediation plans;
(D) the average 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) how the 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; and
(H) any other topic that the Secretary determines to be
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 submit a
report to Congress that describes any ongoing efforts by the
Department or a third-party vendor under contract with the
Department to establish or carry out a bug bounty program
that identifies security vulnerabilities of internet-facing
information technology of the Department.
(2) Report.--Not later than 180 days after the date on
which any bug bounty program is established, the Secretary
shall submit a report to the Committee on Foreign Relations
of the Senate, the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on
Homeland Security of the House of Representatives regarding
such program, including information relating to--
(A) the number of approved individuals, organizations, or
companies involved in such program, disaggregated 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 for such outstanding vulnerabilities;
(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) the public accessibility of contact information for the
Department regarding the bug bounty program;
(I) the incorporation of bug bounty program identified
vulnerabilities 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.
TITLE LVI--PUBLIC DIPLOMACY
SEC. 5601. UNITED STATES PARTICIPATION IN 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), and subject to subsection (b), amounts available
under title I of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2022 (division K of
Public Law 117-103), or under prior such Acts, may be made
available to pay for expenses related to United States
participation in international fairs and expositions abroad,
including for construction and operation of pavilions or
other major exhibits.
(b) 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.
(c) Authorization of Appropriations.--There is authorized
to be appropriated up to $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.
SEC. 5602. PRESS FREEDOM CURRICULUM.
The Secretary shall ensure that there is a press freedom
curriculum for the National Foreign Affairs Training Center
that enables Foreign Service officers to better understand
issues of press freedom and the tools that are available to
help protect journalists and promote freedom of the press
norms, which may include--
(1) the historic and current issues facing press freedom,
including countries of specific concern;
(2) the Department's role in promoting press freedom as an
American value, a human rights issue, and a national security
imperative;
(3) ways to incorporate press freedom promotion into other
aspects of diplomacy; and
(4) existing tools to assist journalists in distress and
methods for engaging foreign governments and institutions on
behalf of individuals engaged in journalistic activity who
are at risk of harm.
SEC. 5603. 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. 5604. 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 LVII--OTHER MATTERS
SEC. 5701. SUPPORTING THE EMPLOYMENT OF UNITED STATES
CITIZENS BY INTERNATIONAL ORGANIZATIONS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Department should continue to eliminate the
unreasonable barriers United States nationals face to obtain
employment in the United Nations Secretariat, funds,
programs, and agencies; and
(2) the Department should bolster efforts to increase the
number of qualified United States nationals who are
candidates for leadership and oversight positions in the
United Nations system, agencies, and commissions, and in
other international organizations.
(b) In General.--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, and analytical
services to support United States citizen applicants; and
(2) making grants for the purposes described in paragraph
(1).
(c) Using Diplomatic Programs Funding To Promote the
Employment of United States Citizens by International
Organizations.--Amounts appropriated under the heading
``Diplomatic Programs'' in Acts making appropriations for the
Department of State, Foreign Operations, and Related Programs
are authorized to be appropriated for grants, programs, and
activities described in subsection (b).
(d) Strategy to Establish Junior Professional Program.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary, in coordination
with the Secretary of the Treasury and other relevant cabinet
members, shall publish a strategy for encouraging United
States citizens to pursue careers with international
organizations, particularly organizations that--
(A) set international scientific, technical, or commercial
standards; or
(B) are involved in international finance and development.
(2) Report to congress.--Not later than 90 days after the
date of the enactment of this Act, the Secretary, in
coordination with the Secretary of the Treasury and other
relevant cabinet members, shall submit a report to the
appropriate congressional committees that identifies--
(A) the number of United States citizens who are involved
in relevant junior professional programs in an international
organization;
[[Page S6541]]
(B) the distribution of individuals described in
subparagraph (A) among various international organizations;
and
(C) the types of predeployment training that are available
to United States citizens through a junior professional
program at an international organization.
SEC. 5702. 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. 5703. LIMITATION ON UNITED STATES CONTRIBUTIONS TO
PEACEKEEPING OPERATIONS NOT AUTHORIZED BY THE
UNITED NATIONS SECURITY COUNCIL.
The United Nations Participation Act of 1945 (22 U.S.C. 287
et seq.) is amended by adding at the end the following:
``SEC. 12. LIMITATION ON UNITED STATES CONTRIBUTIONS TO
PEACEKEEPING OPERATIONS NOT AUTHORIZED BY THE
UNITED NATIONS SECURITY COUNCIL.
``None of the funds authorized to be appropriated or
otherwise made available to pay assessed and other expenses
of international peacekeeping activities under this Act may
be made available for an international peacekeeping operation
that has not been expressly authorized by the United Nations
Security Council.''.
SEC. 5704. BOARDS OF RADIO FREE EUROPE/RADIO LIBERTY, RADIO
FREE ASIA, THE MIDDLE EAST BROADCASTING
NETWORKS, AND THE OPEN TECHNOLOGY FUND.
The United States International Broadcasting Act of 1994
(22 U.S.C. 6201 et seq.) is amended by inserting after
section 306 (22 U.S.C. 6205) the following:
``SEC. 307. GRANTEE CORPORATE BOARDS OF DIRECTORS.
``(a) In General.--The corporate board of directors of each
grantee under this title--
``(1) shall be bipartisan;
``(2) shall, except as otherwise provided in this Act, have
the sole responsibility to operate their respective grantees
within the jurisdiction of their respective States of
incorporation;
``(3) shall be composed of not fewer than 5 members, who
shall be qualified individuals who are not employed in the
public sector; and
``(4) shall appoint successors in the event of vacancies on
their respective boards, in accordance with applicable
bylaws.
``(b) Not Federal Employees.--No employee of any grantee
under this title may be a Federal employee.''.
SEC. 5705. BROADCASTING ENTITIES NO LONGER REQUIRED TO
CONSOLIDATE INTO A SINGLE PRIVATE, NONPROFIT
CORPORATION.
Section 310 of the United States International Broadcasting
Act of 1994 (22 U.S.C. 6209) is repealed.
SEC. 5706. INTERNATIONAL BROADCASTING ACTIVITIES.
Section 305(a) of the United States International
Broadcasting Act of 1994 (22 U.S.C. 6204(a)) is amended--
(1) by striking paragraph (20);
(2) by redesignating paragraphs (21), (22), and (23) as
paragraphs (20), (21), and (22), respectively; and
(3) in paragraph (20), as redesignated, by striking ``or
between grantees,''.
SEC. 5707. GLOBAL INTERNET FREEDOM.
(a) Statement of Policy.--It is the policy of the United
States to promote internet freedom through programs of the
Department and USAID that preserve and expand the internet as
an open, global space for freedom of expression and
association, which shall be prioritized for countries--
(1) whose governments restrict freedom of expression on the
internet; and
(2) that are important to the national interest of the
United States.
(b) Purpose and Coordination With Other Programs.--Global
internet freedom programming under this section--
(1) shall be coordinated with other United States foreign
assistance programs that promote democracy and support the
efforts of civil society--
(A) to counter the development of repressive internet-
related laws and regulations, including countering threats to
internet freedom at international organizations;
(B) to combat violence against bloggers and other civil
society activists who utilize the internet; and
(C) to enhance digital security training and capacity
building for democracy activists;
(2) shall seek to assist efforts--
(A) to research key threats to internet freedom;
(B) to continue the development of technologies that
provide or enhance access to the internet, including
circumvention tools that bypass internet blocking, filtering,
and other censorship techniques used by authoritarian
governments; and
(C) to maintain the technological advantage of the Federal
Government over the censorship techniques described in
subparagraph (B); and
(3) shall be incorporated into country assistance and
democracy promotion strategies, as appropriate.
(c) Authorization of Appropriations.--There are authorized
to be appropriated for fiscal year 2023--
(1) $75,000,000 to the Department and USAID, to continue
efforts to promote internet freedom globally, and shall be
matched, to the maximum extent practicable, by sources other
than the Federal Government, including the private sector;
and
(2) $49,000,000 to the United States Agency for Global
Media (referred to in this section as the ``USAGM'') and its
grantees, for internet freedom and circumvention technologies
that are designed--
(A) for open-source tools and techniques to securely
develop and distribute digital content produced by the USAGM
and its grantees;
(B) to facilitate audience access to such digital content
on websites that are censored;
(C) to coordinate the distribution of such digital content
to targeted regional audiences; and
(D) to promote and distribute such tools and techniques,
including digital security techniques.
(d) United States Agency for Global Media Activities.--
(1) Annual certification.--For any new tools or techniques
authorized under subsection (c)(2), the Chief Executive
Officer of the USAGM, in consultation with the President of
the Open Technology Fund (referred to in this subsection as
the ``OTF'') and relevant Federal departments and agencies,
shall submit an annual certification to the appropriate
congressional committees that verifies they--
(A) have evaluated the risks and benefits of such new tools
or techniques; and
(B) have established safeguards to minimize the use of such
new tools or techniques for illicit purposes.
(2) Information sharing.--The Secretary may not direct
programs or policy of the USAGM or the OTF, but may share any
research and development with relevant Federal departments
and agencies for the exclusive purposes of--
(A) sharing information, technologies, and best practices;
and
(B) assessing the effectiveness of such technologies.
(3) United states agency for global media.--The Chief
Executive Officer of the USAGM, in consultation with the
President of the OTF, shall--
(A) coordinate international broadcasting programs and
incorporate such programs into country broadcasting
strategies, as appropriate;
(B) solicit project proposals through an open, transparent,
and competitive application process, including by seeking
input from technical and subject matter experts; and
(C) support internet circumvention tools and techniques for
audiences in countries that are strategic priorities for the
OTF, in accordance with USAGM's annual language service
prioritization review.
(e) USAGM Report.--Not later than 120 days after the date
of the enactment of this Act, the Chief Executive Office of
the USAGM shall submit a report to the appropriate
congressional committees that describes--
(1) as of the date of the report--
(A) the full scope of internet freedom programs within the
USAGM, including--
(i) the efforts of the Office of Internet Freedom; and
(ii) the efforts of the Open Technology Fund;
(B) the capacity of internet censorship circumvention tools
supported by the Office of Internet Freedom and grantees of
the Open Technology Fund that are available for use by
individuals in foreign countries seeking to counteract
censors; and
(C) any barriers to the provision of the efforts described
in clauses (i) and (ii) of subparagraph (A), including access
to surge funding; and
(2) successful examples from the Office of Internet Freedom
and Open Technology Fund involving--
(A) responding rapidly to internet shutdowns in closed
societies; and
(B) ensuring uninterrupted circumvention services for USAGM
entities to promote internet freedom within repressive
regimes.
(f) Joint Report.--Not later than 60 days after the date of
the enactment of this Act, the Secretary and the
Administrator of USAID shall jointly submit a report, which
may include a classified annex, to the appropriate
congressional committees that describes--
(1) as of the date of the report--
(A) the full scope of internet freedom programs within the
Department and USAID, including--
(i) Department circumvention efforts; and
(ii) USAID efforts to support internet infrastructure;
(B) the capacity of internet censorship circumvention tools
supported by the Federal Government that are available for
use by individuals in foreign countries seeking to counteract
censors; and
(C) any barriers to provision of the efforts enumerated in
clauses (i) and (ii) of subsection (e)(1)(A), including
access to surge funding; and
(2) any new resources needed to provide the Federal
Government with greater capacity to provide and boost
internet access--
(A) to respond rapidly to internet shutdowns in closed
societies; and
(B) to provide internet connectivity to foreign locations
where the provision of additional internet access service
would promote freedom from repressive regimes.
(g) Security Audits.--Before providing any support for open
source technologies
[[Page S6542]]
under this section, such technologies must undergo
comprehensive security audits to ensure that such
technologies are secure and have not been compromised in a
manner that is detrimental to the interest of the United
States or to the interests of individuals and organizations
benefitting from programs supported by such funding.
(h) Surge.--
(1) Authorization of appropriations.--Subject to paragraph
(2), there is authorized to be appropriated, in addition to
amounts otherwise made available for such purposes, up
to$2,500,000 to support internet freedom programs in closed
societies, including programs that--
(A) are carried out in crisis situations by vetted entities
that are already engaged in internet freedom programs;
(B) involve circumvention tools; or
(C) increase the overseas bandwidth for companies that
received Federal funding during the previous fiscal year.
(2) Certification.--Amounts authorized to be appropriated
pursuant to paragraph (1) may not be expended until the
Secretary has certified to the appropriate congressional
committees, the Committee on Appropriations of the Senate,
and the Committee on Appropriations of the House of
Representatives that the use of such funds is in the national
interest of the United States.
(i) Defined Term.--In this section, the term ``internet
censorship circumvention tool'' means a software application
or other tool that an individual can use to evade foreign
government restrictions on internet access.
SEC. 5708. 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. 5709. INCREASING THE MAXIMUM ANNUAL LEASE PAYMENT
AVAILABLE WITHOUT APPROVAL BY THE SECRETARY.
Section 10(a) of the Foreign Service Buildings Act, 1926
(22 U.S.C. 301(a)), is amended by striking ``$50,000'' and
inserting ``$100,000''.
SEC. 5710. 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. 5711. OVERSEAS UNITED STATES STRATEGIC INFRASTRUCTURE
DEVELOPMENT PROJECTS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the One Belt, One Road Initiative (referred to in this
section as ``OBOR'') exploits gaps in infrastructure in
developing countries to advance the People's Republic of
China's own foreign policy objectives;
(2) although OBOR may meet many countries' short-term
strategic infrastructure needs, OBOR--
(A) frequently places countries in debt to the PRC;
(B) contributes to widespread corruption;
(C) often fails to maintain the infrastructure that is
built; and
(D) rarely takes into account human rights, labor
standards, or the environment; and
(3) the need to challenge OBOR represents a major national
security concern for the United States, as the PRC's efforts
to control markets and supply chains for strategic
infrastructure projects, including critical and strategic
minerals resource extraction, represent a grave national
security threat.
(b) Definitions.--In this section:
(1) OBOR.--The term ``OBOR'' means the One Belt, One Road
Initiative, a global infrastructure development strategy
initiated by the Government of the People's Republic of China
in 2013.
(2) PRC.--The term ``PRC'' means the People's Republic of
China.
(c) Assessment of Impact to United States National Security
of PRC Infrastructure Projects in the Developing World.--
(1) In general.--The Secretary, in coordination with the
Administrator, shall enter into a contract with an
independent research organization to prepare the report
described in paragraph (2).
(2) Report elements.--The report described in this
paragraph shall--
(A) describe the nature and cost of OBOR investments,
operation, and construction of strategic infrastructure
projects, including logistics, refining, and processing
industries and resource facilities, and critical and
strategic mineral resource extraction projects, including an
assessment of--
(i) the strategic benefits of such investments that are
derived by the PRC and the host nation; and
(ii) the negative impacts of such investments to the host
nation and to United States interests;
(B) describe the nature and total funding of United States'
strategic infrastructure investments and construction, such
as projects financed through initiatives such as Prosper
Africa and the Millennium Challenge Corporation;
(C) assess the national security threats posed by the
foreign infrastructure investment gap between China and the
United States, including strategic infrastructure, such as
ports, market access to, and the security of, critical and
strategic minerals, digital and telecommunications
infrastructure, threats to the supply chains, and general
favorability towards the PRC and the United States among the
populations of host countries;
(D) assess the opportunities and challenges for companies
based in the United States and companies based in United
States partner and allied countries to invest in foreign
strategic infrastructure projects in countries where the PRC
has focused these types of investments;
(E) identify challenges and opportunities for the United
States Government and United States partners and allies to
more directly finance and otherwise support foreign strategic
infrastructure projects, including an assessment of the
authorities and capabilities of United States agencies,
departments, public-private partnerships, and international
or multilateral organizations to support such projects
without undermining United States domestic industries, such
as domestic mineral deposits;
(F) include a feasibility study and options for United
States Government agencies to undertake or increase support
for United States businesses to support foreign, large-scale,
strategic infrastructure projects, such as roads, power
grids, and ports; and
(G) identify at least 5 strategic infrastructure projects,
with one each in the Western Hemisphere, Africa, and Asia,
that are needed, but have not yet been initiated.
(3) Submission to congress.--Not later than 1 year after
the date of the enactment of this Act, the Secretary shall
submit a copy of the report prepared pursuant to this
subsection to the Committee on Foreign Relations of the
Senate, the Select Committee on Intelligence of the Senate,
the Committee on Foreign Affairs of the House of
Representatives, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 5712. PROVISION OF PARKING SERVICES AND RETENTION OF
PARKING FEES.
The Secretary of State may--
(1) provide parking services, including electric vehicle
charging and other parking services, in facilities operated
by or for the Department; and
(2) charge fees for such services that may be deposited
into the appropriate account of the Department, to remain
available until expended for the purposes of such account.
SEC. 5713. DIPLOMATIC RECEPTION AREAS.
(a) Defined Term.--In this section, the term ``reception
areas'' has the meaning given such term in section 41(c) of
the State Department Basic Authorities Act of 1956 (22 U.S.C.
2713(c)).
(b) In General.--The Secretary may sell goods and services
and use the proceeds of such sales for administration and
related support of the reception areas consistent with
section 41(a) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2713(a)).
(c) Amounts Collected.--Amounts collected pursuant to the
authority provided under subsection (b) may be deposited into
an account in the Treasury, to remain available until
expended.
SEC. 5714. CONSULAR AND BORDER SECURITY PROGRAMS VISA
SERVICES COST RECOVERY PROPOSAL.
Section 103(d) of the Enhanced Border Security and Visa
Entry Reform Act of 2002 (8 U.S.C. 1713) is amended by adding
at the end the following: ``The amount of the machine-
readable visa fee or surcharge under this subsection may also
account for the cost of other consular services that are not
otherwise subject to a fee or surcharge retained by the
Department of State.''.
SEC. 5715. RETURN OF SUPPORTING DOCUMENTS FOR PASSPORT
APPLICATIONS THROUGH UNITED STATES POSTAL
SERVICE CERTIFIED MAIL.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall establish a
procedure that provides, to any individual applying for a new
United States passport or to renew the United States passport
of the individual by mail, the option to have supporting
documents for the application returned to the individual by
the United States Postal Service through certified mail.
(b) Cost.--
(1) Responsibility.--The cost of returning supporting
documents to an individual as described in subsection (a)
shall be the responsibility of the individual.
[[Page S6543]]
(2) Fee.--The fee charged to the individual by the
Secretary for returning supporting documents as described in
subsection (a) shall be the sum of--
(A) the retail price charged by the United States Postal
Service for the service; and
(B) the estimated cost of processing the return of the
supporting documents.
(3) Report.--The Secretary shall submit a report to the
appropriate congressional committees that--
(A) details the costs included in the processing fee
described in paragraph (2); and
(B) includes an estimate of the average cost per request.
SEC. 5716. REPORT ON DISTRIBUTION OF PERSONNEL AND RESOURCES
RELATED TO ORDERED DEPARTURES AND POST
CLOSURES.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of State shall submit a report to the
appropriate congressional committees that describes--
(1) how Department personnel and resources dedicated to
Mission Afghanistan were reallocated following the closure of
diplomatic posts in Afghanistan in August 2021; and
(2) the extent to which Department personnel and resources
for Mission Iraq were reallocated following ordered
departures for diplomatic posts in March 2020, and how such
resources were reallocated.
SEC. 5717. ELIMINATION OF OBSOLETE REPORTS.
(a) Certification of Effectiveness of the Australia
Group.--Section 2(7) of Senate Resolution 75 (105th Congress)
is amended by striking subparagraph (C).
(b) Activities of the Taliban.--Section 7044(a)(4) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2021 (division K of Public Law 116-260)
is amended by striking ``the following purposes--'' and all
that follows through ``(B)''.
(c) Plans to Implement the Gandhi-King Scholarly Exchange
Initiative.--The Gandhi-King Scholarly Exchange Initiative
Act (subtitle D of title III of division FF of Public Law
116-260) is amended by striking section 336.
(d) Progress Report on Jerusalem Embassy.--The Jerusalem
Embassy Act of 1995 (Public Law 104-45) is amended by
striking section 6.
(e) Burma's Timber Trade.--The Tom Lantos Block Burmese
JADE (Junta's Anti-Democratic Efforts) Act of 2008 (Public
Law 110-286; 50 U.S.C. 1701 note) is amended by striking
section 12.
(f) Monitoring of Assistance for Afghanistan.--Section 103
of the Afghanistan Freedom Support Act of 2002 (22 U.S.C.
7513) is amended by striking subsection (d).
(g) Presidential Anti-pedophilia Certification.--Section
102 of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995 (Public Law 103-236) is amended by striking
subsection (g).
(h) Microenterprise for Self-reliance Report.--Title III of
the Microenterprise for Self-Reliance and International Anti-
Corruption Act of 2000 (Public Law 106-309; 22 U.S.C. 2462
note) is amended by striking section 304.
SEC. 5718. LOCALITY PAY FOR FEDERAL EMPLOYEES WORKING
OVERSEAS UNDER DOMESTIC EMPLOYEE TELEWORKING
OVERSEAS AGREEMENTS.
(a) Definitions.--In this section:
(1) Civil service.--The term ``civil service'' has the
meaning given the term in section 2101 of title 5, United
States Code.
(2) Covered employee.--The term ``covered employee'' means
an employee who--
(A) occupies a position in the civil service; and
(B) is working overseas under a Domestic Employee
Teleworking Overseas agreement.
(3) Locality pay.--The term ``locality pay'' means a
locality-based comparability payment paid in accordance with
subsection (b).
(4) Nonforeign area.--The term ``nonforeign area'' has the
meaning given the term in section 591.205 of title 5, Code of
Federal Regulations, or any successor regulation.
(5) Overseas.--The term ``overseas'' means any geographic
location that is not in--
(A) the continental United States; or
(B) a nonforeign area.
(b) Payment of Locality Pay.--Each covered employee shall
be paid locality pay in an amount that is equal to the lesser
of--
(1) the amount of a locality-based comparability payment
that the covered employee would have been paid under section
5304 or 5304a of title 5, United States Code, had the
official duty station of the covered employee not been
changed to reflect an overseas location under the applicable
Domestic Employee Teleworking Overseas agreement; or
(2) the amount of a locality-based comparability payment
that the covered employee would be paid under section 1113 of
the Supplemental Appropriations Act, 2009 (Public Law 111-
32), as limited under section 5803(a)(4)(B) of this Act, if
the covered employee were an eligible member of the Foreign
Service (as defined in subsection (b) of such section 1113).
(c) Application.--Locality pay paid to a covered employee
under this section--
(1) shall begin to be paid not later than 60 days after the
date of the enactment of this Act; and
(2) shall be treated in the same manner, and subject to the
same terms and conditions, as a locality-based comparability
payment paid under section 5304 or 5304a of title 5, United
States Code.
(d) Annuity Computation.--Notwithstanding any other
provision of law, for purposes of any annuity computation
under chapter 83 or 84 of title 5, United States Code, the
basic pay of a covered employee shall--
(1) be considered to be the rate of basic pay that would
have been paid to the covered employee had the official duty
station of the covered employee not been changed to reflect
an overseas location under the applicable Domestic Employee
Teleworking Overseas agreement; and
(2) include locality pay paid to the covered employee under
this section.
SEC. 5719. MODIFICATIONS TO SANCTIONS WITH RESPECT TO HUMAN
RIGHTS VIOLATIONS.
(a) Sense of Congress.--
(1) In general.--The Global Magnitsky Human Rights
Accountability Act (22 U.S.C. 10101 et seq.) is amended by
inserting after section 1262 the following:
``SEC. 1262A. SENSE OF CONGRESS.
``It is the sense of Congress that the President should
establish and regularize information sharing and sanctions-
related decision making with like-minded governments
possessing human rights and anti-corruption sanctions
programs similar in nature to those authorized under this
subtitle.''.
(2) Clerical amendment.--The table of contents in section
2(b) and in title XII of division A of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328)
are each amended by inserting after the items relating to
section 1262 the following:
``Sec. 1262A. Sense of Congress.''.
(b) Imposition of Sanctions.--
(1) In general.--Section 1263(a) of the Global Magnitsky
Human Rights Accountability Act (22 U.S.C. 10102) is amended
by striking paragraphs (2) through (4) and inserting the
following:
``(2) is a current or former government official, or a
person acting for or on behalf of such an official, who is
responsible for or complicit in, or has directly or
indirectly engaged in--
``(A) corruption, including--
``(i) the misappropriation of state assets;
``(ii) the expropriation of private assets for personal
gain;
``(iii) corruption related to government contracts or the
extraction of natural resources; or
``(iv) bribery; or
``(B) the transfer or facilitation of the transfer of the
proceeds of corruption;
``(3) is or has been a leader or official of--
``(A) an entity, including a government entity, that has
engaged in, or whose members have engaged in, any of the
activities described in paragraph (1) or (2) related to the
tenure of the leader or official; or
``(B) an entity whose property and interests in property
are blocked pursuant to this section as a result of
activities related to the tenure of the leader or official;
``(4) has materially assisted, sponsored, or provided
financial, material, or technological support for, or goods
or services to or in support of--
``(A) an activity described in paragraph (1) or (2) that is
conducted by a foreign person;
``(B) a person whose property and interests in property are
blocked pursuant to this section; or
``(C) an entity, including a government entity, that has
engaged in, or whose members have engaged in, an activity
described in paragraph (1) or (2) conducted by a foreign
person; or
``(5) is owned or controlled by, or has acted or been
purported to act for or on behalf of, directly or indirectly,
a person whose property and interests in property are blocked
pursuant to this section.''.
(2) Consideration of certain information.--Subsection
(c)(2) of such section is amended by inserting ``corruption
and'' after ``monitor''.
(3) Requests by congress.--Subsection (d)(2) of such
section is amended to read as follows:
``(2) Requirements.--A request under paragraph (1) with
respect to whether a foreign person has engaged in an
activity described in subsection (a) shall be submitted to
the President in writing jointly by the chairperson and
ranking member of one of the appropriate congressional
committees.''.
(c) Reports to Congress.--Section 1264(a) of the Global
Magnitsky Human Rights Accountability Act (22 U.S.C.
10103(a)) is amended--
(1) in paragraph (5), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (6), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(7) a description of additional steps taken by the
President through diplomacy, international engagement, and
assistance to foreign or security sectors to address
persistent underlying causes of conduct giving rise to the
imposition of sanctions under this section, as amended on or
after the date of the enactment of this paragraph, in each
country in which foreign persons with respect to which such
sanctions have been imposed are located; and
``(8) a description of additional steps taken by the
President to ensure the pursuit of judicial accountability in
appropriate jurisdictions with respect to foreign persons
subject to sanctions under this section.''.
SEC. 5720. REPORT ON COUNTERING THE ACTIVITIES OF MALIGN
ACTORS.
(a) Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the
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Secretary, in consultation with the Secretary of the Treasury
and the Administrator, shall submit a report to the Committee
on Foreign Relations of the Senate, the Select Committee on
Intelligence of the Senate, the Committee on Foreign Affairs
of the House of Representatives, and the Permanent Select
Committee on Intelligence of the House of Representatives
regarding United States diplomatic efforts in Africa in
achieving United States policy goals and countering the
activities of malign actors.
(2) Elements.--The report required under paragraph (1)
shall include--
(A) case studies from Mali, Sudan, the Central African
Republic, the Democratic Republic of the Congo, and South
Sudan, with the goal of assessing the effectiveness of
diplomatic tools during the 5-year period ending on the date
of the enactment of this Act; and
(B) an assessment of--
(i) the extent and effectiveness of certain diplomatic
tools to advance United States priorities in the respective
case study countries, including--
(I) in-country diplomatic presence;
(II) humanitarian and development assistance;
(III) support for increased 2-way trade and investment;
(IV) United States security assistance;
(V) public diplomacy; and
(VI) accountability measures, including sanctions;
(ii) whether the use of the diplomatic tools described in
clause (i) achieved the diplomatic ends for which they were
intended; and
(iii) the means by which the Russian Federation and the
People's Republic of China exploited any openings for
diplomatic engagement in the case study countries.
(b) Form.--The report required under subsection (b) shall
be submitted in classified form.
(c) Classified Briefing Required.--Not later than 1 year
after the date of the enactment of this Act, the Secretary
and the Administrator shall jointly brief Congress regarding
the report required under subsection (b).
TITLE LVIII--EXTENSION OF AUTHORITIES
SEC. 5801. CONSULTING SERVICES.
Any consulting services through procurement contracts shall
be limited to contracts in which such expenditures are a
matter of public record and available for public inspection,
except where otherwise provided under existing law, or under
existing Executive orders issued pursuant to existing law.
SEC. 5802. DIPLOMATIC FACILITIES.
For the purposes of calculating the costs of providing new
United States diplomatic facilities in any fiscal year, in
accordance with section 604(e) of the Secure Embassy
Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865
note), the Secretary of State, in consultation with the
Director of the Office of Management and Budget, shall
determine the annual program level and agency shares for such
fiscal year in a manner that is proportional to the
contribution of the Department of State for this purpose.
SEC. 5803. EXTENSION OF EXISTING AUTHORITIES.
(a) Extension of Authorities.--
(1) Passport fees.--Section 1(b)(2) of the Passport Act of
June 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by
striking ``September 30, 2010'' and inserting ``September 30,
2024''.
(2) Incentives for critical posts.--The authority contained
in section 1115(d) of the Supplemental Appropriations Act,
2009 (Public Law 111-32) shall remain in effect through
``September 30, 2024''.
(3) USAID civil service annuitant waiver.--Section
625(j)(1)(B) of the Foreign Assistance Act of 1961 (22 U.S.C.
2385(j)(1)(B)) shall be applied by striking ``October 1,
2010'' and inserting ``September 30, 2024''.
(4) Overseas pay comparability and limitation.--
(A) In general.--The authority provided by section 1113 of
the Supplemental Appropriations Act, 2009 (Public Law 111-32)
shall remain in effect through September 30, 2024.
(B) Limitation.--The authority described in subparagraph
(A) may not be used to pay an eligible member of the Foreign
Service (as defined in section 1113(b) of the Supplemental
Appropriations Act, 2009 (Public Law 111-32)) a locality-
based comparability payment (stated as a percentage) that
exceeds two-thirds of the amount of the locality-based
comparability payment (stated as a percentage) that would be
payable to such member under section 5304 of title 5, United
States Code, if such member's official duty station were in
the District of Columbia.
(5) Inspector general annuitant waiver.--The authorities
provided in section 1015(b) of the Supplemental
Appropriations Act, 2010 (Public Law 111-212)--
(A) shall remain in effect through September 30, 2024; and
(B) may be used to facilitate the assignment of persons for
oversight of programs in Somalia, South Sudan, Syria,
Venezuela, and Yemen.
(6) Accountability review boards.--The authority provided
under section 301(a)(3) of the Omnibus Diplomatic Security
and Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall
remain in effect for facilities in Afghanistan and shall
apply to facilities in Ukraine through September 30, 2024,
except that the notification and reporting requirements
contained in such section shall include the appropriate
congressional committees, the Committee on Appropriations of
the Senate, and the Committee on Appropriations of the House
of Representatives.
(7) Department of state inspector general waiver
authority.--The Inspector General of the Department may waive
the provisions of subsections (a) through (d) of section 824
of the Foreign Service Act of 1980 (22 U.S.C. 4064), on a
case-by-case basis, for an annuitant reemployed by the
Inspector General on a temporary basis, subject to the same
constraints and in the same manner by which the Secretary of
State may exercise such waiver authority pursuant to
subsection (g) of such section.
(b) Extension of Procurement Authority.--Section 7077 of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2012 (division I of Public Law
112-74) shall continue in effect until September 30, 2024.
SEC. 5804. WAR RESERVES STOCKPILE AND MILITARY TRAINING
REPORT.
(a) Extension of War Reserves Stockpile Authority.--Section
12001(d) of the Department of Defense Appropriations Act,
2005 (Public Law 108-287; 118 Stat. 1011) is amended by
striking ``of this section'' and all that follows through the
period at the end and inserting ``of this section after
September 30, 2024.''.
(b) Annual Foreign Military Training Report.--
(1) In general.--For the purposes of implementing section
656 of the Foreign Assistance Act of 1961 (22 U.S.C. 2416),
the term ``military training provided to foreign military
personnel by the Department of Defense and the Department of
State'' shall be deemed to include all military training
provided by foreign governments with funds appropriated to
the Department of Defense or the Department of State, except
for training provided by the government of a country
designated under section 517(b) of such Act (22 U.S.C.
2321k(b)) as a major non-North Atlantic Treaty Organization
ally. Such third-country training shall be clearly identified
in the report submitted pursuant to such section 656.
(2) Distribution of report.--section 656(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2416(e)) is amended to read
as follows:
``(e) Defined Term.--In this section, the term `appropriate
congressional committees' means--
``(1) the Committee on Foreign Relations of the Senate;
``(2) the Committee on Appropriations of the Senate;
``(3) the Committee on Armed Services of the Senate;
``(4) the Committee on Foreign Affairs of the House of
Representatives;
``(5) the Committee on Appropriations of the House of
Representatives; and
``(6) the Committee on Armed Services of the House of
Representatives.''.
SEC. 5805. 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 (referred to in this
section as the ``Commission'').
(c) Purposes.--The purposes of the Commission are--
(1) to examine the changing nature of diplomacy in the 21st
century and the ways in which the Department and its
personnel can modernize to advance the interests of the
United States; and
(2) to offer recommendations to the President and Congress
related to--
(A) the organizational structure of the Department,
including a review of the jurisdictional responsibilities of
all of the Department's regional bureaus (the Bureau of
African Affairs, the Bureau of East Asian and Pacific
Affairs, the Bureau of European and Eurasian Affairs, the
Bureau of Near Eastern Affairs, the Bureau of South and
Central Asian Affairs, and the Bureau of Western Hemisphere
Affairs);
(B) personnel-related matters, including 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 of State's infrastructure (both domestic
and overseas), including infrastructure relating to
information technology, transportation, and security;
(D) the link among diplomacy and defense, intelligence,
development, commercial, health, law enforcement, and other
core United States interests;
(E) core legislation that authorizes United States
diplomacy, including the Foreign Service Act of 1980 (Public
Law 96-465);
(F) related regulations, rules, and processes that define
United States diplomatic efforts, including the Foreign
Affairs Manual; and
(G) treaties that impact United States overseas presence.
(d) Membership.--
(1) Composition.--The Commission shall be composed of 10
members, of whom--
(A) 2 members shall be appointed by the President;
(B) 1 member shall be appointed by the chairperson of the
Committee on Foreign Relations of the Senate;
[[Page S6545]]
(C) 1 member shall be appointed by the ranking member of
the Committee on Foreign Relations of the Senate;
(D) 1 member shall be appointed by the chairperson of the
Committee on Foreign Affairs of the House of Representatives;
(E) 1 member shall be appointed by the ranking member of
the Committee on Foreign Affairs of the House of
Representatives;
(F) 1 member shall be appointed by the majority leader of
the Senate, who shall serve as co-chair of the Commission;
(G) 1 member shall be appointed by the Speaker of the House
of Representatives;
(H) 1 member shall be appointed by the minority leader of
the Senate, who shall serve as co-chair of the Commission;
and
(I) 1 member shall be appointed by the minority leader of
the House of Representatives.
(2) Qualifications; meetings.--
(A) Membership.--The members of the Commission should be
prominent United States citizens, with national recognition
and significant depth of experience in international
relations and with the Department.
(B) Political party affiliation.--Not more than 4 members
of the Commission may be from the same political party.
(C) Meetings.--
(i) Initial meeting.--Not later than 45 days after the date
of the enactment of this Act, the Commission shall hold the
first meeting and begin operations as soon as practicable.
(ii) Frequency.--The Commission shall meet at the call of
the co-chairs.
(iii) Quorum.--Six members of the Commission shall
constitute a quorum for purposes of conducting business,
except that 2 members of the Commission shall constitute a
quorum for purposes of receiving testimony.
(D) 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 may not be considered the
findings and determinations of the Commission unless such
findings and determinations are approved by the Commission.
(3) Delegation.--Any member, agent, or staff of the
Commission may, if authorized by the co-chairs 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 any panel or
member of the Commission, as delegated by the co-chairs, 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 the Department, USAID, the
United States International Development Finance Corporation,
the Millennium Challenge Corporation, the Peace Corps, Trade
Development Agency, and the United States Agency for Global
Media information and data necessary to enable it to carry
out its mission, which shall be provided not later than 30
days after the Commission provides a written request for such
information and data.
(2) Contracts.--The Commission, to such extent and in such
amounts as are provided in appropriations Acts, may enter
into contracts to enable the Commission to discharge its
duties under this section.
(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) Handling.--Information may only be received, handled,
stored, and disseminated by members of the Commission and its
staff in accordance 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 nonreimbursable basis, such administrative
services, staff, 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, staff, and other support as such departments and
agencies consider advisable and authorized by law.
(5) Assistance from independent organizations.--
(A) In general.--In order to inform its work, the
Commission should review reports that were written during the
15-year period ending on the date of the enactment of this
Act by independent organizations and outside experts relating
to reform and modernization of the Department.
(B) Avoiding duplication.--In analyzing the reports
referred to in subparagraph (A), the Commission should pay
particular attention to any specific reform proposals that
have been recommended by 2 or more of such reports.
(6) Congressional consultation.--Not less frequently than
quarterly, the Commission shall provide a briefing 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 regarding the
work of the Commission.
(g) Staff and Compensation.--
(1) Staff.--
(A) Compensation.--The co-chairs of the Commission, in
accordance with rules established 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 co-chairs of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals that do not
exceed the daily equivalent of the annual rate of basic pay
prescribed for level IV of the Executive Schedule under
section 5315 of such title.
(2) Commission members.--
(A) Compensation.--
(i) In general.--Except as provided in paragraph (2), each
member of the Commission may be compensated at a rate 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.
(ii) 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 service for
the Commission, members and staff of the Commission, and any
Federal Government employees detailed to the Commission,
shall be allowed travel expenses, including per diem in lieu
of subsistence, in the same manner as persons employed
intermittently in Government service are allowed expenses
under section 5703(b) of title 5, United States Code.
(4) Security clearances for commission members and staff.--
The appropriate Federal agencies or departments shall
cooperate with the Commission in expeditiously providing to
Commission members and staff appropriate security clearances
to the extent possible pursuant to existing procedures and
requirements, except that no person shall be provided 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 a
final report to the President and to Congress that--
(A) examines all substantive aspects of Department
personnel, management, and operations; and
(B) 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,
including recommendations on whether any of the
jurisdictional responsibilities among the bureaus referred to
in subsection (c)(2)(A) should be adjusted, with particular
focus on the opportunities and costs of adjusting
jurisdictional responsibility between the Bureau of Near
Eastern Affairs to the Bureau of African Affairs, the Bureau
of East Asian and Pacific Affairs, the Bureau of South and
Central Asian Affairs, and any other bureaus as may be
necessary to advance United States efforts to strengthen its
diplomatic engagement in the Indo-Pacific region;
(B) personnel-related matters, including 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;
[[Page S6546]]
(C) the Department of State's infrastructure (both domestic
and overseas), including infrastructure relating to
information technology, transportation, and security;
(D) the link between diplomacy and defense, 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) any other areas that the Commission considers necessary
for a complete appraisal of United States diplomacy and
Department management and operations; and
(I) the amount of time, manpower, and financial resources
that would be necessary to implement the recommendations
specified under this paragraph.
(3) Department response.--The Secretary, in coordination
with the heads of appropriate Federal departments and
agencies, shall have the right to review and respond to all
Commission recommendations--
(A) before the Commission submits its report to the
President and to Congress; and
(B) not later than 90 days after receiving such
recommendations from the Commission.
(i) Termination of Commission.--
(1) In general.--The Commission, and all the authorities
under this section, shall terminate on the date that is 60
days after the date on which the final report is submitted
pursuant to subsection (h).
(2) Administrative activities before termination.--The
Commission may use the 60-day period referred to in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
reports and disseminating the report.
(j) Authorization of Appropriations.--There is authorized
to be appropriated up to $2,000,000 for fiscal year 2023 to
carry out this section.
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