[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>