Department of State Authorization Act of 2023

II Calendar No. 189 118TH CONGRESS 1ST SESSION S. 2043 To provide for certain authorities of the Department of State, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 15, 2023 Mr. MENENDEZ (for himself and Mr. RISCH) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations AUGUST 22, 2023 Reported under authority of the order of the Senate of July 27, 2023, by Mr. MENENDEZ, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL To provide for certain authorities of the Department of State, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Department of State Authorization Act of 2023’’. 5 VerDate Sep 11 2014 00:10 Aug 23, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6401 E:\BILLS\S2043.RS S2043 kjohnson on DSK79L0C42PROD with BILLS 2 •S 2043 RS (b) TABLE OF CONTENTS.—The table of contents for 1 this Act is as follows: 2 Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—DIPLOMATIC SECURITY AND CONSULAR AFFAIRS Sec. 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 MATTERS Subtitle A—Hiring, Promotion, and Development Sec. 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 Matters Sec. 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 emer- gencies. 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 DIPLOMACY Sec. 301. Data-informed diplomacy. Sec. 302. Establishment and expansion of the Bureau Chief Data Officer Pro- gram. Sec. 303. Task force to address artificial intelligence-enabled influence oper- ations. VerDate Sep 11 2014 00:10 Aug 23, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6411 E:\BILLS\S2043.RS S2043 kjohnson on DSK79L0C42PROD with BILLS 3 •S 2043 RS Sec. 304. Establishment of the Chief Artificial Intelligence Officer of the De- partment 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 tech- nologies (CDT) fund. TITLE IV—ORGANIZATION AND OPERATIONS Sec. 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 DIPLOMACY Sec. 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 eco- nomic 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 DIPLOMACY Sec. 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 MATTERS Sec. 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 serv- ing 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 Europe´en pour la recherche nucle´aire (CERN; the European Organization for Nuclear Research). Sec. 709. Internships of United States nationals at international organizations. Sec. 710. Training for international organizations. VerDate Sep 11 2014 00:10 Aug 23, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6411 E:\BILLS\S2043.RS S2043 kjohnson on DSK79L0C42PROD with BILLS 4 •S 2043 RS 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. SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) APPROPRIATE CONGRESSIONAL COMMIT- 3 TEES.—The term ‘‘appropriate congressional com- 4 mittees’’ means the Committee on Foreign Relations 5 of the Senate and the Committee on Foreign Affairs 6 of the House of Representatives. 7 (2) DEPARTMENT.—The term ‘‘Department’’ 8 means the Department of State. 9 (3) SECRETARY.—The term ‘‘Secretary’’ means 10 the Secretary of State. 11 TITLE I—DIPLOMATIC SECURITY 12 AND CONSULAR AFFAIRS 13 SEC. 101. PASSPORT FEE EXPENDITURE AUTHORITY EX- 14 TENSION. 15 (a) WESTERN HEMISPHERE TRAVEL INITIATIVE 16 FEE.—To make permanent the Western Hemisphere 17 Travel Initiative fee, section 1(b) of the Passport Act of 18 June 4, 1920 (22 U.S.C. 214(b)(1)) is amended— 19 (1) in paragraph (1), by striking ‘‘(1)’’; and 20 (2) by striking paragraphs (2) and (3). 21 VerDate Sep 11 2014 00:10 Aug 23, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S2043.RS S2043 kjohnson on DSK79L0C42PROD with BILLS 5 •S 2043 RS (b) PASSPORT FEES.—Section 1(b) of the Passport 1 Act of June 4, 1920, as amended by subsection (a), shall 2 be applied through fiscal year 2028 by striking ‘‘such 3 costs’’ and inserting ‘‘the costs of providing consular serv- 4 ices’’. 5 (c) MODERNIZATION OF PASSPORT PROCESSING.—A 6 portion of the expanded expenditure authorities provided 7 in subsections (a) and (b) shall be used to modernize con- 8 sular systems, with an emphasis on passport and citizen- 9 ship services. 10 SEC. 102. SPECIAL HIRING AUTHORITY FOR PASSPORT 11 SERVICES. 12 During the 3-year period beginning on the date of 13 the enactment of this Act, the Secretary of State, without 14 regard to the provisions under sections 3309 through 15 3318 of title 5, United States Code, may directly appoint 16 candidates to positions in the competitive service (as de- 17 fined in section 2102 of such title) at the Department in 18 the Passport and Visa Examining Series 0967. 19 SEC. 103. QUARTERLY REPORT ON PASSPORT WAIT TIMES. 20 Not later than 30 days after the date of the enact- 21 ment of this Act, and quarterly thereafter for the following 22 3 years, the Secretary shall submit a report to the appro- 23 priate congressional committees that describes— 24 VerDate Sep 11 2014 00:10 Aug 23, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S2043.RS S2043 kjohnson on DSK79L0C42PROD with BILLS 6 •S 2043 RS (1) the current estimated wait times for pass- 1 port processing; 2 (2) the steps that have been taken by the De- 3 partment to reduce wait times to a reasonable time; 4 (3) efforts to improve the rollout of the online 5 passport renewal processing program, including how 6 much of passport revenues the Department is spend- 7 ing on consular systems modernization; and 8 (4) how the Department details its staff and re- 9 sources to passport services programs. 10 SEC. 104. PASSPORT TRAVEL ADVISORIES. 11 Not later than 180 days after the date of the enact- 12 ment of this Act, the Department shall make prominently 13 available in United States passports, on the first two 14 pages of the passport, the following information: 15 (1) A prominent, clear advisory for all travelers 16 to check travel.state.gov for updated travel warnings 17 and advisories. 18 (2) A prominent, clear notice urging all trav- 19 elers to register with the Department prior to over- 20 seas travel. 21 SEC. 105. INCREASED ACCOUNTABILITY IN ASSIGNMENT 22 RESTRICTIONS AND REVIEWS. 23 (a) SENSE OF CONGRESS.—It is the sense of Con- 24 gress that— 25 VerDate Sep 11 2014 00:10 Aug 23, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S2043.RS S2043 kjohnson on DSK79L0C42PROD with BILLS 7 •S 2043 RS (1) the use of policies to restrict personnel from 1 serving in certain assignments may undermine the 2 Department’s ability to deploy relevant cultural and 3 linguistic skills at diplomatic posts abroad if not ap- 4 plied judiciously; and 5 (2) the Department should continuously evalu- 6 ate all processes relating to assignment restrictions, 7 assignment reviews, and preclusions at the Depart- 8 ment. 9 (b) NOTIFICATION OF STATUS.—Beginning not later 10 than 90 days after the date of the enactment of this Act, 11 the Secretary shall— 12 (1) provide a status update for all Department 13 personnel who, prior to such date of enactment, were 14 subject to a prior assignment restriction, assignment 15 review, or preclusion for whom a review or decision 16 related to assignment is pending; and 17 (2) on an ongoing basis, provide a status up- 18 date for any Department personnel who has been 19 the subject of a pending assignment restriction or 20 pending assignment review for more than 30 days. 21 (c) NOTIFICATION CONTENT.—The notification re- 22 quired under subsection (b) shall inform relevant per- 23 sonnel, as of the date of the notification— 24 VerDate Sep 11 2014 00:10 Aug 23, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S2043.RS S2043 kjohnson on DSK79L0C42PROD with BILLS 8 •S 2043 RS (1) whether any prior assignment restriction 1 has been lifted; 2 (2) if their assignment status is subject to on- 3 going review, and an estimated date for completion; 4 and 5 (3) if they are subject to any other restrictions 6 on their ability to serve at posts abroad. 7 (d) ADJUDICATION OF ONGOING ASSIGNMENT RE- 8 VIEWS.—The Department shall establish a reasonable 9 time limit for the Department to complete an assignment 10 review, and establish a deadline by which it must inform 11 personnel of a decision related to such a review. For any 12 personnel the Department determines are ineligible to 13 serve in an assignment due to an assignment restriction 14 or assignment review, a Security Appeal Panel shall con- 15 vene not later than 60 days of an appeal being filed. 16 (e) SECURITY REVIEW PANEL.—Not later than 90 17 days after the date of the enactment of this Act, the Secu- 18 rity Appeal Panel shall be comprised of— 19 (1) the head of an office responsible for human 20 resources or discrimination who reports directly to 21 the Secretary; 22 (2) the Principal Deputy Assistant Secretary 23 for the Bureau of Global Talent Management; 24 VerDate Sep 11 2014 00:10 Aug 23, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S2043.RS S2043 kjohnson on DSK79L0C42PROD with BILLS 9 •S 2043 RS (3) the Principal Deputy Assistant Secretary 1 for the Bureau of Intelligence and Research; 2 (4) an Assistant Secretary or Deputy, or equiv- 3 alent, from a third bureau as designated by the 4 Under Secretary for Management; 5 (5) a representative from the geographic bureau 6 to which the restriction applies; and 7 (6) a representative from the Office of the 8 Legal Adviser and a representative from the Bureau 9 of Diplomatic Security, who shall serve as non-vot- 10 ing advisors. 11 (f) APPEAL RIGHTS.—Section 414(a) of the Depart- 12 ment of State Authorities Act, Fiscal Year 2017 (22 13 U.S.C. 2734c(a)) is amended by striking the first two sen- 14 tences and inserting ‘‘The Secretary shall establish and 15 maintain a right and process for employees to appeal a 16 decision related to an assignment, based on a restriction, 17 review, or preclusion. Such right and process shall ensure 18 that any such employee shall have the same appeal rights 19 as provided by the Department regarding denial or revoca- 20 tion of a security clearance.’’. 21 (g) FAM UPDATE.—Not later than 120 days after 22 the date of the enactment of this Act, the Secretary shall 23 amend all relevant provisions of the Foreign Service Man- 24 VerDate Sep 11 2014 00:10 Aug 23, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S2043.RS S2043 kjohnson on DSK79L0C42PROD with BILLS 10 •S 2043 RS ual, and any associated or related policies of the Depart- 1 ment, to comply with this section. 2 SEC. 106. SUITABILITY REVIEWS FOR FOREIGN SERVICE IN- 3 STITUTE INSTRUCTORS. 4 The Secretary shall ensure that all instructors at the 5 Foreign Service Institute, including direct hires and con- 6 tractors, who provide language instruction are— 7 (1) subject to suitability reviews and back- 8 ground investigations; and 9 (2) subject to continuous vetting or reinvestiga- 10 tions to the extend consistent with Department and 11 Executive policy for other Department personnel. 12 SEC. 107. DIPLOMATIC SECURITY FELLOWSHIP [Text truncated for display. Full text available on Congress.gov.]