[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2043 Reported in Senate (RS)]
<DOC>
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 Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the
``Department of State Authorization Act of 2023''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definitions.
<DELETED>TITLE I--DIPLOMATIC SECURITY AND CONSULAR AFFAIRS
<DELETED>Sec. 101. Passport fee expenditure authority extension.
<DELETED>Sec. 102. Special hiring authority for passport services.
<DELETED>Sec. 103. Quarterly report on passport wait times.
<DELETED>Sec. 104. Passport travel advisories.
<DELETED>Sec. 105. Increased accountability in assignment restrictions
and reviews.
<DELETED>Sec. 106. Suitability reviews for Foreign Service Institute
instructors.
<DELETED>Sec. 107. Diplomatic security fellowship programs.
<DELETED>TITLE II--PERSONNEL MATTERS
<DELETED>Subtitle A--Hiring, Promotion, and Development
<DELETED>Sec. 201. Adjustment to promotion precepts.
<DELETED>Sec. 202. Hiring authorities.
<DELETED>Sec. 203. Extending paths to service for paid student interns.
<DELETED>Sec. 204. Lateral Entry Program.
<DELETED>Sec. 205. Mid-Career Mentoring Program.
<DELETED>Sec. 206. Consideration of career civil servants as chiefs of
missions.
<DELETED>Sec. 207. Civil service rotational program.
<DELETED>Sec. 208. Reporting requirement on chiefs of mission.
<DELETED>Sec. 209. Report on chiefs of mission and deputy chiefs of
mission.
<DELETED>Sec. 210. Protection of retirement annuity for reemployment by
Department.
<DELETED>Sec. 211. Enhanced vetting for senior diplomatic posts.
<DELETED>Sec. 212. Efforts to improve retention and prevent
retaliation.
<DELETED>Subtitle B--Pay, Benefits, and Workforce Matters
<DELETED>Sec. 221. Education allowance.
<DELETED>Sec. 222. Per diem allowance for newly hired members of the
Foreign Service.
<DELETED>Sec. 223. Improving mental health services for foreign and
civil servants.
<DELETED>Sec. 224. Emergency back-up care.
<DELETED>Sec. 225. Authority to provide services to non-chief of
mission personnel.
<DELETED>Sec. 226. Exception for government-financed air
transportation.
<DELETED>Sec. 227. Enhanced authorities to protect locally employed
staff during emergencies.
<DELETED>Sec. 228. Internet at hardship posts.
<DELETED>Sec. 229. Competitive local compensation plan.
<DELETED>Sec. 230. Supporting tandem couples in the Foreign Service.
<DELETED>Sec. 231. Accessibility at diplomatic missions.
<DELETED>TITLE III--INFORMATION SECURITY AND CYBER DIPLOMACY
<DELETED>Sec. 301. Data-informed diplomacy.
<DELETED>Sec. 302. Establishment and expansion of the Bureau Chief Data
Officer Program.
<DELETED>Sec. 303. Task force to address artificial intelligence-
enabled influence operations.
<DELETED>Sec. 304. Establishment of the Chief Artificial Intelligence
Officer of the Department of State.
<DELETED>Sec. 305. Strengthening the Chief Information Officer of the
Department of State.
<DELETED>Sec. 306. Sense of Congress on strengthening enterprise
governance.
<DELETED>Sec. 307. Digital connectivity and cybersecurity partnership.
<DELETED>Sec. 308. Establishment of a cyberspace, digital connectivity,
and related technologies (CDT) fund.
<DELETED>TITLE IV--ORGANIZATION AND OPERATIONS
<DELETED>Sec. 401. Personal services contractors.
<DELETED>Sec. 402. Hard-to-fill posts.
<DELETED>Sec. 403. Enhanced oversight of the Office of Civil Rights.
<DELETED>Sec. 404. Crisis response operations.
<DELETED>TITLE V--ECONOMIC DIPLOMACY
<DELETED>Sec. 501. Duties of officers performing economic functions.
<DELETED>Sec. 502. Report on recruitment, retention, and promotion of
Foreign Service economic officers.
<DELETED>Sec. 503. Mandate to revise Department of State metrics for
successful economic and commercial
diplomacy.
<DELETED>Sec. 504. Chief of mission economic responsibilities.
<DELETED>Sec. 505. Direction to embassy deal teams.
<DELETED>Sec. 506. Establishment of a ``Deal Team of the Year'' award.
<DELETED>TITLE VI--PUBLIC DIPLOMACY
<DELETED>Sec. 601. National advertising campaign.
<DELETED>Sec. 602. Public diplomacy outreach.
<DELETED>Sec. 603. Modification on use of funds for Radio Free Europe/
Radio Liberty.
<DELETED>Sec. 604. International broadcasting.
<DELETED>Sec. 605. John Lewis Civil Rights Fellowship program.
<DELETED>Sec. 606. Domestic engagement and public diplomacy.
<DELETED>Sec. 607. Extension of Global Engagement Center.
<DELETED>Sec. 608. Paperwork Reduction Act.
<DELETED>Sec. 609. Expansion of Diplomats in Residence Programs.
<DELETED>TITLE VII--OTHER MATTERS
<DELETED>Sec. 701. Expanding the use of DDTC licensing fees.
<DELETED>Sec. 702. Waiver authority related to prohibition on certain
semiconductor products and services.
<DELETED>Sec. 703. Prohibition on entry of officials of foreign
governments involved in significant
corruption or gross violations of human
rights.
<DELETED>Sec. 704. Protection of cultural heritage during crises.
<DELETED>Sec. 705. National Museum of American Diplomacy.
<DELETED>Sec. 706. Extraterritorial offenses committed by United States
nationals serving with international
organizations.
<DELETED>Sec. 707. Extension of certain privileges and immunities to
the international energy forum.
<DELETED>Sec. 708. Extension of certain privileges and immunities to
the Conseil Europeen pour la recherche
nucleaire (CERN; the European Organization
for Nuclear Research).
<DELETED>Sec. 709. Internships of United States nationals at
international organizations.
<DELETED>Sec. 710. Training for international organizations.
<DELETED>Sec. 711. Modification to transparency on international
agreements and non-binding instruments.
<DELETED>Sec. 712. Congressional oversight, quarterly review, and
authority relating to concurrence provided
by chiefs of mission for support of certain
Government operations.
<DELETED>Sec. 713. Modification and repeal of reports.
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Department.--The term ``Department'' means the
Department of State.</DELETED>
<DELETED> (3) Secretary.--The term ``Secretary'' means the
Secretary of State.</DELETED>
<DELETED>TITLE I--DIPLOMATIC SECURITY AND CONSULAR AFFAIRS</DELETED>
<DELETED>SEC. 101. PASSPORT FEE EXPENDITURE AUTHORITY
EXTENSION.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (1) in paragraph (1), by striking ``(1)'';
and</DELETED>
<DELETED> (2) by striking paragraphs (2) and (3).</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 102. SPECIAL HIRING AUTHORITY FOR PASSPORT
SERVICES.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 103. QUARTERLY REPORT ON PASSPORT WAIT TIMES.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (1) the current estimated wait times for passport
processing;</DELETED>
<DELETED> (2) the steps that have been taken by the
Department to reduce wait times to a reasonable time;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (4) how the Department details its staff and
resources to passport services programs.</DELETED>
<DELETED>SEC. 104. PASSPORT TRAVEL ADVISORIES.</DELETED>
<DELETED> 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:</DELETED>
<DELETED> (1) A prominent, clear advisory for all travelers
to check travel.state.gov for updated travel warnings and
advisories.</DELETED>
<DELETED> (2) A prominent, clear notice urging all travelers
to register with the Department prior to overseas
travel.</DELETED>
<DELETED>SEC. 105. INCREASED ACCOUNTABILITY IN ASSIGNMENT RESTRICTIONS
AND REVIEWS.</DELETED>
<DELETED> (a) Sense of Congress.--It is the sense of Congress that--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) the Department should continuously evaluate
all processes relating to assignment restrictions, assignment
reviews, and preclusions at the Department.</DELETED>
<DELETED> (b) Notification of Status.--Beginning not later than 90
days after the date of the enactment of this Act, the Secretary shall--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Notification Content.--The notification required under
subsection (b) shall inform relevant personnel, as of the date of the
notification--</DELETED>
<DELETED> (1) whether any prior assignment restriction has
been lifted;</DELETED>
<DELETED> (2) if their assignment status is subject to
ongoing review, and an estimated date for completion;
and</DELETED>
<DELETED> (3) if they are subject to any other restrictions
on their ability to serve at posts abroad.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) the head of an office responsible for human
resources or discrimination who reports directly to the
Secretary;</DELETED>
<DELETED> (2) the Principal Deputy Assistant Secretary for
the Bureau of Global Talent Management;</DELETED>
<DELETED> (3) the Principal Deputy Assistant Secretary for
the Bureau of Intelligence and Research;</DELETED>
<DELETED> (4) an Assistant Secretary or Deputy, or
equivalent, from a third bureau as designated by the Under
Secretary for Management;</DELETED>
<DELETED> (5) a representative from the geographic bureau to
which the restriction applies; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 106. SUITABILITY REVIEWS FOR FOREIGN SERVICE INSTITUTE
INSTRUCTORS.</DELETED>
<DELETED> The Secretary shall ensure that all instructors at the
Foreign Service Institute, including direct hires and contractors, who
provide language instruction are--</DELETED>
<DELETED> (1) subject to suitability reviews and background
investigations; and</DELETED>
<DELETED> (2) subject to continuous vetting or
reinvestigations to the extend consistent with Department and
Executive policy for other Department personnel.</DELETED>
<DELETED>SEC. 107. DIPLOMATIC SECURITY FELLOWSHIP PROGRAMS.</DELETED>
<DELETED> (a) In General.--Section 47 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2719) is amended--</DELETED>
<DELETED> (1) by striking ``The Secretary'' and inserting
the following:</DELETED>
<DELETED> ``(a) In General.--The Secretary''; and</DELETED>
<DELETED> (2) by adding at the end the following new
subsection:</DELETED>
<DELETED> ``(b) Diplomatic Security Fellowship Programs.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Rulemaking.--The Secretary shall promulgate
regulations for the administration of Diplomatic Security
fellowship programs that set forth--</DELETED>
<DELETED> ``(A) the eligibility requirements for
receiving a grant under this subsection;</DELETED>
<DELETED> ``(B) the process by which eligible
applicants may request such a grant;</DELETED>
<DELETED> ``(C) the maximum amount of such a grant;
and</DELETED>