[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2874-S2899]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 777. Mr. MENENDEZ (for himself and Mr. Risch) submitted an
amendment intended to be proposed by him to the bill S. 2226, to
authorize appropriations for fiscal year 2024 for military activities
of the Department of Defense, 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:
At the end, add the following:
DIVISION F--DEPARTMENT OF STATE AUTHORIZATION ACT OF 2023
SEC. 6001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Department of State Authorization Act of 2023''.
(b) Table of Contents.--The table of contents for this
division is as follows:
DIVISION F--DEPARTMENT OF STATE AUTHORIZATION ACT OF 2023
Sec. 6001. Short title; table of contents.
Sec. 6002. Definitions.
TITLE LXI--DIPLOMATIC SECURITY AND CONSULAR AFFAIRS
Sec. 6101. Passport fee expenditure authority extension.
Sec. 6102. Special hiring authority for passport services.
Sec. 6103. Quarterly report on passport wait times.
Sec. 6104. Passport travel advisories.
Sec. 6105. Strategy to ensure access to passport services for all
Americans.
Sec. 6106. Strengthening the National Passport Information Center.
Sec. 6107. Strengthening passport customer visibility and transparency.
Sec. 6108. Annual Office of Authentications report.
Sec. 6109. Annual special immigrant visa report.
Sec. 6110. Increased accountability in assignment restrictions and
reviews.
Sec. 6111. Suitability reviews for Foreign Service Institute
instructors.
Sec. 6112. Diplomatic security fellowship programs.
Sec. 6113. Victims Resource Advocacy Program.
Sec. 6114. Authority for special agents to investigate trafficking in
persons violations.
TITLE LXII--PERSONNEL MATTERS
Subtitle A--Hiring, Promotion, and Development
Sec. 6201. Adjustment to promotion precepts.
Sec. 6202. Hiring authorities.
Sec. 6203. Extending paths to service for paid student interns.
Sec. 6204. Lateral Entry Program.
Sec. 6205. Mid-Career Mentoring Program.
Sec. 6206. Report on the Foreign Service Institute's language program .
Sec. 6207. Consideration of career civil servants as chiefs of
missions.
Sec. 6208. Civil service rotational program.
Sec. 6209. Reporting requirement on chiefs of mission.
Sec. 6210. Report on chiefs of mission and deputy chiefs of mission.
Sec. 6211. Protection of retirement annuity for reemployment by
Department.
Sec. 6212. Enhanced vetting for senior diplomatic posts.
Sec. 6213. Efforts to improve retention and prevent retaliation.
Sec. 6214. National advertising campaign.
Sec. 6215. Expansion of diplomats in residence programs.
Subtitle B--Pay, Benefits, and Workforce Matters
Sec. 6221. Education allowance.
Sec. 6222. Per diem allowance for newly hired members of the Foreign
Service.
Sec. 6223. Improving mental health services for foreign and civil
servants.
Sec. 6224. Emergency back-up care.
Sec. 6225. Authority to provide services to non-chief of mission
personnel.
Sec. 6226. Exception for government-financed air transportation.
Sec. 6227. Enhanced authorities to protect locally employed staff
during emergencies.
Sec. 6228. Internet at hardship posts.
Sec. 6229. Competitive local compensation plan.
Sec. 6230. Supporting tandem couples in the Foreign Service.
Sec. 6231. Accessibility at diplomatic missions.
Sec. 6232. Report on breastfeeding accommodations overseas.
Sec. 6233. Determining the effectiveness of knowledge transfers between
Foreign Service Officers.
Sec. 6234. Education allowance for dependents of Department of State
employees located in United States territories.
TITLE LXIII--INFORMATION SECURITY AND CYBER DIPLOMACY
Sec. 6301. Data-informed diplomacy.
Sec. 6302. Establishment and expansion of the Bureau Chief Data Officer
Program.
Sec. 6303. Task force to address artificial intelligence-enabled
influence operations.
Sec. 6304. Establishment of the Chief Artificial Intelligence Officer
of the Department of State.
Sec. 6305. Strengthening the Chief Information Officer of the
Department of State.
Sec. 6306. Sense of Congress on strengthening enterprise governance.
Sec. 6307. Digital connectivity and cybersecurity partnership.
Sec. 6308. Establishment of a cyberspace, digital connectivity, and
related technologies (CDT) fund.
Sec. 6309. Cyber protection support for personnel of the Department of
State in positions highly vulnerable to cyber attack.
TITLE LXIV--ORGANIZATION AND OPERATIONS
Sec. 6401. Personal services contractors.
Sec. 6402. Hard-to-fill posts.
Sec. 6403. Enhanced oversight of the Office of Civil Rights.
Sec. 6404. Crisis response operations.
Sec. 6405. Special Envoy to the Pacific Islands Forum.
Sec. 6406. Special Envoy for Belarus.
Sec. 6407. Overseas placement of special appointment positions.
Sec. 6408. Establishment of Office of the Special Representative for
City and State Diplomacy.
TITLE LXV--ECONOMIC DIPLOMACY
Sec. 6501. Duties of officers performing economic functions.
Sec. 6502. Report on recruitment, retention, and promotion of Foreign
Service economic officers.
Sec. 6503. Mandate to revise Department of State metrics for successful
economic and commercial diplomacy.
Sec. 6504. Chief of mission economic responsibilities.
Sec. 6505. Direction to embassy deal teams.
Sec. 6506. Establishment of a ``Deal Team of the Year'' award.
TITLE LXVI--PUBLIC DIPLOMACY
Sec. 6601. Public diplomacy outreach.
Sec. 6602. Modification on use of funds for Radio Free Europe/Radio
Liberty.
Sec. 6603. International broadcasting.
Sec. 6604. John Lewis Civil Rights Fellowship program.
Sec. 6605. Domestic engagement and public affairs.
Sec. 6606. Extension of Global Engagement Center.
Sec. 6607. Paperwork Reduction Act.
Sec. 6608. Modernization and enhancement strategy.
TITLE LXVII--OTHER MATTERS
Sec. 6701. Expanding the use of DDTC licensing fees.
Sec. 6702. Prohibition on entry of officials of foreign governments
involved in significant corruption or gross violations of
human rights.
Sec. 6703. Protection of cultural heritage during crises.
Sec. 6704. National Museum of American Diplomacy.
Sec. 6705. Extraterritorial offenses committed by United States
nationals serving with international organizations.
Sec. 6706. Extension of certain privileges and immunities to the
International Energy Forum.
Sec. 6707. Extension of certain privileges and immunities to the
Conseil Europeen pour la recherche nucleaire (CERN; the
European Organization for Nuclear Research).
Sec. 6708. Internships of United States nationals at international
organizations.
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Sec. 6709. Training for international organizations.
Sec. 6710. Modification to transparency on international agreements and
non-binding instruments.
Sec. 6711. Strategy for the efficient processing of all Afghan special
immigrant visa applications and appeals.
Sec. 6712. Report on partner forces utilizing United States security
assistance identified as using hunger as a weapon of war.
Sec. 6713. Infrastructure projects and investments by the United States
and People's Republic of China.
Sec. 6714. Special envoys.
Sec. 6715. US-ASEAN Center.
Sec. 6716. Report on vetting of students from national defense
universities and other academic institutions of the
People's Republic of China.
Sec. 6717. Briefings on the United States-European Union Trade and
Technology Council.
Sec. 6718. Congressional oversight, quarterly review, and authority
relating to concurrence provided by chiefs of mission for
support of certain Government operations.
Sec. 6719. Modification and repeal of reports.
Sec. 6720. Modification of Build Act of 2018 to prioritize projects
that advance national security.
Sec. 6721. Permitting for international bridges.
TITLE LXVIII--COMBATING GLOBAL CORRUPTION
Sec. 6801. Short title.
Sec. 6802. Definitions.
Sec. 6803. Publication of tiered ranking list.
Sec. 6804. Minimum standards for the elimination of corruption and
assessment of efforts to combat corruption.
Sec. 6805. Imposition of sanctions under Global Magnitsky Human Rights
Accountability Act.
Sec. 6806. Designation of embassy anti-corruption points of contact.
TITLE IX--AUKUS MATTERS
Sec. 6901. Definitions.
Subtitle A--Outlining the AUKUS Partnership
Sec. 6911. Statement of policy on the AUKUS partnership.
Sec. 6912. Senior Advisor for the AUKUS partnership at the Department
of State.
Subtitle B--Authorization for Submarine Transfers, Support, and
Infrastructure Improvement Activities
Sec. 6921. Australia, United Kingdom, and United States submarine
security activities.
Sec. 6922. Acceptance of contributions for Australia, United Kingdom,
and United States submarine security activities; AUKUS
Submarine Security Activities Account.
Sec. 6923. Australia, United Kingdom, and United States submarine
security training.
Subtitle C--Streamlining and Protecting Transfers of United States
Military Technology From Compromise
Sec. 6931. Priority for Australia and the United Kingdom in Foreign
Military Sales and Direct Commercial Sales.
Sec. 6932. Identification and pre-clearance of platforms, technologies,
and equipment for sale to Australia and the United
Kingdom through Foreign Military Sales and Direct
Commercial Sales.
Sec. 6933. Export control exemptions and standards.
Sec. 6934. Expedited review of export licenses for exports of advanced
technologies to Australia, the United Kingdom, and
Canada.
Sec. 6935. United States Munitions List.
Subtitle D--Other AUKUS Matters
Sec. 6941. Reporting related to the AUKUS partnership.
Sec. 6942. Report on defense cooperation and export regulation.
Sec. 6943. Report on protection of sensitive information and
technology.
Sec. 6944. Report on the United States submarine industrial base.
Sec. 6945. Report on navy submarine requirements.
SEC. 6002. DEFINITIONS.
In this division:
(1) 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.
(2) Department.--The term ``Department'' means the
Department of State.
(3) Secretary.--The term ``Secretary'' means the Secretary
of State.
TITLE LXI--DIPLOMATIC SECURITY AND CONSULAR AFFAIRS
SEC. 6101. PASSPORT FEE EXPENDITURE AUTHORITY EXTENSION.
(a) Western Hemisphere Travel Initiative Fee.--To make
permanent the Western Hemisphere Travel Initiative fee,
section 1(b) of the Passport Act of June 4, 1920 (22 U.S.C.
214(b)(1)) is amended--
(1) in paragraph (1), by striking ``(1)''; and
(2) by striking paragraphs (2) and (3).
(b) Passport Fees.--Section 1(b) of the Passport Act of
June 4, 1920, as amended by subsection (a), shall be applied
through fiscal year 2028 by striking ``such costs'' and
inserting ``the costs of providing consular services''.
(c) Modernization of Passport Processing.--A portion of the
expanded expenditure authorities provided in subsections (a)
and (b) shall be used--
(1) to modernize consular systems, with an emphasis on
passport and citizenship services; and
(2) towards a feasibility study on how the Department could
provide urgent, in-person passport services to significant
populations with the longest travel times to existing
passport agencies, including the possibility of building new
passport agencies.
SEC. 6102. SPECIAL HIRING AUTHORITY FOR PASSPORT SERVICES.
During the 3-year period beginning on the date of the
enactment of this Act, the Secretary of State, without regard
to the provisions under sections 3309 through 3318 of title
5, United States Code, may directly appoint candidates to
positions in the competitive service (as defined in section
2102 of such title) at the Department in the Passport and
Visa Examining Series 0967.
SEC. 6103. QUARTERLY REPORT ON PASSPORT WAIT TIMES.
Not later than 30 days after the date of the enactment of
this Act, and quarterly thereafter for the following 3 years,
the Secretary shall submit a report to the appropriate
congressional committees that describes--
(1) the current estimated wait times for passport
processing;
(2) the steps that have been taken by the Department to
reduce wait times to a reasonable time;
(3) efforts to improve the rollout of the online passport
renewal processing program, including how much of passport
revenues the Department is spending on consular systems
modernization;
(4) the demand for urgent passport services by major
metropolitan area;
(5) the steps that have been taken by the Department to
reduce and meet the demand for urgent passport services,
particularly in areas that are greater than 5 hours driving
time from the nearest passport agency; and
(6) how the Department details its staff and resources to
passport services programs.
SEC. 6104. PASSPORT TRAVEL ADVISORIES.
Not later than 180 days after the date of the enactment of
this Act, the Department shall make prominently available in
United States regular passports, on the first three pages of
the passport, the following information:
(1) A prominent, clear advisory for all travelers to check
travel.state.gov for updated travel warnings and advisories.
(2) A prominent, clear notice urging all travelers to
register with the Department prior to overseas travel.
(3) A prominent, clear advisory--
(A) noting that many countries deny entry to travelers
during the last 6 months of their passport validity period;
and
(B) urging all travelers to renew their passport not later
than 1 year prior to its expiration.
SEC. 6105. STRATEGY TO ENSURE ACCESS TO PASSPORT SERVICES FOR
ALL AMERICANS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary shall submit a strategy to the
appropriate congressional committees, the Committee on
Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives for ensuring
reasonable access to passport services for all Americans,
which shall include--
(1) a detailed strategy describing how the Department
could--
(A) by not later than 1 year after submission of the
strategy, reduce passport processing times to an acceptable
average for renewals and for expedited service; and
(B) by not later than 2 years after the submission of the
strategy, provide United States residents living in a
significant population center more than a 5-hour drive from a
passport agency with urgent, in-person passport services,
including the possibility of building new passport agencies;
and
(2) a description of the specific resources required to
implement the strategy.
SEC. 6106. STRENGTHENING THE NATIONAL PASSPORT INFORMATION
CENTER.
(a) Sense of Congress.--It is the sense of Congress that
passport wait times since 2021 have been unacceptably long
and have created frustration among those seeking to obtain or
renew passports.
(b) Online Chat Feature.--The Department should develop an
online tool with the capability for customers to correspond
with customer service representatives regarding questions and
updates pertaining to their application for a passport or for
the renewal of a passport.
(c) GAO Report.--Not later than 90 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall initiate a review of NPIC operations,
which shall include an analysis of the extent to which NPIC--
(1) responds to constituent inquiries by telephone,
including how long constituents are kept on hold and their
ability to be placed in a queue;
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(2) provides personalized customer service;
(3) maintains its telecommunications infrastructure to
ensure it effectively handles call volumes; and
(4) other relevant issues the Comptroller General deems
appropriate.
SEC. 6107. STRENGTHENING PASSPORT CUSTOMER VISIBILITY AND
TRANSPARENCY.
(a) Online Status Tool.--Not later than 2 years after the
date of the enactment of this Act, the Department should
modernize the online passport application status tool to
include, to the greatest extent possible, step by step
updates on the status of their application, including with
respect to the following stages:
(1) Submitted for processing.
(2) In process at a lockbox facility.
(3) Awaiting adjudication.
(4) In process of adjudication.
(5) Adjudicated with a result of approval or denial.
(6) Materials shipped.
(b) Additional Information.--The tool pursuant to
subsection (a) should include a display that informs each
passport applicant of--
(1) the date on which his or her passport application was
received; and
(2) the estimated wait time remaining in the passport
application process.
(c) Report.--Not later than 90 days after the date of the
enactment of this Act, the Assistant Secretary of State for
Consular Affairs shall submit a report to the appropriate
congressional committees that outlines a plan for coordinated
comprehensive public outreach to increase public awareness
and understanding of--
(1) the online status tool required under subsection (a);
(2) passport travel advisories required under section 6104;
and
(3) passport wait times.
SEC. 6108. ANNUAL OFFICE OF AUTHENTICATIONS REPORT.
(a) Report.--The Assistant Secretary of State for Consular
Affairs shall submit an annual report for 5 years to the
appropriated congressional committees that describes--
(1) the number of incoming authentication requests, broken
down by month and type of request, to show seasonal
fluctuations in demand;
(2) the average time taken by the Office of Authentications
of the Department of State to authenticate documents, broken
down by month to show seasonal fluctuations in wait times;
(3) how the Department of State details staff to the Office
of Authentications; and
(4) the impact that hiring additional, permanent, dedicated
staff for the Office of Authentications would have on the
processing times referred to in paragraph (2).
(b) Authorization.--The Secretary of State is authorized to
hire additional, permanent, dedicated staff for the Office of
Authentications.
SEC. 6109. ANNUAL SPECIAL IMMIGRANT VISA REPORT.
Not later than one year after the date of the enactment of
this Act, and annually thereafter for 5 years, the Assistant
Secretary of State for Consular Affairs shall submit to the
appropriate congressional committees, the Committee on the
Judiciary of the Senate, and the Committee on the Judiciary
of the House of Representatives a report that identifies --
(1) the number of approved applications awaiting visas
authorized under section 203(b)(4) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)(4)) (commonly known as EB-4
visas) for special immigrants described in section
101(a)(27)(D) of such Act (8 U.S.C. 1101(a)(27)(D)) who are
employed by the United States Government, broken down by
country;
(2) an estimate of--
(A) the number of special immigrant visas authorized under
such section 101(a)(27)(D) that will be issued during the
current fiscal year; and
(B) the number of special immigrant visa applicants who
will not be granted such a visa during the current fiscal
year;
(3) the estimated period between the date on which a
qualified applicant for such a special immigrant visa submits
a completed application for such a visa and the date on which
such applicant would be issued such a visa; and
(4) the specific high-risk populations, broken down by
country, who will face increased hardship due to Department
of State delays in processing special immigrant visa
applications under such section 101(a)(27)(D).
SEC. 6110. INCREASED ACCOUNTABILITY IN ASSIGNMENT
RESTRICTIONS AND REVIEWS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the use of policies to restrict personnel from serving
in certain assignments may undermine the Department's ability
to deploy relevant cultural and linguistic skills at
diplomatic posts abroad if not applied judiciously; and
(2) the Department should continuously evaluate all
processes relating to assignment restrictions, assignment
title reviews, and preclusions at the Department.
(b) Notification of Status.--Beginning not later than 90
days after the date of the enactment of this Act, the
Secretary shall--
(1) provide a status update for all Department personnel
who, prior to such date of enactment, were subject to a prior
assignment restriction, assignment review, or preclusion for
whom a review or decision related to assignment is pending;
and
(2) on an ongoing basis, provide a status update for any
Department personnel who has been the subject of a pending
assignment restriction or pending assignment review for more
than 30 days.
(c) Notification Content.--The notification required under
subsection (b) shall inform relevant personnel, as of the
date of the notification--
(1) whether any prior assignment restriction has been
lifted;
(2) if their assignment status is subject to ongoing
review, and an estimated date for completion; and
(3) if they are subject to any other restrictions on their
ability to serve at posts abroad.
(d) Adjudication of Ongoing Assignment Reviews.--
(1) Time limit.--The Department shall establish a
reasonable time limit for the Department to complete an
assignment review and establish a deadline by which it must
inform personnel of a decision related to such a review.
(2) Appeals.--For any personnel the Department determines
are ineligible to serve in an assignment due to an assignment
restriction or assignment review, a Security Appeal Panel
shall convene not later than 120 days of an appeal being
filed.
(3) Entry-level bidding process.--The Department shall
include a description of the assignment review process and
critical human intelligence threat posts in a briefing to new
officers as part of their entry-level bidding process.
(4) Point of contact.--The Department shall designate point
of contacts in the Bureau of Diplomatic Security and Bureau
of Global Talent Management to answer employee and Career
Development Officer questions about assignment restrictions,
assignment reviews, and preclusions.
(e) Security Review Panel.--Not later than 90 days after
the date of the enactment of this Act, the Security Appeal
Panel shall be comprised of--
(1) the head of an office responsible for human resources
or discrimination who reports directly to the Secretary;
(2) the Principal Deputy Assistant Secretary for the Bureau
of Global Talent Management;
(3) the Principal Deputy Assistant Secretary for the Bureau
of Intelligence and Research;
(4) an Assistant Secretary or Deputy, or equivalent, from a
third bureau as designated by the Under Secretary for
Management;
(5) a representative from the geographic bureau to which
the restriction applies; and
(6) a representative from the Office of the Legal Adviser
and a representative from the Bureau of Diplomatic Security,
who shall serve as non-voting advisors.
(f) Appeal Rights.--Section 414(a) of the Department of
State Authorities Act, Fiscal Year 2017 (22 U.S.C. 2734c(a))
is amended by striking the first two sentences and inserting
``The Secretary shall establish and maintain a right and
process for employees to appeal a decision related to an
assignment, based on a restriction, review, or preclusion.
Such right and process shall ensure that any such employee
shall have the same appeal rights as provided by the
Department regarding denial or revocation of a security
clearance.''.
(g) FAM Update.--Not later than 120 days after the date of
the enactment of this Act, the Secretary shall amend all
relevant provisions of the Foreign Service Manual, and any
associated or related policies of the Department, to comply
with this section.
SEC. 6111. SUITABILITY REVIEWS FOR FOREIGN SERVICE INSTITUTE
INSTRUCTORS.
The Secretary shall ensure that all instructors at the
Foreign Service Institute, including direct hires and
contractors, who provide language instruction are--
(1) subject to suitability reviews and background
investigations; and
(2) subject to continuous vetting or reinvestigations to
the extend consistent with Department and Executive policy
for other Department personnel.
SEC. 6112. DIPLOMATIC SECURITY FELLOWSHIP PROGRAMS.
(a) In General.--Section 47 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2719) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(a) In General.--The Secretary''; and
(2) by adding at the end the following new subsection:
``(b) Diplomatic Security Fellowship Programs.--
``(1) Establishment.--The Secretary of State, working
through the Assistant Secretary for Diplomatic Security,
shall establish Diplomatic Security fellowship programs to
provide grants to United States nationals pursuing
undergraduate studies who commit to pursuing a career as a
special agent, security engineering officer, or in the civil
service in the Bureau of Diplomatic Security.
``(2) Rulemaking.--The Secretary shall promulgate
regulations for the administration of Diplomatic Security
fellowship programs that set forth--
``(A) the eligibility requirements for receiving a grant
under this subsection;
``(B) the process by which eligible applicants may request
such a grant;
``(C) the maximum amount of such a grant; and
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``(D) the educational progress to which all grant
recipients are obligated.''.
(b) Authorization of Appropriations.--There is authorized
to be appropriated $2,000,000 for each of fiscal years 2024
through 2028 to carry out this section.
SEC. 6113. VICTIMS RESOURCE ADVOCACY PROGRAM.
(a) Investigation Authority.--The Secretary is authorized
to investigate violations of chapter 77 of title 18, United
States Code.
(b) Funding for Human Trafficking Victims and Dependents.--
The Secretary is authorized to fund costs, including through
the Diplomatic Security Service, Victims' Resource Advocacy
Program, to support basic care and resource needs for victims
of trafficking in persons and their dependents, who are
involved in matters under Diplomatic Security Service
investigation.
SEC. 6114. AUTHORITY FOR SPECIAL AGENTS TO INVESTIGATE
TRAFFICKING IN PERSONS VIOLATIONS.
Section 37(a) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2709(a)) is amended--
(1) in subparagraph (B), by striking ``; or'' and inserting
a semicolon;
(2) by redesignating subparagraph (C) as subparagraph (D);
and
(3) by inserting after subparagraph (B) the following new
subparagraph:
``(C) violations of chapter 77 of title 18, United States
Code; or''.
TITLE LXII--PERSONNEL MATTERS
Subtitle A--Hiring, Promotion, and Development
SEC. 6201. ADJUSTMENT TO PROMOTION PRECEPTS.
Section 603(b) of the Foreign Service Act of 1980 (22
U.S.C. 4003(b)) is amended--
(1) by redesignating paragraph (2), (3), and (4) as
paragraphs (7), (8), and (9), respectively; and
(2) by inserting after paragraph (1) the following new
paragraphs:
``(2) experience serving at an international organization,
multilateral institution, or engaging in multinational
negotiations;
``(3) willingness to serve in hardship posts overseas or
across geographically distinct regions;
``(4) experience advancing policies or developing expertise
that enhance the United States' competitiveness with regard
to critical and emerging technologies;
``(5) willingness to participate in appropriate and
relevant professional development opportunities offered by
the Foreign Service Institute or other educational
institutions associated with the Department;
``(6) willingness to enable and encourage subordinates at
various levels to avail themselves of appropriate and
relevant professional development opportunities offered by
the Foreign Service Institute or other educational
institutions associated with the Department;''.
SEC. 6202. HIRING AUTHORITIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Department should possess hiring authorities to
enable recruitment of individuals representative of the
nation with special skills needed to address 21st century
diplomacy challenges; and
(2) the Secretary shall conduct a survey of hiring
authorities held by the Department to identify--
(A) hiring authorities already authorized by Congress;
(B) others authorities granted through Presidential decree
or executive order; and
(C) any authorities needed to enable recruitment of
individuals with the special skills described in paragraph
(1).
(b) 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 a
description of all existing hiring authorities and
legislative proposals on any new needed authorities.
(c) Special Hiring Authority.--For an initial period of not
more than 3 years after the date of the enactment of this
Act, the Secretary may appoint, without regard to the
provisions of sections 3309 through 3318 of title 5, United
States Code, candidates directly to positions in the
competitive service at the Department, as defined in section
2102 of that title, in the following occupational series:
1560 Data Science, 2210 Information Technology Management,
and 0201 Human Resources Management.
SEC. 6203. EXTENDING PATHS TO SERVICE FOR PAID STUDENT
INTERNS.
For up to 2 years following the end of a compensated
internship at the Department or the United States Agency for
International Development, the Department or USAID may offer
employment to up to 25 such interns and appoint them directly
to positions in the competitive service, as defined in
section 2102 of title 5, United States Code, without regard
to the provisions of sections 3309 through 3318 of such
title.
SEC. 6204. LATERAL ENTRY PROGRAM.
(a) In General.--Section 404 of the Department of State
Authorities Act, Fiscal Year 2017 (Public Law 114-323; 130
Stat. 1928) is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking ``3-
year'' and inserting ``5-year'';
(B) in paragraph (5), by striking ``; and'';
(C) in paragraph (6), by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following new paragraphs:
``(7) does not include the use of Foreign Service-Limited
or other noncareer Foreign Service hiring authorities; and
``(8) includes not fewer than 30 participants for each year
of the pilot program.''; and
(2) by adding at the end the following new subsection:
``(e) Certification.--If the Secretary does not commence
the lateral entry program within 180 days after the date of
the enactment of this subsection, the Secretary shall submit
a report to the appropriate congressional committees--
``(1) certifying that progress is being made on
implementation of the pilot program and describing such
progress, including the date on which applicants will be able
to apply;
``(2) estimating the date by which the pilot program will
be fully implemented;
``(3) outlining how the Department will use the Lateral
Entry Program to fill needed skill sets in key areas such as
cyberspace, emerging technologies, economic statecraft,
multilateral diplomacy, and data and other sciences.''.
SEC. 6205. MID-CAREER MENTORING PROGRAM.
(a) Authorization.--The Secretary, in collaboration with
the Director of the Foreign Service Institute, is authorized
to establish a Mid-Career Mentoring Program (referred to in
this section as the ``Program'') for employees who have
demonstrated outstanding service and leadership.
(b) Selection.--
(1) Nominations.--The head of each bureau shall
semiannually nominate participants for the Program from a
pool of applicants in the positions described in paragraph
(2)(B), including from posts both domestically and abroad.
(2) Submission of slate of nominees to secretary.--The
Director of the Foreign Service Institute, in consultation
with the Director General of the Foreign Service, shall
semiannually--
(A) vet the nominees most recently nominated pursuant to
paragraph (1); and
(B) submit to the Secretary a slate of applicants to
participate in the Program, who shall consist of at least--
(i) 10 Foreign Service Officers and specialists classified
at the FS-03 or FS-04 level of the Foreign Service Salary
Schedule;
(ii) 10 Civil Service employees classified at GS-12 or GS-
13 of the General Schedule; and
(iii) 5 Foreign Service Officers from the United States
Agency for International Development.
(3) Final selection.--The Secretary shall select the
applicants who will be invited to participate in the Program
from the slate received pursuant to paragraph (2)(B) and
extend such an invitation to each selected applicant.
(4) Merit principles.--Section 105 of the Foreign Service
Act of 1980 (22 U.S.C. 3905) shall apply to nominations,
submissions to the Secretary, and selections for the Program
under this section.
(c) Program Sessions.--
(1) Frequency; duration.--All of the participants who
accept invitations extended pursuant to subsection (b)(3)
shall meet 3 to 4 times per year for training sessions with
high-level leaders of the Department and USAID, including
private group meetings with the Secretary and the
Administrator of the United States Agency for International
Development.
(2) Themes.--Each session referred to in paragraph (1)
shall focus on specific themes developed jointly by the
Foreign Service Institute and the Executive Secretariat
focused on substantive policy issues and leadership
practices.
(d) Mentoring Program.--The Secretary and the Administrator
each shall establish a mentoring and coaching program that
pairs a senior leader of the Department or USAID with each of
the program participants who complete the Program during the
1-year period immediately following their participation in
the Program.
(e) Annual Report.--Not later than one year after the date
of the enactment of this Act, and annually thereafter for
three years, the Secretary shall submit a report to the
appropriate congressional committees that describes the
activities of the Program during the most recent year and
includes disaggregated demographic data on participants in
the Program.
SEC. 6206. REPORT ON THE FOREIGN SERVICE INSTITUTE'S LANGUAGE
PROGRAM .
Not later than 60 days after the date of the enactment of
this Act, the Secretary shall submit a report to the
appropriate congressional committees that includes--
(1) the average pass and fail rates for language programs
at the Foreign Service Institute disaggregated by language
during the 5-year period immediately preceding the date of
the enactment of this Act;
(2) the number of language instructors at the Foreign
Service Institute, and a comparison of the instructor/student
ratio in the language programs at the Foreign Service
Institute disaggregated by language;
(3) salaries for language instructors disaggregated by
language, and a comparison to salaries for instructors
teaching languages in comparable employment;
(4) recruitment and retention plans for language
instructors, disaggregated by language where necessary and
practicable; and
(5) any plans to increase pass rates for languages with
high failure rates.
SEC. 6207. CONSIDERATION OF CAREER CIVIL SERVANTS AS CHIEFS
OF MISSIONS.
Section 304(b) of the Foreign Service Act of 1980 (22
U.S.C. 3944) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
[[Page S2878]]
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) The Secretary shall also furnish to the President, on
an annual basis and to assist the President in selecting
qualified candidates for appointments or assignments as chief
of mission, the names of between 5 and 10 career civil
servants serving at the Department of State or the United
States Agency for International Development who are qualified
to serve as chiefs of mission, together with pertinent
information about such individuals.''.
SEC. 6208. CIVIL SERVICE ROTATIONAL PROGRAM.
(a) Establishment of Pilot Rotational Program for Civil
Service.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall establish a
program to provide qualified civil servants serving at the
Department an opportunity to serve at a United States
embassy, including identifying criteria and an application
process for such program.
(b) Program.--The program established under this section
shall--
(1) provide at least 20 career civil servants the
opportunity to serve for 2 to 3 years at a United States
embassy to gain additional skills and experience;
(2) offer such civil servants the opportunity to serve in a
political or economic section at a United States embassy; and
(3) include clear and transparent criteria for eligibility
and selection, which shall include a minimum of 5 years of
service at the Department.
(c) Subsequent Position and Promotion.--Following a
rotation at a United States embassy pursuant to the program
established by this section, participants in the program must
be afforded, at minimum, a position equivalent in seniority,
compensation, and responsibility to the position occupied
prior serving in the program. Successful completion of a
rotation at a United States embassy shall be considered
favorably with regard to applications for promotion in civil
service jobs at the Department.
(d) Implementation.--Not later than 2 years after the date
of the enactment of this Act, the Secretary shall identify
not less than 20 positions in United States embassies for the
program established under this section and offered at least
20 civil servants the opportunity to serve in a rotation at a
United States embassy pursuant to this section.
SEC. 6209. REPORTING REQUIREMENT ON CHIEFS OF MISSION.
Not later than 30 days following the end of each calendar
quarter, the Secretary shall submit to the appropriate
congressional committees--
(1) a list of every chief of mission or United States
representative overseas with the rank of Ambassador who,
during the prior quarter, was outside a country of assignment
for more than 14 cumulative days for purposes other than
official travel or temporary duty orders; and
(2) the number of days each such chief of mission or United
States representative overseas with the rank of Ambassador
was outside a country of assignment during the previous
quarter for purposes other than official travel or temporary
duty orders.
SEC. 6210. REPORT ON CHIEFS OF MISSION AND DEPUTY CHIEFS OF
MISSION.
Not later than April 1, 2024, and annually thereafter for
the next 4 years, the Secretary shall submit to the
appropriate congressional committees a report that includes--
(1) the Foreign Service cone of each current chief of
mission and deputy chief of mission (or whoever is acting in
the capacity of chief or deputy chief if neither is present)
for each United States embassy at which there is a Foreign
Service office filling either of those positions; and
(2) aggregated data for all chiefs of mission and deputy
chiefs of mission described in paragraph (1), disaggregated
by cone.
SEC. 6211. PROTECTION OF RETIREMENT ANNUITY FOR REEMPLOYMENT
BY DEPARTMENT.
(a) No Termination or Reduction of Retirement Annuity or
Pay for Reemployment.--Notwithstanding section 824 of the
Foreign Service Act of 1980 (22 U.S.C. 4064), if a covered
annuitant becomes employed by the Department--
(1) the payment of any retirement annuity, retired pay, or
retainer pay otherwise payable to the covered annuitant shall
not terminate; and
(2) the amount of the retirement annuity, retired pay, or
retainer pay otherwise payable to the covered annuitant shall
not be reduced.
(b) Covered Annuitant Defined.--In this section, the term
``covered annuitant'' means any individual who is receiving a
retirement annuity under--
(1) the Foreign Service Retirement and Disability System
under subchapter I of chapter 8 of title I of the Foreign
Service Act of 1980 (22 U.S.C. 4041 et seq.); or
(2) the Foreign Service Pension System under subchapter II
of such chapter (22 U.S.C. 4071 et seq.).
SEC. 6212. ENHANCED VETTING FOR SENIOR DIPLOMATIC POSTS.
(a) Comprehensive Policy on Vetting and Transparency.--Not
later than one year after the date of the enactment of this
Act, the Secretary shall develop a consistent and enhanced
vetting process to ensure that individuals with substantiated
claims of discrimination, harassment, or bullying are not
considered for assignments to senior positions.
(b) Elements of Comprehensive Vetting Policy.--Following
the conclusion of any investigation into an allegation of
discrimination, harassment, or bullying, the Office of Civil
Rights, Bureau of Global Talent Management, and other offices
with responsibilities related to the investigation reporting
directly to the Secretary shall jointly or individually
submit a written summary of any findings of any substantiated
allegations, along with a summary of findings to the
Committee responsible for assignments to senior positions
prior to such Committee rendering a recommendation for
assignment.
(c) Response.--The Secretary shall develop a process for
candidates to respond to any allegations that are
substantiated and presented to the Committee responsible for
assignments to senior positions.
(d) Annual Reports.--Not later than one year after the date
of the enactment of this Act, and annually thereafter for
five years, the Secretary shall submit to the Department
workforce and the appropriate congressional committees a
report on the number of candidates confirmed for senior
diplomatic posts against whom there were found to have been
substantiated allegations.
(e) Senior Positions Defined.--In this section, the term
``senior positions'' means Chief of Mission, Deputy Assistant
Secretary, Deputy Chief of Mission, and Principal Officer
(i.e. Consuls General) positions.
SEC. 6213. EFFORTS TO IMPROVE RETENTION AND PREVENT
RETALIATION.
(a) Streamlined Reporting.--Not later than one year after
the date of the enactment of this Act, the Secretary shall
establish a single point of initial reporting for allegations
of discrimination, bullying, and harassment that provides an
initial review of the allegations and, if necessary, the
ability to file multiple claims based on a single complaint.
(b) Ensuring Implementation of Corrective Action and
Management Recommendations.--The Secretary shall ensure
follow up with each complainant who makes an allegation of
discrimination, harassment, or bullying pursuant to
subsection (a) and the head of the respective bureau not
later than 180 days after the conclusion of any investigation
where an allegation is substantiated, and again one year
after the conclusion of any such investigation, to ensure
that any recommendations for corrective action related to the
complainant have been acted on where appropriate. If such
recommendations have not be implemented, a written statement
shall be provided to the head of the bureau and complainant
and affected employees explaining why the recommendations
have not been implemented.
(c) Climate Surveys of Employees of the Department.--
(1) Required biennial surveys.--Not later than 180 days
after the date of the enactment of this Act and every 2 years
thereafter, the Secretary shall conduct a Department-wide
survey of all Department personnel regarding harassment,
discrimination, bullying, and related retaliation that
includes workforce perspectives on the accessibility and
effectiveness of the Bureau of Global Talent Management and
Office of Civil Rights in the efforts and processes to
address these issues.
(2) Required annual surveys.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary shall conduct an annual employee satisfaction
survey to assess the level of job satisfaction, work
environment, and overall employee experience within the
Department.
(B) Open-ended responses.--The survey required under
subparagraph (A) shall include options for open-ended
responses.
(C) Survey questions.--The survey shall include questions
regarding--
(i) work-life balance;
(ii) compensation and benefits;
(iii) career development opportunities;
(iv) the performance evaluation and promotion process,
including fairness and transparency;
(v) communication channels and effectiveness;
(vi) leadership and management;
(vii) organizational culture;
(viii) awareness and effectiveness of complaint measures;
(ix) accessibility and accommodations;
(x) availability of transportation to and from a work
station;
(xi) information technology infrastructure functionality
and accessibility;
(xii) the employee's understanding of the Department's
structure, mission, and goals;
(xiii) alignment and relevance of work to the Department's
mission; and
(xiv) sense of empowerment to affect positive change.
(3) Required exit surveys.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall develop and
implement a standardized, confidential exit survey process
that includes anonymous feedback and exit interviews with
employees who voluntarily separate from the Department,
whether through resignation, retirement, or other means.
(B) Scope.--The exit surveys conducted pursuant to
subparagraph (A)shall--
(i) be designed to gather insights and feedback from
departing employees regarding--
(I) their reasons for leaving, including caretaking
responsibilities, career limitations for partner or spouse,
and discrimination, harassment, bullying, or retaliation;
[[Page S2879]]
(II) their overall experience with the Department; and
(III) any suggestions for improvement; and
(ii) include questions related to--
(I) the employee's reasons for leaving;
(II) job satisfaction;
(III) work environment;
(IV) professional growth opportunities;
(V) leadership effectiveness;
(VI) suggestions for enhancing the Department's
performance; and
(VII) if applicable, the name and industry of the
employee's future employer.
(C) Compilation of results.--The Secretary shall compile
and analyze the anonymized exit survey data collected
pursuant to this paragraph to identify trends, common themes,
and areas needing improvement within the Department.
(4) Pilot surveys.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall conduct a
Department-wide survey for Locally Employed Staff regarding
retention, training, promotion, and other matters, including
harassment, discrimination, bullying, and related
retaliation, that includes workforce perspectives on the
accessibility and effectiveness of complaint measures.
(5) Report.--Not later than 60 days after the conclusion of
each survey conducted pursuant to this subsection, the
Secretary shall make the key findings available to the
Department workforce and shall submit them to the appropriate
congressional committees.
(d) Retaliation Prevention Efforts.--
(1) Employee evaluation.--
(A) In general.--If there is a pending investigation of
discrimination, bullying, or harassment against a superior
who is responsible for rating or reviewing the complainant
employee, the complainant shall be reviewed by the superior's
supervisor.
(B) Effective date.--This paragraph shall take effect 90
days after the date of the enactment of this Act.
(2) Retaliation prevention guidance.--Any Department
employee against whom an allegation of discrimination,
bullying, or harassment has been made shall receive written
guidance (a ``retaliation hold'') on the types of actions
that can be considered retaliation against the complainant
employee. The employee's immediate supervisor shall also
receive the retaliation hold guidance.
SEC. 6214. NATIONAL ADVERTISING CAMPAIGN.
Not later than 270 days after the date of the enactment of
this Act, the Secretary shall submit a strategy to the
appropriate congressional committees that assesses the
potential benefits and costs of a national advertising
campaign to improve the recruitment in the Civil Service and
the Foreign Service by raising public awareness of the
important accomplishments of the Department.
SEC. 6215. EXPANSION OF DIPLOMATS IN RESIDENCE PROGRAMS.
Not later than two years after the date of the enactment of
this Act--
(1) the Secretary shall increase the number of diplomats in
the Diplomats in Residence Program from 17 to at least 20;
and
(2) the Administrator of the United States Agency for
International Development shall increase the number of
development diplomats in the Diplomats in Residence Program
from 1 to at least 3.
Subtitle B--Pay, Benefits, and Workforce Matters
SEC. 6221. EDUCATION ALLOWANCE.
(a) In General.--Chapter 9 of title I of the Foreign
Service Act of 1980 (22 U.S.C. 4081 et seq.) is amended by
adding at the end the following new section:
``SEC. 908. EDUCATION ALLOWANCE.
``A Department employee who is on leave to perform service
in the uniformed services (as defined in section 4303(13) of
title 38, United States Code) may receive an education
allowance if the employee would, if not for such service, be
eligible to receive the education allowance.''.
(b) Clerical Amendment.--The table of contents in section 2
of the Foreign Service Act of 1980 (22 U.S.C. 3901 note) is
amended by inserting after the item relating to section 907
the following:
``Sec. 908. Education allowance''.
SEC. 6222. PER DIEM ALLOWANCE FOR NEWLY HIRED MEMBERS OF THE
FOREIGN SERVICE.
(a) Per Diem Allowance.--
(1) In general.--Except as provided in paragraph (2), any
newly hired Foreign Service employee who is in initial
orientation training, or any other training expected to last
less than 6 months before transferring to the employee's
first assignment, in the Washington, D.C., area shall, for
the duration of such training, receive a per diem allowance
at the levels prescribed under subchapter I of chapter 57 of
title 5, United States Code.
(2) Limitation on lodging expenses.--A newly hired Foreign
Service employee may not receive any lodging expenses under
the applicable per diem allowance pursuant to paragraph (1)
if that employee--
(A) has a permanent residence in the Washington, D.C., area
(not including Government-supplied housing during such
orientation training or other training); and
(B) does not vacate such residence during such orientation
training or other training.
(b) Definitions.--In this section--
(1) the term ``per diem allowance'' has the meaning given
that term under section 5701 of title 5, United States Code;
and
(2) the term ``Washington, D.C., area'' means the
geographic area within a 50 mile radius of the Washington
Monument.
SEC. 6223. IMPROVING MENTAL HEALTH SERVICES FOR FOREIGN AND
CIVIL SERVANTS.
(a) Additional Personnel to Address Mental Health.--
(1) In general.--The Secretary shall seek to increase the
number of personnel within the Bureau of Medical Services to
address mental health needs for both foreign and civil
servants.
(2) Employment targets.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall seek
to employ not fewer than 15 additional personnel in the
Bureau of Medical Services, compared to the number of
personnel employed as of the date of the enactment of this
Act.
(b) Study.--The Secretary shall conduct a study on the
accessibility of mental health care providers and services
available to Department personnel, including an assessment
of--
(1) the accessibility of mental health care providers at
diplomatic posts and in the United States;
(2) the accessibility of inpatient services for mental
health care for Department personnel;
(3) steps that may be taken to improve such accessibility;
(4) the impact of the COVID-19 pandemic on the mental
health of Department personnel, particularly those who served
abroad between March 1, 2020, and December 31, 2022, and
Locally Employed Staff, where information is available;
(5) recommended steps to improve the manner in which the
Department advertises mental health services to the
workforce; and
(6) additional authorities and resources needed to better
meet the mental health needs of Department personnel.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to
appropriate congressional committees a report containing the
findings of the study under subsection (b).
SEC. 6224. EMERGENCY BACK-UP CARE.
(a) In General.--The Secretary and the Administrator for
the United States Agency for International Development are
authorized to provide for unanticipated non-medical care,
including childcare, eldercare, and essential services
directly related to caring for an acute injury or illness,
for USAID and Department employees and their family members,
including through the provision of such non-medical services,
referrals to care providers, and reimbursement of reasonable
expenses for such services.
(b) Limitation.--Services provided pursuant to this section
shall not exceed $2,000,000 per fiscal year.
SEC. 6225. AUTHORITY TO PROVIDE SERVICES TO NON-CHIEF OF
MISSION PERSONNEL.
Section 904 of the Foreign Service Act of 1980 (22 U.S.C.
4084) is amended--
(1) in subsection (g), by striking ``abroad for employees
and eligible family members'' and inserting ``under this
section''; and
(2) by adding at the end the following new subsection:
``(a) Physical and Mental Health Care Services in Special
Circumstances.--
``(1) In general.--The Secretary is authorized to direct
health care providers employed under subsection (c) of this
section to furnish physical and mental health care services
to an individual otherwise ineligible for services under this
section if necessary to preserve life or limb or if intended
to facilitate an overseas evacuation, recovery, or return.
Such services may be provided incidental to the following
activities:
``(A) Activities undertaken abroad pursuant to section 3
and section 4 of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2670, 2671).
``(B) Recovery of hostages or of wrongfully or unlawfully
detained individuals abroad, including pursuant to section
302 of the Robert Levinson Hostage Recovery and Hostage-
Taking Accountability Act (22 U.S.C. 1741).
``(C) Secretarial dispatches to international disaster
sites deployed pursuant to section 207 of the Aviation
Security Improvement Act of 1990 (22 U.S.C. 5506).
``(D) Deployments undertaken pursuant to section
606(a)(6)(A)(iii) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865(a)(6)(A)(iii)).
``(2) Prioritization of other functions.--The Secretary
shall prioritize the allocation of Department resources to
the health care program described in subsections (a) through
(g) above the functions described in paragraph (1).
``(3) Regulations.--The Secretary should prescribe
applicable regulations to implement this section, taking into
account the prioritization in paragraph (2) and the
activities described in paragraph (1).
``(4) Reimbursable basis.--Services rendered under this
subsection shall be provided on a reimbursable basis to the
extent practicable.''.
SEC. 6226. EXCEPTION FOR GOVERNMENT-FINANCED AIR
TRANSPORTATION.
(a) Reducing Hardship for Transportation of Domestic
Animals.--
(1) In general.--Notwithstanding subsections (a) and (c) of
section 40118 of title 49, United States Code, the Department
is authorized to pay for the transportation by a foreign air
carrier of Department personnel and any in-cabin or
accompanying checked baggage or cargo if--
[[Page S2880]]
(A) no air carrier holding a certificate under section
41102 of such title is willing and able to transport up to 3
domestic animals accompanying such Federal personnel; and
(B) the transportation is from a place--
(i) outside the United States to a place in the United
States;
(ii) in the United States to a place outside the United
States; or
(iii) outside the United States to another place outside
the United States.
(2) Limitation.--An amount paid pursuant to paragraph (1)
for transportation by a foreign carrier may not be greater
than the amount that would otherwise have been paid had the
transportation been on an air carrier holding a certificate
under section 41102 had that carrier been willing and able to
provide such transportation. If the amount that would
otherwise have been paid to such an air carrier is less than
the cost of transportation on the applicable foreign carrier,
the Department personnel may pay the difference of such
amount.
(3) Domestic animal defined.--In this subsection, the term
``domestic animal'' means a dog or a cat.
SEC. 6227. ENHANCED AUTHORITIES TO PROTECT LOCALLY EMPLOYED
STAFF DURING EMERGENCIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) locally employed staff provide essential contributions
at United States diplomatic and consular posts around the
world, including by providing--
(A) security to United States government personnel serving
in the country;
(B) advice, expertise, and other services for the promotion
of political, economic, public affairs, commercial, security,
and other interests of critical importance to the United
States;
(C) a wide range of logistical and administrative support
to every office in each mission working to advance United
States interests around the world, including services and
support vital to the upkeep and maintenance of United States
missions;
(D) consular services to support the welfare and well-being
of United States citizens and to provide for the expeditious
processing of visa applications;
(E) institutional memory on a wide range of embassy
engagements on bilateral issues; and
(F) enduring connections to host country contacts, both
inside and outside the host government, including within
media, civil society, the business community, academia, the
armed forces, and elsewhere; and
(2) locally employed staff make important contributions
that should warrant the United States Government to give due
consideration for their security and safety when diplomatic
missions face emergency situations.
(b) Authorization to Provide Emergency Support.--In
emergency situations, in addition to other authorities that
may be available in emergencies or other exigent
circumstances, the Secretary is authorized to use funds made
available to the Department to provide support to ensure the
safety and security of locally employed staff and their
immediate family members, including for--
(1) providing transport or relocating locally employed
staff and their immediate family members to a safe and secure
environment;
(2) providing short-term housing or lodging for up to six
months for locally employed staff and their immediate family
members;
(3) procuring or providing other essential items and
services to support the safety and security of locally
employed staff and their immediate family members.
(c) Temporary Housing.--To ensure the safety and security
of locally employed staff and their immediate family members
consistent with this section, Chiefs of Missions are
authorized to allow locally employed staff and their
immediate family members to reside temporarily in the
residences of United States direct hire employees, either in
the host country or other countries, provided that such stays
are offered voluntarily by United States direct hire
employees.
(d) Foreign Affairs Manual.--Not later than 180 days after
the date of the enactment of this Act, the Secretary shall
amend the Foreign Affairs Manual to reflect the
authorizations and requirements of this section.
(e) Emergency Situation Defined.--In this section, the term
``emergency situation'' means armed conflict, civil unrest,
natural disaster, or other types of instability that pose a
threat to the safety and security of locally employed staff,
particularly when and if a United States diplomatic or
consular post must suspend operations.
(f) Report.--
(1) 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, the Committee on
Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives a report
describing prior actions the Department has taken with regard
to locally employed staff and their immediate family members
following suspensions or closures of United States diplomatic
posts over the prior 10 years, including Kyiv, Kabul, Minsk,
Khartoum, and Juba.
(2) Elements.--The report required under paragraph (1)
shall--
(A) describe any actions the Department took to assist
locally employed staff and their immediate family members;
(B) identify any obstacles that made providing support or
assistance to locally employed staff and their immediate
family members difficult;
(C) examine lessons learned and propose recommendations to
better protect the safety and security of locally employed
staff and their family members, including any additional
authorities that may be required; and
(D) provide an analysis of and offer recommendations on any
other steps that could improve efforts to protect the safety
and security of locally employed staff and their immediate
family members.
SEC. 6228. INTERNET AT HARDSHIP POSTS.
Section 3 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2670) is amended--
(1) in subsection (l), by striking ``; and'' and inserting
a semicolon;
(2) in subsection (m) by striking the period at the end and
by inserting ``; and''; and
(3) by adding at the end the following new subsection:
``(n) pay expenses to provide internet services in
residences owned or leased by the United States Government in
foreign countries for the use of Department personnel where
Department personnel receive a post hardship differential
equivalent to 30 percent or more above basic compensation.''.
SEC. 6229. COMPETITIVE LOCAL COMPENSATION PLAN.
(a) Establishment and Implementation of Prevailing Wage
Rates Goal.--Section 401(a) of the Department of State
Authorities Act, fiscal year 2017 (22 U.S.C. 3968a(a)) is
amended in the matter preceding paragraph (1), by striking
``periodically'' and inserting ``every 3 years''.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit a report to
the appropriate congressional committees that includes--
(1) compensation (including position classification) plans
for locally employed staff based upon prevailing wage rates
and compensation practices for corresponding types of
positions in the locality of employment; and
(2) an assessment of the feasibility and impact of changing
the prevailing wage rate goal for positions in the local
compensation plan from the 50th percentile to the 75th
percentile.
SEC. 6230. SUPPORTING TANDEM COUPLES IN THE FOREIGN SERVICE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) challenges finding and maintaining spousal employment
and family dissatisfaction are one of the leading reasons
employees cite for leaving the Department;
(2) tandem Foreign Service personnel represent important
members of the Foreign Service community, who act as force
multipliers for our diplomacy;
(3) the Department can and should do more to keep tandem
couples posted together and consider family member employment
needs when assigning tandem officers; and
(4) common sense steps providing more flexibility in the
assignments process would improve outcomes for tandem
officers without disadvantaging other Foreign Service
officers.
(b) Definitions.--In this section:
(1) Family togetherness.--The term ``family togetherness''
means facilitating the placement of Foreign Service personnel
at the same United States diplomatic post when both spouses
are members of a tandem couple of Foreign Service personnel.
(2) Tandem foreign service personnel; tandem.--The terms
``tandem Foreign Service personnel'' and ``tandem'' mean a
member of a couple of which one spouse is a career or career
candidate employee of the Foreign Service and the other
spouse is a career or career candidate employee of the
Foreign Service or an employee of one of the agencies
authorized to use the Foreign Service Personnel System under
section 202 of the Foreign Service Act of 1980 (22 U.S.C.
3922).
(c) Family Togetherness in Assignments.--Not later than 90
days after the date of enactment of this Act, the Department
shall amend and update its policies to further promote the
principle of family togetherness in the Foreign Service,
which shall include the following:
(1) Entry-level foreign service personnel.--The Secretary
shall adopt policies and procedures to facilitate the
assignment of entry-level tandem Foreign Service personnel on
directed assignments to the same diplomatic post or country
as their tandem spouse if they request to be assigned to the
same post or country. The Secretary shall also provide a
written justification to the requesting personnel explaining
any denial of a request that would result in a tandem couple
not serving together at the same post or country.
(2) Tenured foreign service personnel.--The Secretary shall
add family togetherness to the criteria when making a needs
of the Service determination, as defined by the Foreign
Affairs Manual, for the placement of tenured tandem Foreign
Service personnel at United States diplomatic posts.
(3) Updates to antinepotism policy.--The Secretary shall
update antinepotism policies so that nepotism rules only
apply when an employee and a relative are placed into
positions wherein they jointly and exclusively control
government resources, property, or money or establish
government policy.
(4) Temporary supervision of tandem spouse.--The Secretary
shall update policies to allow for a tandem spouse to
temporarily
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supervise another tandem spouse for up to 90 days in a
calendar year, including at a United States diplomatic
mission.
(d) Report.--Not later than 90 days after the date of
enactment of this Act, and annually thereafter for two years,
the Secretary shall submit to the appropriate congressional
committees a report that includes--
(1) the number of Foreign Service tandem couples currently
serving;
(2) the number of Foreign Service tandems currently serving
in separate locations, or, to the extent possible, are on
leave without pay (LWOP); and
(3) an estimate of the cost savings that would result if
all Foreign Service tandem couples were placed at a single
post.
SEC. 6231. ACCESSIBILITY AT DIPLOMATIC MISSIONS.
Not later than 180 days after the date of the enactment of
this Act, the Department shall submit to the appropriate
congressional committees, the Committee on Appropriations of
the Senate, and the Committee on Appropriations of the House
of Representatives a report that includes--
(1) a list of the overseas United States diplomatic
missions that, as of the date of the enactment of this Act,
are not readily accessible to and usable by individuals with
disabilities;
(2) any efforts in progress to make such missions readily
accessible to and usable by individuals with disabilities;
and
(3) an estimate of the cost to make all such missions
readily accessible to and usable by individuals with
disabilities.
SEC. 6232. REPORT ON BREASTFEEDING ACCOMMODATIONS OVERSEAS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary shall submit to the appropriate
congressional committees a report that includes--
(1) a detailed report on the Department's efforts to equip
100 percent of United States embassies and consulates with
dedicated lactation spaces, other than bathrooms, that are
shielded from view and free from intrusion from coworkers and
the public for use by employees, including the expected
demand for such space as well as the status of such rooms
when there is no demand for such space; and
(2) a description of costs and other resources needed to
provide such spaces.
SEC. 6233. DETERMINING THE EFFECTIVENESS OF KNOWLEDGE
TRANSFERS BETWEEN FOREIGN SERVICE OFFICERS.
The Secretary shall assess the effectiveness of knowledge
transfers between Foreign Service officers who are departing
from overseas positions and Foreign Service Officers who are
arriving at such positions, and make recommendations for
approving such knowledge transfers, as appropriate, by--
(1) not later than 90 days after the date of the enactment
of this Act, conducting a written survey of a representative
sample of Foreign Service Officers working in overseas
assignments that analyzes the effectiveness of existing
mechanisms to facilitate transitions, including training,
mentorship, information technology, knowledge management,
relationship building, the role of locally employed staff,
and organizational culture; and
(2) not later than 120 days after the date of the enactment
of this Act, submitting to the Committee on Foreign Relations
of the Senate and the Committee on Foreign Affairs of the
House of Representatives a report that includes a summary and
analysis of results of the survey conducted pursuant to
paragraph (1) that--
(A) identifies best practices and areas for improvement;
(B) describes the Department's methodology for determining
which Foreign Service Officers should receive familiarization
trips before arriving at a new post;
(C) includes recommendations regarding future actions the
Department should take to maximize effective knowledge
transfer between Foreign Service Officers;
(D) identifies any steps taken, or intended to be taken, to
implement such recommendations, including any additional
resources or authorities necessary to implement such
recommendations; and
(E) provides recommendations to Congress for legislative
action to advance the priority described in subparagraph (C).
SEC. 6234. EDUCATION ALLOWANCE FOR DEPENDENTS OF DEPARTMENT
OF STATE EMPLOYEES LOCATED IN UNITED STATES
TERRITORIES.
(a) In General.--An individual employed by the Department
at a location described in subsection (b) shall be eligible
for a cost-of-living allowance for the education of the
dependents of such employee in an amount that does not exceed
the educational allowance authorized by the Secretary of
Defense for such location.
(b) Location Described.--A location is described in this
subsection if--
(1) such location is in a territory of the United States;
and
(2) the Secretary of Defense has determined that schools
available in such location are unable to adequately provide
for the education of--
(A) dependents of members of the Armed Forces; or
(B) dependents of employees of the Department of Defense.
TITLE LXIII--INFORMATION SECURITY AND CYBER DIPLOMACY
SEC. 6301. DATA-INFORMED DIPLOMACY.
(a) Findings.--Congress makes the following findings:
(1) In a rapidly evolving and digitally interconnected
global landscape, access to and maintenance of reliable,
readily available data is key to informed decisionmaking and
diplomacy and therefore should be considered a strategic
asset.
(2) In order to achieve its mission in the 21st century,
the Department must adapt to these trends by maintaining and
providing timely access to high-quality data at the time and
place needed, while simultaneously cultivating a data-savvy
workforce.
(3) Leveraging data science and data analytics has the
potential to improve the performance of the Department's
workforce by providing otherwise unknown insights into
program deficiencies, shortcomings, or other gaps in
analysis.
(4) While innovative technologies such as artificial
intelligence and machine learning have the potential to
empower the Department to analyze and act upon data at scale,
systematized, sustainable data management and information
synthesis remain a core competency necessary for data-driven
decisionmaking.
(5) The goals set out by the Department's Enterprise Data
Council (EDC) as the areas of most critical need for the
Department, including Cultivating a Data Culture,
Accelerating Decisions through Analytics, Establishing
Mission-Driven Data Management, and Enhancing Enterprise Data
Governance, are laudable and will remain critical as the
Department develops into a data-driven agency.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Department should prioritize the recruitment and
retainment of top data science talent in support of its data-
informed diplomacy efforts as well as its broader
modernization agenda; and
(2) the Department should strengthen data fluency among its
workforce, promote data collaboration across and within its
bureaus, and enhance its enterprise data oversight.
SEC. 6302. ESTABLISHMENT AND EXPANSION OF THE BUREAU CHIEF
DATA OFFICER PROGRAM.
(a) Bureau Chief Data Officer Program.--
(1) Establishment.--The Secretary shall establish a
program, which shall be known as the ``Bureau Chief Data
Officer Program'' (referred to in this section as the
``Program''), overseen by the Department's Chief Data
Officer. The Bureau Chief Data Officers hired under this
program shall report to the Department's Chief Data Officer.
(2) Goals.--The goals of the Program shall include the
following:
(A) Cultivating a data culture by promoting data fluency
and data collaboration across the Department.
(B) Promoting increased data analytics use in critical
decisionmaking areas.
(C) Promoting data integration and standardization.
(D) Increasing efficiencies across the Department by
incentivizing acquisition of enterprise data solutions and
subscription data services to be shared across bureaus and
offices and within bureaus.
(b) Implementation Plan.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit
to the appropriate congressional committees, the Committee on
Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives an
implementation plan that outlines strategies for--
(1) advancing the goals described in subsection (a)(2);
(2) hiring Bureau Chief Data Officers at the GS-14 or GS-15
grade or a similar rank;
(3) assigning at least one Bureau Chief Data Officer to--
(A) each regional bureau of the Department;
(B) the Bureau of International Organization Affairs;
(C) the Office of the Chief Economist;
(D) the Office of the Science and Technology Advisor;
(E) the Bureau of Cyber and Digital Policy;
(F) the Bureau of Diplomatic Security;
(G) the Bureau for Global Talent Management; and
(H) the Bureau of Consular Affairs; and
(4) allocation of necessary resources to sustain the
Program.
(c) Assignment.--In implementing the Bureau Chief Data
Officer Program, Bureaus may not dual-hat currently employed
personnel as Bureau Chief Data Officers.
(d) Annual Reporting Requirement.--Not later than 180 days
after the date of the enactment of this Act, and annually
thereafter for the following 3 years, the Secretary shall
submit a report to the appropriate congressional committees
regarding the status of the implementation plan required
under subsection (b).
SEC. 6303. TASK FORCE TO ADDRESS ARTIFICIAL INTELLIGENCE-
ENABLED INFLUENCE OPERATIONS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the rapid development of publicly available, affordable
generative artificial intelligence (AI) technology, including
the use of large language models (LLM) to fuel natural
language processing applications, has the potential to
fundamentally alter the nature of disinformation and
propaganda campaigns by enabling finely tailored, auto-
generated disinformation swiftly, in any language, at scale,
and at low-costs;
(2) academia and private industry, including social media
platforms, play a critical role in establishing safeguards
for powerful, publicly available tools for producing AI-
[[Page S2882]]
generated content, and it is in the United States national
security interest to ensure that these technologies are not
misused by foreign malign actors to enhance influence
operations abroad;
(3) the ability to identify, track, and label original
text, audio, and visual content is becoming increasingly
vital to United States national interests as sophisticated
AI-generated content creation becomes increasingly available
to the public at low costs;
(4) coalitions such as the Content Authenticity Initiative
(CAI) and the Coalition for Content Provenance and Authority
(C2PA) play important roles in establishing open industry
standards for content authenticity and digital content
provenance, which will become increasingly vulnerable to
manipulation and distortion through AI-powered tools; and
(5) the Department, as the lead agency for United States
public diplomacy, should work within the interagency process
to develop a common approach to United States international
engagement on issues related to AI-enabled disinformation.
(b) Statement of Policy.--It shall be the policy of the
United States--
(1) to share knowledge with allies and partners of
instances when foreign state actors have leveraged generative
AI to augment disinformation campaigns or propaganda;
(2) to work with private industry and academia to mitigate
the risks associated with public research on generative AI
technologies; and
(3) to support efforts in developing digital content
provenance detection techniques and technologies in line with
United States national security interests.
(c) Establishment of Countering AI-Enabled Disinformation
Task Force.--
(1) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall establish
within the Department a Countering AI-Enabled Disinformation
Task Force (referred to in this section as the ``Task
Force'') to--
(A) identify potential responses to the growing threat of
AI-enabled disinformation and its use by foreign state actors
to augment influence operations and disinformation campaigns;
(B) work closely with private industry and academia to
identify and coordinate efforts in developing digital content
provenance detection techniques and technologies;
(C) develop the Department's internal coordination across
regional and functional bureaus on the issue of AI-enabled
disinformation;
(D) develop a unified approach to international
coordination on--
(i) establishing standards around digital content
provenance techniques and technologies, specifically as it
relates to countering AI-enabled disinformation campaign; and
(ii) assessing the potential for establishing frameworks
around the proliferation of tools that facilitate AI-enabled
disinformation; and
(E) identify any additional tools or resources necessary to
enhance the Department's ability to--
(i) detect AI-enabled foreign disinformation and
propaganda;
(ii) rapidly produce original counter-messaging to address
AI-enabled disinformation campaigns;
(iii) expand digital literacy programming abroad to include
education on how media consumers in recipient countries can
identify and inoculate themselves from synthetically produced
media; and
(iv) coordinate and collaborate with other governments,
international organizations, civil society, the private
sector, and others, as necessary.
(2) Membership.--The Task Force shall be comprised of a
representative from relevant offices, as determined by the
Secretary, including--
(A) the Bureau of Cyberspace and Digital Policy;
(B) the Under Secretary for Public Diplomacy and Public
Affairs;
(C) the Global Engagement Center;
(D) the Office of the Science and Technology Advisor to the
Secretary;
(E) the Bureau of Oceans and International Environmental
and Scientific Affairs;
(F) the Bureau for Intelligence and Research;
(G) the Center for Analytics of the Office of Management
Strategy and Solutions;
(H) the Foreign Service Institute School of Applied
Information Technology; and
(I) any others the Secretary determines appropriate.
(d) Task Force Report.--Not later than one year after the
date of the enactment of this Act, the Secretary shall submit
a report to the appropriate congressional committees on the
establishment and progress of the Task Force's work,
including in pursuit of the objectives described in
subsection(c)(1).
(e) Definitions.--In this section:
(1) Artificial intelligence.--The term ``artificial
intelligence'' has the meaning given that term in section
238(g) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 4001
note).
(2) Digital content provenance.--The term ``digital content
provenance'' means the verifiable chronology of the origin
and history of a piece of digital content, such as an image,
video, audio recording, or electronic document.
SEC. 6304. ESTABLISHMENT OF THE CHIEF ARTIFICIAL INTELLIGENCE
OFFICER OF THE DEPARTMENT OF STATE.
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 new subsection:
``(n) Chief Artificial Intelligence Officer.--
``(1) In general.--There shall be within the Department of
State a Chief Artificial Intelligence Officer, which may be
dual-hatted as the Department's Chief Data Officer, who shall
be a member of the Senior Executive Service.
``(2) Duties described.--The principal duties and
responsibilities of the Chief Artificial Intelligence Officer
shall be--
``(A) to evaluate, oversee, and, if appropriate, facilitate
the responsible adoption of artificial intelligence (AI) and
machine learning applications to help inform decisions by
policymakers and to support programs and management
operations of the Department of State; and
``(B) to act as the principal advisor to the Secretary of
State on the ethical use of AI and advanced analytics in
conducting data-informed diplomacy.
``(3) Qualifications.--The Chief Artificial Intelligence
Officer should be an individual with demonstrated skill and
competency in--
``(A) the use and application of data analytics, AI, and
machine learning; and
``(B) transformational leadership and organizational change
management, particularly within large, complex organizations.
``(4) Partner with the chief information officer on scaling
artificial intelligence use cases.--To ensure alignment
between the Chief Artificial Intelligence Officer and the
Chief Information Officer, the Chief Information Officer will
consult with the Chief Artificial Intelligence Officer on
best practices for rolling out and scaling AI capabilities
across the Bureau of Information and Resource Management's
broader portfolio of software applications.
``(5) Artificial intelligence defined.--In this subsection,
the term `artificial intelligence' has the meaning given the
term in section 238(g) of the National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 4001
note).''.
SEC. 6305. STRENGTHENING THE CHIEF INFORMATION OFFICER OF THE
DEPARTMENT OF STATE.
(a) In General.--The Chief Information Officer of the
Department shall be consulted on all decisions to approve or
disapprove, significant new unclassified information
technology expenditures, including software, of the
Department, including expenditures related to information
technology acquired, managed, and maintained by other bureaus
and offices within the Department, in order to--
(1) encourage the use of enterprise software and
information technology solutions where such solutions exist
or can be developed in a timeframe and manner consistent with
maintaining and enhancing the continuity and improvement of
Department operations;
(2) increase the bargaining power of the Department in
acquiring information technology solutions across the
Department;
(3) reduce the number of redundant Authorities to Operate
(ATO), which, instead of using one ATO-approved platform
across bureaus, requires multiple ATOs for software use cases
across different bureaus;
(4) enhance the efficiency, reduce redundancy, and increase
interoperability of the use of information technology across
the enterprise of the Department;
(5) enhance training and alignment of information
technology personnel with the skills required to maintain
systems across the Department;
(6) reduce costs related to the maintenance of, or
effectuate the retirement of, legacy systems;
(7) ensure the development and maintenance of security
protocols regarding the use of information technology
solutions and software across the Department; and
(8) improve end-user training on the operation of
information technology solutions and to enhance end-user
cybersecurity practices.
(b) Strategy and Implementation Plan Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Chief Information Officer of
the Department shall develop, in consultation with relevant
bureaus and offices as appropriate, a strategy and a 5-year
implementation plan to advance the objectives described in
subsection (a).
(2) Consultation.--No later than one year after the date of
the enactment of this Act, the Chief Information Officer
shall submit the strategy required by this subsection to the
appropriate congressional committees and shall consult with
the appropriate congressional committees, not less than on an
annual basis for 5 years, regarding the progress related to
the implementation plan required by this subjection.
(c) Improvement Plan for the Bureau for Information
Resources Management.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Chief Information Officer
shall develop policies and protocols to improve the customer
service orientation, quality and timely delivery of
information technology solutions, and training and support
for bureau and office-level information technology officers.
(2) Survey.--Not later than one year after the date of the
enactment of this Act, and
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annually thereafter for five years, the Chief Information
Officer shall undertake a client satisfaction survey of
bureau information technology officers to obtain feedback on
metrics related to--
(A) customer service orientation of the Bureau of
Information Resources Management;
(B) quality and timelines of capabilities delivered;
(C) maintenance and upkeep of information technology
solutions;
(D) training and support for senior bureau and office-level
information technology officers; and
(E) other matters which the Chief Information Officer, in
consultation with client bureaus and offices, determine
appropriate.
(3) Submission of findings.--Not later than 60 days after
completing each survey required under paragraph (2), the
Chief Information Officer shall submit a summary of the
findings to the appropriate congressional committees.
(d) Significant Expenditure Defined.--For purposes of this
section, the term ``significant expenditure'' means any
cumulative expenditure in excess of $250,000 total in a
single fiscal year for a new unclassified software or
information technology capability.
SEC. 6306. SENSE OF CONGRESS ON STRENGTHENING ENTERPRISE
GOVERNANCE.
It is the sense of Congress that in order to modernize the
Department, enterprise-wide governance regarding budget and
finance, information technology, and the creation, analysis,
and use of data across the Department is necessary to better
align resources to strategy, including evaluating trade-offs,
and to enhance efficiency and security in using data and
technology as tools to inform and evaluate the conduct of
United States foreign policy.
SEC. 6307. DIGITAL CONNECTIVITY AND CYBERSECURITY
PARTNERSHIP.
(a) Digital Connectivity and Cybersecurity Partnership.--
The Secretary is authorized to establish a program, which may
be known as the ``Digital Connectivity and Cybersecurity
Partnership'', to help foreign countries--
(1) expand and increase secure internet access and digital
infrastructure in emerging markets, including demand for and
availability of high-quality information and communications
technology (ICT) equipment, software, and services;
(2) protect technological assets, including data;
(3) adopt policies and regulatory positions that foster and
encourage open, interoperable, reliable, and secure internet,
the free flow of data, multi-stakeholder models of internet
governance, and pro-competitive and secure ICT policies and
regulations;
(4) access United States exports of ICT goods and services;
(5) expand interoperability and promote the diversification
of ICT goods and supply chain services to be less reliant on
PRC imports;
(6) promote best practices and common standards for a
national approach to cybersecurity; and
(7) advance other priorities consistent with paragraphs (1)
through (6), as determined by the Secretary.
(b) Use of Funds.--Funds made available to carry out this
section, including unexpended funds from fiscal years 2018
through 2022, may be used to strengthen civilian
cybersecurity and information and communications technology
capacity, including participation of foreign law enforcement
and military personnel in non-military activities,
notwithstanding any other provision of law, provided that
such support is essential to enabling civilian and law
enforcement of cybersecurity and information and
communication technology related activities in their
respective countries.
(c) Implementation Plan.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit
to the appropriate congressional committees an implementation
plan for the coming year to advance the goals identified in
subsection (a).
(d) Consultation.--In developing and operationalizing the
implementation plan required under subsection (c), the
Secretary shall consult with--
(1) the appropriate congressional committees, the Committee
on Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives;
(2) United States industry leaders;
(3) other relevant technology experts, including the Open
Technology Fund;
(4) representatives from relevant United States Government
agencies; and
(5) representatives from like-minded allies and partners.
(e) Authorization of Appropriations.--There is authorized
to be appropriated $100,000,000 for each of fiscal years 2024
through 2028 to carry out this section. Such funds, including
funds authorized to be appropriated under the heading
``Economic Support Fund'', may be made available,
notwithstanding any other provision of law to strengthen
civilian cybersecurity and information and communications
technology capacity, including for participation of foreign
law enforcement and military personnel in non-military
activities, and for contributions. Such funds shall remain
available until expended.
SEC. 6308. ESTABLISHMENT OF A CYBERSPACE, DIGITAL
CONNECTIVITY, AND RELATED TECHNOLOGIES (CDT)
FUND.
Part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2301 et seq.) is amended by adding at the end the following
new chapter:
``CHAPTER 10--CYBERSPACE, DIGITAL CONNECTIVITY, AND RELATED
TECHNOLOGIES (CDT) FUND
``SEC. 591. FINDINGS.
``Congress makes the following findings:
``(1) Increasingly digitized and interconnected social,
political, and economic systems have introduced new
vulnerabilities for malicious actors to exploit, which
threatens economic and national security.
``(2) The rapid development, deployment, and integration of
information and communication technologies into all aspects
of modern life bring mounting risks of accidents and
malicious activity involving such technologies, and their
potential consequences.
``(3) Because information and communication technologies
are globally manufactured, traded, and networked, the
economic and national security of the United State depends
greatly on cybersecurity practices of other actors, including
other countries.
``(4) United States assistance to countries and
international organizations to bolster civilian capacity to
address national cybersecurity and deterrence in cyberspace
can help--
``(A) reduce vulnerability in the information and
communication technologies ecosystem; and
``(B) advance national and economic security objectives.
``SEC. 592. AUTHORIZATION OF ASSISTANCE AND FUNDING FOR
CYBERSPACE, DIGITAL CONNECTIVITY, AND RELATED
TECHNOLOGIES (CDT) CAPACITY BUILDING
ACTIVITIES.
``(a) Authorization.--The Secretary of State is authorized
to provide assistance to foreign governments and
organizations, including national, regional, and
international institutions, on such terms and conditions as
the Secretary may determine, in order to--
``(1) advance a secure and stable cyberspace;
``(2) protect and expand trusted digital ecosystems and
connectivity;
``(3) build the cybersecurity capacity of partner countries
and organizations; and
``(4) ensure that the development of standards and the
deployment and use of technology supports and reinforces
human rights and democratic values, including through the
Digital Connectivity and Cybersecurity Partnership.
``(b) Scope of Uses.--Assistance under this section may
include programs to--
``(1) advance the adoption and deployment of secure and
trustworthy information and communications technology (ICT)
infrastructure and services, including efforts to grow global
markets for secure ICT goods and services and promote a more
diverse and resilient ICT supply chain;
``(2) provide technical and capacity building assistance
to--
``(A) promote policy and regulatory frameworks that create
an enabling environment for digital connectivity and a
vibrant digital economy;
``(B) ensure technologies, including related new and
emerging technologies, are developed, deployed, and used in
ways that support and reinforce democratic values and human
rights;
``(C) promote innovation and competition; and
``(D) support digital governance with the development of
rights-respecting international norms and standards;
``(3) help countries prepare for, defend against, and
respond to malicious cyber activities, including through--
``(A) the adoption of cybersecurity best practices;
``(B) the development of national strategies to enhance
cybersecurity;
``(C) the deployment of cybersecurity tools and services to
increase the security, strength, and resilience of networks
and infrastructure;
``(D) support for the development of cybersecurity watch,
warning, response, and recovery capabilities, including
through the development of cybersecurity incident response
teams;
``(E) support for collaboration with the Cybersecurity and
Infrastructure Security Agency (CISA) and other relevant
Federal agencies to enhance cybersecurity;
``(F) programs to strengthen allied and partner
governments' capacity to detect, investigate, deter, and
prosecute cybercrimes;
``(G) programs to provide information and resources to
diplomats engaging in discussions and negotiations around
international law and capacity building measures related to
cybersecurity;
``(H) capacity building for cybersecurity partners,
including law enforcement and military entities as described
in subsection (f);
``(I) programs that enhance the ability of relevant
stakeholders to act collectively against shared cybersecurity
threats;
``(J) the advancement of programs in support of the
Framework of Responsible State Behavior in Cyberspace; and
``(K) the fortification of deterrence instruments in
cyberspace; and
``(4) such other purpose and functions as the Secretary of
State may designate.
``(c) Responsibility for Policy Decisions and
Justification.--The Secretary of State shall be responsible
for policy decisions regarding programs under this chapter,
with respect to--
``(1) whether there will be cybersecurity and digital
capacity building programs for a
[[Page S2884]]
foreign country or entity operating in that country;
``(2) the amount of funds for each foreign country or
entity; and
``(3) the scope and nature of such uses of funding.
``(d) Detailed Justification for Uses and Purposes of
Funds.--The Secretary of State shall provide, on an annual
basis, a detailed justification for the uses and purposes of
the amounts provided under this chapter, including
information concerning--
``(1) the amounts and kinds of grants;
``(2) the amounts and kinds of budgetary support provided,
if any; and
``(3) the amounts and kinds of project assistance provided
for what purpose and with such amounts.
``(e) Assistance and Funding Under Other Authorities.--The
authority granted under this section to provide assistance or
funding for countries and organizations does not preclude the
use of funds provided to carry out other authorities also
available for such purpose.
``(f) Availability of Funds.--Amounts appropriated to carry
out this chapter may be used, notwithstanding any other
provision of law, to strengthen civilian cybersecurity and
information and communications technology capacity, including
participation of foreign law enforcement and military
personnel in non-military activities, provided that such
support is essential to enabling civilian and law enforcement
of cybersecurity and information and communication technology
related activities in their respective countries.
``(g) Notification Requirements.--Funds made available
under this section shall be obligated in accordance with the
procedures applicable to reprogramming notifications pursuant
to section 634A of this Act.
``SEC. 593. REVIEW OF EMERGENCY ASSISTANCE CAPACITY.
``(a) In General.--The Secretary of State, in consultation
as appropriate with other relevant Federal departments and
agencies is authorized to conduct a review that--
``(1) analyzes the United States Government's capacity to
promptly and effectively deliver emergency support to
countries experiencing major cybersecurity and ICT incidents;
``(2) identifies relevant factors constraining the support
referred to in paragraph (1); and
``(3) develops a strategy to improve coordination among
relevant Federal agencies and to resolve such constraints.
``(b) Report.--Not later than one year after the date of
the enactment of this chapter, the Secretary of State shall
submit a report to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives that contains the results of the review
conducted pursuant to subsection (a).
``SEC. 594. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated $150,000,000
during the 5-year period beginning on October 1, 2023, to
carry out the purposes of this chapter.''.
SEC. 6309. CYBER PROTECTION SUPPORT FOR PERSONNEL OF THE
DEPARTMENT OF STATE IN POSITIONS HIGHLY
VULNERABLE TO CYBER ATTACK.
(a) Definitions.--In this section:
(1) At-risk personnel.--The term ``at-risk personnel''
means personnel of the Department--
(A) whom the Secretary determines to be highly vulnerable
to cyber attacks and hostile information collection
activities because of their positions in the Department; and
(B) whose personal technology devices or personal accounts
are highly vulnerable to cyber attacks and hostile
information collection activities.
(2) Personal accounts.--The term ``personal accounts''
means accounts for online and telecommunications services,
including telephone, residential internet access, email, text
and multimedia messaging, cloud computing, social media,
health care, and financial services, used by personnel of the
Department outside of the scope of their employment with the
Department.
(3) Personal technology devices.--The term ``personal
technology devices'' means technology devices used by
personnel of the Department outside of the scope of their
employment with the Department, including networks to which
such devices connect.
(b) Requirement to Provide Cyber Protection Support.--The
Secretary, in consultation with the Director of National
Intelligence--
(1) shall offer cyber protection support for the personal
technology devices and personal accounts of at-risk
personnel; and
(2) may provide the support described in paragraph (1) to
any Department personnel who request such support.
(c) Nature of Cyber Protection Support.--Subject to the
availability of resources, the cyber protection support
provided to personnel pursuant to subsection (b) may include
training, advice, assistance, and other services relating to
protection against cyber attacks and hostile information
collection activities.
(d) Privacy Protections for Personal Devices.--The
Department is prohibited from accessing or retrieving any
information from any personal technology device or personal
account of Department employees receiving cyber protection
support described by this section unless--
(1) access or information retrieval is necessary for
carrying out the cyber protection support specified in this
section; and
(2) the Department has received explicit consent from the
employee to access a personal technology device or personal
account prior to each time such device or account is
accessed.
(e) Rule of Construction.--Nothing in this section may be
construed--
(1) to encourage Department personnel to use personal
technology devices for official business; or
(2) to authorize cyber protection support for senior
Department personnel using personal devices, networks, and
personal accounts in an official capacity.
(f) 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 regarding the
provision of cyber protection support pursuant to subsection
(b), which shall include--
(1) a description of the methodology used to make the
determination under subsection (a)(1); and
(2) guidance for the use of cyber protection support and
tracking of support requests for personnel receiving cyber
protection support pursuant to subsection (b).
TITLE LXIV--ORGANIZATION AND OPERATIONS
SEC. 6401. PERSONAL SERVICES CONTRACTORS.
(a) Exigent Circumstances and Crisis Response.--To assist
the Department in addressing and responding to exigent
circumstances and urgent crises abroad, the Department is
authorized to employ, domestically and abroad, a limited
number of personal services contractors in order to meet
exigent needs, subject to the requirements of this section.
(b) Authority.--The authority to employ personal services
contractors is in addition to any existing authorities to
enter into personal services contracts and authority provided
in the Afghanistan Supplemental Appropriations Act, 2022
(division C of Public Law 117-43).
(c) Employing and Allocation of Personnel.--To meet the
needs described in subsection (a) and subject to the
requirements in subsection (d), the Department may--
(1) enter into contracts to employ a total of up to 100
personal services contractors at any given time for each of
fiscal years 2024, 2025, and 2026; and
(2) allocate up to 20 personal services contractors to a
given bureau, without regard to the sources of funding such
office relies on to compensate individuals.
(d) Limitation.--Employment authorized by this section
shall not exceed two calendar years.
(e) Notification and Reporting to Congress.--
(1) Notification.--Not later than 15 days after the use of
authority under this section, the Secretary shall notify the
appropriate congressional committees, the Committee on
Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives of the number
of personal services contractors being employed, the expected
length of employment, the relevant bureau, the purpose for
using personal services contractors, and the justification,
including the exigent circumstances requiring such use.
(2) Annual reporting.--Not later than 60 days after the end
of each fiscal year, the Department shall submit to the
appropriate congressional committees, the Committee on
Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives a report
describing the number of personal services contractors
employed pursuant to this section for the prior fiscal year,
the length of employment, the relevant bureau by which they
were employed pursuant to this section, the purpose for using
personal services contractors, disaggregated demographic data
of such contractors, and the justification for the
employment, including the exigent circumstances.
SEC. 6402. HARD-TO-FILL POSTS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the number of hard-to-fill vacancies at United States
diplomatic missions is far too high, particularly in Sub-
Saharan Africa;
(2) these vacancies--
(A) adversely impact the Department's execution of regional
strategies;
(B) hinder the ability of the United States to effectively
compete with strategic competitors, such as the People's
Republic of China and the Russian Federation; and
(C) present a clear national security risk to the United
States; and
(3) if the Department is unable to incentivize officers to
accept hard-to-fill positions, the Department should consider
directed assignments, particularly for posts in Africa, and
other means to more effectively advance the national
interests of the United States.
(b) Report on Development of Incentives for Hard-to-fill
Posts.--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 on efforts to
develop new incentives for hard-to-fill positions at United
States diplomatic missions. The report shall include a
description of the incentives developed to date and proposals
to try to more effectively fill hard-to-fill posts.
(c) Study on Feasibility of Allowing Non-Consular Foreign
Service Officers Given Directed Consular Posts to Volunteer
for Hard-to-fill Posts in Understaffed Regions.--
[[Page S2885]]
(1) Study.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall conduct a
study on--
(i) the number of Foreign Service positions vacant for six
months or longer at overseas posts, including for consular,
political, and economic positions, over the last five years,
broken down by region, and a comparison of the proportion of
vacancies between regions; and
(ii) the feasibility of allowing first-tour Foreign Service
generalists in non-Consular cones, directed for a consular
tour, to volunteer for reassignment at hard-to-fill posts in
understaffed regions.
(B) Matters to be considered.--The study conducted under
subparagraph (A) shall consider whether allowing first-tour
Foreign Service generalists to volunteer as described in such
subparagraph would address current vacancies and what impact
the new mechanism would have on consular operations.
(2) Report.--Not later than 60 days after completing the
study required under paragraph (1), the Secretary shall
submit to the appropriate congressional committees a report
containing the findings of the study.
SEC. 6403. ENHANCED OVERSIGHT OF THE OFFICE OF CIVIL RIGHTS.
(a) Report With Recommendations and Management Structure.--
Not later than 270 days after the date of the enactment of
this Act, the Secretary shall submit to the appropriate
congressional committees a report with any recommendations
for the long-term structure and management of the Office of
Civil Rights (OCR), including--
(1) an assessment of the strengths and weaknesses of OCR's
investigative processes and procedures;
(2) any changes made within OCR to its investigative
processes to improve the integrity and thoroughness of its
investigations; and
(3) any recommendations to improve the management
structure, investigative process, and oversight of the
Office.
SEC. 6404. CRISIS RESPONSE OPERATIONS.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary shall institute the
following changes and ensure that the following elements have
been integrated into the ongoing crisis response management
and response by the Crisis Management and Strategy Office:
(1) The Department's crisis response planning and
operations shall conduct, maintain, and update on a regular
basis contingency plans for posts and regions experiencing or
vulnerable to conflict or emergency conditions, including
armed conflict, national disasters, significant political or
military upheaval, and emergency evacuations.
(2) The Department's crisis response efforts shall be led
by an individual with significant experience responding to
prior crises, who shall be so designated by the Secretary.
(3) The Department's crisis response efforts shall provide
at least quarterly updates to the Secretary and other
relevant senior officials, including a plan and schedule to
develop contingency planning for identified posts and regions
consistent with paragraph (1).
(4) The decision to develop contingency planning for any
particular post or region shall be made independent of any
regional bureau.
(5) The crisis response team shall develop and maintain
best practices for evacuations, closures, and emergency
conditions.
(b) Update.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter for
the next five years, the Secretary shall submit to the
appropriate congressional committees, the Committee on
Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives an update
outlining the steps taken to implement this section, along
with any other recommendations to improve the Department's
crisis management and response operations.
(2) Contents.--Each update submitted pursuant to paragraph
(1) should include--
(A) a list of the posts whose contingency plans, including
any noncombatant evacuation contingencies, has been reviewed
and updated as appropriate during the preceding 180 days; and
(B) an assessment of the Secretary's confidence that each
post--
(i) has continuously reached out to United States persons
in country to maintain and update contact information for as
many such persons as practicable; and
(ii) is prepared to communicate with such persons in an
emergency or crisis situation.
(3) Form.--Each update submitted pursuant to paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
SEC. 6405. SPECIAL ENVOY TO THE PACIFIC ISLANDS FORUM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States must increase its diplomatic activity
and presence in the Pacific, particularly among Pacific
Island nations; and
(2) the Special Envoy to the Pacific Islands Forum--
(A) should advance the United States partnership with
Pacific Island Forum nations and with the organization itself
on key issues of importance to the Pacific region; and
(B) should coordinate policies across the Pacific region
with like-minded democracies.
(b) Appointment of Special Envoy to the Pacific Islands
Forum.--Section 1 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2651a), as amended by section 6304, is
further amended by adding at the end the following new
subsection:
``(o) Special Envoy to the Pacific Islands Forum.--
``(1) Appointment.--The President shall appoint, by and
with the advice and consent of the Senate, a qualified
individual to serve as Special Envoy to the Pacific Islands
Forum (referred to in this section as the `Special Envoy').
``(2) Considerations.--
``(A) Selection.--The Special Envoy shall be--
``(i) a United States Ambassador to a country that is a
member of the Pacific Islands Forum; or
``(ii) a qualified individual who is not described in
clause (i).
``(B) Limitations.--If the President appoints an Ambassador
to a country that is a member of the Pacific Islands Forum to
serve concurrently as the Special Envoy to the Pacific
Islands Forum, such Ambassador--
``(i) may not begin service as the Special Envoy until he
or she has been confirmed by the Senate for an ambassadorship
to a country that is a member of the Pacific Islands Forum;
and
``(ii) shall not receive additional compensation for his or
her service as Special Envoy.
``(3) Duties.--The Special Envoy shall--
``(A) represent the United States in its role as dialogue
partner to the Pacific Islands Forum; and
``(B) carry out such other duties as the President or the
Secretary of State may prescribe.''.
(c) 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 describes how
the Department will increase its ability to recruit and
retain highly-qualified ambassadors, special envoys, and
other senior personnel in posts in Pacific island countries
as the Department expands its diplomatic footprint throughout
the region.
SEC. 6406. SPECIAL ENVOY FOR BELARUS.
(a) Special Envoy.--The President shall appoint a Special
Envoy for Belarus within the Department (referred to in this
section as the ``Special Envoy''). The Special Envoy should
be a person of recognized distinction in the field of
European security, geopolitics, democracy and human rights,
and may be a career Foreign Service officer.
(b) Central Objective.--The central objective of the
Special Envoy is to coordinate and promote efforts--
(1) to improve respect for the fundamental human rights of
the people of Belarus;
(2) to sustain focus on the national security implications
of Belarus's political and military alignment for the United
States; and
(3) to respond to the political, economic, and security
impacts of events in Belarus upon neighboring countries and
the wider region.
(c) Duties and Responsibilities.--The Special Envoy shall--
(1) engage in discussions with Belarusian officials
regarding human rights, political, economic and security
issues in Belarus;
(2) support international efforts to promote human rights
and political freedoms in Belarus, including coordination and
dialogue between the United States and the United Nations,
the Organization for Security and Cooperation in Europe, the
European Union, Belarus, and the other countries in Eastern
Europe;
(3) consult with nongovernmental organizations that have
attempted to address human rights and political and economic
instability in Belarus;
(4) make recommendations regarding the funding of
activities promoting human rights, democracy, the rule of
law, and the development of a market economy in Belarus;
(5) review strategies for improving protection of human
rights in Belarus, including technical training and exchange
programs;
(6) develop an action plan for holding to account the
perpetrators of the human rights violations documented in the
United Nations High Commissioner for Human Rights report on
the situation of human rights in Belarus in the run-up to the
2020 presidential election and its aftermath (Human Rights
Council Resolution 49/36);
(7) engage with member countries of the North Atlantic
Treaty Organization, the Organization for Security and
Cooperation in Europe and the European Union with respect to
the implications of Belarus's political and security
alignment for transatlantic security; and
(8) work within the Department and among partnering
countries to sustain focus on the political situation in
Belarus.
(d) Role.--The position of Special Envoy--
(1) shall be a full-time position;
(2) may not be combined with any other position within the
Department;
(3) shall only exist as long as United States diplomatic
operations in Belarus at United States Embassy Minsk have
been suspended; and
(4) shall oversee the operations and personnel of the
Belarus Affairs Unit.
(e) Report on Activities.--Not later than 180 days after
the date of the enactment of this Act, and annually
thereafter for the following 5 years, the Secretary, in
consultation with the Special Envoy, shall submit a
[[Page S2886]]
report to the appropriate congressional committees that
describes the activities undertaken pursuant to subsection
(c) during the reporting period.
(f) Sunset.--The position of Special Envoy for Belarus
Affairs and the authorities provided by this section shall
terminate 5 years after the date of the enactment of this
Act.
SEC. 6407. OVERSEAS PLACEMENT OF SPECIAL APPOINTMENT
POSITIONS.
Not later than 90 days after the date of the enactment of
this Act, the Secretary shall submit to the appropriate
congressional committees a report on current special
appointment positions at United States diplomatic missions
that do not exercise significant authority, and all positions
under schedule B or schedule C of subpart C of part 213 of
title 5, Code of Federal Regulations, at United States
diplomatic missions. The report shall include the title and
responsibilities of each position, the expected duration of
the position, the name of the individual currently appointed
to the position, and the hiring authority utilized to fill
the position.
SEC. 6408. ESTABLISHMENT OF OFFICE OF THE SPECIAL
REPRESENTATIVE FOR CITY AND STATE DIPLOMACY.
Section 1 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a), as amended by section 6405, is
further amended by adding at the end the following new
subsection:
``(p) Office of the Special Representative for City and
State Diplomacy.--
``(1) In general.--There is established within the Office
of Global Partnerships of the Department of State an Office
of the Special Representative for City and State Diplomacy
(in this subsection referred to as the `Office').
``(2) Head.--The head of the Office shall be the Special
Representative for City and State Diplomacy, who shall be
responsible for developing strategies to advise and enhance
subnational diplomacy throughout the United States.
``(3) Duties.--
``(A) Principal duty.--The principal duty of the Special
Representative shall be providing the overall strategic
guidance of Department of State support for subnational
engagements by State and municipal governments with foreign
governments. The Special Representative shall be the
principal adviser to the Secretary of State on subnational
engagements, the principal official on such matters within
the senior management of the Department of State, and lead
coordinator on such matters for other relevant Federal
agencies.
``(B) Additional duties.--The additional duties of the
Special Representative shall include the following:
``(i) Providing strategic guidance for overall Department
of State policy and programs in support of subnational
engagements by State and municipal governments with foreign
governments, including with respect to the following:
``(I) Identifying policy, program, and funding
discrepancies among relevant Federal agencies regarding
subnational diplomacy engagement.
``(II) Advising on efforts to better align the Department
of State and other Federal agencies in support of such
engagements.
``(ii) Identifying areas of alignment between United States
foreign policy and State and municipal goals.
``(iii) Facilitating tools for State and municipal
officials to communicate with the United States public
regarding the breadth of international engagement by
subnational actors and the impact of diplomacy across the
United States.
``(iv) Facilitating linkages and networks among State and
municipal governments and between State and municipal
governments and their foreign counterparts.
``(v) Under the direction of the Secretary, negotiating
agreements and memoranda of understanding with foreign
governments related to subnational engagements and
priorities.
``(vi) Supporting United States economic interests through
subnational engagements, in consultation and coordination
with the Department of Commerce, the Department of the
Treasury, and the Office of the United States Trade
Representative.
``(4) Coordination.--With respect to matters involving
trade promotion and inward investment facilitation, the
Office shall coordinate with and support the International
Trade Administration of the Department of Commerce as the
lead Federal agency for trade promotion and facilitation of
business investment in the United States.
``(5) Detailees.--
``(A) In general.--The Secretary of State, with respect to
employees of the Department of State, is authorized to detail
a member of the civil service or Foreign Service to State and
municipal governments on a reimbursable or nonreimbursable
basis. Such details shall be for a period not to exceed two
years, and shall be without interruption or loss of status or
privilege.
``(B) Responsibilities.--Detailees under subparagraph (A)
should carry out the following responsibilities:
``(i) Supporting the mission and objectives of the host
subnational government office.
``(ii) Advising State and municipal government officials
regarding questions of global affairs, foreign policy,
cooperative agreements, and public diplomacy.
``(iii) Coordinating activities relating to State and
municipal government subnational engagements with the
Department of State, including the Office, Department
leadership, and regional and functional bureaus of the
Department, as appropriate.
``(iv) Engaging Federal agencies regarding security, public
health, trade promotion, and other programs executed at the
State or municipal government level.
``(v) Any other duties requested by State and municipal
governments and approved by the Office.
``(C) Additional personnel support for subnational
engagement.--For the purposes of this subsection, the
Secretary of State--
``(i) is authorized to employ individuals by contract;
``(ii) is encouraged to make use of the re-hired annuitants
authority under section 3323 of title 5, United States Code,
particularly for annuitants who are already residing across
the United States who may have the skills and experience to
support subnational governments; and
``(iii) is encouraged to make use of authorities under the
Intergovernmental Personnel Act of 1970 (42 U.S.C. 4701 et
seq.) to temporarily assign State and local government
officials to the Department of State or overseas missions to
increase their international experience and add their
perspectives on United States priorities to the Department.
``(6) Report and briefing.--
``(A) Report.--Not later than one year after the date of
the enactment of this subsection, the Special Representative
shall submit to the Committee on Foreign Relations and the
Committee on Appropriations of the Senate and the Committee
on Foreign Affairs and the Committee on Appropriations of the
House of Representatives a report that includes information
relating to the following:
``(i) The staffing plan (including permanent and temporary
staff) for the Office and a justification for the location of
the Office within the Department of State's organizational
structure.
``(ii) The funding level provided to the Office for the
Office, together with a justification relating to such level.
``(iii) The rank and title granted to the Special
Representative, together with a justification relating to
such decision and an analysis of whether the rank and title
is required to fulfill the duties of the Office.
``(iv) A strategic plan for the Office, including relating
to--
``(I) supporting subnational engagements to improve United
States foreign policy effectiveness;
``(II) enhancing the awareness, understanding, and
involvement of United States citizens in the foreign policy
process; and
``(III) better engaging with foreign subnational
governments to strengthen diplomacy.
``(v) Any other matters as determined relevant by the
Special Representative.
``(B) Briefings.--Not later than 30 days after the
submission of the report required under subparagraph (A) and
annually thereafter, the Special Representative shall brief
the Committee on Foreign Relations and the Committee on
Appropriations of the Senate and the Committee on Foreign
Affairs and the Committee on Appropriations of the House of
Representatives on the work of the Office and any changes
made to the organizational structure or funding of the
Office.
``(7) Rule of construction.--Nothing in this subsection may
be construed as precluding--
``(A) the Office from being elevated to a bureau within the
Department of State; or
``(B) the Special Representative from being elevated to an
Assistant Secretary, if such an Assistant Secretary position
does not increase the number of Assistant Secretary positions
at the Department above the number authorized under
subsection (c)(1).
``(8) Definitions.--In this subsection:
``(A) Municipal.--The term `municipal' means, with respect
to the government of a municipality in the United States, a
municipality with a population of not fewer than 100,000
people.
``(B) State.--The term `State' means the 50 States, the
District of Columbia, and any territory or possession of the
United States.
``(C) Subnational engagement.--The term `subnational
engagement' means formal meetings or events between elected
officials of State or municipal governments and their foreign
counterparts.''.
TITLE LXV--ECONOMIC DIPLOMACY
SEC. 6501. DUTIES OF OFFICERS PERFORMING ECONOMIC FUNCTIONS.
(a) In General.--Chapter 5 of title I of the Foreign
Service Act of 1980 (22 U.S.C. 3981 et seq.) is amended by
adding at the end the following new section:
``SEC. 506. DUTIES OF OFFICERS PERFORMING ECONOMIC FUNCTIONS.
``(a) Defined Term.--In this section, the term `United
States person' means--
``(1) a United States citizen or an alien lawfully admitted
for permanent residence to the United States; or
``(2) an entity organized under the laws of the United
States or any jurisdiction within the United States,
including a foreign branch of such an entity.
``(b) In General.--The Secretary is authorized to direct
the officers performing economic functions of the Foreign
Service as appropriate to carry out the full spectrum of
economic statecraft and commercial diplomacy work that
advances United States foreign policy priorities in the host
country or domestic posting to which they are assigned,
including--
[[Page S2887]]
``(1) to negotiate economic and other related agreements
with foreign governments and international organizations;
``(2) to inform the Department, and when appropriate, the
Washington, D.C., headquarters offices of Federal agencies,
with respect to the positions of foreign governments and
international organizations in negotiations on such matters
as economic, energy, environment, science and health;
``(3) to advance--
``(A) the routine implementation and maintenance of
economic, environment, science, and health agreements; and
``(B) other initiatives in the countries to which such
officers are assigned related to improving economic or
commercial relations for the benefit of United States
persons, including businesses;
``(4) to identify, help design and execute, and advance, in
consultation with other Federal agencies, United States
policies, programs, and initiatives, including capacity-
building efforts, to advance policies of foreign governments
that improve local economic governance, market-based business
environments, and market access, increase trade and
investment opportunities, or provide a more level playing
field for United States persons, including with respect to--
``(A) improving revenue collection;
``(B) streamlining customs processes and improving customs
transparency and efficiency;
``(C) improving regulatory management;
``(D) improving procurement processes, including
facilitating transparency in tendering, bidding, and contact
negotiation;
``(E) advancing intellectual property protections;
``(F) eliminating anticompetitive subsidies and improving
the transparency of remaining subsidies;
``(G) improving budget management and oversight; and
``(H) strengthening management of important economic
sectors;
``(5) to prioritize active support of economic and
commercial goals of the United States, and as appropriate,
United States persons abroad, in conjunction with the United
States and Foreign Commercial Service established by section
2301 of the Export Enhancement Act of 1988 (15 U.S.C. 4721);
``(6) to provide United States persons with information on
all United States Government support with respect to
international economic matters;
``(7) to receive feedback from United States persons with
respect to support described in paragraphs (5) and (6), and
report that feedback to the chief of mission and to the
headquarters of the Department;
``(8) to consult closely and regularly with the private
sector in accordance with section 709 of the Championing
American Business through Diplomacy Act of 2019 (22 U.S.C.
9905);
``(9) to identify and execute opportunities for the United
States to counter policies, initiatives, or activities by
authoritarian governments or enterprises affiliated with such
governments that are anticompetitive or undermine the
sovereignty or prosperity of the United States or a partner
country;
``(10) to identify and execute opportunities for the United
States in new and emerging areas of trade and investment,
such as digital trade, critical minerals extraction,
refining, and processing, energy, and innovation;
``(11) to monitor the development and implementation of
bilateral and multilateral economic and other related
agreements and provide recommendations to the Secretary and
the heads of other relevant Federal agencies with respect to
United States actions and initiatives relating to those
agreements;
``(12) to maintain complete and accurate records of the
performance measurements of the Department for economic and
commercial diplomacy activities, as directed by the chief of
mission and other senior officials of the Department;
``(13) to report on issues and developments related to
economic, commercial, trade, investment, energy, environment,
science, and health matters with direct relevance to United
States economic and national security interests, especially
when accurate, reliable, timely, and cost-effective
information is unavailable from non-United States Government
sources; and
``(14) to coordinate all activities, as necessary and
appropriate, with counterparts in other agencies.
``(c) Regulatory Updates.--The Secretary shall update
guidance in the Foreign Affairs Manual and other regulations
and guidance as necessary to implement this section.''.
(b) Clerical Amendment.--The table of contents for the
Foreign Service Act of 1980 is amended by inserting after the
item relating to section 505 the following:
``Sec. 506. Duties of economic officers.''.
SEC. 6502. REPORT ON RECRUITMENT, RETENTION, AND PROMOTION OF
FOREIGN SERVICE ECONOMIC OFFICERS.
(a) In General.--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 regarding
the recruitment, retention, and promotion of economic
officers in the Foreign Service.
(b) Elements.--The report required under subsection (b)
shall include--
(1) an overview of the key challenges the Department faces
in--
(A) recruiting individuals to serve as economic officers in
the Foreign Service; and
(B) retaining individuals serving as economic officers in
the Foreign Service, particularly at the level of GS-14 of
the General Schedule and higher;
(2) an overview of the key challenges in recruiting and
retaining qualified individuals to serve in economic
positions in the Civil Service;
(3) a comparison of promotion rates for economic officers
in the Foreign Service relative to other officers in the
Foreign Service;
(4) a summary of the educational history and training of
current economic officers in the Foreign Service and Civil
Service officers serving in economic positions;
(5) the identification, disaggregated by region, of hard-
to-fill posts and proposed incentives to improve staffing of
economic officers in the Foreign Service at such posts;
(6) a summary and analysis of the factors that lead to the
promotion of--
(A) economic officers in the Foreign Service; and
(B) individuals serving in economic positions in the Civil
Service; and
(7) a summary and analysis of current Department-funded or
run training opportunities and externally-funded programs,
including the Secretary's Leadership Seminar at Harvard
Business School, for--
(A) economic officers in the Foreign Service; and
(B) individuals serving in economic positions in the Civil
Service.
SEC. 6503. MANDATE TO REVISE DEPARTMENT OF STATE METRICS FOR
SUCCESSFUL ECONOMIC AND COMMERCIAL DIPLOMACY.
(a) Mandate to Revise Department of State Performance
Measures for Economic and Commercial Diplomacy.--The
Secretary shall, as part of the Department's next regularly
scheduled review on metrics and performance measures, include
revisions of Department performance measures for economic and
commercial diplomacy, by identifying outcome-oriented, and
not process-oriented, performance metrics, including metrics
that--
(1) measure how Department efforts advanced specific
economic and commercial objectives and led to successes for
the United States or other private sector actors overseas;
and
(2) focus on customer satisfaction with Department services
and assistance.
(b) Plan for Ensuring Complete Data for Performance
Measures.--As part of the review required under subsection
(a), the Secretary shall include a plan for ensuring that--
(1) the Department, both at its main headquarters and at
domestic and overseas posts, maintains and fully updates data
on performance measures; and
(2) Department leadership and the appropriate congressional
committees can evaluate the extent to which the Department is
advancing United States economic and commercial interests
abroad through meeting performance targets.
(c) Report on Private Sector Surveys.--The Secretary shall
prepare a report that lists and describes all the methods
through which the Department conducts surveys of the private
sector to measure private sector satisfaction with assistance
and services provided by the Department to advance private
sector economic and commercial goals in foreign markets.
(d) Report.--Not later than 90 days after conducting the
review pursuant to subsection (a), the Secretary shall submit
to the appropriate congressional committees--
(1) the revised performance metrics required under
subsection (a); and
(2) the report required under subsection (c).
SEC. 6504. CHIEF OF MISSION ECONOMIC RESPONSIBILITIES.
Section 207 of the Foreign Service Act of 1980 (22 U.S.C.
3927) is amended by adding at the end the following:
``(e) Embassy Economic Team.--
``(1) Coordination and supervision.--Each chief of mission
shall coordinate and supervise the implementation of all
United States economic policy interests within the host
country in which the diplomatic mission is located, among all
United States Government departments and agencies present in
such country.
``(2) Accountability.--The chief of mission is responsible
for the performance of the diplomatic mission in advancing
United States economic policy interests within the host
country.
``(3) Mission economic team.--The chief of mission shall
designate appropriate embassy staff to form a mission
economic team that--
``(A) monitors notable economic, commercial, and
investment-related developments in the host country; and
``(B) develops plans and strategies for advancing United
States economic and commercial interests in the host country,
including--
``(i) tracking legislative, regulatory, judicial, and
policy developments that could affect United States economic,
commercial, and investment interests;
``(ii) advocating for best practices with respect to policy
and regulatory developments;
``(iii) conducting regular analyses of market systems,
trends, prospects, and opportunities for value-addition,
including risk assessments and constraints analyses of key
sectors and of United States strategic competitiveness, and
other reporting on commercial opportunities and investment
climate; and
[[Page S2888]]
``(iv) providing recommendations for responding to
developments that may adversely affect United States economic
and commercial interests.''.
SEC. 6505. DIRECTION TO EMBASSY DEAL TEAMS.
(a) Purposes.--The purposes of deal teams at United States
embassies and consulates are--
(1) to promote a private sector-led approach--
(A) to advance economic growth and job creation that is
tailored, as appropriate, to specific economic sectors; and
(B) to advance strategic partnerships;
(2) to prioritize efforts--
(A) to identify commercial and investment opportunities;
(B) to advocate for improvements in the business and
investment climate;
(C) to engage and consult with private sector partners; and
(D) to report on the activities described in subparagraphs
(A) through (C), in accordance with the applicable
requirements under sections 706 and 707 of the Championing
American Business Through Diplomacy Act of 2019 (22 U.S.C.
9902 and 9903);
(3)(A)(i) to identify trade and investment opportunities
for United States companies in foreign markets; or
(ii) to assist with existing trade and investment
opportunities already identified by United States companies;
and
(B) to deploy United States Government economic and other
tools to help such United States companies to secure their
objectives;
(4) to identify and facilitate opportunities for entities
in a host country to increase exports to, or investment in,
the United States in order to grow two-way trade and
investment;
(5) to modernize, streamline, and improve access to
resources and services designed to promote increased trade
and investment opportunities;
(6) to identify and secure United States or allied
government support of strategic projects, such as ports,
railways, energy production and distribution, critical
minerals development, telecommunications networks, and other
critical infrastructure projects vulnerable to predatory
investment by an authoritarian country or entity in such
country where support or investment serves an important
United States interest;
(7) to coordinate across the Unites States Government to
ensure the appropriate and most effective use of United
States Government tools to support United States economic,
commercial, and investment objectives; and
(8) to coordinate with the multi-agency DC Central Deal
Team, established in February 2020, on the matters described
in paragraphs (1) through (7) and other relevant matters.
(b) Clarification.--A deal team may be composed of the
personnel comprising the mission economic team formed
pursuant to section 207(e)(3) of the Foreign Service Act of
1980, as added by section 504.
(c) Restrictions.--A deal team may not provide support for,
or assist a United States person with a transaction
involving, a government, or an entity owned or controlled by
a government, if the Secretary determines that such
government--
(1) has repeatedly provided support for acts of
international terrorism, as described in--
(A) section 1754(c)(1)(A)(i) of the Export Control Reform
Act of 2018 (subtitle B of title XVII of Public Law 115-232);
(B) section 620A(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2371(a));
(C) section 40(d) of the Arms Export Control Act (22 U.S.C.
2780(d)); or
(D) any other relevant provision of law; or
(2) has engaged in an activity that would trigger a
restriction under section 116(a) or 502B(a)(2) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151n(a) and 2304(a)(2)) or
any other relevant provision of law.
(d) Further Restrictions.--
(1) Prohibition on support of sanctioned persons.--Deal
teams may not carry out activities prohibited under United
States sanctions laws or regulations, including dealings with
persons on the list of specially designated persons and
blocked persons maintained by the Office of Foreign Assets
Control of the Department of the Treasury, except to the
extent otherwise authorized by the Secretary of the Treasury
or the Secretary.
(2) Prohibition on support of activities subject to
sanctions.--Any person receiving support from a deal team
must be in compliance with all United States sanctions laws
and regulations as a condition for receiving such assistance.
(e) Chief of Mission Authority and Accountability.--The
chief of mission to a foreign country--
(1) is the designated leader of a deal team in such
country; and
(2) shall be held accountable for the performance and
effectiveness of United States deal teams in such country.
(f) Guidance Cable.--The Department shall send out regular
guidance on Deal Team efforts by an All Diplomatic and
Consular Posts (referred to in this section as ``ALDAC'')
that--
(1) describes the role of deal teams; and
(2) includes relevant and up-to-date information to enhance
the effectiveness of deal teams in a country.
(g) Confidentiality of Information.--
(1) In general.--In preparing the cable required under
subsection (f), the Secretary shall protect from disclosure
any proprietary information of a United States person marked
as business confidential information unless the person
submitting such information--
(A) had notice, at the time of submission, that such
information would be released by; or
(B) subsequently consents to the release of such
information.
(2) Treatment as trade secrets.--Proprietary information
obtained by the United States Government from a United States
person pursuant to the activities of deal teams shall be--
(A) considered to be trade secrets and commercial or
financial information (as such terms are used under section
552b(c)(4) of title 5, United States Code); and
(B) exempt from disclosure without the express approval of
the person.
(h) Sunset.--The requirements under subsections (f) through
(h) shall terminate on the date that is 5 years after the
date of the enactment of this Act.
SEC. 6506. ESTABLISHMENT OF A ``DEAL TEAM OF THE YEAR''
AWARD.
(a) Establishment.--The Secretary shall establish a new
award, to be known as the ``Deal Team of the Year Award'',
and annually present the award to a deal team at one United
States mission in each region to recognize outstanding
achievements in supporting a United States company or
companies pursuing commercial deals abroad or in identifying
new deal prospects for United States companies.
(b) Award Content.--
(1) Department of state.--Each member of a deal team
receiving an award pursuant to subsection (a) shall receive a
certificate that is signed by the Secretary and--
(A) in the case of a member of the Foreign Service, is
included in the next employee evaluation report; or
(B) in the case of a Civil Service employee, is included in
the next annual performance review.
(2) Other federal agencies.--If an award is presented
pursuant to subsection (a) to a Federal Government employee
who is not employed by the Department, the employing agency
may determine whether to provide such employee any
recognition or benefits in addition to the recognition or
benefits provided by the Department.
(c) Eligibility.--Any interagency economics team at a
United States overseas mission under chief of mission
authority that assists United States companies with
identifying, navigating, and securing trade and investment
opportunities in a foreign country or that facilitates
beneficial foreign investment into the United States is
eligible for an award under this section.
(d) Report.--Not later than the last day of the fiscal year
in which awards are presented pursuant to subsection (a), the
Secretary shall submit a report to the appropriate
congressional committees that includes--
(1) each mission receiving a Deal Team of the Year Award.
(2) the names and agencies of each awardee within the
recipient deal teams; and
(3) a detailed description of the reason such deal teams
received such award.
TITLE LXVI--PUBLIC DIPLOMACY
SEC. 6601. PUBLIC DIPLOMACY OUTREACH.
(a) Coordination of Resources.--The Administrator of the
United States Agency for International Development and the
Secretary shall direct public affairs sections at United
States embassies and USAID Mission Program Officers at USAID
missions to coordinate, enhance and prioritize resources for
public diplomacy and awareness campaigns around United States
diplomatic and development efforts, including through--
(1) the utilization of new media technology for maximum
public engagement; and
(2) enact coordinated comprehensive community outreach to
increase public awareness and understanding and appreciation
of United States diplomatic and development efforts.
(b) Development Outreach and Coordination Officers.--USAID
should prioritize hiring of additional Development Outreach
and Coordination officers in USAID missions to support the
purposes of subsection (a).
(c) Best Practices.--The Secretary and the Administrator of
USAID shall identify 10 countries in which Embassies and
USAID missions have successfully executed efforts, including
monitoring and evaluation of such efforts, described in (a)
and develop best practices to be turned into Department and
USAID guidance.
SEC. 6602. MODIFICATION ON USE OF FUNDS FOR RADIO FREE
EUROPE/RADIO LIBERTY.
In section 308(h) of the United States International
Broadcasting Act of 1994 (22 U.S.C. 6207(h)) is amended--
(1) by striking subparagraphs (1), (3), and (5); and
(2) by redesignating paragraphs (2) and (4) as paragraphs
(1) and (2), respectively.
SEC. 6603. INTERNATIONAL BROADCASTING.
(a) Voice of America.--Section 303 of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6202) is
amended by adding at the end the following:
``(d) Voice of America Operations and Structure.--
``(1) Operations.--The Director of the Voice of America
(VOA)--
``(A) shall direct and supervise the operations of VOA,
including making all major decisions relating its staffing;
and
``(B) may utilize any authorities made available to the
United States Agency for Global Media or to its Chief
Executive Officer under this Act or under any other Act to
carry out its operations in an effective manner.
[[Page S2889]]
``(2) Plan.--Not later than 180 days after the date of the
enactment of this Act, the Director of VOA shall submit a
plan to the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives to ensure that the personnel structure of VOA
is sufficient to effectively carry out the principles
described in subsection (c).''.
(b) Appointment of Chief Executive Officer.--Section 304 of
such Act (22 U.S.C. 6203) is amended--
(1) in subsection (a), by striking ``as an entity described
in section 104 of title 5, United States Code'' and inserting
``under the direction of the International Broadcasting
Advisory Board''; and
(2) in subsection (b)(1), by striking the second sentence
and inserting the following: ``Notwithstanding any other
provision of law, when a vacancy arises, until such time as a
Chief Executive Officer, to whom sections 3345 through 3349b
of title 5, United States Code, shall not apply, is appointed
and confirmed by the Senate, an acting Chief Executive
Officer shall be appointed by the International Broadcasting
Advisory Board and shall continue to serve and exercise the
authorities and powers under this title as the sole means of
filling such vacancy, for the duration of the vacancy. In the
absence of a quorum on the International Broadcasting
Advisory Board, the first principal deputy of the United
States Agency for Global Media shall serve as acting Chief
Executive Officer.''.
(c) Chief Executive Officer Authorities.--Section 305(a)(1)
of such Act (22 U.S.C. 6204(a)(1)) is amended by striking
``To supervise all'' and inserting ``To oversee, coordinate,
and provide strategic direction for''.
(d) International Broadcasting Advisory Board.--Section
306(a) of such Act (22 U.S.C. 6205(a)) is amended by striking
``advise the Chief Executive Officer of'' and inserting
``oversee and advise the Chief Executive Officer and''.
(e) Radio Free Africa; Radio Free Americas.--Not later than
180 days after the date of the enactment of this Act, the
Chief Executive Officer of the United States Agency for
Global Media 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 details
the financial and other resources that would be required to
establish and operate 2 nonprofit organizations, modeled
after Radio Free Europe/Radio Liberty and Radio Free Asia,
for the purposes of providing accurate, uncensored, and
reliable news and information to--
(1) the region of Africa, with respect to Radio Free
Africa; and
(2) the region of Latin America and the Caribbean, with
respect to Radio Free Americas.
SEC. 6604. JOHN LEWIS CIVIL RIGHTS FELLOWSHIP PROGRAM.
(a) In General.--The Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2451 et seq.) is amended by
adding at the end the following:
``SEC. 115. JOHN LEWIS CIVIL RIGHTS FELLOWSHIP PROGRAM.
``(a) Establishment.--There is established the John Lewis
Civil Rights Fellowship Program (referred to in this section
as the `Fellowship Program') within the J. William Fulbright
Educational Exchange Program.
``(b) Purposes.--The purposes of the Fellowship Program
are--
``(1) to honor the legacy of Representative John Lewis by
promoting a greater understanding of the history and tenets
of nonviolent civil rights movements; and
``(2) to advance foreign policy priorities of the United
States by promoting studies, research, and international
exchange in the subject of nonviolent movements that
established and protected civil rights around the world.
``(c) Administration.--The Bureau of Educational and
Cultural Affairs (referred to in this section as the
`Bureau') shall administer the Fellowship Program in
accordance with policy guidelines established by the Board,
in consultation with the binational Fulbright Commissions and
United States Embassies.
``(d) Selection of Fellows.--
``(1) In general.--The Board shall annually select
qualified individuals to participate in the Fellowship
Program. The Bureau may determine the number of fellows
selected each year, which, whenever feasible, shall be not
fewer than 25.
``(2) Outreach.--
``(A) In general.--To the extent practicable, the Bureau
shall conduct outreach at institutions, including--
``(i) minority serving institutions, including historically
Black colleges and universities; and
``(ii) other appropriate institutions, as determined by the
Bureau.
``(B) Definitions.--In this paragraph:
``(i) Historically black college and university.--The term
`historically Black college and university' has the meaning
given the term `part B institution' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
``(ii) Minority serving institution.--The term `minority-
serving institution' means an eligible institution under
section 371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
``(e) Fellowship Orientation.--Annually, the Bureau shall
organize and administer a fellowship orientation, which
shall--
``(1) be held in Washington, D.C., or at another location
selected by the Bureau; and
``(2) include programming to honor the legacy of
Representative John Lewis.
``(f) Structure.--
``(1) Work plan.--To carry out the purposes described in
subsection (b)--
``(A) each fellow selected pursuant to subsection (d) shall
arrange an internship or research placement--
``(i) with a nongovernmental organization, academic
institution, or other organization approved by the Bureau;
and
``(ii) in a country with an operational Fulbright U.S.
Student Program; and
``(B) the Bureau shall, for each fellow, approve a work
plan that identifies the target objectives for the fellow,
including specific duties and responsibilities relating to
those objectives.
``(2) Conferences; presentations.--Each fellow shall--
``(A) attend a fellowship orientation organized and
administered by the Bureau under subsection (e);
``(B) not later than the date that is 1 year after the end
of the fellowship period, attend a fellowship summit
organized and administered by the Bureau, which--
``(i) whenever feasible, shall be held in Atlanta, Georgia,
or another location of importance to the civil rights
movement in the United States; and
``(ii) may coincide with other events facilitated by the
Bureau; and
``(C) at such summit, give a presentation on lessons
learned during the period of fellowship.
``(3) Fellowship period.--Each fellowship under this
section shall continue for a period determined by the Bureau,
which, whenever feasible, shall be not fewer than 10 months.
``(g) Fellowship Award.--The Bureau shall provide each
fellow under this section with an allowance that is equal to
the amount needed for--
``(1) the reasonable costs of the fellow during the
fellowship period; and
``(2) travel and lodging expenses related to attending the
orientation and summit required under subsection (e)(2).
``(h) Annual Report.--Not later than 1 year after the date
of the completion of the Fellowship Program by the initial
cohort of fellows selected under subsection (d), and annually
thereafter, the Secretary of State shall submit to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
a report on the implementation of the Fellowship Program,
including--
``(1) a description of the demographics of the cohort of
fellows who completed a fellowship during the preceding 1-
year period;
``(2) a description of internship and research placements,
and research projects selected by such cohort, under the
Fellowship Program, including feedback from--
``(A) such cohort on implementation of the Fellowship
Program; and
``(B) the Secretary on lessons learned; and
``(3) an analysis of trends relating to the diversity of
each cohort of fellows and the topics of projects completed
since the establishment of the Fellowship Program.''.
(b) Technical and Conforming Amendments to the Mutual
Educational and Cultural Exchange Act of 1961.--Section
112(a) of the Mutual Educational and Cultural Exchange Act of
1961 ( 22 U.S.C. 2460(a)) is amended--
(1) in paragraph (8), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (9), by striking the period and inserting
``; and''; and
(3) by adding at the end the following new paragraph:
``(10) the John Lewis Civil Rights Fellowship Program
established under section 115, which provides funding for
international internships and research placements for early-
to mid-career individuals from the United States to study
nonviolent civil rights movements in self-arranged placements
with universities or nongovernmental organizations in foreign
countries.''.
SEC. 6605. DOMESTIC ENGAGEMENT AND PUBLIC AFFAIRS.
(a) Strategy Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall
develop a strategy to explain to the American people the
value of the work of the Department and United States foreign
policy to advancing the national security of the United
States. The strategy shall include--
(1) tools to inform the American people about the non-
partisan importance of United States diplomacy and foreign
relations and to utilize public diplomacy to meet the United
States' national security priorities;
(2) efforts to reach the widest possible audience of
Americans, including those who historically have not had
exposure to United States foreign policy efforts and
priorities;
(3) additional staffing and resource needs including--
(A) domestic positions within the Bureau of Global Public
Affairs to focus on engagement with the American people as
outlined in paragraph (1);
(B) positions within the Bureau of Educational and Cultural
Affairs to enhance program and reach the widest possible
audience;
(C) increasing the number of fellowship and detail programs
that place Foreign Service
[[Page S2890]]
and civil service employees outside the Department for a
limited time, including Pearson Fellows, Reta Joe Lewis Local
Diplomats, Brookings Fellows, and Georgetown Fellows; and
(D) recommendations for increasing participation in the
Hometown Diplomats program and evaluating this program as
well as other opportunities for Department officers to engage
with American audiences while traveling within the United
States.
SEC. 6606. EXTENSION OF GLOBAL ENGAGEMENT CENTER.
Section 1287(j) of the National Defense Authorization Act
for Fiscal Year 2017 (22 U.S.C. 2656 note) is amended by
striking ``on the date that is 8 years after the date of the
enactment of this Act'' and inserting ``on September 30,
2033''.
SEC. 6607. PAPERWORK REDUCTION ACT.
Section 5603(d) of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81) is amended by adding
at the end the following new paragraph:
``(4) United States Information and Educational Exchange
Act of 1948 (Public Law 80-402).''.
SEC. 6608. MODERNIZATION AND ENHANCEMENT STRATEGY.
Not later than 180 days after the date of the enactment of
this Act, the Secretary shall submit a strategy to the
appropriate congressional committees for--
(1) modernizing and increasing the operational and
programming capacity of American Spaces and American Corners
throughout the world, including by leveraging public-private
partnerships;
(2) providing salaries to locally employed staff of
American Spaces and American Corners; and
(3) providing opportunities for United States businesses
and nongovernmental organizations to better utilize American
Spaces.
TITLE LXVII--OTHER MATTERS
SEC. 6701. EXPANDING THE USE OF DDTC LICENSING FEES.
Section 45 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2717) is amended--
(1) by striking ``100 percent of the registration fees
collected by the Office of Trade Controls of the Department
of State'' and inserting ``100 percent of the defense trade
control registration fees collected by the Department of
State'';
(2) by inserting ``management, licensing, compliance, and
policy activities in the defense trade controls function,
including'' after ``expenses incurred for'';
(3) in paragraph (1), by striking ``contract personnel to
assist in'';
(4) in paragraph (2), by striking ``; and'' and inserting a
semicolon;
(5) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(6) by adding at the end the following new paragraphs:
``(4) the facilitation of defense trade policy development
and implementation, review of commodity jurisdiction
determinations, public outreach to industry and foreign
parties, and analysis of scientific and technological
developments as they relate to the exercise of defense trade
control authorities; and
``(5) contract personnel to assist in such activities.''.
SEC. 6702. PROHIBITION ON ENTRY OF OFFICIALS OF FOREIGN
GOVERNMENTS INVOLVED IN SIGNIFICANT CORRUPTION
OR GROSS VIOLATIONS OF HUMAN RIGHTS.
(a) Ineligibility.--
(1) In general.--Officials of foreign governments, and
their immediate family members, about whom the Secretary has
credible information have been involved, directly or
indirectly, in significant corruption, including corruption
related to the extraction of natural resources, or a gross
violation of human rights, including the wrongful detention
of locally employed staff of a United States diplomatic
mission or a United States citizen or national, shall be
ineligible for entry into the United States.
(2) Additional sanctions.--Concurrent with the application
of paragraph (1), the Secretary shall, as appropriate, refer
the matter to the Office of Foreign Assets Control of the
Department of the Treasury to determine whether to apply
sanctions authorities in accordance with United States law to
block the transfer of property and interests in property, and
all financial transactions, in the United States involving
any person described in such paragraph.
(3) Designation.--The Secretary shall also publicly or
privately designate or identify the officials of foreign
governments about whom the Secretary has such credible
information, and their immediate family members, without
regard to whether the individual has applied for a visa.
(b) Exceptions.--
(1) Specific purposes.--Individuals shall not be ineligible
for entry into the United States pursuant to subsection (a)
if such entry would further important United States law
enforcement objectives or is necessary to permit the United
States to fulfill its obligations under the United Nations
Headquarters Agreement.
(2) Rule of construction regarding international
obligations.--Nothing in subsection (a) shall be construed to
derogate from United States obligations under applicable
international agreements.
(c) Waiver.--The Secretary may waive the application of
subsection (a) if the Secretary determines that the waiver
would serve a compelling national interest or that the
circumstances that caused the individual to be ineligible
have changed sufficiently.
(d) Report.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, and every 90 days thereafter, the
Secretary shall submit to the appropriate congressional
committees, the Committee on Appropriations of the Senate,
and the Committee on Appropriations of the House of
Representatives a report, including a classified annex if
necessary, that includes--
(A) a description of information related to corruption or
violation of human rights concerning each of the individuals
found ineligible in the previous 12 months pursuant to
subsection (a)(1) as well as the individuals who the
Secretary designated or identified pursuant to subsection
(a)(3), or who would be ineligible but for the application of
subsection (b); and
(B) a list of any waivers provided under subsection (c),
together with a justification for each waiver.
(2) Form and publication.--
(A) Form.--Each report required under paragraph (1) shall
be submitted in unclassified form but may include a
classified annex.
(B) Public availability.--The Secretary shall make
available to the public on a publicly accessible internet
website of the Department the unclassified portion of each
report required under paragraph (1).
(e) Clarification.--For purposes of subsections (a) and
(d), the records of the Department and of diplomatic and
consular offices of the United States pertaining to the
issuance or refusal of visas or permits to enter the United
States shall not be considered confidential.
SEC. 6703. PROTECTION OF CULTURAL HERITAGE DURING CRISES.
Notwithstanding the limitations specified in section 304(c)
of the Convention on Cultural Property Implementation Act (19
U.S.C. 2603(c)) and without regard to whether a country is a
State Party to the Convention (as defined in sections 302 of
such Act (19 U.S.C. 2601)), the Secretary may exercise the
authority under section 304 of such Act (19 U.S.C. 2603) to
impose import restrictions set forth in section 307 of such
Act (19 U.S.C. 2606) if the Secretary determines that--
(1) imposition of such restrictions is in the national
interest of the United States; and
(2) an emergency condition (as defined in section 304 of
such Act (19 U.S.C. 2603)) applies.
SEC. 6704. NATIONAL MUSEUM OF AMERICAN DIPLOMACY.
Title I of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a et seq.) is amended by adding at the
end the following new section:
``SEC. 64. NATIONAL MUSEUM OF AMERICAN DIPLOMACY.
``(a) Activities.--
``(1) Support authorized.--The Secretary of State is
authorized to provide, by contract, grant, or otherwise, for
the performance of appropriate museum visitor and educational
outreach services and related events, including organizing
programs and conference activities, creating, designing, and
installing exhibits, and conducting museum shop services and
food services in the public exhibition and related physical
and virtual space utilized by the National Museum of American
Diplomacy.
``(2) Recovery of costs.--The Secretary of State is
authorized to recover any revenues generated under the
authority of paragraph (1) for visitor and educational
outreach services and related events referred to in such
paragraph, including fees for use of facilities at the
National Museum for American Diplomacy. Any such revenues may
be retained as a recovery of the costs of operating the
museum, credited to any Department of State appropriation,
and shall remain available until expended.
``(b) Disposition of Documents, Artifacts, and Other
Articles.--
``(1) Property.--All historic documents, artifacts, or
other articles permanently acquired by the Department of
State and determined by the Secretary of State to be suitable
for display by the National Museum of American Diplomacy
shall be considered to be the property of the United States
Government and shall be subject to disposition solely in
accordance with this subsection.
``(2) Sale, trade, or transfer.--Whenever the Secretary of
State makes a determination described in paragraph (3) with
respect to a document, artifact, or other article under
paragraph (1), taking into account considerations such as the
museum's collections management policy and best professional
museum practices, the Secretary may sell at fair market
value, trade, or transfer such document, artifact, or other
article without regard to the requirements of subtitle I of
title 40, United States Code. The proceeds of any such sale
may be used solely for the advancement of the mission of the
National Museum of American Diplomacy and may not be used for
any purpose other than the acquisition and direct care of the
collections of the Museum.
``(3) Determinations prior to sale, trade, or transfer.--
The determination described in this paragraph with respect to
a document, artifact, or other article under paragraph (1) is
a determination that--
``(A) the document, artifact, or other article no longer
serves to further the purposes
[[Page S2891]]
of the National Museum of American Diplomacy as set forth in
the collections management policy of the Museum;
``(B) the sale, trade, or transfer of the document,
artifact, or other article would serve to maintain the
standards of the collection of the Museum; or
``(C) the sale, trade, or transfer of the document,
artifact, or other article would be in the best interests of
the United States.
``(4) Loans.--In addition to the authorization under
paragraph (2) relating to the sale, trade, or transfer of
documents, artifacts, or other articles under paragraph (1),
the Secretary of State may loan the documents, artifacts, or
other articles, when not needed for use or display by the
National Museum of American Diplomacy, to the Smithsonian
Institution or a similar institution for repair, study, or
exhibition.''.
SEC. 6705. EXTRATERRITORIAL OFFENSES COMMITTED BY UNITED
STATES NATIONALS SERVING WITH INTERNATIONAL
ORGANIZATIONS.
(a) Jurisdiction.--Whoever, while a United States national
or lawful permanent resident serving with the United Nations,
its specialized agencies, or other international organization
the Secretary has designated for purposes of this section and
published in the Federal Register, or while accompanying such
an individual, engages in conduct, or conspires or attempts
to engage in conduct, outside the United States that would
constitute an offense punishable by imprisonment for more
than one year if the conduct had been engaged in within the
special maritime and territorial jurisdiction of the United
States, shall be subject to United States jurisdiction in
order to be tried for that offense.
(b) Definitions.--In this section:
(1) Accompanying such individual.--The term ``accompanying
such individual'' means--
(A) being a dependent, or family member of a United States
national or lawful permanent resident serving with the United
Nations, its specialized agencies, or other international
organization designated under subsection (a);
(B) residing with such United States national or lawful
permanent resident serving with the United Nations, its
specialized agencies, or other international organization
designated under subsection (a); and
(C) not being a national of or ordinarily resident in the
country where the offense is committed.
(2) Serving with the united nations, its specialized
agencies, or other international organization as the
secretary of state may designate.--The term ``serving with
the United Nations, its specialized agencies, or other
international organization as the Secretary of State may
designate'' under subsection (a) means--
(A) being a United States national or lawful permanent
resident employed as an employee, a contractor (including a
subcontractor at any tier), an employee of a contractor (or a
subcontractor at any tier), an expert on mission, or an
unpaid intern or volunteer of the United Nations, including
any of its funds, programs or subsidiary bodies, or any of
the United Nations specialized agencies, or of any
international organization designated under subsection
(a)(1); and
(B) being present or residing outside the United States in
connection with such employment.
(3) United states national.--The term ``United States
national'' has the meaning given the term ``national of the
United States'' in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)).
(c) Rules of Construction.--Nothing in this section shall
be construed to limit or affect the application of
extraterritorial jurisdiction related to any other Federal
law.
SEC. 6706. EXTENSION OF CERTAIN PRIVILEGES AND IMMUNITIES TO
THE INTERNATIONAL ENERGY FORUM.
The International Organizations Immunities Act (22 U.S.C.
288 et seq.) is amended by adding at the end the following
new section:
``Sec. 20. Under such terms and conditions as the
President shall determine, the President is authorized to
extend the provisions of this subchapter to the International
Energy Forum Secretariat in the same manner, to the same
extent, and subject to the same conditions, as they may be
extended to a public international organization in which the
United States participates pursuant to any treaty or under
the authority of any Act of Congress authorizing such
participation or making an appropriation for such
participation.''.
SEC. 6707. EXTENSION OF CERTAIN PRIVILEGES AND IMMUNITIES TO
THE CONSEIL EUROPEEN POUR LA RECHERCHE
NUCLEAIRE (CERN; THE EUROPEAN ORGANIZATION FOR
NUCLEAR RESEARCH).
The International Organizations Immunities Act (22 U.S.C.
288 et seq.), as amended by section 6706, is further amended
by adding at the end the following new section:
``Sec. 21. Under such terms and conditions as the
President shall determine, the President is authorized to
extend the provisions of this title to the European
Organization for Nuclear Research (CERN) in the same manner,
to the same extent, and subject to the same conditions, as it
may be extended to a public international organization in
which the United States participates pursuant to any treaty
or under the authority of any Act of Congress authorizing
such participation or making an appropriation for such
participation.''.
SEC. 6708. INTERNSHIPS OF UNITED STATES NATIONALS AT
INTERNATIONAL ORGANIZATIONS.
(a) In General.--The Secretary of State is authorized to
bolster efforts to increase the number of United States
citizens representative of the American people occupying
positions in the United Nations system, agencies, and
commissions, and in other international organizations,
including by awarding grants to educational institutions and
students.
(b) 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 congressional committees that
identifies--
(1) the number of United States citizens who are involved
in internship programs at international organizations;
(2) the distribution of the individuals described in
paragraph (1) among various international organizations; and
(3) grants, programs, and other activities that are being
utilized to recruit and fund United States citizens to
participate in internship programs at international
organizations.
(c) Eligibility.--An individual referred to in subsection
(a) is an individual who--
(1) is enrolled at or received their degree within two
years from--
(A) an institution of higher education; or
(B) an institution of higher education based outside the
United States, as determined by the Secretary of State; and
(2) is a citizen of the United States.
(d) Authorization of Appropriations.--There is authorized
to be appropriated $1,500,000 for the Department of State for
fiscal year 2024 to carry out the grant program authorized
under subsection (a).
SEC. 6709. TRAINING FOR INTERNATIONAL ORGANIZATIONS.
(a) Training Programs.--Section 708 of the Foreign Service
Act of 1980 (22 U.S.C. 4028) is amended by adding at the end
of the following new subsection:
``(e) Training in Multilateral Diplomacy.--
``(1) In general.--The Secretary, in consultation with
other senior officials as appropriate, shall establish
training courses on--
``(A) the conduct of diplomacy at international
organizations and other multilateral institutions; and
``(B) broad-based multilateral negotiations of
international instruments.
``(2) Required training.--Members of the Service, including
appropriate chiefs of mission and other officers who are
assigned to United States missions representing the United
States to international organizations and other multilateral
institutions or who are assigned in other positions that have
as their primary responsibility formulation of policy related
to such organizations and institutions, or participation in
negotiations of international instruments, shall receive
specialized training in the areas described in paragraph (1)
prior to the beginning of service for such assignment or, if
receiving such training at that time is not practical, within
the first year of beginning such assignment.''.
(b) Training for Department Employees.--The Secretary of
State shall ensure that employees of the Department of State
who are assigned to positions described in paragraph (2) of
subsection (e) of section 708 of the Foreign Service Act of
1980 (as added by subsection (a) of this section), including
members of the civil service or general service, or who are
seconded to international organizations for a period of at
least one year, receive training described in such subsection
and participate in other such courses as the Secretary may
recommend to build or augment identifiable skills that would
be useful for such Department officials representing United
States interests at these institutions and organizations.
SEC. 6710. MODIFICATION TO TRANSPARENCY ON INTERNATIONAL
AGREEMENTS AND NON-BINDING INSTRUMENTS.
Section 112b of title 1, United States Code, as most
recently amended by section 5947 of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023
(Public Law 117-263; 136 Stat. 3476), is further amended--
(1) by redesignating subsections (h) through (l) as
subsections (i) through (m), respectively; and
(2) by inserting after subsection (g) the following:
``(h)(1) If the Secretary is aware or has reason to believe
that the requirements of subsection (a), (b), or (c) have not
been fulfilled with respect to an international agreement or
qualifying non-binding instrument, the Secretary shall--
``(A) immediately bring the matter to the attention of the
office or agency responsible for the agreement or qualifying
non-binding instrument; and
``(B) request the office or agency to provide within 7 days
the text or other information necessary to fulfill the
requirements of the relevant subsection.
``(2) Upon receiving the text or other information
requested pursuant to paragraph (1), the Secretary shall--
``(A) fulfill the requirements of subsection (a), (b), or
(c), as the case may be, with respect to the agreement or
qualifying non-binding instrument concerned--
``(i) by including such text or other information in the
next submission required by subsection (a)(1);
``(ii) by providing such information in writing to the
Majority Leader of the Senate, the Minority Leader of the
Senate, the Speaker
[[Page S2892]]
of the House of Representatives, the Minority Leader of the
House of Representatives, and the appropriate congressional
committees before provision of the submission described in
clause (i); or
``(iii) in relation to subsection (b), by making the text
of the agreement or qualifying non-binding instrument and the
information described in subparagraphs (A)(iii) and (B)(iii)
of subsection (a)(1) relating to the agreement or instrument
available to the public on the website of the Department of
State within 15 days of receiving the text or other
information requested pursuant to paragraph (1); and
``(B) provide to the Majority Leader of the Senate, the
Minority Leader of the Senate, the Speaker of the House of
Representatives, the Minority Leader of the House of
Representatives, and the appropriate congressional
committees, either in the next submission required by
subsection (a)(1) or before such submission, a written
statement explaining the reason for the delay in fulfilling
the requirements of subsection (a), (b), or (c), as the case
may be.''.
SEC. 6711. STRATEGY FOR THE EFFICIENT PROCESSING OF ALL
AFGHAN SPECIAL IMMIGRANT VISA APPLICATIONS AND
APPEALS.
Section 602 of the Afghan Allies Protection Act of 2009
(Public Law 111-8; 8 U.S.C. 1101 note) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``In this section'' and inserting ``Except
as otherwise explicitly provided, in this section''; and
(2) in subsection (b), by adding at the end the following:
``(16) Department of state strategy for efficient
processing of applications and appeals.--
``(A) In general.--Not later than 180 days after the date
of the enactment of this paragraph, the Secretary of State,
in consultation with the Secretary of Homeland Security, the
Secretary of Defense, the head of any other relevant Federal
agency, the appropriate committees of Congress, and civil
society organizations (including legal advocates), shall
develop a strategy to address applications pending at all
steps of the special immigrant visa process under this
section.
``(B) Elements.--The strategy required by subparagraph (A)
shall include the following:
``(i) A review of current staffing levels and needs across
all interagency offices and officials engaged in the special
immigrant visa process under this section.
``(ii) An analysis of the expected Chief of Mission
approvals and denials of applications in the pipeline in
order to project the expected number of visas necessary to
provide special immigrant status to all approved applicants
under this Act during the several years after the date of the
enactment of this paragraph.
``(iii) A plan for collecting and disaggregating data on--
``(I) individuals who have applied for special immigrant
visas under this section; and
``(II) individuals who have been issued visas under this
section.
``(iv) An assessment as to whether adequate guidelines
exist for reconsidering or reopening applications for special
immigrant visas under this section in appropriate
circumstances and consistent with applicable laws.
``(v) An assessment of the procedures throughout the
special immigrant visa application process, including at the
Portsmouth Consular Center, and the effectiveness of
communication between the Portsmouth Consular Center and
applicants, including an identification of any area in which
improvements to the efficiency of such procedures and
communication may be made.
``(C) Form.--The strategy required by subparagraph (A)
shall be submitted in unclassified form but may include an
classified annex.
``(D) Appropriate committees of congress defined.--In this
paragraph, the term `appropriate committees of Congress'
means--
``(i) the Committee on Foreign Relations, the Committee on
the Judiciary, the Committee on Homeland Security and
Government Affairs, and the Committee on Armed Services of
the Senate; and
``(ii) the Committee on Foreign Affairs, the Committee on
the Judiciary, the Committee on Homeland Security, and the
Committee on Armed Services of the House of
Representatives.''.
SEC. 6712. REPORT ON PARTNER FORCES UTILIZING UNITED STATES
SECURITY ASSISTANCE IDENTIFIED AS USING HUNGER
AS A WEAPON OF WAR.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States recognizes the link between armed
conflict and conflict-induced food insecurity;
(2) Congress recognizes and condemns the role of nefarious
security actors, including state and non-state armed groups,
who have utilized hunger as a weapon of war, including
through the unanimous adoption of House of Representatives
Resolution 922 and Senate Resolution 669 relating to
``[c]ondemning the use of hunger as a weapon of war and
recognizing the effect of conflict on global food security
and famine'';
(3) United Nations Security Council Resolution 2417
articulates principles that should serve as an important
framework for holding perpetrators that use hunger as a
weapon of war accountable; and
(4) the United States should use the diplomatic and
humanitarian tools at our disposal to not only fight global
hunger, mitigate the spread of conflict, and promote
critical, lifesaving assistance, but also hold perpetrators
using hunger as a weapon of war to account.
(b) Definitions.--In this paragraph:
(1) Hunger as a weapon of war.--The term ``hunger as a
weapon of war'' means--
(A) intentional starvation of civilians;
(B) intentional and reckless destruction, removal, looting,
or rendering useless objects necessary for food production
and distribution, such as farmland, markets, mills, food
processing and storage facilities, food stuffs, crops,
livestock, agricultural assets, waterways, water systems,
drinking water facilities and supplies, and irrigation
networks;
(C) undue denial of humanitarian access and deprivation of
objects indispensable to people's survival, such as food
supplies and nutrition resources; and
(D) willful interruption of market systems for populations
in need, including through the prevention of travel and
manipulation of currency exchange.
(2) Security assistance.--The term ``security assistance''
means assistance meeting the definition of ``security
assistance'' under section 502B of the Foreign Assistance Act
of 1961 (22 U.S.C. 2304).
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary, in consultation with
the Administrator of the United States Agency for
International Development, and the Secretary of Defense shall
submit a report to the appropriate congressional committees,
the Committee on Armed Services of the Senate, and the
Committee on Armed Services of the House of Representatives
regarding--
(1) United States-funded security assistance and
cooperation; and
(2) whether the governments and entities receiving such
assistance have or are currently using hunger as a weapon of
war.
(d) Elements.--The report required under subsection (c)
shall--
(1) identify countries receiving United States-funded
security assistance or participating in security programs and
activities, including in coordination with the Department of
Defense, that are currently experiencing famine-like
conditions as a result of conflict;
(2) describe the actors and actions taken by such actors in
the countries identified pursuant to paragraph (1) who are
utilizing hunger as a weapon of war; and
(3) describe any current or existing plans to continue
providing United States-funded security assistance to
recipient countries.
(e) Form.--The report required under subsection (c) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 6713. INFRASTRUCTURE PROJECTS AND INVESTMENTS BY THE
UNITED STATES AND PEOPLE'S REPUBLIC OF CHINA.
Not later than 1 year after the date of the enactment of
this Act, the Secretary, in coordination with the
Administrator of the United States Agency for International
Development, shall submit a report to the appropriate
congressional committees regarding the opportunities and
costs of infrastructure projects in Middle East, African, and
Latin American and Caribbean countries, which shall--
(1) describe the nature and total funding of United States
infrastructure investments and construction in Middle East,
African, and Latin American and Caribbean countries, and that
of United States allies and partners in the same regions;
(2) describe the nature and total funding of infrastructure
investments and construction by the People's Republic of
China in Middle East, African, and Latin American and
Caribbean countries;
(3) assess the national security threats posed by the
infrastructure investment gap between the People's Republic
of China and the United States and United States allies and
partners, including--
(A) infrastructure, such as ports;
(B) access to critical and strategic minerals;
(C) digital and telecommunication infrastructure;
(D) threats to supply chains; and
(E) general favorability towards the People's Republic of
China and the United States and United States' allies and
partners among Middle East, African, and Latin American and
Caribbean countries;
(4) assess the opportunities and challenges for companies
based in the United States to invest in infrastructure
projects in Middle East, African, and Latin American and
Caribbean countries;
(5) describe options for the United States Government to
undertake to increase support for United States businesses
engaged in large-scale infrastructure projects in Middle
East, African, and Latin American and Caribbean countries;
and
(6) identify regional infrastructure priorities, ranked
according to United States national interests, in Middle
East, African, and Latin American and Caribbean countries.
SEC. 6714. SPECIAL ENVOYS.
(a) Review.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall conduct a review
of all special envoy positions to determine--
(1) which special envoy positions are needed to accomplish
the mission of the Department;
[[Page S2893]]
(2) which special envoy positions could be absorbed into
the Department's existing bureau structure;
(3) which special envoy positions were established by an
Act of Congress; and
(4) which special envoy positions were created by the
Executive Branch without explicit congressional approval.
(b) Report.--Not later than 60 days after the completion of
the review required under subsection (a), the Secretary shall
submit a report to the appropriate congressional committees
that includes--
(1) a list of every special envoy position in the
Department;
(2) a detailed justification of the need for each special
envoy, if warranted;
(3) a list of the special envoy positions that could be
absorbed into the Department's existing bureau structure
without compromising the mission of the Department;
(4) a list of the special envoy positions that were created
by an Act of Congress; and
(5) a list of the special envoy positions that are not
expressly authorized by statute.
SEC. 6715. US-ASEAN CENTER.
(a) Defined Term.--In this section, the term ``ASEAN''
means the Association of Southeast Asian Nations.
(b) Establishment.--The Secretary is authorized to enter
into a public-private partnership for the purposes of
establishing a US-ASEAN Center in the United States to
support United States economic and cultural engagement with
Southeast Asia.
(c) Functions.--Notwithstanding any other provision of law,
the US-ASEAN Center established pursuant to subsection (b)
may--
(1) provide grants for research to support and elevate the
importance of the US-ASEAN partnership;
(2) facilitate activities to strengthen US-ASEAN trade and
investment;
(3) expand economic and technological relationships between
ASEAN countries and the United States into new areas of
cooperation;
(4) provide training to United States citizens and citizens
of ASEAN countries that improve people-to-people ties;
(5) develop educational programs to increase awareness for
the United States and ASEAN countries on the importance of
relations between the United States and ASEAN countries; and
(6) carry out other activities the Secretary considers
necessary to strengthen ties between the United States and
ASEAN countries and achieve the objectives of the US-ASEAN
Center.
SEC. 6716. REPORT ON VETTING OF STUDENTS FROM NATIONAL
DEFENSE UNIVERSITIES AND OTHER ACADEMIC
INSTITUTIONS OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary, in consultation with
the Secretary of Homeland Security, shall submit to the
appropriate congressional committees a report that includes--
(1) an evaluation of the screening process of foreign
nationals entering the United States from the People's
Republic of China who attend or have attended--
(A) a top tier university administered by the Ministry of
Industry and Information Technology of the People's Republic
of China; or
(B) an academic institution of the People's Republic of
China identified on the list required by section 1286(c)(8)
of the John S. McCain National Defense Authorization Act of
2019 (Public Law 115-232; 10 U.S.C. 2358 note);
(2) an assessment of any vulnerabilities in the screening
process, and recommendations for legal, regulatory, or other
changes or steps to address such vulnerabilities; and
(3) the number of visas approved and denied by the
Department, to the extent possible, for students from the
People's Republic of China in science, technology,
engineering, and mathematics fields, including the number of
such students who are pursuing an advanced degree or
repeating a degree in such fields over the last five years.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations, the Committee on
Homeland Security and Governmental Affairs, and the Committee
on the Judiciary of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Homeland Security, and the Committee on the Judiciary of the
House of Representatives.
SEC. 6717. BRIEFINGS ON THE UNITED STATES-EUROPEAN UNION
TRADE AND TECHNOLOGY COUNCIL.
It is the sense of Congress that the United States-European
Union Trade and Technology Council is an important forum for
the United States and in the European Union to engage on
transatlantic trade, investment, and engagement on matters
related to critical and emerging technology and that the
Department should provide regular updates to the appropriate
congressional committees on the deliverables and policy
initiatives announced at United States-European Union Trade
and Technology Council ministerials
SEC. 6718. CONGRESSIONAL OVERSIGHT, QUARTERLY REVIEW, AND
AUTHORITY RELATING TO CONCURRENCE PROVIDED BY
CHIEFS OF MISSION FOR SUPPORT OF CERTAIN
GOVERNMENT OPERATIONS.
(a) Notification Required.--Not later than 30 days after
the date on which a chief of mission concurs with providing
United States Government support to entities or individuals
engaged in facilitating or supporting United States
Government military- or security-related operations within
the area of responsibility of the chief of mission, the
Secretary shall notify the appropriate congressional
committees of such concurrence.
(b) Semiannual Review, Determination, and Briefing
Required.--Not less frequently than semiannually, the
Secretary, in order to ensure that the support described in
subsection (a) continues to align with United States foreign
policy objectives and the objectives of the Department,
shall--
(1) conduct a review of any concurrence described in
subsection (a) that is in effect;
(2) determine, based on such review, whether to revoke any
such concurrence pending further study and review; and
(3) brief the appropriate congressional committees
regarding the results of such review.
(c) Revocation of Concurrence.--If the Secretary
determines, pursuant to a review conducted under subsection
(b), that any concurrence described in subsection (a) should
be revoked, the Secretary may revoke such concurrence.
(d) Annual Report Required.--Not later than January 31 of
each year, the Secretary shall submit a report to the
appropriate congressional committees that includes--
(1) a description of any support described in subsection
(a) that was provided with the concurrence of a chief of
mission during the calendar year preceding the calendar year
in which the report is submitted; and
(2) an analysis of the effects of such support on
diplomatic lines of effort, including with respect to--
(A) nonproliferation, anti-terrorism, demining, and related
programs and associated anti-terrorism assistance programs;
(B) international narcotics control and law enforcement
programs; and
(C) foreign military sales, foreign military financing, and
associated training programs.
SEC. 6719. MODIFICATION AND REPEAL OF REPORTS.
(a) Country Reports on Human Rights Practices.--
(1) In general.--The Secretary shall examine the production
of the 2023 and subsequent annual Country Reports on Human
Rights Practices by the Assistant Secretary for Democracy,
Human Rights, and Labor as required under sections 116(d) and
502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151n(d), 2304(b)) to maximize--
(A) cost and personnel efficiencies;
(B) the potential use of data and analytic tools and
visualization; and
(C) advancement of the modernization agenda for the
Department announced by the Secretary on October 27, 2021.
(2) Transnational repression amendments to annual country
reports on human rights practices.--Section 116(d) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)) is
amended by adding at the end the following new paragraph:
``(13) Wherever applicable, a description of the nature and
extent of acts of transnational repression that occurred
during the preceding year, including identification of--
``(A) incidents in which a government harassed,
intimidated, or killed individuals outside of their
internationally recognized borders and the patterns of such
repression among repeat offenders;
``(B) countries in which such transnational repression
occurs and the role of the governments of such countries in
enabling, preventing, mitigating, and responding to such
acts;
``(C) the tactics used by the governments of countries
identified pursuant to subparagraph (A), including the
actions identified and any new techniques observed;
``(D) in the case of digital surveillance and harassment,
the type of technology or platform, including social media,
smart city technology, health tracking systems, general
surveillance technology, and data access, transfer, and
storage procedures, used by the governments of countries
identified pursuant to subparagraph (A) for such actions; and
``(E) groups and types of individuals targeted by acts of
transnational repression in each country in which such acts
occur.''.
(b) Elimination of Obsolete Reports.--
(1) Annual reports relating to funding mechanisms for
telecommunications security and semiconductors.--Division H
of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283)
is amended--
(A) in section 9202(a)(2) (47 U.S.C. 906(a)(2))--
(i) by striking subparagraph (C); and
(ii) by redesignating subparagraph (D) as subparagraph (C);
and
(B) in section 9905 (15 U.S.C. 4655)--
(i) by striking subsection (c); and
(ii) by redesignating subsection (d) as subsection (c).
(2) Reports relating to foreign assistance to counter
russian influence and media organizations controlled by
russia.--The Countering Russian Influence in Europe and
Eurasia Act of 2017 (title II of Public Law 115-44) is
amended--
(A) in section 254(e)--
(i) in paragraph (1)--
(I) by striking ``In general.--'';
(II) by redesignating subparagraphs (A), (B), and (C) as
paragraphs (1), (2), and (3), respectively, and moving such
paragraphs 2 ems to the left; and
(ii) by striking paragraph (2); and
[[Page S2894]]
(B) by striking section 255.
(3) Annual report on promoting the rule of law in the
russian federation.--Section 202 of the Russia and Moldova
Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law
Accountability Act of 2012 (Public Law 112-208) is amended by
striking subsection (a).
(4) Annual report on advancing freedom and democracy.--
Section 2121 of the Advance Democratic Values, Address
Nondemocratic Countries, and Enhance Democracy Act of 2007
(title XXI of Public Law 110-53) is amended by striking
subsection (c).
(5) Annual reports on united states-vietnam human rights
dialogue meetings.--Section 702 of the Foreign Relations
Authorization Act, Fiscal Year 2003 (22 U.S.C. 2151n note) is
repealed.
SEC. 6720. MODIFICATION OF BUILD ACT OF 2018 TO PRIORITIZE
PROJECTS THAT ADVANCE NATIONAL SECURITY.
Section 1412 of the Build Act of 2018 (22 U.S.C. 9612) is
amended by adding at the end the following subsection:
``(d) Prioritization of National Security Interests.--The
Corporation shall prioritize the provision of support under
title II in projects that advance core national security
interests of the United States with respect to the People's
Republic of China.''.
SEC. 6721. PERMITTING FOR INTERNATIONAL BRIDGES.
The International Bridge Act of 1972 (33 U.S.C. 535 et
seq.) is amended by inserting after section 5 the following:
``SEC. 6. PERMITTING FOR INTERNATIONAL BRIDGES.
``(a) Definitions.--In this section:
``(1) Eligible applicant.--The term `eligible applicant'
means an entity that has submitted an application for a
Presidential permit during the period beginning on December
1, 2020, and ending on December 31, 2024, for any of the
following:
``(A) 1 or more international bridges in Webb County,
Texas.
``(B) An international bridge in Cameron County, Texas.
``(C) An international bridge in Maverick County, Texas.
``(2) Presidential permit.--
``(A) In general.--The term `Presidential permit' means--
``(i) an approval by the President to construct, maintain,
and operate an international bridge under section 4; or
``(ii) an approval by the President to construct, maintain,
and operate an international bridge pursuant to a process
described in Executive Order 13867 (84 Fed. Reg. 15491;
relating to Issuance of Permits With Respect to Facilities
and Land Transportation Crossings at the International
Boundaries of the United States) (or any successor Executive
Order).
``(B) Inclusion.--The term `Presidential permit' includes
an amendment to an approval described in clause (i) or (ii)
of subparagraph (A).
``(3) Secretary.--The term `Secretary' means the Secretary
of State.
``(b) Application.--An eligible applicant for a
Presidential permit to construct, maintain, and operate an
international bridge shall submit an application for the
permit to the Secretary.
``(c) Recommendation.--
``(1) In general.--Not later than 60 days after the date on
which the Secretary receives an application under subsection
(b), the Secretary shall make a recommendation to the
President--
``(A) to grant the Presidential permit; or
``(B) to deny the Presidential permit.
``(2) Consideration.--The sole basis for a recommendation
under paragraph (1) shall be whether the international bridge
is in the foreign policy interests of the United States.
``(d) Presidential Action.--
``(1) In general.--The President shall grant or deny the
Presidential permit for an application under subsection (b)
by not later than 60 days after the earlier of--
``(A) the date on which the Secretary makes a
recommendation under subsection (c)(1); and
``(B) the date on which the Secretary is required to make a
recommendation under subsection (c)(1).
``(2) No action.--
``(A) In general.--Subject to subparagraph (B), if the
President does not grant or deny the Presidential permit for
an application under subsection (b) by the deadline described
in paragraph (1), the Presidential permit shall be considered
to have been granted as of that deadline.
``(B) Requirement.--As a condition on a Presidential permit
considered to be granted under subparagraph (A), the eligible
applicant shall complete all applicable environmental
documents required pursuant to Public Law 91-190 (42 U.S.C.
4321 et seq.).
``(e) Document Requirements.--Notwithstanding any other
provision of law, the Secretary shall not require an eligible
applicant for a Presidential permit--
``(1) to include in the application under subsection (b)
environmental documents prepared pursuant to Public Law 91-
190 (42 U.S.C. 4321 et seq.); or
``(2) to have completed any environmental review under
Public Law 91-190 (42 U.S.C. 4321 et seq.) prior to the
President granting a Presidential permit under subsection
(d).
``(f) Rules of Construction.--Nothing in this section--
``(1) prohibits the President from granting a Presidential
permit conditioned on the eligible applicant completing all
environmental documents pursuant to Public Law 91-190 (42
U.S.C. 4321 et seq.);
``(2) prohibits the Secretary from requesting a list of all
permits and approvals from Federal, State, and local agencies
that the eligible applicant believes are required in
connection with the international bridge, or a brief
description of how those permits and approvals will be
acquired; or
``(3) exempts an eligible applicant from the requirement to
complete all environmental documents pursuant to Public Law
91-190 (42 U.S.C. 4321 et seq.) prior to construction of an
international bridge.''.
TITLE LXVIII--COMBATING GLOBAL CORRUPTION
SEC. 6801. SHORT TITLE.
This title may be cited as the ``Combating Global
Corruption Act''.
SEC. 6802. DEFINITIONS.
In this title:
(1) Corrupt actor.--The term ``corrupt actor'' means--
(A) any foreign person or entity that is a government
official or government entity responsible for, or complicit
in, an act of corruption; and
(B) any company, in which a person or entity described in
subparagraph (A) has a significant stake, which is
responsible for, or complicit in, an act of corruption.
(2) Corruption.--The term ``corruption'' means the unlawful
exercise of entrusted public power for private gain,
including by bribery, nepotism, fraud, or embezzlement.
(3) Significant corruption.--The term ``significant
corruption'' means corruption committed at a high level of
government that has some or all of the following
characteristics:
(A) Illegitimately distorts major decision-making, such as
policy or resource determinations, or other fundamental
functions of governance.
(B) Involves economically or socially large-scale
government activities.
SEC. 6803. PUBLICATION OF TIERED RANKING LIST.
(a) In General.--The Secretary of State shall annually
publish, on a publicly accessible website, a tiered ranking
of all foreign countries.
(b) Tier 1 Countries.--A country shall be ranked as a tier
1 country in the ranking published under subsection (a) if
the government of such country is complying with the minimum
standards set forth in section 804.
(c) Tier 2 Countries.--A country shall be ranked as a tier
2 country in the ranking published under subsection (a) if
the government of such country is making efforts to comply
with the minimum standards set forth in section 804, but is
not achieving the requisite level of compliance to be ranked
as a tier 1 country.
(d) Tier 3 Countries.--A country shall be ranked as a tier
3 country in the ranking published under subsection (a) if
the government of such country is making de minimis or no
efforts to comply with the minimum standards set forth in
section 6804.
SEC. 6804. MINIMUM STANDARDS FOR THE ELIMINATION OF
CORRUPTION AND ASSESSMENT OF EFFORTS TO COMBAT
CORRUPTION.
(a) In General.--The government of a country is complying
with the minimum standards for the elimination of corruption
if the government--
(1) has enacted and implemented laws and established
government structures, policies, and practices that prohibit
corruption, including significant corruption;
(2) enforces the laws described in paragraph (1) by
punishing any person who is found, through a fair judicial
process, to have violated such laws;
(3) prescribes punishment for significant corruption that
is commensurate with the punishment prescribed for serious
crimes; and
(4) is making serious and sustained efforts to address
corruption, including through prevention.
(b) Factors for Assessing Government Efforts To Combat
Corruption.--In determining whether a government is making
serious and sustained efforts to address corruption, the
Secretary of State shall consider, to the extent relevant or
appropriate, factors such as--
(1) whether the government of the country has criminalized
corruption, investigates and prosecutes acts of corruption,
and convicts and sentences persons responsible for such acts
over which it has jurisdiction, including, as appropriate,
incarcerating individuals convicted of such acts;
(2) whether the government of the country vigorously
investigates, prosecutes, convicts, and sentences public
officials who participate in or facilitate corruption,
including nationals of the country who are deployed in
foreign military assignments, trade delegations abroad, or
other similar missions, who engage in or facilitate
significant corruption;
(3) whether the government of the country has adopted
measures to prevent corruption, such as measures to inform
and educate the public, including potential victims, about
the causes and consequences of corruption;
(4) what steps the government of the country has taken to
prohibit government officials from participating in,
facilitating, or condoning corruption, including the
investigation, prosecution, and conviction of such officials;
(5) the extent to which the country provides access, or, as
appropriate, makes adequate resources available, to civil
society organizations and other institutions to combat
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corruption, including reporting, investigating, and
monitoring;
(6) whether an independent judiciary or judicial body in
the country is responsible for, and effectively capable of,
deciding corruption cases impartially, on the basis of facts
and in accordance with the law, without any improper
restrictions, influences, inducements, pressures, threats, or
interferences (direct or indirect);
(7) whether the government of the country is assisting in
international investigations of transnational corruption
networks and in other cooperative efforts to combat
significant corruption, including, as appropriate,
cooperating with the governments of other countries to
extradite corrupt actors;
(8) whether the government of the country recognizes the
rights of victims of corruption, ensures their access to
justice, and takes steps to prevent victims from being
further victimized or persecuted by corrupt actors,
government officials, or others;
(9) whether the government of the country protects victims
of corruption or whistleblowers from reprisal due to such
persons having assisted in exposing corruption, and refrains
from other discriminatory treatment of such persons;
(10) whether the government of the country is willing and
able to recover and, as appropriate, return the proceeds of
corruption;
(11) whether the government of the country is taking steps
to implement financial transparency measures in line with the
Financial Action Task Force recommendations, including due
diligence and beneficial ownership transparency requirements;
(12) whether the government of the country is facilitating
corruption in other countries in connection with state-
directed investment, loans or grants for major
infrastructure, or other initiatives; and
(13) such other information relating to corruption as the
Secretary of State considers appropriate.
(c) Assessing Government Efforts To Combat Corruption in
Relation to Relevant International Commitments.--In
determining whether a government is making serious and
sustained efforts to address corruption, the Secretary of
State shall consider the government of a country's compliance
with the following, as relevant:
(1) The Inter-American Convention against Corruption of the
Organization of American States, done at Caracas March 29,
1996.
(2) The Convention on Combating Bribery of Foreign Public
Officials in International Business Transactions of the
Organisation of Economic Co-operation and Development, done
at Paris December 21, 1997 (commonly referred to as the
``Anti-Bribery Convention'').
(3) The United Nations Convention against Transnational
Organized Crime, done at New York November 15, 2000.
(4) The United Nations Convention against Corruption, done
at New York October 31, 2003.
(5) Such other treaties, agreements, and international
standards as the Secretary of State considers appropriate.
SEC. 6805. IMPOSITION OF SANCTIONS UNDER GLOBAL MAGNITSKY
HUMAN RIGHTS ACCOUNTABILITY ACT.
(a) In General.--The Secretary of State, in coordination
with the Secretary of the Treasury, should evaluate whether
there are foreign persons engaged in significant corruption
for the purposes of potential imposition of sanctions under
the Global Magnitsky Human Rights Accountability Act
(subtitle F of title XII of Public Law 114-328; 22 U.S.C.
2656 note)--
(1) in all countries identified as tier 3 countries under
section 6803(d); or
(2) in relation to the planning or construction or any
operation of the Nord Stream 2 pipeline.
(b) Report Required.--Not later than 180 days after
publishing the list required by section 6803(a) and annually
thereafter, the Secretary of State shall submit to the
committees specified in subsection (e) a report that
includes--
(1) a list of foreign persons with respect to which the
President imposed sanctions pursuant to the evaluation under
subsection (a);
(2) the dates on which such sanctions were imposed;
(3) the reasons for imposing such sanctions; and
(4) a list of all foreign persons that have been engaged in
significant corruption in relation to the planning,
construction, or operation of the Nord Stream 2 pipeline.
(c) Form of Report.--Each report required by subsection (b)
shall be submitted in unclassified form but may include a
classified annex.
(d) Briefing in Lieu of Report.--The Secretary of State, in
coordination with the Secretary of the Treasury, may (except
with respect to the list required by subsection (b)(4))
provide a briefing to the committees specified in subsection
(e) instead of submitting a written report required under
subsection (b), if doing so would better serve existing
United States anti-corruption efforts or the national
interests of the Untied States.
(e) Termination of Requirements Relating to Nord Stream
2.--The requirements under subsections (a)(2) and (b)(4)
shall terminate on the date that is 5 years after the date of
the enactment of this Act.
(f) Committees Specified.--The committees specified in this
subsection are--
(1) the Committee on Foreign Relations, the Committee on
Appropriations, the Committee on Banking, Housing, and Urban
Affairs, and the Committee on the Judiciary of the Senate;
and
(2) the Committee on Foreign Affairs, the Committee on
Appropriations, the Committee on Financial Services, and the
Committee on the Judiciary of the House of Representatives.
SEC. 6806. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF
CONTACT.
(a) In General.--The Secretary of State shall annually
designate an anti-corruption point of contact at the United
States diplomatic post to each country identified as tier 2
or tier 3 under section 803, or which the Secretary otherwise
determines is in need of such a point of contact. The point
of contact shall be the chief of mission or the chief of
mission's designee.
(b) Responsibilities.--Each anti-corruption point of
contact designated under subsection (a) shall be responsible
for enhancing coordination and promoting the implementation
of a whole-of-government approach among the relevant Federal
departments and agencies undertaking efforts to--
(1) promote good governance in foreign countries; and
(2) enhance the ability of such countries--
(A) to combat public corruption; and
(B) to develop and implement corruption risk assessment
tools and mitigation strategies.
(c) Training.--The Secretary of State shall implement
appropriate training for anti-corruption points of contact
designated under subsection (a).
TITLE IX--AUKUS MATTERS
SEC. 6901. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
(2) AUKUS partnership.--
(A) In general.--The term ``AUKUS partnership'' means the
enhanced trilateral security partnership between Australia,
the United Kingdom, and the United States announced in
September 2021.
(B) Pillars.--The AUKUS partnership includes the following
two pillars:
(i) Pillar One is focused on developing a pathway for
Australia to acquire conventionally armed, nuclear-powered
submarines.
(ii) Pillar Two is focused on enhancing trilateral
collaboration on advanced defense capabilities, including
hypersonic and counter hypersonic capabilities, quantum
technologies, undersea technologies, and artificial
intelligence.
(3) International traffic in arms regulations.--The term
``International Traffic in Arms Regulations'' means
subchapter M of chapter I of title 22, Code of Federal
Regulations (or successor regulations).
Subtitle A--Outlining the AUKUS Partnership
SEC. 6911. STATEMENT OF POLICY ON THE AUKUS PARTNERSHIP.
(a) Statement of Policy.--It is the policy of the United
States that--
(1) the AUKUS partnership is integral to United States
national security, increasing United States and allied
capability in the undersea domain of the Indo-Pacific, and
developing cutting edge military capabilities;
(2) the transfer of conventionally armed, nuclear-powered
submarines to Australia will position the United States and
its allies to maintain peace and security in the Indo-
Pacific;
(3) the transfer of conventionally armed, nuclear-powered
submarines to Australia will be safely implemented with the
highest nonproliferation standards in alignment with--
(A) safeguards established by the International Atomic
Energy Agency; and
(B) the Additional Protocol to the Agreement between
Australia and the International Atomic Energy Agency for the
application of safeguards in connection with the Treaty on
the Non-Proliferation of Nuclear Weapons, signed at Vienna
September 23, 1997;
(4) the United States will enter into a mutual defense
agreement with Australia, modeled on the 1958 bilateral
mutual defense agreement with the United Kingdom, for the
sole purpose of facilitating the transfer of naval nuclear
propulsion technology to Australia;
(5) working with the United Kingdom and Australia to
develop and provide joint advanced military capabilities to
promote security and stability in the Indo-Pacific will have
tangible impacts on United States military effectiveness
across the world;
(6) in order to better facilitate cooperation under Pillar
2 of the AUKUS partnership, it is imperative that every
effort be made to streamline United States export controls
consistent with necessary and reciprocal security safeguards
on United States technology at least comparable to those of
the United States;
(7) the trade authorization mechanism for the AUKUS
partnership administered by the Department is a critical
first step in reimagining the United States export control
system to carry out the AUKUS partnership and expedite
technology sharing and defense trade among the United States,
Australia, and the United Kingdom; and
[[Page S2896]]
(8) the vast majority of United States defense trade with
Australia is conducted through the Foreign Military Sales
(FMS) process, the preponderance of defense trade with the
United Kingdom is conducted through Direct Commercial Sales
(DCS), and efforts to streamline United States export
controls should focus on both Foreign Military Sales and
Direct Commercial Sales.
SEC. 6912. SENIOR ADVISOR FOR THE AUKUS PARTNERSHIP AT THE
DEPARTMENT OF STATE.
(a) In General.--There shall be a Senior Advisor for the
AUKUS partnership at the Department, who--
(1) shall report directly to the Secretary; and
(2) may not hold another position in the Department
concurrently while holding the position of Senior Advisor for
the AUKUS partnership.
(b) Duties.--The Senior Advisor shall--
(1) be responsible for coordinating efforts related to the
AUKUS partnership across the Department, including the
bureaus engaged in nonproliferation, defense trade, security
assistance, and diplomatic relations in the Indo-Pacific;
(2) serve as the lead within the Department for
implementation of the AUKUS partnership in interagency
processes, consulting with counterparts in the Department of
Defense, the Department of Commerce, the Department of
Energy, the Office of Naval Reactors, and any other relevant
agencies;
(3) lead diplomatic efforts related to the AUKUS
partnership with other governments to explain how the
partnership will enhance security and stability in the Indo-
Pacific; and
(4) consult regularly with the appropriate congressional
committees, and keep such committees fully and currently
informed, on issues related to the AUKUS partnership,
including in relation to the AUKUS Pillar 1 objective of
supporting Australia's acquisition of conventionally armed,
nuclear-powered submarines and the Pillar 2 objective of
jointly developing advanced military capabilities to support
security and stability in the Indo-Pacific, as affirmed by
the President of the United States, the Prime Minister of the
United Kingdom, and the Prime Minister of Australia on April
5, 2022.
(c) Personnel to Support the Senior Advisor.--The Secretary
shall ensure that the Senior Advisor is adequately staffed,
including through encouraging details, or assignment of
employees of the Department, with expertise related to the
implementation of the AUKUS partnership, including staff with
expertise in--
(1) nuclear policy, including nonproliferation;
(2) defense trade and security cooperation, including
security assistance; and
(3) relations with respect to political-military issues in
the Indo-Pacific and Europe.
(d) Notification.--Not later than 180 days after the date
of the enactment of this Act, and not later than 90 days
after a Senior Advisor assumes such position, the Secretary
shall notify the appropriate congressional committees of the
number of full-time equivalent positions, relevant expertise,
and duties of any employees of the Department or detailees
supporting the Senior Advisor.
(e) Sunset.--
(1) In general.--The position of the Senior Advisor for the
AUKUS partnership shall terminate on the date that is 8 years
after the date of the enactment of this Act.
(2) Renewal.--The Secretary may renew the position of the
Senior Advisor for the AUKUS partnership for 1 additional
period of 4 years, following notification to the appropriate
congressional committees of the renewal.
Subtitle B--Authorization for Submarine Transfers, Support, and
Infrastructure Improvement Activities
SEC. 6921. AUSTRALIA, UNITED KINGDOM, AND UNITED STATES
SUBMARINE SECURITY ACTIVITIES.
(a) Authorization to Transfer Submarines.--
(1) In general.--Subject to paragraphs (3), (4), and (11),
the President may, under section 21 of the Arms Export
Control Act (22 U.S.C. 2761)--
(A) transfer not more than two Virginia class submarines
from the inventory of the United States Navy to the
Government of Australia on a sale basis; and
(B) transfer not more than one additional Virginia class
submarine to the Government of Australia on a sale basis.
(2) Requirements not applicable.--A sale carried out under
paragraph (1)(B) shall not be subject to the requirements
of--
(A) section 36 of the Arms Export Control Act (22 U.S.C.
2776); or
(B) section 8677 of title 10, United States Code.
(3) Certification; briefing.--
(A) Presidential certification.--The President may exercise
the authority provided by paragraph (1) not earlier than 60
days after the date on which the President certifies to the
appropriate congressional committees that any submarine
transferred under such authority shall be used to support the
joint security interests and military operations of the
United States and Australia.
(B) Waiver of chief of naval operations certification.--The
requirement for the Chief of Naval Operations to make a
certification under section 8678 of title 10, United States
Code, shall not apply to a transfer under paragraph (1).
(C) Briefing.--Not later than 90 days before the sale of
any submarine under paragraph (1), the Secretary of the Navy
shall provide to the appropriate congressional committees a
briefing on--
(i) the impacts of such sale to the readiness of the
submarine fleet of the United States, including with respect
to maintenance timelines, deployment-to-dwell ratios,
training, exercise participation, and the ability to meet
combatant commander requirements;
(ii) the impacts of such sale to the submarine industrial
base of the United States, including with respect to
projected maintenance requirements, acquisition timelines for
spare and replacement parts, and future procurement of
Virginia class submarines for the submarine fleet of the
United States; and
(iii) other relevant topics as determined by the Secretary
of the Navy.
(4) Required mutual defense agreement.--Before any transfer
occurs under subsection (a), the United States and Australia
shall have a mutual defense agreement in place, which shall--
(A) provide a clear legal framework for the sole purpose of
Australia's acquisition of conventionally armed, nuclear-
powered submarines; and
(B) meet the highest nonproliferation standards for the
exchange of nuclear materials, technology, equipment, and
information between the United States and Australia.
(5) Subsequent sales.--A sale of a Virginia class submarine
that occurs after the sales described in paragraph (1) may
occur only if such sale is explicitly authorized in
legislation enacted after the date of the enactment of this
Act.
(6) Costs of transfer.--Any expense incurred by the United
States in connection with a transfer under paragraph (1)
shall be charged to the Government of Australia.
(7) Crediting of receipts.--Notwithstanding any provision
of law pertaining to the crediting of amounts received from a
sale under section 21 of the Arms Export Control Act (22
U.S.C. 2761), any funds received by the United States
pursuant to a transfer under paragraph (1) shall--
(A) be credited, at the discretion of the President, to--
(i) the fund or account used in incurring the original
obligation for the acquisition of submarines transferred
under paragraph (1);
(ii) an appropriate fund or account available for the
purposes for which the expenditures for the original
acquisition of submarines transferred under paragraph (1)
were made; or
(iii) any other fund or account available for the purpose
specified in paragraph (8)(B); and
(B) remain available for obligation until expended.
(8) Use of funds.--Subject to paragraphs (9) and (10), the
President may use funds received pursuant to a transfer under
paragraph (1)--
(A) for the acquisition of submarines to replace the
submarines transferred to the Government of Australia; or
(B) for improvements to the submarine industrial base of
the United States.
(9) Plan for use of funds.--Before any use of any funds
received pursuant to a transfer under paragraph (1), the
President shall submit to the appropriate congressional
committees, the Committee on Appropriations of the Senate,
and the Committee on Appropriations of the House of
Representatives a plan detailing how such funds will be used,
including specific amounts and purposes.
(10) Notification and report.--
(A) Notification.--Not later than 30 days after the date of
any transfer under paragraph (1), and upon any transfer or
depositing of funds received pursuant to such a transfer, the
President shall notify the appropriate congressional
committees, the Committee on Appropriations of the Senate,
and the Committee on Appropriations of the House of
Representatives of--
(i) the amount of funds received pursuant to the transfer;
and
(ii) the specific account or fund into which the funds
described in clause (i) are deposited.
(B) Annual report.--Not later than November 30 of each year
until 1 year after the date on which all funds received
pursuant to transfers under paragraph (1) have been fully
expended, the President shall submit to the committees
described in subparagraph (A) a report that includes an
accounting of how funds received pursuant to transfers under
paragraph (1) were used in the fiscal year preceding the
fiscal year in which the report is submitted.
(11) Applicability of existing law to transfer of special
nuclear material and utilization facilities for military
applications.--
(A) In general.--With respect to any special nuclear
material for use in utilization facilities or any portion of
a submarine transferred under paragraph (1) constituting
utilization facilities for military applications under
section 91 of the Atomic Energy Act of 1954 (42 U.S.C. 2121),
transfer of such material or such facilities shall occur only
in accordance with such section 91.
(B) Use of funds.--The President may use proceeds from a
transfer described in subparagraph (A) for the acquisition of
submarine naval nuclear propulsion plants and nuclear fuel to
replace propulsion plants and fuel transferred to the
Government of Australia.
[[Page S2897]]
(b) Repair and Refurbishment of AUKUS Submarines.--Section
8680 of title 10, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Repair and Refurbishment of Certain Submarines.--
``(1) Shipyard.--Notwithstanding any other provision of
this section, the President shall--
``(A) determine the appropriate shipyard in the United
States, Australia, or the United Kingdom to perform any
repair or refurbishment of a United States submarine involved
in submarine security activities between the United States,
Australia, and the United Kingdom; and
``(B) in making a determination under subparagraph (A) with
respect whether a shipyard is appropriate, consider the
significance of the shipyard to strategically important areas
of operations.
``(2) Personnel.--Repair or refurbishment described in
paragraph (1)(A) may be carried out by personnel of the
United States, the United Kingdom, or Australia in accordance
with the international arrangements governing the submarine
security activities described in such paragraph.''.
SEC. 6922. ACCEPTANCE OF CONTRIBUTIONS FOR AUSTRALIA, UNITED
KINGDOM, AND UNITED STATES SUBMARINE SECURITY
ACTIVITIES; AUKUS SUBMARINE SECURITY ACTIVITIES
ACCOUNT.
(a) Acceptance Authority.--The President may accept from
the Government of Australia contributions of money made by
the Government of Australia for use by the Department of
Defense in support of non-nuclear related aspects of
submarine security activities between Australia, the United
Kingdom, and the United States (AUKUS).
(b) Establishment of AUKUS Submarine Security Activities
Account.--
(1) In general.--There is established in the Treasury of
the United States a special account to be known as the
``AUKUS Submarine Security Activities Account''.
(2) Crediting of contributions of money.--Contributions of
money accepted by the President under subsection (a) shall be
credited to the AUKUS Submarine Security Activities Account.
(3) Availability.--Amounts credited to the AUKUS Submarine
Security Activities Account shall remain available until
expended.
(c) Use of AUKUS Submarine Security Activities Account.--
(1) In general.--Subject to paragraph (2), the President
may use funds in the AUKUS Submarine Security Activities
Account--
(A) for any purpose authorized by law that the President
determines would support submarine security activities
between Australia, the United Kingdom, and the United States;
(B) to carry out a military construction project related to
the AUKUS partnership that is not otherwise authorized by
law;
(C) to develop and increase the submarine industrial base
workforce by investing in recruiting, training, and retaining
key specialized labor at public and private shipyards; or
(D) to upgrade facilities, equipment, and infrastructure
needed to repair and maintain submarines at public and
private shipyards .
(2) Plan for use of funds.--Before any use of any funds in
the AUKUS Submarine Security Activities Account, the
President shall submit to the appropriate congressional
committees, the Committee on Appropriations of the Senate,
and the Committee on Appropriations of the House of
Representatives a plan detailing--
(A) the amount of funds in the AUKUS Submarine Security
Activities Account; and
(B) how such funds will be used, including specific amounts
and purposes.
(d) Transfers of Funds.--
(1) In general.--In carrying out subsection (c) and subject
to paragraphs (2) and (5), the President may transfer funds
available in the AUKUS Submarine Security Activities Account
to an account or fund available to the Department of Defense
or any other appropriate agency.
(2) Department of energy.--In carrying out subsection (c),
and in accordance with the Atomic Energy Act of 1954 (42
U.S.C. 2011 et seq.), the President may transfer funds
available in the AUKUS Submarine Security Activities Account
to an account or fund available to the Department of Energy
to carry out activities related to submarine security
activities between Australia, the United Kingdom, and the
United States.
(3) Availability for obligation.--Funds transferred under
this subsection shall be available for obligation for the
same time period and for the same purpose as the account or
fund to which transferred.
(4) Transfer back to account.--Upon a determination by the
President that all or part of the funds transferred from the
AUKUS Submarine Security Activities Account are not necessary
for the purposes for which such funds were transferred, and
subject to paragraph (5), all or such part of such funds
shall be transferred back to the AUKUS Submarine Security
Activities Account.
(5) Notification and report.--
(A) Notification.--The President shall notify the
appropriate congressional committees, the Committee on
Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives of--
(i) before the transfer of any funds under this
subsection--
(I) the amount of funds to be transferred; and
(II) the planned or anticipated purpose of such funds; and
(ii) before the obligation of any funds transferred under
this subsection--
(I) the amount of funds to be obligated; and
(II) the purpose of the obligation.
(B) Annual report.--Not later than November 30 of each year
until 1 year after the date on which all funds transferred
under this subsection have been fully expended, the President
shall submit to the committees described in subparagraph (A)
a report that includes a detailed accounting of--
(i) the amount of funds transferred under this subsection
during the fiscal year preceding the fiscal year in which the
report is submitted; and
(ii) the purposes for which such funds were used.
(e) Investment of Money.--
(1) Authorized investments.--The President may invest money
in the AUKUS Submarine Security Activities Account in
securities of the United States or in securities guaranteed
as to principal and interest by the United States.
(2) Interest and other income.--Any interest or other
income that accrues from investment in securities referred to
in paragraph (1) shall be deposited to the credit of the
AUKUS Submarine Security Activities Account.
(f) Relationship to Other Laws.--The authority to accept or
transfer funds under this section is in addition to any other
authority to accept or transfer funds.
SEC. 6923. AUSTRALIA, UNITED KINGDOM, AND UNITED STATES
SUBMARINE SECURITY TRAINING.
(a) In General.--The President may transfer or export
directly to private individuals in Australia defense services
that may be transferred to the Government of Australia under
the Arms Export Control Act (22 U.S.C. 2751 et seq.) to
support the development of the submarine industrial base of
Australia necessary for submarine security activities between
Australia, the United Kingdom, and the United States,
including if such individuals are not officers, employees, or
agents of the Government of Australia.
(b) Security Controls.--
(1) In general.--Any defense service transferred or
exported under subsection (a) shall be subject to appropriate
security controls to ensure that any sensitive information
conveyed by such transfer or export is protected from
disclosure to persons unauthorized by the United States to
receive such information.
(2) Certification.--Not later than 30 days before the first
transfer or export of a defense service under subsection (a),
and annually thereafter, the President shall certify to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
that the controls described in paragraph (1) will protect the
information described in such paragraph for the defense
services so transferred or exported.
(c) Application of Requirements for Retransfer and
Reexport.--Any person who receives any defense service
transferred or exported under subsection (a) may retransfer
or reexport such service to other persons only in accordance
with the requirements of the Arms Export Control Act (22
U.S.C. 2751 et seq.).
Subtitle C--Streamlining and Protecting Transfers of United States
Military Technology From Compromise
SEC. 6931. PRIORITY FOR AUSTRALIA AND THE UNITED KINGDOM IN
FOREIGN MILITARY SALES AND DIRECT COMMERCIAL
SALES.
(a) In General.--The President shall institute policies and
procedures for letters of request from Australia and the
United Kingdom to transfer defense articles and services
under section 21 of the Arms Export Control Act (22 U.S.C.
2761) related to the AUKUS partnership to receive expedited
consideration and processing relative to all other letters of
request other than from Taiwan and Ukraine.
(b) Technology Transfer Policy for Australia, Canada, and
the United Kingdom.--
(1) In general.--The Secretary, in consultation with the
Secretary of Defense, shall create an anticipatory release
policy for the transfer of technologies described in
paragraph (2) to Australia, the United Kingdom, and Canada
through Foreign Military Sales and Direct Commercial Sales
that are not covered by an exemption under the International
Traffic in Arms Regulations.
(2) Capabilities described.--The capabilities described in
this paragraph are--
(A) Pillar One-related technologies associated with
submarine and associated combat systems; and
(B) Pillar Two-related technologies, including hypersonic
missiles, cyber capabilities, artificial intelligence,
quantum technologies, undersea capabilities, and other
advanced technologies.
(3) Expedited decision-making.--Review of a transfer under
the policy established under paragraph (1) shall be subject
to an expedited decision-making process.
(c) Interagency Policy and Guidance.--The Secretary and the
Secretary of Defense shall jointly review and update
interagency policies and implementation guidance related to
requests for Foreign Military Sales and Direct Commercial
Sales, including by incorporating the anticipatory release
provisions of this section.
[[Page S2898]]
SEC. 6932. IDENTIFICATION AND PRE-CLEARANCE OF PLATFORMS,
TECHNOLOGIES, AND EQUIPMENT FOR SALE TO
AUSTRALIA AND THE UNITED KINGDOM THROUGH
FOREIGN MILITARY SALES AND DIRECT COMMERCIAL
SALES.
Not later than 90 days after the date of the enactment of
this Act, and on a biennial basis thereafter for 8 years, the
President shall submit to the Committee on Foreign Relations
of the Senate and the Committee on Foreign Affairs of the
House of Representatives a report that includes a list of
advanced military platforms, technologies, and equipment that
are pre-cleared and prioritized for sale and release to
Australia, the United Kingdom and Canada through the Foreign
Military Sales and Direct Commercial Sales programs without
regard to whether a letter of request or license to purchase
such platforms, technologies, or equipment has been received
from any of such country. Each list may include items that
are not related to the AUKUS partnership but may not include
items that are not covered by an exemption under the
International Traffic in Arms Regulations.
SEC. 6933. EXPORT CONTROL EXEMPTIONS AND STANDARDS.
(a) In General.--Section 38 of the Arms Export Control Act
of 1976 (22 U.S.C. 2778) is amended by adding at the end the
following new subsection:
``(l) AUKUS Defense Trade Cooperation.--
``(1) Exemption from licensing and approval requirements.--
Subject to paragraph (2) and notwithstanding any other
provision of this section, the Secretary of State may exempt
from the licensing or other approval requirements of this
section exports and transfers (including reexports,
retransfers, temporary imports, and brokering activities) of
defense articles and defense services between or among the
United States, the United Kingdom, and Australia that--
``(A) are not excluded by those countries;
``(B) are not referred to in subsection(j)(1)(C)(ii); and
``(C) involve only persons or entities that are approved
by--
``(i) the Secretary of State; and
``(ii) the Ministry of Defense, the Ministry of Foreign
Affairs, or other similar authority within those countries.
``(2) Limitation.--The authority provided in subparagraph
(1) shall not apply to any activity, including exports,
transfers, reexports, retransfers, temporary imports, or
brokering, of United States defense articles and defense
services involving any country or a person or entity of any
country other than the United States, the United Kingdom, and
Australia.''.
(b) Required Standards of Export Controls.--The Secretary
may only exercise the authority under subsection (l)(1) of
section 38 of the Arms Export Control Act of 1976, as added
by subsection (a) of this section, with respect to the United
Kingdom or Australia 30 days after the Secretary submits to
the appropriate congressional committees an unclassified
certification and detailed unclassified assessment (which may
include a classified annex) that the country concerned has
implemented standards for a system of export controls that
satisfies the elements of section 38(j)(2) of the Arms Export
Control Act (22 U.S.C. 2778(j)(2)) for United States-origin
defense articles and defense services, and for controlling
the provision of military training, that are comparable to
those standards administered by the United States in effect
on the date of the enactment of this Act.
(c) Certain Requirements Not Applicable.--
(1) In general.--Paragraphs (1), (2), and (3) of section
3(d) of the Arms Export Control Act (22 U.S.C. 2753(d)) shall
not apply to any export or transfer that is the subject of an
exemption under subsection (l)(1) of section 38 of the Arms
Export Control Act of 1976, as added by subsection (a) of
this section.
(2) Quarterly reports.--The Secretary shall--
(A) require all exports and transfers that would be subject
to the requirements of paragraphs (1), (2), and (3) of
section 3(d) of the Arms Export Control Act (22 U.S.C.
2753(d)) but for the application of subsection (l)(1) of
section 38 of the Arms Export Control Act of 1976, as added
by subsection (a) of this section, to be reported to the
Secretary; and
(B) submit such reports to the Committee on Foreign
Relations of the Senate and Committee on Foreign Affairs of
the House of Representatives on a quarterly basis.
(d) Sunset.--Any exemption under subsection (l)(1) of
section 38 of the Arms Export Control Act of 1976, as added
by subsection (a) of this section, shall terminate on the
date that is 15 years after the date of the enactment of this
Act. The Secretary of State may renew such exemption for 5
years upon a certification to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives that such exemption is in the
vital national interest of the United States with a detailed
justification for such certification.
(e) Reports.--
(1) Annual report.--
(A) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter until no
exemptions under subsection (l)(1) of section 38 of the Arms
Export Control Act of 1976, as added by subsection (a) of
this section, remain in effect, the Secretary shall submit to
the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
a report on the operation of exemptions issued under such
subsection (l)(1), including whether any changes to such
exemptions are likely to be made in the coming year.
(B) Initial report.--The first report submitted under
subparagraph (A) shall also include an assessment of key
recommendations the United States Government has provided to
the Governments of Australia and the United Kingdom to revise
laws, regulations, and policies of such countries that are
required to implement the AUKUS partnership.
(2) Report on expedited review of export licenses for
exports of advanced technologies.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
State, in coordination with the Secretary of Defense, shall
report on the practical application of a possible ``fast
track'' decision-making process for applications, classified
or unclassified, to export defense articles and defense
services to Australia, the United Kingdom, and Canada.
SEC. 6934. EXPEDITED REVIEW OF EXPORT LICENSES FOR EXPORTS OF
ADVANCED TECHNOLOGIES TO AUSTRALIA, THE UNITED
KINGDOM, AND CANADA.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary, in coordination
with the Secretary of Defense, shall initiate a rulemaking to
establish an expedited decision-making process, classified or
unclassified, for applications to export to Australia, the
United Kingdom, and Canada commercial, advanced-technology
defense articles and defense services that are not covered by
an exemption under the International Traffic in Arms
Regulations.
(b) Eligibility.--To qualify for the expedited decision-
making process described in subsection (a), an application
shall be for an export of defense articles or defense
services that will take place wholly within or between the
physical territory of Australia, Canada, or the United
Kingdom and the United States and with governments or
corporate entities from such countries.
(c) Availability of Expedited Process.--The expedited
decision-making process described in subsection (a) shall be
available for both classified and unclassified items, and the
process must satisfy the following criteria to the extent
practicable:
(1) Any licensing application to export defense articles
and services that is related to a government to government
AUKUS agreement must be approved, returned, or denied withing
30 days of submission.
(2) For all other licensing requests, any review shall be
completed not later than 45 calendar days after the date of
application.
SEC. 6935. UNITED STATES MUNITIONS LIST.
(a) Exemption for the Governments of the United Kingdom and
Australia From Certification and Congressional Notification
Requirements Applicable to Certain Transfers.--Section
38(f)(3) of the Arms Export Control Act (22 U.S.C.
2778(f)(3)) is amended by inserting ``, the United Kingdom,
or Australia'' after ``Canada''.
(b) United States Munitions List Periodic Reviews.--
(1) In general.--The Secretary, acting through authority
delegated by the President to carry out periodic reviews of
items on the United States Munitions List under section 38(f)
of the Arms Export Control Act (22 U.S.C. 2778(f)) and in
coordination with the Secretary of Defense, the Secretary of
Energy, the Secretary of Commerce, and the Director of the
Office of Management and Budget, shall carry out such reviews
not less frequently than every 3 years.
(2) Scope.--The periodic reviews described in paragraph (1)
shall focus on matters including--
(A) interagency resources to address current threats faced
by the United States;
(B) the evolving technological and economic landscape;
(C) the widespread availability of certain technologies and
items on the United States Munitions List; and
(D) risks of misuse of United States-origin defense
articles.
(3) Consultation.--The Department of State may consult with
the Defense Trade Advisory Group (DTAG) and other interested
parties in conducting the periodic review described in
paragraph (1).
Subtitle D--Other AUKUS Matters
SEC. 6941. REPORTING RELATED TO THE AUKUS PARTNERSHIP.
(a) Report on Instruments.--
(1) In general.--Not later than 30 days after the
signature, conclusion, or other finalization of any non-
binding instrument related to the AUKUS partnership, the
President shall submit to the appropriate congressional
committees the text of such instrument.
(2) Non-duplication of efforts; rule of construction.--To
the extent the text of a non-binding instrument is submitted
to the appropriate congressional committees pursuant to
subsection (a), such text does not need to be submitted to
Congress pursuant to section 112b(a)(1)(A)(ii) of title 1,
United States Code, as amended by section 5947 of the James
M. Inhofe National Defense Authorization Act for Fiscal Year
2023 (Public Law 117-263; 136 Stat. 3476). Paragraph (1)
shall not be construed to relieve the executive branch of any
other requirement of section 112b of title 1, United States
Code, as amended so amended, or any other provision of law.
(3) Definitions.--In this section:
[[Page S2899]]
(A) In general.--The term ``text'', with respect to a non-
binding instrument, includes--
(i) any annex, appendix, codicil, side agreement, side
letter, or any document of similar purpose or function to the
aforementioned, regardless of the title of the document, that
is entered into contemporaneously and in conjunction with the
non-binding instrument; and
(ii) any implementing agreement or arrangement, or any
document of similar purpose or function to the
aforementioned, regardless of the title of the document, that
is entered into contemporaneously and in conjunction with the
non-binding instrument.
(B) Contemporaneously and in conjunction with.--As used in
subparagraph (A), the term ``contemporaneously and in
conjunction with''--
(i) shall be construed liberally; and
(ii) may not be interpreted to require any action to have
occurred simultaneously or on the same day.
(b) Report on AUKUS Partnership.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and biennially thereafter, the
Secretary, in coordination with the Secretary of Defense and
other appropriate heads of agencies, shall submit to the
appropriate congressional committees a report on the AUKUS
partnership.
(2) Elements.--Each report required under paragraph (1)
shall include the following elements:
(A) Strategy.--
(i) An identification of the defensive military capability
gaps and capacity shortfalls that the AUKUS partnership seeks
to offset.
(ii) An explanation of the total cost to the United States
associated with Pillar One of the AUKUS partnership.
(iii) A detailed explanation of how enhanced access to the
industrial base of Australia is contributing to strengthening
the United States strategic position in Asia.
(iv) A detailed explanation of the military and strategic
benefit provided by the improved access provided by naval
bases of Australia.
(v) A detailed assessment of how Australia's sovereign
conventionally armed nuclear attack submarines contribute to
United States defense and deterrence objectives in the Indo-
Pacific region.
(B) Implement the aukus partnership.--
(i) Progress made on achieving the Optimal Pathway
established for Australia's development of conventionally
armed, nuclear-powered submarines, including the following
elements:
(I) A description of progress made by Australia, the United
Kingdom, and the United States to conclude an Article 14
arrangement with the International Atomic Energy Agency.
(II) A description of the status of efforts of Australia,
the United Kingdom, and the United States to build the
supporting infrastructure to base conventionally armed,
nuclear-powered attack submarines.
(III) Updates on the efforts by Australia, the United
Kingdom, and the United States to train a workforce that can
build, sustain, and operate conventionally armed, nuclear-
powered attack submarines.
(IV) A description of progress in establishing submarine
support facilities capable of hosting rotational forces in
western Australia by 2027.
(V) A description of progress made in improving United
States submarine production capabilities that will enable the
United States to meet--
(aa) its objectives of providing up to five Virginia Class
submarines to Australia by the early to mid-2030's; and
(bb) United States submarine production requirements.
(ii) Progress made on Pillar Two of the AUKUS partnership,
including the following elements:
(I) An assessment of the efforts of Australia, the United
Kingdom, and the United States to enhance collaboration
across the following eight trilateral lines of effort:
(aa) Underseas capabilities.
(bb) Quantum technologies.
(cc) Artificial intelligence and autonomy.
(dd) Advanced cyber capabilities.
(ee) Hypersonic and counter-hypersonic capabilities.
(ff) Electronic warfare.
(gg) Innovation.
(hh) Information sharing.
(II) An assessment of any new lines of effort established.
SEC. 6942. REPORT ON DEFENSE COOPERATION AND EXPORT
REGULATION.
Not later than 180 days after the date of the enactment of
this Act, the Secretary, in consultation with the Secretary
of Defense and the Secretary of Commerce, shall submit to the
appropriate congressional committees a report on--
(1) defense cooperation and export regulations with respect
to implementation of the AUKUS partnership; and
(2) what improvements to the implementation of the AUKUS
partnership can be achieved using existing authorities.
SEC. 6943. REPORT ON PROTECTION OF SENSITIVE INFORMATION AND
TECHNOLOGY.
Not later than 90 days after the date of the enactment of
this Act, the Secretary, in consultation with the Secretary
of Defense and the Director of National Intelligence, shall
submit to the appropriate congressional committees a report,
which may be in classified form, that includes the following
elements:
(1) An assessment of the current abilities of the United
States, Australia, and the United Kingdom to protect the
transfer of sensitive information and technology.
(2) An itemization of steps necessary for the United
States, Australia, and the United Kingdom to improve their
abilities to protect the transfer of sensitive information
and technology.
SEC. 6944. REPORT ON THE UNITED STATES SUBMARINE INDUSTRIAL
BASE.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a report on the United
States submarine industrial base.
(b) Elements.--The report required under subsection (a)
shall include the following elements:
(1) An assessment of which individual or office within the
United States Government should provide certification of
whether the transfer of future Virginia class submarines per
the precepts of the AUKUS partnership impacts the readiness
of the United States Navy.
(2) Recommendations for how the United States submarine
industrial base should best invest its financial and
workforce resources in support of the AUKUS partnership,
including--
(A) how new members of an expanded submarine industrial
base workforce would be best employed in current public and
private shipyards;
(B) a description of foreign educational exchange and
workforce development programs, either existing or that
should be developed, that would facilitate the collaboration
and training requirements necessary for the implementation of
the AUKUS partnership;
(C) a description of potential barriers to workforce
collaboration, including, if appropriate, an assessment of
visa or other travel documentation requirements, both for
United States citizens working in the other partner nations
and for citizens of the United Kingdom and Australia working
in the United States on projects related to the AUKUS
partnership; and
(D) whether the expanded capacity required by the
implementation of the AUKUS partnership warrants the
development of an additional shipyard within the United
States.
(3) A description of other topics relevant to the effective
implementation of the AUKUS partnership, at the discretion of
the President.
SEC. 6945. REPORT ON NAVY SUBMARINE REQUIREMENTS.
Not later than 90 days after the date of the enactment of
this Act, the President shall submit to the appropriate
congressional committees a report on--
(1) the certification requirements for the Australian
military and the future Australian civilian nuclear workforce
to ensure stewardship of nuclear-powered submarines; and
(2) the impact of the implementation of the AUKUS
partnership on the United States Navy's ability to meet its
own submarine shipbuilding requirements.
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