```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3072 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  1st Session
                                S. 3072

     To establish an Office of City and State Diplomacy within the 
              Department of State, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 26, 2021

Mr. Murphy (for himself and Mr. Cornyn) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL

 
     To establish an Office of City and State Diplomacy within 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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``City and State Diplomacy Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The supremacy clause of the United States Constitution 
        (article VI, clause 2) establishes that the Federal Government 
        has the primary role in conducting diplomacy on behalf of the 
        United States; in turn, the Department of State, which was 
        created pursuant to statute by Congress in 1789, has the lead 
        role in formulating and implementing United States foreign 
        policy.
            (2) The growth of subnational cooperation has enabled 
        States and municipalities to play an increasingly significant 
        role in foreign policy and complement the efforts of the 
        Department of State by--
                    (A) supporting exchanges and cooperation agreements 
                between elected leaders and officials of State and 
                municipal governments and those of international 
                cities, regions, and countries;
                    (B) promoting United States exports to foreign 
                markets and foreign direct investment into the United 
                States; and
                    (C) sharing best practices and striking agreements 
                with foreign counterparts on a wide range of topics, 
                including facilitating trade and investment, protecting 
                the health and safety of their respective citizens, 
                cooperating on energy and the environment, and 
                promoting people-to-people exchanges.
            (3) Global networks made up exclusively of local government 
        officials are at the forefront of harnessing the power of 
        cities to advance international cooperation, including C40 
        Cities Climate Leadership Group, ICLEI, United Cities and Local 
        Governments, Global Parliament of Mayors, Urban20, Strong 
        Cities Network, and Global Compact of Mayors.
            (4) In 2010, the Department of State appointed the first-
        ever special representative for Global Intergovernmental 
        Affairs, who led efforts to build strategic peer-to-peer 
        relationships between the Department of State, State and local 
        officials, and their foreign counterparts.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) it is in the interest of the United States to support 
        robust two-way partnerships between the Department of State and 
        subnational entities to advance United States foreign policy 
        objectives, improve understanding of United States diplomacy, 
        and leverage Federal resources to enhance the impact of 
        subnational engagements; and
            (2) the creation in the Department of State of an Office of 
        City and State Diplomacy, headed by a senior Department 
        official of appropriate rank to represent the United States at 
        international fora, would bolster United States interests 
        through international agreements and Federal support to State 
        and local entities.

SEC. 4. ESTABLISHMENT OF THE OFFICE OF CITY AND STATE DIPLOMACY.

    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:
    ``(i) Office of City and State Diplomacy.--
            ``(1) In general.--There shall be established within the 
        Department of State an Office of City and State Diplomacy (in 
        this subsection referred to as the `Office'). The Department 
        may use a similar name at its discretion and upon notification 
        to Congress.
            ``(2) Head of office.--The head of the Office shall be the 
        Ambassador-at-Large for City and State Diplomacy (in this 
        subsection referred to as the `Ambassador') or other 
        appropriate senior official. The head of the Office shall--
                    ``(A) be appointed by the President, by and with 
                the advice and consent of the Senate; and
                    ``(B) report directly to the Secretary, or such 
                other senior official as the Secretary determines 
                appropriate and upon notification to Congress.
            ``(3) Duties.--
                    ``(A) Principal duty.--The principal duty of the 
                head of the Office shall be the overall coordination 
                (including policy oversight of resources) of Federal 
                support for subnational engagements by State and 
                municipal governments with foreign governments. The 
                head of the Office shall be the principal adviser to 
                the Secretary of State on subnational engagements and 
                the principal official on such matters within the 
                senior management of the Department of State.
                    ``(B) Additional duties.--The additional duties of 
                the head of the Office shall include the following:
                            ``(i) Coordinating overall United States 
                        policy and programs in support of subnational 
                        engagements by State and municipal governments 
                        with foreign governments, including with 
                        respect to the following:
                                    ``(I) Coordinating resources across 
                                the Department of State and throughout 
                                the Federal Government in support of 
                                such engagements.
                                    ``(II) Identifying policy, program, 
                                and funding discrepancies among 
                                relevant Federal agencies regarding 
                                such coordination.
                                    ``(III) Identifying gaps in Federal 
                                support for such engagements and 
                                developing corresponding policy or 
                                programmatic changes to address such 
                                gaps.
                            ``(ii) Identifying areas of alignment 
                        between United States foreign policy and State 
                        and municipal goals.
                            ``(iii) Improving communication with the 
                        United States public, including, potentially, 
                        communication that demonstrate the breadth of 
                        international engagement by subnational actors 
                        and the impact of diplomacy across the United 
                        States.
                            ``(iv) Providing advisory support to 
                        subnational engagements, including by assisting 
                        State and municipal governments regarding--
                                    ``(I) developing and implementing 
                                global engagement and public diplomacy 
                                strategies;
                                    ``(II) implementing programs to 
                                cooperate with foreign governments on 
                                policy priorities or managing shared 
                                resources; and
                                    ``(III) understanding the 
                                implications of foreign policy 
                                developments or policy changes through 
                                regular and extraordinary briefings.
                            ``(v) Facilitating linkages and networks 
                        among State and municipal governments, and 
                        between State and municipal governments and 
                        their foreign counterparts, including by 
                        tracking subnational engagements and leveraging 
                        State and municipal expertise.
                            ``(vi) Supporting the work of Department of 
                        State detailees assigned to State and municipal 
                        governments pursuant to this subsection.
                            ``(vii) Under the direction of the 
                        Secretary, negotiating agreements and memoranda 
                        of understanding with foreign governments 
                        related to subnational engagements and 
                        priorities.
                            ``(viii) Supporting United States economic 
                        interests through subnational engagements, in 
                        consultation and coordination with the 
                        Department of Commerce, the Department of the 
                        Treasury, and the Office of the United States 
                        Trade Representative.
                            ``(ix) Coordinating subnational engagements 
                        with the associations of subnational elected 
                        leaders, including the United States Conference 
                        of Mayors, National Governors Association, 
                        National League of Cities, National Association 
                        of Counties, Council of State Governments, 
                        National Conference of State Legislators, and 
                        State International Development Organizations.
            ``(4) Coordination.--With respect to matters involving 
        trade promotion and inward investment facilitation, the Office 
        shall coordinate with and support the International Trade 
        Administration of the Department of Commerce as the lead 
        Federal agency for trade promotion and facilitation of business 
        investment in the United States.
            ``(5) Detailees.--
                    ``(A) In general.--The Secretary of State, with 
                respect to employees of the Department of State, is 
                authorized to detail a member of the civil service or 
                Foreign Service to State and municipal governments on a 
                reimbursable or nonreimbursable basis. Such details 
                shall be for a period not to exceed two years, and 
                shall be without interruption or loss of status or 
                privilege.
                    ``(B) Responsibilities.--Detailees under 
                subparagraph (A) should carry out the following 
                responsibilities:
                            ``(i) Supporting the mission and objectives 
                        of the host subnational government office.
                            ``(ii) Advising State and municipal 
                        government officials regarding questions of 
                        global affairs, foreign policy, cooperative 
                        agreements, and public diplomacy.
                            ``(iii) Coordinating activities relating to 
                        State and municipal government subnational 
                        engagements with the Department of State, 
                        including the Office, Department leadership, 
                        and regional and functional bureaus of the 
                        Department, as appropriate.
                            ``(iv) Engaging Federal agencies regarding 
                        security, public health, trade promotion, and 
                        other programs executed at the State or 
                        municipal government level.
                            ``(v) Any other duties requested by State 
                        and municipal governments and approved by the 
                        Office.
                    ``(C) Additional personnel support for subnational 
                engagement.--For the purposes of this subsection, the 
                Secretary of State--
                            ``(i) is authorized to employ individuals 
                        by contract;
                            ``(ii) is encouraged to make use of the re-
                        hired annuitants authority under section 3323 
                        of title 5, United States Code, particularly 
                        for annuitants who are already residing across 
                        the United States who may have the skills and 
                        experience to support subnational governments; 
                        and
                            ``(iii) is encouraged to make use of 
                        authorities under the Intergovernmental 
                        Personnel Act of 1970 (42 U.S.C. 4701 et seq.) 
                        to temporarily assign State and local 
                        government officials to the Department of State 
                        or overseas missions to increase their 
                        international experience and add their 
                        perspectives on United States priorities to the 
                        Department.
            ``(6) Report and briefing.--
                    ``(A) Report.--Not later than one year after the 
                date of the enactment of this subsection, the head of 
                the Office shall submit to the Committee on Foreign 
                Relations and the Committee on Appropriations of the 
                Senate and the Committee on Foreign Affairs and the 
                Committee on Appropriations of the House of 
                Representatives a report that includes information 
                relating to the following:
                            ``(i) The staffing plan (including 
                        permanent and temporary staff) for the Office 
                        and a justification for the location of the 
                        Office within the Department of State's 
                        organizational structure.
                            ``(ii) The funding level provided to the 
                        Office for the Office, together with a 
                        justification relating to such level.
                            ``(iii) The rank and title granted to the 
                        head of the Office, together with a 
                        justification relating to such decision and an 
                        analysis of whether the rank and title of 
                        Ambassador-at-Large is required to fulfill the 
                        duties of the Office.
                            ``(iv) A strategic plan for the Office, 
                        including relating to--
                                    ``(I) leveraging subnational 
                                engagement to improve United States 
                                foreign policy effectiveness;
                                    ``(II) enhancing the awareness, 
                                understanding, and involvement of 
                                United States citizens in the foreign 
                                policy process; and
                                    ``(III) better engaging with 
                                foreign subnational governments to 
                                strengthen diplomacy.
                            ``(v) Any other matters as determined 
                        relevant by the head of the Office.
                    ``(B) Briefings.--Not later than 30 days after the 
                submission of the report required under subparagraph 
                (A) and annually thereafter, the head of the Office 
                shall brief the Committee on Foreign Relations and the 
                Committee on Appropriations of the Senate and the 
                Committee on Foreign Affairs and the Committee on 
                Appropriations of the House of Representatives on the 
                work of the Office and any changes made to the 
                organizational structure or funding of the Office.
            ``(7) Rule of construction.--Nothing in this subsection may 
        be construed as precluding--
                    ``(A) the Office from being elevated to a bureau 
                within the Department of State; or
                    ``(B) the head of the Office from being elevated to 
                an Assistant Secretary, if such an Assistant Secretary 
                position does not increase the number of Assistant 
                Secretary positions at the Department above the number 
                authorized under subsection (c)(1).
            ``(8) Definitions.--In this subsection:
                    ``(A) Municipal.--The term `municipal' means, with 
                respect to the government of a municipality in the 
                United States, a municipality with a population of not 
                fewer than 100,000 people.
                    ``(B) State.--The term `State' means the 50 States, 
                the District of Columbia, and any territory or 
                possession of the United States.
                    ``(C) Subnational engagement.--The term 
                `subnational engagement' means formal meetings or 
                events between elected officials of State or municipal 
                governments and their foreign counterparts.''.
                                 <all>
```