City and State Diplomacy Act

II 116TH CONGRESS 2D SESSION S. 4426 To establish an Office of Subnational Diplomacy within the Department of State, and for other purposes. IN THE SENATE OF THE UNITED STATES AUGUST 4, 2020 Mr. MURPHY (for himself and Mr. PERDUE) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To establish an Office of Subnational Diplomacy within the Department of State, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘City and State Diplo- 4 macy Act’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 (1) The supremacy clause of the United States 8 Constitution (article VI, clause 2) establishes that 9 the Federal Government has the primary role in con- 10 VerDate Sep 11 2014 03:48 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4426.IS S4426 kjohnson on DSK79L0C42PROD with BILLS 2 •S 4426 IS ducting diplomacy on behalf of the United States; in 1 turn, the Department of State, which was created 2 pursuant to statute by Congress in 1789, has the 3 lead role in formulating and implementing United 4 States foreign policy. 5 (2) The growth of subnational cooperation has 6 enabled States, counties, and municipalities to play 7 an increasingly significant role in foreign policy and 8 complement the efforts of the Department of State 9 by— 10 (A) supporting exchanges and cooperation 11 agreements between elected leaders and officials 12 of State, county, and municipal governments 13 and those of international cities, regions, and 14 countries; 15 (B) promoting United States exports to 16 foreign markets and foreign direct investment 17 into the United States; and 18 (C) sharing best practices and striking 19 agreements with foreign counterparts on a wide 20 range of topics, including facilitating trade and 21 investment, protecting the health and safety of 22 their respective citizens, cooperating on energy 23 and the environment, and promoting people-to- 24 people exchanges. 25 VerDate Sep 11 2014 03:48 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4426.IS S4426 kjohnson on DSK79L0C42PROD with BILLS 3 •S 4426 IS (3) Global networks made up exclusively of local 1 government officials are at the forefront of har- 2 nessing the power of cities to advance international 3 cooperation. 4 (4) In 2010, the Department of State appointed 5 the first-ever Special Representative for Global 6 Intergovernmental Affairs, who led efforts to build 7 strategic peer-to-peer relationships between the De- 8 partment of State, State and local officials, and 9 their foreign counterparts. 10 SEC. 3. SENSE OF CONGRESS. 11 It is the sense of Congress that it is in the interest 12 of the United States to promote subnational engagements, 13 align such engagements with national foreign policy objec- 14 tives, and leverage Federal resources to enhance the im- 15 pact of such engagements. 16 SEC. 4. ESTABLISHMENT OF THE OFFICE OF SUBNATIONAL 17 DIPLOMACY. 18 Section 1 of the State Department Basic Authorities 19 Act of 1956 (22 U.S.C. 2651a) is amended by adding at 20 the end the following new subsection: 21 ‘‘(h) OFFICE OF SUBNATIONAL DIPLOMACY.— 22 ‘‘(1) IN GENERAL.—There shall be established 23 within the Department of State an Office of Sub- 24 VerDate Sep 11 2014 03:48 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4426.IS S4426 kjohnson on DSK79L0C42PROD with BILLS 4 •S 4426 IS national Diplomacy (in this subsection referred to as 1 the ‘Office’). 2 ‘‘(2) HEAD OF OFFICE.—The head of the Office 3 shall be the Ambassador-at-Large for Subnational 4 Diplomacy (in this subsection referred to as the 5 ‘Ambassador’). The Ambassador shall— 6 ‘‘(A) be appointed by the President, by and 7 with the advice and consent of the Senate; and 8 ‘‘(B) report directly to the Under Sec- 9 retary for Political Affairs. 10 ‘‘(3) DUTIES.— 11 ‘‘(A) PRINCIPAL DUTY.—The principal 12 duty of the Ambassador shall be the overall su- 13 pervision (including policy oversight of re- 14 sources) of Federal support for subnational en- 15 gagements by State, county, and municipal gov- 16 ernments with foreign governments. The Am- 17 bassador shall be the principal adviser to the 18 Secretary of State on subnational engagements 19 and the principal official on such matters within 20 the senior management of the Department of 21 State. 22 ‘‘(B) ADDITIONAL DUTIES.—The addi- 23 tional duties of the Ambassador shall include 24 the following: 25 VerDate Sep 11 2014 03:48 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4426.IS S4426 kjohnson on DSK79L0C42PROD with BILLS 5 •S 4426 IS ‘‘(i) Coordinating overall United 1 States policy and programs in support of 2 subnational engagements by State and mu- 3 nicipal governments with foreign govern- 4 ments, including with respect to the fol- 5 lowing activities: 6 ‘‘(I) Coordinating resources 7 across the Department of State and 8 throughout the Federal Government 9 in support of such engagements. 10 ‘‘(II) Identifying policy, program, 11 and funding disputes among relevant 12 Federal agencies regarding such co- 13 ordination. 14 ‘‘(III) Identifying gaps in Fed- 15 eral support for such engagements 16 and developing corresponding policy 17 or programmatic changes to address 18 such gaps. 19 ‘‘(ii) Promoting United States foreign 20 policy goals through support for sub- 21 national engagements and aligning sub- 22 national priorities with national foreign 23 policy goals, as appropriate. 24 VerDate Sep 11 2014 03:48 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4426.IS S4426 kjohnson on DSK79L0C42PROD with BILLS 6 •S 4426 IS ‘‘(iii) Maintaining a public database of 1 subnational engagements. 2 ‘‘(iv) Providing advisory support to 3 subnational engagements, including by as- 4 sisting State, county, and municipal gov- 5 ernments to— 6 ‘‘(I) develop, implement, and, as 7 necessary, adjust global engagement 8 and public diplomacy strategies, par- 9 ticularly for States and cities with 10 limited international outreach staff; 11 ‘‘(II) implement programs to co- 12 operate with foreign governments on 13 policy priorities or managing shared 14 resources; and 15 ‘‘(III) understand the implica- 16 tions of foreign policy developments or 17 policy changes through regular and 18 extraordinary briefings. 19 ‘‘(v) Facilitating linkages and net- 20 works between State and municipal govern- 21 ments and their foreign counterparts, in- 22 cluding leveraging of State and municipal 23 government expertise in United States for- 24 eign assistance programming. 25 VerDate Sep 11 2014 03:48 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4426.IS S4426 kjohnson on DSK79L0C42PROD with BILLS 7 •S 4426 IS ‘‘(vi) Overseeing the work of Depart- 1 ment of State detailees assigned to State 2 and municipal governments pursuant to 3 this subsection. 4 ‘‘(vii) Negotiating agreements and 5 memoranda of understanding with foreign 6 governments to support subnational en- 7 gagements and priorities. 8 ‘‘(viii) Promoting United States trade 9 and foreign exports on behalf of United 10 States businesses through exchanges be- 11 tween the United States and foreign state, 12 municipal, and provincial governments, de- 13 veloping resource lists for subnational ac- 14 tors’ international outreach, creating a 15 platform for subnational actors and small 16 and medium businesses to request support 17 or submit feedback, and by establishing a 18 more enduring relationship overall between 19 subnational governments. 20 ‘‘(ix) Promoting public health and 21 public safety areas like road safety, 22 through exchanges between the United 23 States and foreign state, municipal, and 24 provincial governments, conferences to cap- 25 VerDate Sep 11 2014 03:48 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4426.IS S4426 kjohnson on DSK79L0C42PROD with BILLS 8 •S 4426 IS ture best practices and assure future plan- 1 ning, and by establishing enduring rela- 2 tionship between subnational governments. 3 ‘‘(x) Coordinating subnational engage- 4 ments with the associations of subnational 5 elected leaders, including the United States 6 Conference of Mayors, National Governors 7 Association, National League of Cities, Na- 8 tional Association of Counties, Council of 9 State Governments, National Conference of 10 State Legislators, and State International 11 Development Offices. 12 ‘‘(4) STATE, COUNTY, AND MUNICIPAL FEL- 13 LOWS PROGRAM.— 14 ‘‘(A) IN GENERAL.—Under the Fellowship 15 Program, the Secretary of State, acting through 16 the Ambassador, is authorized to detail no 17 fewer than 30 total Foreign Service officers and 18 members of the civil service each year to State, 19 county, and municipal governments on a reim- 20 bursable or nonreimbursable basis. Such details 21 shall be for a period not to exceed two years, 22 and shall be without interruption or loss of For- 23 eign Service or civil service status or privilege. 24 VerDate Sep 11 2014 20:59 Aug 25, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4426.IS S4426 kjohnson on DSK79L0C42PROD with BILLS 9 •S 4426 IS ‘‘(B) RESPONSIBILITIES.—Detailees under 1 subparagraph (A) shall carry out the following 2 duties: 3 ‘‘(i) Supporting the mission and objec- 4 tives of the Office. 5 ‘‘(ii) Coordinating activities relating to 6 State and municipal government sub- 7 national engagements with the Department 8 of State, including the Office, Department 9 leadership, and regional and functional bu- 10 reaus of the Department, as appropriate. 11 ‘‘(iii) Engaging the Department of 12 State and other Federal agencies regarding 13 security, public health, trade promotion, 14 and other programs executed at the State 15 or municipal government level. 16 ‘‘(iv) Advising State and municipal 17 government officials regarding questions of 18 global affairs, foreign policy, cooperative 19 agreements, and public diplomacy. 20 ‘‘(v) Any other duties requested by 21 State and municipal governments and ap- 22 proved by the Office. 23 ‘‘(5) REPORT AND BRIEFING.— 24 VerDate Sep 11 2014 03:48 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4426.IS S4426 kjohnson on DSK79L0C42PROD with BILLS 10 •S 4426 IS ‘‘(A) REPORT.—Not later than one year 1 after the date of the enactment of this sub- 2 section, the Ambassador shall submit to the 3 Committee on Foreign Relations of the Senate 4 and the Committee on Foreign Affairs of the 5 House of Representatives a report that includes 6 information relating to the following matters: 7 ‘‘(i) The staffing plan (including per- 8 manent and temporary staff) for the Of- 9 fice. 10 ‘‘(ii) The funding level provided to the 11 Office for the Office, together with a jus- 12 tification relating to such level. 13 ‘‘(iii) The status of filling the position 14 of Ambassador-at-Large for Subnational 15 Diplomacy. 16 ‘‘(iv) A strategic plan for the Office, 17 including— 18 ‘‘(I) how to better integrate 19 United States cities, counties, and 20 States into United States foreign pol- 21 icy, such as through the provision of 22 trainers; 23 ‘‘(II) how partnerships with sub- 24 national entities can enhance citizen 25 VerDate Sep 11 2014 03:48 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4426.IS S4426 kjohnson on DSK79L0C42PROD with BILLS 11 •S 4426 IS involvement in the foreign policy mak- 1 ing process; and 2 ‘‘(III) how partnerships can be 3 used to increase public understanding 4 and awareness of United States diplo- 5 matic efforts. 6 ‘‘(v) A plan for better targeting for- 7 eign subnational governments through 8 State and United States Agency for Inter- 9 national Development foreign assistance 10 and diplomatic engagement, including an 11 assessment of existing efforts and best 12 practices, recommendations for expansion 13 and new initiatives to better leverage sub- 14 national governments to improve United 15 States foreign policy effectiveness including 16 public diplomacy, and emphasizing govern- 17 ance and public health. 18 ‘‘(vi) Any other matters as determined 19 relevant by the Ambassador. 20 ‘‘(B) BRIEFINGS.—Not later than 30 days 21 after the submission of the report required 22 under subparagraph (A), and annually there- 23 after, the Ambassador shall brief the Committee 24 on Foreign Relations of the Senate and the 25 VerDate Sep 11 2014 03:48 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4426.IS S4426 kjohnson on DSK79L0C42PROD with BILLS 12 •S 4426 IS Committee on Foreign Affairs of the House of 1 Representatives on the work of the Office and 2 any changes made to the organizational struc- 3 ture or funding of the Office. 4 ‘‘(6) DEFINITIONS.—In this subsection: 5 ‘‘(A) MUNICIPAL.—The term ‘municipal’ 6 means, with respect to the government of a mu- 7 nicipality, a municipality with a population of 8 not fewer than 100,000 people. 9 ‘‘(B) STATE.—The term ‘State’ means the 10 50 States, the District of Columbia, and any 11 territory or possession of the United States. 12 ‘‘(C) SUBNATIONAL ENGAGEMENT.—The 13 term ‘subnational engagement’ means formal 14 meetings or events between elected officials of 15 State or municipal governments and their for- 16 eign counterparts.’’. 17 Æ VerDate Sep 11 2014 03:48 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\S4426.IS S4426 kjohnson on DSK79L0C42PROD with BILLS