Library / Laws / 118th / s / S. 2043 / Introduced in Senate
II
118th CONGRESS
1st Session
S. 2043
IN THE SENATE OF THE UNITED STATES
June 15, 2023Mr. Menendez (for himself and Mr. Risch) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations
A BILL
To provide for certain authorities of the Department of State, and for other purposes.
1.
Short title; table of contents
(a)
Short title
This Act may be cited as the Department of State Authorization Act of 2023.
(b)
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.Sec. 2. Definitions.TITLE I—Diplomatic security and consular affairsSec. 101. Passport fee expenditure authority extension.Sec. 102. Special hiring authority for passport services.Sec. 103. Quarterly report on passport wait times.Sec. 104. Passport travel advisories.Sec. 105. Increased accountability in assignment restrictions and reviews.Sec. 106. Suitability reviews for Foreign Service Institute instructors.Sec. 107. Diplomatic security fellowship programs.TITLE II—Personnel mattersSubtitle A—Hiring, promotion, and developmentSec. 201. Adjustment to promotion precepts.Sec. 202. Hiring authorities.Sec. 203. Extending paths to service for paid student interns.Sec. 204. Lateral Entry Program.Sec. 205. Mid-Career Mentoring Program.Sec. 206. Consideration of career civil servants as chiefs of missions.Sec. 207. Civil service rotational program.Sec. 208. Reporting requirement on chiefs of mission.Sec. 209. Report on chiefs of mission and deputy chiefs of mission.Sec. 210. Protection of retirement annuity for reemployment by Department.Sec. 211. Enhanced vetting for senior diplomatic posts.Sec. 212. Efforts to improve retention and prevent retaliation.Subtitle B—Pay, benefits, and workforce mattersSec. 221. Education allowance.Sec. 222. Per diem allowance for newly hired members of the Foreign Service.Sec. 223. Improving mental health services for foreign and civil servants.Sec. 224. Emergency back-up care.Sec. 225. Authority to provide services to non-chief of mission personnel.Sec. 226. Exception for government-financed air transportation.Sec. 227. Enhanced authorities to protect locally employed staff during emergencies.Sec. 228. Internet at hardship posts.Sec. 229. Competitive local compensation plan.Sec. 230. Supporting tandem couples in the Foreign Service.Sec. 231. Accessibility at diplomatic missions.TITLE III—Information security and cyber diplomacySec. 301. Data-informed diplomacy.Sec. 302. Establishment and expansion of the Bureau Chief Data Officer Program.Sec. 303. Task force to address artificial intelligence-enabled influence operations.Sec. 304. Establishment of the Chief Artificial Intelligence Officer of the Department of State.Sec. 305. Strengthening the Chief Information Officer of the Department of State.Sec. 306. Sense of Congress on strengthening enterprise governance.Sec. 307. Digital connectivity and cybersecurity partnership.Sec. 308. Establishment of a cyberspace, digital connectivity, and related technologies (CDT) fund.TITLE IV—Organization and operationsSec. 401. Personal services contractors.Sec. 402. Hard-to-fill posts.Sec. 403. Enhanced oversight of the Office of Civil Rights.Sec. 404. Crisis response operations.TITLE V—Economic diplomacySec. 501. Duties of officers performing economic functions.Sec. 502. Report on recruitment, retention, and promotion of Foreign Service economic officers.Sec. 503. Mandate to revise Department of State metrics for successful economic and commercial diplomacy.Sec. 504. Chief of mission economic responsibilities.Sec. 505. Direction to embassy deal teams.Sec. 506. Establishment of a Deal Team of the Year award.TITLE VI—Public diplomacySec. 601. National advertising campaign.Sec. 602. Public diplomacy outreach.Sec. 603. Modification on use of funds for Radio Free Europe/Radio Liberty.Sec. 604. International broadcasting.Sec. 605. John Lewis Civil Rights Fellowship program.Sec. 606. Domestic engagement and public diplomacy.Sec. 607. Extension of Global Engagement Center.Sec. 608. Paperwork Reduction Act.Sec. 609. Expansion of Diplomats in Residence Programs.TITLE VII—Other mattersSec. 701. Expanding the use of DDTC licensing fees.Sec. 702. Waiver authority related to prohibition on certain semiconductor products and services.Sec. 703. Prohibition on entry of officials of foreign governments involved in significant corruption or gross violations of human rights.Sec. 704. Protection of cultural heritage during crises.Sec. 705. National Museum of American Diplomacy.Sec. 706. Extraterritorial offenses committed by United States nationals serving with international organizations.Sec. 707. Extension of certain privileges and immunities to the international energy forum.Sec. 708. Extension of certain privileges and immunities to the Conseil Européen pour la recherche nucléaire (CERN; the European Organization for Nuclear Research).Sec. 709. Internships of United States nationals at international organizations.Sec. 710. Training for international organizations.Sec. 711. Modification to transparency on international agreements and non-binding instruments.Sec. 712. Congressional oversight, quarterly review, and authority relating to concurrence provided by chiefs of mission for support of certain Government operations.Sec. 713. Modification and repeal of reports.
2.
Definitions
In this Act:
(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.
I
Diplomatic security and consular affairs
101.
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 to modernize consular systems, with an emphasis on passport and citizenship services.
102.
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.
103.
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; and
(4) how the Department details its staff and resources to passport services programs.
104.
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 passports, on the first two 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.
105.
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 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
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. 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 60 days of an appeal being filed.
(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.
106.
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.
107.
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
(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.
II
Personnel matters
A
Hiring, promotion, and development
201.
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 (5), (6), and (7), 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.
.
202.
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.
203.
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.
204.
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.
.
205.
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.
(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.
206.
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
(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.
.
207.
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.
208.
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;
(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; and
(3) a list of any country other than the country of assignment in which a chief of mission or United States representative overseas with the rank of Ambassador has spent more than 14 days during the previous quarter.
209.
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.
210.
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.).
211.
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 promotions 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, Office of Global Talent Management, and other offices with responsibilities related to the investigation 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 promotions (the D Committee) prior to such Committee rendering a recommendation for promotion.
(c)
Response
The Secretary shall develop a process for candidates to respond to any allegations that are substantiated and presented to the D Committee.
(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.
212.
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)
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.
(3)
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.
B
Pay, benefits, and workforce matters
221.
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:
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
.
222.
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.
223.
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).
224.
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.
225.
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.
.
226.
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—
(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.
227.
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
No later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees 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 4 years, including Kyiv, Kabul, Minsk, and Khartoum.
(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.
228.
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.
.
229.
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.
230.
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 Officers.
(2)
Tandem foreign service officer; 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 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, the Secretary shall submit to the appropriate congressional committees a report that includes—
(1) the number of Foreign Service tandem couples currently serving; and
(2) an estimate of the cost savings that would result if all Foreign Service tandem couples were placed at a single post.
231.
Accessibility at diplomatic missions
Not later than 180 days after the date of the enactment of this Act, the Department shall submit a report to the appropriate congressional committees 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.
III
Information security and cyber diplomacy
301.
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.
302.
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 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).
303.
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-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.
304.
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 improve policy, 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).
.
305.
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 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.
306.
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.
307.
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;
(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.
308.
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:
10
Cyberspace, digital connectivity, and related technologies (CDT) fund
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.
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 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.
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).
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.
.
IV
Organization and operations
401.
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 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.
(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 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 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.
402.
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 are far too high and present a national security risk to the United States; and
(2) if the Department is unable to incentivize officers to accept hard-to-fill positions, the Department should consider directed assignments 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 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.
403.
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 Under Secretary of Management 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, including—
(1) whether OCR should report directly to someone other than the Secretary, such as the Under Secretary of Management;
(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.
404.
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
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit an update to the appropriate congressional committees outlining the steps taken to implement this section, along with any other recommendations to improve the Department’s crisis management and response operations.
V
Economic diplomacy
501.
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:
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 economic officers 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—
(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, and 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, and investment 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.
.
502.
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) 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; and
(5) 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.
503.
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 180 days after the date of the enactment of this Act, 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).
504.
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
(iv) providing recommendations for responding to developments that may adversely affect United States economic and commercial interests.
.
505.
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, including 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.
506.
Establishment of a Deal Team of the Year award
(a)
Establishment
The Secretary shall annually present a new award, to be known as the Deal Team of the Year Award to the deal team at one United States mission in each region of the Department 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—
(A) is signed by the Secretary; and
(B)
(i) in the case of a member of the Foreign Service, is included in the next employee evaluation report; or
(ii) 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.
VI
Public diplomacy
601.
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.
602.
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.
603.
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.
604.
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.
(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.
605.
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:
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.
.
606.
Domestic engagement and public diplomacy
(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 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.
607.
Extension of Global Engagement Center
Section 1287 of the National Defense Authorization Act for Fiscal Year 2017 (22 U.S.C. 2656 note) is amended by striking subsection (j).
608.
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).
.
609.
Expansion of Diplomats in Residence Programs
(a) Not later than two year 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 seventeen to at least twenty; 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 one to at least three.
VII
Other matters
701.
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.
.
702.
Waiver authority related to prohibition on certain semiconductor products and services
Section 5949(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended—
(1) by redesignating paragraphs (3) through (7) as paragraphs (4) through (8), respectively; and
(2) by inserting after paragraph (2) the following new paragraph:
(3)
Secretary of State
The Secretary of State may provide a waiver on a date later than the effective date described in subsection (c) if the Secretary determines the waiver is in the critical national security interests of the United States.
.
703.
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.
704.
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.
705.
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:
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 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.
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706.
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.
707.
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:
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.
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708.
Extension of certain privileges and immunities to the Conseil Européen pour la recherche nucléaire (CERN; the European Organization for Nuclear Research)
The International Organizations Immunities Act (22 U.S.C. 288 et seq.), as amended by section 707 is further amended by adding at the end the following new section:
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.
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709.
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 withvin 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).
710.
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.
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(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.
711.
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 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.
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712.
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.
713.
Modification and repeal of reports
(a)
Country reports on human rights practices
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—
(1) cost and personnel efficiencies;
(2) the potential use of data and analytic tools and visualization; and
(3) advancement of the modernization agenda for the Department announced by the Secretary on October 27, 2021.
(b)
Elimination of obsolete reports
(1)
Reports relating to Afghanistan and the Taliban
(A)
Quarterly reports
Notwithstanding sections 7019(e) of the Department of State, Foreign Operations, and Related Programs Appropriations Act of 2021 (division K of Public Law 116–260), the following reports are not required to be submitted after the date of the enactment of this Act:
(i) Quarterly report detailing the number of personnel present in Afghanistan under Chief of Mission authority under section (22 U.S.C. 2927), as described in House Report 116–444.
(ii) Quarterly report detailing the status of intra-Afghan peace negotiations.
(B)
Bimonthly report detailing the activities of the Taliban
Section 7044(a)(4) of the Department of State, Foreign Operations, and Related Programs Appropriations Act of 2021 (division K of Public Law 116–260) is amended by striking the following purposes and all that follows through (B).
(2)
Annual reports relating to funding mechanisms for telecommunications security and semiconductors
Division H of the William M. (Mac) Thornberry National Defense Authorization Act fo 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).
(3)
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
(B) by striking section 255.
(4)
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).
(5)
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).
(6)
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.
(c)
Modification of reporting requirements
(1)
Changing the frequency of the report on the use of Pakistan Counterinsurgency Capability Fund
Notwithstanding section 7010 of House of Representatives Report 112–331, the Secretary of State shall provide to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives a written report on the use of funds made available under the heading Pakistan Counterinsurgency Capability Fund on an annual basis.
(2)
Report on democratization in Burma
Section 570(d) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 (titles I through V of Public Law 104–208) is amended by striking Every six months following the enactment of this Act, the President shall report to and inserting The President shall submit an annual report to.