Department of State Authorization Act of 2022

To provide for certain authorities of the Department of State, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Department of State Authorization Act of 2022 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Organization and Operations of the Department of State Sec. 101. Modernizing the Bureau of Arms Control, Verification, and Compliance and the Bureau of International Security and Nonproliferation. Sec. 102. Notification to Congress for United States nationals unlawfully or wrongfully detained abroad. Sec. 103. Family Engagement Coordinator. Sec. 104. Rewards for Justice. Sec. 105. Ensuring geographic diversity and accessibility of passport agencies. Sec. 106. Cultural Antiquities Task Force. TITLE II—Personnel issues Sec. 201. Department of State paid Student Internship Program. Sec. 202. Improvements to the prevention of, and the response to, harassment, discrimination, sexual assault, and related retaliation. Sec. 203. Increasing the maximum amount authorized for science and technology fellowship grants and cooperative agreements. Sec. 204. Additional personnel to address backlogs in hiring and investigations. Sec. 205. Commission on Reform and Modernization of the Department of State. Sec. 206. Foreign affairs training. Sec. 207. Security clearance approval process. Sec. 208. Addendum for study on foreign service allowances. Sec. 209. Curtailments, removals from post, and waivers of privileges and immunities. Sec. 210. Report on worldwide availability. Sec. 211. Professional development. Sec. 212. Management assessments at diplomatic and consular posts. TITLE III—Embassy security and construction Sec. 301. Amendments to Secure Embassy Construction and Counterterrorism Act of 1999. Sec. 302. Diplomatic support and security. TITLE IV—A diverse workforce: recruitment, retention, and promotion Sec. 401. Report on barriers to applying for employment with the Department of State. Sec. 402. Collection, analysis, and dissemination of workforce data. Sec. 403. Centers of Excellence in Foreign Affairs and Assistance. TITLE V—Information security and cyber diplomacy Sec. 501. United States international cyberspace policy. Sec. 502. Bureau of Cyberspace and Digital Policy. Sec. 503. International cyberspace and digital policy strategy. Sec. 504. Government Accountability Office report on cyber diplomacy. Sec. 505. Report on diplomatic programs to detect and respond to cyber threats against allies and partners. Sec. 506. Cybersecurity recruitment and retention. Sec. 507. Short course on emerging technologies for senior officials. Sec. 508. Establishment and expansion of Regional Technology Officer Program. Sec. 509. Vulnerability disclosure policy and bug bounty program report. TITLE VI—Public diplomacy Sec. 601. United States participation in international fairs and expositions. Sec. 602. Press freedom curriculum. Sec. 603. Global Engagement Center. Sec. 604. Under Secretary for Public Diplomacy. TITLE VII—Other matters Sec. 701. Supporting the employment of United States citizens by international organizations. Sec. 702. Increasing housing availability for certain employees assigned to the United States Mission to the United Nations. Sec. 703. Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council. Sec. 704. Boards of Radio Free Europe/Radio Liberty, Radio Free Asia, the Middle East Broadcasting Networks, and the Open Technology Fund. Sec. 705. Broadcasting entities no longer required to consolidate into a single private, nonprofit corporation. Sec. 706. International broadcasting activities. Sec. 707. Global internet freedom. Sec. 708. Arms Export Control Act alignment with the Export Control Reform Act. Sec. 709. Increasing the maximum annual lease payment available without approval by the Secretary. Sec. 710. Report on United States access to critical mineral resources abroad. Sec. 711. Ensuring the integrity of communications cooperation. Sec. 712. Congressional oversight, quarterly review, and authority relating to concurrence provided by chiefs of mission for the provision of support relating to certain United States Government operations. Sec. 713. Provision of parking services and retention of parking fees. Sec. 714. Diplomatic reception areas. Sec. 715. Consular and border security programs visa services cost recovery proposal. TITLE VIII—Extension of authorities Sec. 801. Consulting services. Sec. 802. Diplomatic facilities. Sec. 803. Extension of existing authorities. Sec. 804. War reserves stockpile and military training report. 2. Definitions In this Act: (1) Administrator The term Administrator (2) Appropriate congressional committees The term appropriate congressional committees Committee on Foreign Relations of the Senate Committee on Foreign Affairs of the House of Representatives (3) Department Unless otherwise specified, the term Department (4) Secretary Unless otherwise specified, the term Secretary (5) USAID The term USAID I Organization and Operations of the Department of State 101. Modernizing the Bureau of Arms Control, Verification, and Compliance and the Bureau of International Security and Nonproliferation It is the sense of Congress that— (1) the Secretary should take steps to address staffing shortfalls in the chemical, biological, and nuclear weapons issue areas in the Bureau of Arms Control, Verification, and Compliance and in the Bureau of International Security and Nonproliferation; (2) maintaining a fully staffed and resourced Bureau of Arms Control, Verification, and Compliance and Bureau of International Security and Nonproliferation is necessary to effectively confront the threat of increased global proliferation; and (3) the Bureau of Arms Control, Verification, and Compliance and the Bureau of International Security and Nonproliferation should increase efforts and dedicate resources to combat the dangers posed by the People's Republic of China’s conventional and nuclear build-up, the Russian Federation's tactical nuclear weapons and new types of nuclear weapons, bioweapons proliferation, dual use of life sciences research, and chemical weapons. 102. Notification to Congress for United States nationals unlawfully or wrongfully detained abroad Section 302 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act ( 22 U.S.C. 1741 (1) in subsection (a), by inserting , as expeditiously as possible, review (2) by amending subsection (b) to read as follows: (b) Referrals to Special Envoy; notification to Congress (1) In general Upon a determination by the Secretary of State, based on the totality of the circumstances, that there is credible information that the detention of a United States national abroad is unlawful or wrongful, and regardless of whether the detention is by a foreign government or a nongovernmental actor, the Secretary shall— (A) expeditiously transfer responsibility for such case from the Bureau of Consular Affairs of the Department of State to the Special Envoy for Hostage Affairs; and (B) not later than 14 days after such determination, notify the Committee on Foreign Relations of the Senate Committee on Foreign Affairs of the House of Representatives (2) Form The notification described in paragraph (1)(B) may be classified, if necessary. . 103. Family Engagement Coordinator Section 303 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act ( 22 U.S.C. 1741a (d) Family engagement coordinator There shall be, in the Office of the Special Presidential Envoy for Hostage Affairs, a Family Engagement Coordinator, who shall ensure— (1) for a United States national unlawfully or wrongfully detained abroad, that— (A) any interaction by executive branch officials with any family member of such United States national occurs in a coordinated fashion; (B) such family member receives consistent and accurate information from the United States Government; and (C) appropriate coordination with the Family Engagement Coordinator described in section 304(c)(2); and (2) for a United States national held hostage abroad, that any engagement with a family member is coordinated with, consistent with, and not duplicative of the efforts of the Family Engagement Coordinator described in section 304(c)(2). . 104. Rewards for Justice Section 36(b) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2708(b) (1) in paragraph (4), by striking or (10); (10), or (14); (2) in paragraph (12), by striking or (3) in paragraph (13), by striking the period at the end and inserting ; or (4) by adding at the end the following: (14) the prevention, frustration, or resolution of the hostage taking of a United States person, the identification, location, arrest, or conviction of a person responsible for the hostage taking of a United States person, or the location of a United States person who has been taken hostage, in any country. . 105. Ensuring geographic diversity and accessibility of passport agencies (a) Sense of Congress It is the sense of Congress that Department initiatives to expand passport services and accessibility, including through online modernization projects, should include the construction of new physical passport agencies. (b) Review The Secretary shall conduct a review of the geographic diversity and accessibility of existing passport agencies to identify— (1) the geographic areas in the United States that are farther than 6 hours' driving distance from the nearest passport agency; (2) the per capita demand for passport services in the areas described in paragraph (1); and (3) a plan to ensure that in-person services at physical passport agencies are accessible to all eligible Americans, including Americans living in large population centers, in rural areas, and in States with a high per capita demand for passport services. (c) Considerations The Secretary shall consider the metrics identified in paragraphs (1) and (2) of subsection (b) when determining locations for the establishment of new physical passport agencies. (d) Report Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the Committee on Foreign Relations of the Senate Committee on Appropriations of the Senate Committee on Foreign Affairs of the House of Representatives Committee on Appropriations of the House of Representatives 106. Cultural Antiquities Task Force The Secretary is authorized to use up to $1,000,000 for grants to carry out the activities of the Cultural Antiquities Task Force. II Personnel issues 201. Department of State paid Student Internship Program (a) In general The Secretary shall establish the Department of State Student Internship Program (referred to in this section as the Program (b) Eligibility An applicant is eligible to participate in the Program if the applicant— (1) is enrolled at least half-time at— (A) an institution of higher education (as such term is defined in section 102(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(a) (B) an institution of higher education based outside the United States, as determined by the Secretary of State; and (2) is eligible to receive and hold an appropriate security clearance. (c) Selection The Secretary shall establish selection criteria for students to be admitted into the Program that includes a demonstrated interest in a career in foreign affairs. (d) Outreach The Secretary shall— (1) widely advertise the Program, including— (A) on the internet; (B) through the Department’s Diplomats in Residence program; and (C) through other outreach and recruiting initiatives targeting undergraduate and graduate students; and (2) conduct targeted outreach to encourage participation in the Program from— (A) individuals belonging to traditionally underrepresented racial, ethnic, geographic, gender, and disability groups; and (B) students enrolled at minority-serving institutions (which shall include any institution listed in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) (e) Compensation (1) Housing assistance (A) Abroad The Secretary shall provide housing assistance to any student participating in the Program whose permanent address is within the United States if the location of the internship in which such student is participating is outside of the United States. (B) Domestic The Secretary may provide housing assistance to a student participating in the Program whose permanent address is within the United States if the location of the internship in which such student is participating is more than 50 miles away from such student’s permanent address. (2) Travel assistance The Secretary shall provide a student participating in the Program whose permanent address is within the United States with financial assistance that is sufficient to cover the travel costs of a single round trip by air, train, bus, or other appropriate transportation between the student's permanent address and the location of the internship in which such student is participating if such location is— (A) more than 50 miles from the student’s permanent address; or (B) outside of the United States. (f) Working with institutions of higher education The Secretary, to the maximum extent practicable, shall structure internships to ensure that such internships satisfy criteria for academic credit at the institutions of higher education in which participants in such internships are enrolled. (g) Transition period (1) In general Except as provided in paragraphs (2) and (3), beginning not later than 2 years after the date of the enactment of this Act— (A) the Secretary shall convert unpaid internship programs of the Department, including the Foreign Service Internship Program, to internship programs that offer compensation; and (B) upon selection as a candidate for entry into an internship program of the Department, a participant in such internship program may refuse compensation, including if doing so allows such participant to receive college or university curricular credit. (2) Exception The transition required under paragraph (1) shall not apply to unpaid internship programs of the Department that are part of the Virtual Student Federal Service internship program. (3) Waiver (A) In general The Secretary may waive the requirement under paragraph (1)(A) with respect to a particular unpaid internship program if the Secretary, not later than 30 days after making a determination that the conversion of such internship program to a compensated internship program would not be consistent with effective management goals, submits a report explaining such determination to— (i) the appropriate congressional committees; (ii) the Committee on Appropriations of the Senate (iii) the Committee on Appropriations of the House of Representatives (B) Report The report required under subparagraph (A) shall— (i) describe the reasons why converting an unpaid internship program of the Department to an internship program that offers compensation would not be consistent with effective management goals; and (ii) (I) provide justification for maintaining such unpaid status indefinitely; or (II) identify any additional authorities or resources that would be necessary to convert such unpaid internship program to offer compensation in the future. (h) Reports Not later than 18 months after the date of the enactment of this Act, the Secretary of State shall submit a report to the committees referred to in subsection (g)(3)(A) that includes— (1) data, to the extent the collection of such information is permissible by law, regarding the number of students who applied to the Program, were offered a position, and participated, respectively, disaggregated by race, ethnicity, gender, institution of higher education, home State, State where each student graduated from high school, and disability status; (2) data regarding the number of security clearance investigations initiated for the students described in paragraph (1), including the timeline for such investigations, whether such investigations were completed, and when an interim security clearance was granted; (3) information on Program expenditures; and (4) information regarding the Department’s compliance with subsection (g). (i) Voluntary participation (1) In general Nothing in this section may be construed to compel any student who is a participant in an internship program of the Department to participate in the collection of the data or divulge any personal information. Such students shall be informed that their participation in the data collection under this section is voluntary. (2) Privacy protection Any data collected under this section shall be subject to the relevant privacy protection statutes and regulations applicable to Federal employees. (j) Special hiring authority Notwithstanding any other provision of law, the Secretary, in consultation with the Director of the Office of Personnel Management, with respect to the number of interns to be hired each year, may— (1) select, appoint, and employ individuals for up to 1 year through compensated internships in the excepted service; and (2) remove any compensated intern employed pursuant to paragraph (1) without regard to the provisions of law governing appointments in the competitive excepted service. (k) Availability of appropriations Internships offered and compensated by the Department under this section shall be funded solely by available amounts appropriated under the heading Diplomatic Programs 202. Improvements to the prevention of, and the response to, harassment, discrimination, sexual assault, and related retaliation (a) Coordination with other agencies The Secretary, in coordination with the heads of other Federal agencies that provide personnel to serve in overseas posts under Chief of Mission authority, should develop interagency policies regarding harassment, discrimination, sexual assault, and related retaliation, including policies for— (1) addressing, reporting, and providing transitioning support; (2) advocacy, service referrals, and travel accommodations; and (3) disciplining anyone who violates Department policies regarding harassment, discrimination, sexual assault, or related retaliation occurring between covered individuals and noncovered individuals. (b) Disciplinary action (1) Separation for cause Section 610(a)(1) of the Foreign Service Act of 1980 ( 22 U.S.C. 4010(a)(1) (A) by striking decide to (B) by inserting upon receiving notification from the Bureau of Diplomatic Security that such member has engaged in criminal misconduct, such as murder, rape, or other sexual assault (2) Update to manual The Director of Global Talent shall— (A) update the Grounds for Disciplinary Action List of Disciplinary Offenses and Penalties (B) communicate such updates to Department staff through publication in Department Notices. (c) Sexual assault prevention and response victim advocates (1) Placement The Secretary shall ensure that the Diplomatic Security Service’s Victims’ Resource Advocacy Program— (A) is appropriately staffed by advocates who are physically present at— (i) the headquarters of the Department; and (ii) major domestic and international facilities and embassies, as determined by the Secretary; (B) considers the logistics that are necessary to allow for the expedient travel of victims from Department facilities that do not have advocates; and (C) uses funds available to the Department to provide emergency food, shelter, clothing, and transportation for victims involved in matters being investigated by the Diplomatic Security Service. 203. Increasing the maximum amount authorized for science and technology fellowship grants and cooperative agreements Section 504(e)(3) of the Foreign Relations Authorization Act, Fiscal Year 1979 ( 22 U.S.C. 2656d(e)(3) $500,000 $2,000,000 204. Additional personnel to address backlogs in hiring and investigations (a) In general The Secretary shall seek to increase the number of personnel within the Bureau of Global Talent Management and the Office of Civil Rights to address backlogs in hiring and investigations into complaints conducted by the Office of Civil Rights. (b) Employment targets The Secretary shall seek to employ— (1) not fewer than 15 additional personnel in the Bureau of Global Talent Management and the Office of Civil Rights (compared to the number of personnel so employed as of the day before the date of the enactment of this Act) by the date that is 180 days after such date of enactment; and (2) not fewer than 15 additional personnel in such Bureau and Office (compared to the number of personnel so employed as of the day before the date of the enactment of this Act) by the date that is 1 year after such date of enactment. 205. Commission on Reform and Modernization of the Department of State (a) Short title This section may be cited as the Commission on Reform and Modernization of the Department of State Act (b) Establishment of Commission There is established, in the legislative branch, the Commission on Reform and Modernization of the Department of State (referred to in this section as the Commission (c) Purposes The purposes of the Commission are— (1) to examine the changing nature of diplomacy in the 21st century and the ways in which the Department and its personnel can modernize to advance the interests of the United States; and (2) to offer recommendations to the President and Congress related to— (A) the organizational structure of the Department of State; (B) personnel-related matters, including recruitment, promotion, training, and retention of the Department’s workforce in order to retain the best and brightest personnel and foster effective diplomacy worldwide, including measures to strengthen diversity and inclusion to ensure that the Department’s workforce represents all of America; (C) the Department of State’s infrastructure (both domestic and overseas), including infrastructure relating to information technology, transportation, and security; (D) the link among diplomacy and defense, intelligence, development, commercial, health, law enforcement, and other core United States interests; (E) core legislation that authorizes United States diplomacy, including the Foreign Service Act of 1980 ( Public Law 96–465 (F) related regulations, rules, and processes that define United States diplomatic efforts, including the Foreign Affairs Manual; (G) Chief of Mission authority at United States diplomatic missions overseas, including authority over employees of other Federal departments and agencies; and (H) treaties that impact United States overseas presence. (d) Membership (1) Composition The Commission shall be composed of 8 members, of whom— (A) 1 member shall be appointed by the chairperson of the Committee on Foreign Relations of the Senate (B) 1 member shall be appointed by the ranking member of the Committee on Foreign Relations of the Senate (C) 1 member shall be appointed by the chairperson of the Committee on Foreign Affairs of the House of Representatives (D) 1 member shall be appointed by the ranking member of the Committee on Foreign Affairs of the House of Representatives (E) 1 member shall be appointed by the majority leader of the Senate; (F) 1 member shall be appointed by the Speaker of the House of Representatives; (G) 1 member shall be appointed by the minority leader of the Senate; and (H) 1 member shall be appointed by the minority leader of the House of Representatives. (2) Qualifications; meetings (A) Membership The members of the Commission should be prominent United States citizens, with national recognition and significant depth of experience in international relations and with the Department. (B) Political party affiliation Not more than 4 members of the Commission may be from the same political party. (C) Meetings (i) Initial meeting The Commission shall hold the first meeting and begin operations as soon as practicable. (ii) Frequency The Commission shall meet at the call of the co-chairs. (iii) Quorum Five members of the Commission shall constitute a quorum for purposes of conducting business, except that 2 members of the Commission shall constitute a quorum for purposes of receiving testimony. (D) Vacancies Any vacancy in the Commission shall not affect the powers of the Commission, but shall be filled in the same manner as the original appointment. (e) Functions of Commission (1) In general The Commission shall act by resolution agreed to by a majority of the members of the Commission voting and present. (2) Panels The Commission may establish panels composed of less than the full membership of the Commission for purposes of carrying out the duties of the Commission under this section. The actions of any such panel shall be subject to the review and control of the Commission. Any findings and determinations made by such a panel may not be considered the findings and determinations of the Commission unless such findings and determinations are approved by the Commission. (3) Delegation Any member, agent, or staff of the Commission may, if authorized by the co-chairs of the Commission, take any action which the Commission is authorized to take pursuant to this section. (f) Powers of Commission (1) Hearings and evidence The Commission or any panel or member of the Commission, as delegated by the co-chairs, may, for the purpose of carrying out this section— (A) hold such hearings and meetings, take such testimony, receive such evidence, and administer such oaths as the Commission or such designated subcommittee or designated member considers necessary; (B) require the attendance and testimony of such witnesses and the production of such correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member considers necessary; and (C) subject to applicable privacy laws and relevant regulations, secure directly from any Federal department or agency information and data necessary to enable it to carry out its mission, which shall be provided by the head or acting representative of the department or agency not later than 30 days after the Commission provides a written request for such information and data. (2) Contracts The Commission, to such extent and in such amounts as are provided in appropriations Acts, may enter into contracts to enable the Commission to discharge its duties under this section. (3) Information from Federal agencies (A) In general The Commission may secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this section. (B) Furnishing information Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality, to the extent authorized by law, shall furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by a co-chair, the chair of any panel created by a majority of the Commission, or any member designated by a majority of the Commission. (C) Handling Information may only be received, handled, stored, and disseminated by members of the Commission and its staff in accordance with all applicable statutes, regulations, and Executive orders. (4) Assistance from Federal agencies (A) Secretary of State The Secretary shall provide to the Commission, on a nonreimbursable basis, such administrative services, funds, staff, facilities, and other support services as are necessary for the performance of the Commission’s duties under this section. (B) Other departments and agencies Other Federal departments and agencies may provide the Commission such services, funds, facilities, staff, and other support as such departments and agencies consider advisable and as may be authorized by law. (C) Cooperation The Commission shall receive the full and timely cooperation of any official, department, or agency of the Federal Government whose assistance is necessary, as jointly determined by the co-chairs of the Commission, for the fulfillment of the duties of the Commission, including the provision of full and current briefings and analyses. (5) Assistance from independent organizations (A) In general In order to inform its work, the Commission should review reports that were written during the 15-year period ending on the date of the enactment of this Act by independent organizations and outside experts relating to reform and modernization of the Department. (B) Avoiding duplication In analyzing the reports referred to in subparagraph (A), the Commission should pay particular attention to any specific reform proposals that have been recommended by 2 or more of such reports. (6) Postal services The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (7) Gifts The Commission may accept, use, and dispose of gifts or donations of services or property. (8) Congressional consultation Not less frequently than quarterly, the Commission shall provide a briefing to the appropriate congressional committees about the work of the Commission. (g) Staff and compensation (1) Staff (A) Compensation The co-chairs of the Commission, in accordance with rules established by the Commission, shall appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable to a person occupying a position at level V of the Executive Schedule under section 5316 of such title. (B) Detail of government employees A Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (C) Procurement of temporary and intermittent services The co-chairs of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of such title. (2) Commission members (A) Compensation (i) In general Except as provided in paragraph (2), each member of the Commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission under this section. (ii) Waiver of certain provisions Subsections (a) through (d) of section 824 of the Foreign Service Act of 1980 ( 22 U.S.C. 4064 (3) Travel expenses While away from their homes or regular places of business in the performance of service for the Commission, members and staff of the Commission, and any Federal Government employees detailed to the Commission, shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed expenses under section 5703(b) of title 5, United States Code. (4) Security clearances for Commission members and staff The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided access to classified information under this section without the appropriate security clearances. (h) Report (1) In general Not later than 18 months after the date of the enactment of this Act, the Commission shall submit a final report to the President and to Congress that— (A) examines all substantive aspects of Department personnel, management, and operations; and (B) contains such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (2) Elements The report required under paragraph (1) shall include findings, conclusions, and recommendations related to— (A) the organizational structure of the Department; (B) personnel-related matters, including recruitment, promotion, training, and retention of the Department’s workforce in order to retain the best and brightest personnel and foster effective diplomacy worldwide, including measures to strengthen diversity and inclusion to ensure that the Department’s workforce represents all of America; (C) the Department of State’s infrastructure (both domestic and overseas), including infrastructure relating to information technology, transportation, and security; (D) the link between diplomacy and defense, intelligence, development, commercial, health, law enforcement, and other core United States interests; (E) core legislation that authorizes United States diplomacy; (F) related regulations, rules, and processes that define United States diplomatic efforts, including the Foreign Affairs Manual; (G) treaties that impact United States overseas presence; (H) the authority of Chiefs of Mission at United States diplomatic missions overseas, including the degree of authority that Chiefs of Mission exercise in reality over Department employees and other Federal employees at overseas posts; (I) any other areas that the Commission considers necessary for a complete appraisal of United States diplomacy and Department management and operations; and (J) the amount of time, manpower, and financial resources that would be necessary to implement the recommendations specified under this paragraph. (3) Department response The Secretary shall have the right to review and respond to all Commission recommendations— (A) before the Commission submits its report to the President and to Congress; and (B) not later than 90 days after receiving such recommendations from the Commission. (i) Termination of Commission (1) In general The Commission, and all the authorities under this section, shall terminate on the date that is 60 days after the date on which the final report is submitted pursuant to subsection (h). (2) Administrative activities before termination The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the report. (j) Authorization of appropriations (1) In general There is authorized to be appropriated to the Commission to carry out this section $2,000,000 for fiscal year 2023. (2) Availability Amounts made available to the Commission pursuant to paragraph (1) shall remain available until the date on which the Commission is terminated pursuant to subsection (i)(1). (k) Inapplicability of certain administrative provisions (1) Federal advisory committee act The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (2) Freedom of information act The provisions of section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act 206. Foreign affairs training (a) Sense of Congress It is the sense of Congress that— (1) the Department is a crucial national security agency, whose employees, both Foreign Service and Civil Service, require the best possible training and professional development at every stage of their careers to prepare them to promote and defend United States national interests and the health and safety of United States citizens abroad; (2) the Department faces increasingly complex and rapidly evolving challenges, many of which are science- and technology-driven, and which demand continual, high-quality training and professional development of its personnel; (3) the new and evolving challenges of national security in the 21st century necessitate the expansion of standardized training and professional development opportunities linked to equitable, accountable, and transparent promotion and leadership practices for Department and other national security agency personnel; and (4) consistent with gift acceptance authority of the Department and other applicable laws in effect as of the date of the enactment of this Act, the Department and the Foreign Service Institute may accept funds and other resources from foundations, not-for-profit corporations, and other appropriate sources to help the Department and the Institute enhance the quantity and quality of training and professional development offerings, especially in the introduction of new, innovative, and pilot model courses. (b) Defined term In this section, the term appropriate committees of Congress (1) the Committee on Foreign Relations of the Senate (2) the Committee on Appropriations of the Senate (3) the Committee on Foreign Affairs of the House of Representatives (4) the Committee on Appropriations of the House of Representatives (c) Training and professional development prioritization In order to provide the Civil Service of the Department and the Foreign Service with the level of professional development and training needed to effectively advance United States interests across the world, the Secretary shall— (1) increase relevant offerings provided by the Department— (A) of interactive virtual instruction to make training and professional development more accessible and useful to personnel deployed throughout the world; or (B) at partner organizations, including universities, industry entities, and nongovernmental organizations, throughout the United States to provide useful outside perspectives to Department personnel by providing such personnel— (i) a more comprehensive outlook on different sectors of United States society; and (ii) practical experience dealing with commercial corporations, universities, labor unions, and other institutions critical to United States diplomatic success; (2) offer courses using computer-based or computer-assisted simulations, allowing civilian officers to lead decision making in a crisis environment, and encourage officers of the Department, and reciprocally, officers of other Federal departments to participate in similar exercises held by the Department or other government organizations and the private sector; and (3) increase the duration and expand the focus of certain training and professional development courses, including by extending— (A) the A–100 entry-level course to not less than 12 weeks, which better matches the length of entry-level training and professional development provided to the officers in other national security departments and agencies; and (B) the Chief of Mission course to not less than 6 weeks for first time Chiefs of Mission and creating a comparable 6-week course for new Assistant Secretaries and Deputy Assistant Secretaries to more accurately reflect the significant responsibilities accompanying such roles. (d) Fellowships The Director General of the Foreign Service shall— (1) establish new fellowship programs for Foreign Service and Civil Service officers that include short- and long-term opportunities at organizations, including— (A) think tanks and nongovernmental organizations; (B) the Department of Defense, the elements of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 (C) industry entities, especially such entities related to technology, global operations, finance, and other fields directly relevant to international affairs; and (D) schools of international relations and other relevant programs at universities throughout the United States; and (2) not later than 180 days after the date of the enactment of this Act, submit a report to Congress that describes how the Department could expand the Pearson Fellows Program for Foreign Service Officers and the Brookings Fellow Program for Civil Servants to provide fellows in such programs with the opportunity to undertake a follow-on assignment within the Department in an office in which fellows will gain practical knowledge of the people and processes of Congress, including offices other than the Legislative Affairs Bureau, including— (A) an assessment of the current state of congressional fellowships, including the demand for fellowships and the value the fellowships provide to both the career of the officer and to the Department; and (B) an assessment of the options for making congressional fellowships for both the Foreign and Civil Services more career-enhancing. (e) Board of Visitors of the Foreign Service Institute (1) Establishment Not later than 1 year after the date of the enactment of this Act, the Secretary of State shall establish a Board of Visitors of the Foreign Service Institute (referred to in this subsection as the Board (2) Duties The Board shall provide the Secretary with independent advice and recommendations regarding organizational management, strategic planning, resource management, curriculum development, and other matters of interest to the Foreign Service Institute, including regular observations about how well the Department is integrating training and professional development into the work of the Bureau for Global Talent Management. (3) Membership (A) In general The Board shall be— (i) nonpartisan; and (ii) composed of 12 members, of whom— (I) 2 members shall be appointed by the Chairperson of the Committee on Foreign Relations of the Senate (II) 2 members shall be appointed by the ranking member of the Committee on Foreign Relations of the Senate (III) 2 members shall be appointed by the Chairperson of the Committee on Foreign Affairs of the House of Representatives (IV) 2 members shall be appointed by the ranking member of the Committee on Foreign Affairs of the House of Representatives (V) 4 members shall be appointed by the Secretary. (B) Qualifications Members of the Board shall be appointed from among individuals who— (i) are not officers or employees of the Federal Government; (ii) have never been members of the Senior Foreign Service or the Senior Executive Service; and (iii) are eminent authorities in the fields of diplomacy, management, leadership, economics, trade, technology, or advanced international relations education. (C) Outside expertise Not fewer than 6 members of the Board shall have a minimum of 10 years of expertise outside the field of diplomacy. (4) Terms Each member of the Board shall be appointed for a term of 3 years, except that of the members first appointed— (A) 4 members shall be appointed for a term of 3 years; (B) 4 members shall be appointed for a term of 2 years; and (C) 4 members shall be appointed for a term of 1 year. (5) Reappointment; replacement A member of the Board may be reappointed or replaced at the discretion of the official who made the original appointment. (6) Chairperson; co-chairperson (A) Approval The Chairperson and Vice Chairperson of the Board shall be approved by the Secretary of State based upon a recommendation from the members of the Board. (B) Service The Chairperson and Vice Chairperson shall serve at the discretion of the Secretary. (7) Meetings The Board shall meet— (A) at the call of the Director of the Foreign Service Institute and the Chairperson; and (B) not fewer than 2 times per year. (8) Compensation Each member of the Board shall serve without compensation, except that a member of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 (9) Applicability of Federal Advisory Committee Act The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Board established under this subsection. (f) Establishment of Provost of the Foreign Service Institute (1) Establishment There is established in the Foreign Service Institute the position of Provost. (2) Appointment; reporting The Provost shall— (A) be appointed by the Board of Visitors of the Foreign Service Institute established under subsection (e); and (B) report to the Director of the Foreign Service Institute. (3) Qualifications The Provost— (A) may not be an individual who is an officer or employee of the Federal Government or who has ever been a career member of the Senior Foreign Service or the Senior Executive Service; and (B) shall be an eminent authority in the fields of diplomacy, education, management, leadership, economics, history, trade, or technology. (4) Duties The Provost shall— (A) oversee, review, evaluate, and coordinate the academic curriculum for all courses taught and administered by the Foreign Service Institute; (B) coordinate the implementation of a letter or numerical grading system for the performance of Foreign Service officers in courses of the Foreign Service Institute; and (C) report not less frequently than quarterly to the Board of Visitors regarding the development of curriculum and the performance of Foreign Service officers. (5) Term The Provost shall serve for a term of not fewer than 5 years and may be reappointed for 1 additional 5-year term. (6) Compensation The Provost shall receive a salary commensurate with the rank and experience of a member of the Senior Foreign Service or the Senior Executive Service, as determined by the Board of Visitors. (g) Other agency responsibilities and opportunities for congressional staff (1) Other agencies National security agencies other than the Department should be afforded the ability to increase the enrollment of their personnel in courses at the Foreign Service Institute and other training and professional development facilities of the Department to promote a whole-of-government approach to mitigating national security challenges. (2) Congressional staff Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that describes— (A) the training and professional development opportunities at the Foreign Service Institute and other Department facilities for congressional staff; (B) the budget impacts of such opportunities; and (C) potential course offerings. (h) Strategy for adapting training requirements for modern diplomatic needs (1) In general Not later than 1 year after the date of the enactment of this Act, the Secretary shall develop and submit to the appropriate committees of Congress a strategy for adapting and evolving training requirements to better meet the Department’s current and future needs for 21st century diplomacy. (2) Elements The strategy required under subsection (a) shall include the following elements: (A) Integrating training requirements into the Department’s promotion policies, including establishing educational and professional development standards for training and attainment to be used as a part of tenure and promotion guidelines. (B) Addressing multiple existing and emerging national security challenges, including— (i) democratic backsliding and authoritarianism; (ii) countering, and assisting United States allies to address, state-sponsored disinformation, including through the Global Engagement Center; (iii) cyber threats; (iv) aggression and malign influence; (v) the implications of climate change for United States diplomacy; and (vi) nuclear threats. (C) Establishing residential training for the A–100 orientation course administered by the Foreign Service Institute and evaluating the feasibility of residential training for long-term training opportunities. (3) Utilization of existing resources In establishing the residential training program pursuant to paragraph (2)(C), the Secretary shall— (A) collaborate with other national security departments and agencies that employ residential training for their orientation courses; and (B) consider using the Department's Foreign Affairs Security Training Center in Blackstone, Virginia. (i) Report and briefing requirements (1) Report Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that includes— (A) a strategy for broadening and deepening professional development and training at the Department, including assessing current and future needs for 21st century diplomacy; (B) the process used and resources needed to implement the strategy referred to in subparagraph (A) throughout the Department; and (C) the results and impact of the strategy on the workforce of the Department, particularly the relationship between professional development and training and promotions for Department personnel, and the measurement and evaluation methods used to evaluate such results. (2) Briefing Not later than 1 year after the date on which the Secretary submits the report required under paragraph (1), and annually thereafter for 2 years, the Secretary shall provide to the appropriate committees of Congress a briefing on the information required to be included in the report. (j) Foreign language maintenance incentive program (1) Authorization The Secretary is authorized to establish and implement an incentive program to encourage members of the Foreign Service who possess language proficiency in any of the languages that qualify for bonus points, as determined by the Secretary, to maintain critical foreign language skills. (2) Report Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the appropriate committees of Congress that includes a detailed plan for implementing the program authorized under paragraph (1), including anticipated resource requirements to carry out such program. (k) Department of State workforce management (1) Sense of congress It is the sense of Congress that informed, data-driven, and long-term workforce management, including with respect to the Foreign Service, the Civil Service, locally employed staff, and contractors, is needed to align diplomatic priorities with the appropriate personnel and resources. (2) Annual workforce report (A) In general In order to understand the Department’s long-term trends with respect to its workforce, the Secretary, is consultation with relevant bureaus and offices, including the Bureau of Global Talent Management, the Bureau of Consular Affairs, and the Center for Analytics, shall submit a report to the appropriate committees of Congress that details the Department’s workforce, disaggregated by Foreign Service, Civil Service, locally employed staff, and contractors, including, with respect to the reporting period— (i) the number of personnel who were hired; (ii) the number of personnel whose employment or contract was terminated or who voluntarily left the Department; (iii) the number of personnel who were promoted, including the grade to which they were promoted; (iv) the demographic breakdown of personnel; and (v) the distribution of the Department’s workforce based on domestic and overseas assignments, including a breakdown of the number of personnel in geographic and functional bureaus, and the number of personnel in overseas missions by region. (B) Initial report Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit the report described in subparagraph (A) for each of the fiscal years 2002 through 2022. (C) Recurring report Not later than December 31, 2023, and annually thereafter for the following 9 years, the Secretary shall submit the report described in subparagraph (A) for the most recently concluded fiscal year. (D) Use of report data The data in each of the reports required under this paragraph shall be used by Congress, in coordination with the Secretary, to inform recommendations on the appropriate size and composition of the Department. (l) Sense of Congress on the importance of filling the position of Undersecretary for Public Diplomacy and Public Affairs It is the sense of Congress that since a vacancy in the position of Under Secretary for Public Diplomacy and Public Affairs is detrimental to the national security interests of the United States, the President should expeditiously nominate a qualified individual to such position whenever such vacancy occurs to ensure that the bureaus reporting to such position are able to fulfill their mission of— (1) expanding and strengthening relationships between the people of the United States and citizens of other countries; and (2) engaging, informing, and understanding the perspectives of foreign audiences. (m) Report on public diplomacy Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that includes— (1) an evaluation of the May 2019 merger of the Bureau of Public Affairs and the Bureau of International Information Programs into the Bureau of Global Public Affairs with respect to— (A) the efficacy of the current configuration of the bureaus reporting to the Under Secretary for Public Diplomacy and Public Affairs in achieving the mission of the Department; (B) the metrics before and after such merger, including personnel data, disaggregated by position and location, content production, opinion polling, program evaluations, and media appearances; (C) the results of a survey of public diplomacy practitioners to determine their opinion of the efficacy of such merger and any adjustments that still need to be made; and (D) a plan for evaluating and monitoring, not less frequently than once every 2 years, the programs, activities, messaging, professional development efforts, and structure of the Bureau of Global Public Affairs, and submitting a summary of each such evaluation to the appropriate committees of Congress; and (2) a review of recent outside recommendations for modernizing diplomacy at the Department with respect to public diplomacy efforts, including— (A) efforts in each of the bureaus reporting to the Under Secretary for Public Diplomacy and Public Affairs to address issues of diversity and inclusion in their work, structure, data collection, programming, and personnel, including any collaboration with the Chief Officer for Diversity and Inclusion; (B) proposals to collaborate with think tanks and academic institutions working on public diplomacy issues to implement recent outside recommendations; and (C) additional authorizations and appropriations necessary to implement such recommendations. 207. Security clearance approval process (a) Recommendations Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit recommendations to the appropriate congressional committees for streamlining the security clearance approval process within the Bureau of Diplomatic Security so that the security clearance approval process for Civil Service and Foreign Service applicants is completed within 6 months, on average, and within 1 year, in the vast majority of cases. (b) Report Not later than 90 days after the recommendations are submitted pursuant to subsection (a), the Secretary shall submit a report to the appropriate congressional committees that— (1) describes the status of the efforts of the Department to streamline the security clearance approval process; and (2) identifies any remaining obstacles preventing security clearances from being completed within the time frames set forth in subsection (a), including lack of cooperation or other actions by other Federal departments and agencies. 208. Addendum for study on foreign service allowances (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees an addendum to the report required under section 5302 of the Department of State Authorization Act of 2021 (division E of Public Law 117–81 Report on Bidding for Domestic and Overseas Posts and Filling Unfilled Positions (b) Elements The addendum required under subsection (a) shall include— (1) the total number of domestic and overseas positions open during the most recent summer bidding cycle; (2) the total number of bids each position received; (3) the number of unfilled positions at the conclusion of the most recent summer bidding cycle, disaggregated by bureau; and (4) detailed recommendations and a timeline for— (A) increasing the number of qualified bidders for underbid positions; and (B) minimizing the number of unfilled positions at the end of bidding season. 209. Curtailments, removals from post, and waivers of privileges and immunities (a) Curtailments report (1) In general Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary shall submit a report to the appropriate congressional committees regarding curtailments of Department personnel from overseas posts. (2) Contents The Secretary shall include in the report required under paragraph (1)— (A) relevant information about any post that, during the 6-month period preceding the report— (i) had more than 5 curtailments; or (ii) had curtailments representing more than 5 percent of Department personnel at such post; and (B) for each post referred to in subparagraph (A), the number of curtailments, disaggregated by month of occurrence. (b) Removal of diplomats Not later than 5 days after the date on which any United States personnel under Chief of Mission authority is declared persona non grata by a host government, the Secretary shall— (1) notify the appropriate congressional committees of such declaration; and (2) include with such notification— (A) the official reason for such declaration (if provided by the host government); (B) the date of the declaration; and (C) whether the Department responded by declaring a host government’s diplomat in the United States persona non grata. (c) Waiver of privileges and immunities Not later than 15 days after any waiver of privileges and immunities pursuant to the Vienna Convention on Diplomatic Relations, done at Vienna April 18, 1961, that is applicable to an entire diplomatic post or to the majority of United States personnel under Chief of Mission authority, the Secretary shall notify the appropriate congressional committees of such waiver and the reason for such waiver. (d) Termination This section shall terminate on the date that is 5 years after the date of the enactment of this Act. 210. Report on worldwide availability (a) In general Not later than 270 days after enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees on the feasibility of requiring that each member of the Foreign Service, at the time of entry into the Foreign Service and thereafter, be worldwide available, as determined by the Secretary. (b) Contents The report required under subsection (a) shall include— (1) the feasibility of a worldwide availability requirement for all members of the Foreign Service; (2) considerations if such a requirement were to be implemented, including the potential effect on recruitment and retention; and (3) recommendations for exclusions and limitations, including exemptions for medical reasons, disability, and other circumstances. 211. Professional development (a) Requirements The Secretary shall strongly encourage that Foreign Service officers seeking entry into the Senior Foreign Service participate in professional development described in subsection (c). (b) Requirements Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit recommendations on requiring that Foreign Service officers complete professional development described in subsection (c) to be eligible for entry into the Senior Foreign Service. (c) Professional development described Professional development described in this subsection is not less than 6 months of training or experience outside of the Department, including time spent— (1) as a detailee to another government agency, including Congress or a State, Tribal, or local government; (2) in Department-sponsored and -funded university training that results in an advanced degree, excluding time spent at a university that is fully funded or operated by the Federal Government. (d) Promotion precepts The Secretary shall instruct promotion boards to consider positively long-term training and out-of-agency detail assignments. 212. Management assessments at diplomatic and consular posts (a) In general Beginning not later than 1 year after the date of the enactment of this Act, the Secretary shall annually conduct, at each diplomatic and consular post, a voluntary survey, which shall be offered to all staff assigned to that post who are citizens of the United States (excluding the Chief of Mission) to assess the management and leadership of that post by the Chief of Mission, the Deputy Chief of Mission, and the Charge d'Affaires. (b) Anonymity All responses to the survey shall be— (1) fully anonymized; and (2) made available to the Director General of the Foreign Service. (c) Survey The survey shall seek to assess— (1) the general morale at post; (2) the presence of any hostile work environment; (3) the presence of any harassment, discrimination, retaliation, or other mistreatment; and (4) effective leadership and collegial work environment. (d) Director General recommendations Upon compilation and review of the surveys, the Director General of the Foreign Service shall issue recommendations to posts, as appropriate, based on the findings of the surveys. (e) Referral If the surveys reveal any action that is grounds for referral to the Inspector General of the Department of State and the Foreign Service, the Director General of the Foreign Service may refer the matter to the Inspector General of the Department of State and the Foreign Service, who shall, as the Inspector General considers appropriate, conduct an inspection of the post in accordance with section 209(b) of the Foreign Service Act of 1980 ( 22 U.S.C. 3929(b) (f) Annual report The Director General of the Foreign Service shall submit an annual report to the appropriate congressional committees that includes— (1) any trends or summaries from the surveys; (2) the posts where corrective action was recommended or taken in response to any issues identified by the surveys; and (3) the number of referrals to the Inspector General of the Department of State and the Foreign Service, as applicable. (g) Initial basis The Secretary shall carry out the surveys required under this section on an initial basis for 5 years. III Embassy security and construction 301. Amendments to Secure Embassy Construction and Counterterrorism Act of 1999 (a) Short title This section may be cited as the Secure Embassy Construction and Counterterrorism Act of 2022 (b) Findings Congress makes the following findings: (1) The Secure Embassy Construction and Counterterrorism Act of 1999 (title VI of division A of appendix G of Public Law 106–113 (2) Those bombings, followed by the expeditionary diplomatic efforts in Iraq and Afghanistan, demonstrated the need to prioritize the security of United States posts and personnel abroad above other considerations. (3) Between 1999 and 2022, the risk calculus of the Department impacted the ability of United States diplomats around the world to advance the interests of the United States through access to local populations, leaders, and places. (4) America's competitors and adversaries do not have the same restrictions that United States diplomats have, especially in critically important medium-threat and high-threat posts. (5) The Department’s 2021 Overseas Security Panel report states that— (A) the requirement for setback and collocation of diplomatic posts under paragraphs (2) and (3) of section 606(a) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865(a) (B) the locations of such posts have become less desirable, creating an extremely suboptimal nexus that further hinders United States diplomats who are willing to accept more risk in order to advance United States interests. (c) Sense of Congress It is the sense of Congress that— (1) the setback and collocation requirements referred to in subsection (b)(5)(A), even with available waivers, no longer provide the security such requirements used to provide because of advancement in technologies, such as remote controlled drones, that can evade walls and other such static barriers; (2) the Department should focus on creating performance security standards that— (A) attempt to keep the setback requirements of diplomatic posts as limited as possible; and (B) provide diplomats access to local populations as much as possible, while still providing a necessary level of security; (3) collocation of diplomatic facilities is often not feasible or advisable, particularly for public diplomacy spaces whose mission is to reach and be accessible to wide sectors of the public, including in countries with repressive governments, since such spaces are required to permit the foreign public to enter and exit the space easily and openly; (4) the Bureau of Diplomatic Security should— (A) fully utilize the waiver process provided under paragraphs (2)(B) and (3)(B) of section 606(a) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865(a) (B) appropriately exercise such waiver process as a tool to right-size the appropriate security footing at each diplomatic post rather than only approving waivers in extreme circumstances; (5) the return of great power competition requires— (A) United States diplomats to do all they can to outperform our adversaries; and (B) the Department to better optimize use of taxpayer funding to advance United States national interests; and (6) this section will better enable United States diplomats to compete in the 21st century, while saving United States taxpayers millions in reduced property and maintenance costs at embassies and consulates abroad. (d) Definition of United States diplomatic facility Section 603 of the Secure Embassy Construction and Counterterrorism Act of 1999 (title VI of division A of appendix G of Public Law 106–113 603. United States diplomatic facility defined In this title, the terms United States diplomatic facility diplomatic facility (1) is considered by the Secretary of State to be diplomatic or consular premises, consistent with the Vienna Convention on Diplomatic Relations, done at Vienna April 18, 1961, and the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, and was notified to the host government as such; or (2) is otherwise subject to a publicly available bilateral agreement with the host government (contained in the records of the United States Department of State) that recognizes the official status of the United States Government personnel present at the facility. . (e) Guidance and requirements for diplomatic facilities (1) Guidance for closure of public diplomacy facilities Section 5606(a) of the Public Diplomacy Modernization Act of 2021 ( Public Law 117–81 22 U.S.C. 1475g (a) In general In order to preserve public diplomacy facilities that are accessible to the publics of foreign countries, not later than 180 days after the date of the enactment of the Secure Embassy Construction and Counterterrorism Act of 2022 22 U.S.C. 4865 et seq. . (2) Security requirements for United States diplomatic facilities Section 606(a) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865(a) (A) in paragraph (1)(A), by striking the threat a range of threats, including that (B) in paragraph (2)— (i) in subparagraph (A)— (I) by inserting in a location that has certain minimum ratings under the Security Environment Threat List as determined by the Secretary in his or her discretion abroad (II) by inserting , personnel of the Peace Corps, and personnel of any other type or category of facility that the Secretary may identify military commander (ii) in subparagraph (B)— (I) by amending clause (i) to read as follows: (i) In general Subject to clause (ii), the Secretary of State may waive subparagraph (A) if the Secretary, in consultation with, as appropriate, the head of each agency employing personnel that would not be located at the site, if applicable, determines that it is in the national interest of the United States after taking account of any considerations the Secretary in his or her discretion considers relevant, which may include security conditions. ; and (II) in clause (ii), by striking (ii) Chancery or consulate building 15 days prior (ii) Chancery or consulate building Prior ; and (C) in paragraph (3)— (i) by amending subparagraph (A) to read as follows: (A) Requirement (i) In general Each newly acquired United States diplomatic facility in a location that has certain minimum ratings under the Security Environment Threat List as determined by the Secretary of State in his or her discretion shall— (I) be constructed or modified to meet the measured building blast performance standard applicable to a diplomatic facility sited not less than 100 feet from the perimeter of the property on which the facility is situated; or (II) fulfill the criteria described in clause (ii). (ii) Alternative engineering equivalency standard requirement Each facility referred to in clause (i) may, instead of meeting the requirement under such clause, fulfill such other criteria as the Secretary is authorized to employ to achieve an engineering standard of security and degree of protection that is equivalent to the numerical perimeter distance setback described in such clause seeks to achieve. ; and (ii) in subparagraph (B)— (I) in clause (i)— (aa) by striking security considerations permit and (bb) by inserting after taking account of any considerations the Secretary in his or her discretion considers relevant, which may include security conditions national interest of the United States (II) in clause (ii), by striking (ii) Chancery or consulate building 15 days prior (ii) Chancery or consulate building Prior ; and (III) in clause (iii), by striking an annual a quarterly 302. Diplomatic support and security (a) Short title This section may be cited as the Diplomatic Support and Security Act of 2022 (b) Findings Congress makes the following findings: (1) A robust overseas diplomatic presence is part of an effective foreign policy, particularly in volatile environments where a flexible and timely diplomatic response can be decisive in preventing and addressing conflict. (2) Diplomats routinely put themselves and their families at great personal risk to serve their country overseas where they face threats related to international terrorism, violent conflict, and public health. (3) The Department has a remarkable record of protecting personnel while enabling an enormous amount of global diplomatic activity, often in unsecure and remote places and facing a variety of evolving risks and threats. With support from Congress, the Department of State has revised policy, improved physical security through retrofitting and replacing old facilities, deployed additional security personnel and armored vehicles, and greatly enhanced training requirements and training facilities, including the new Foreign Affairs Security Training Center in Blackstone, Virginia. (4) Diplomatic missions rely on robust staffing and ambitious external engagement to advance United States interests as diverse as competing with China’s malign influence around the world, fighting terrorism and transnational organized crime, preventing and addressing violent conflict and humanitarian disasters, promoting United States businesses and trade, protecting the rights of marginalized groups, addressing climate change, and preventing pandemic disease. (5) Efforts to protect personnel overseas have often resulted in inhibiting diplomatic activity and limiting engagement between embassy personnel and local governments and populations. (6) Given that Congress currently provides annual appropriations in excess of $1,900,000,000 for embassy security, construction, and maintenance, the Department should be able ensure a robust overseas presence without inhibiting the ability of diplomats to— (A) meet outside United States secured facilities with foreign leaders to explain, defend, and advance United States priorities; (B) understand and report on foreign political, social, and economic conditions through meeting and interacting with community officials outside of United States facilities; (C) provide United States citizen services; and (D) collaborate and, at times, compete with other diplomatic missions, particularly those, such as that of the People’s Republic of China, that do not have restrictions on meeting locations. (7) Given these stakes, Congress has a responsibility to empower, support, and hold the Department accountable for implementing an aggressive strategy to ensure a robust overseas presence that mitigates potential risks and adequately considers the myriad direct and indirect consequences of a lack of diplomatic presence. (c) Encouraging expeditionary diplomacy (1) Purpose Section 102(b) of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4801(b) (A) by amending paragraph (3) to read as follows: (3) to promote strengthened security measures, institutionalize a culture of learning, and, in the case of apparent gross negligence or breach of duty, recommend that the Secretary investigate accountability for United States Government personnel with security-related responsibilities; ; (B) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (C) by inserting after paragraph (3) the following: (4) to support a culture of risk management, instead of risk avoidance, that enables the Department of State to pursue its vital goals with full knowledge that it is neither desirable nor possible for the Department to avoid all risks; . (2) Briefings on embassy security Section 105(a)(1) of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4804(a) (A) by striking any plans to open or reopen a high risk, high threat post progress towards opening or reopening a high risk, high threat post, and the risk to national security of the continued closure or any suspension of operations and remaining barriers to doing so (B) in subparagraph (A), by inserting the risk to United States national security of the post’s continued closure or suspension of operations, national security of the United States, (C) in subparagraph (C), by inserting the type and level of security threats such post could encounter, and security tripwires (d) Security review committees (1) In general Section 301 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4831 (A) in the section heading, by striking Accountability Review Boards Security Review Committees (B) in subsection (a)— (i) by amending paragraph (1) to read as follows: (1) Convening the security review committee In any case of a serious security incident involving loss of life, serious injury, or significant destruction of property at, or related to, a United States Government diplomatic mission abroad (referred to in this title as a Serious Security Incident ; (C) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (D) by inserting after paragraph (1) the following: (2) Committee composition The Secretary shall designate a Chairperson and may designate additional personnel of commensurate seniority to serve on the Security Review Committee, which shall include— (A) the Director of the Office of Management Strategy and Solutions; (B) the Assistant Secretary responsible for the region where the incident occurred; (C) the Assistant Secretary of State for Diplomatic Security; (D) the Assistant Secretary of State for Intelligence and Research; (E) an Assistant Secretary-level representative from any involved United States Government department or agency; and (F) other personnel determined to be necessary or appropriate. ; (i) in paragraph (3), as redesignated by clause (ii)— (I) in the paragraph heading, by striking Department of Defense facilities and personnel Exceptions to convening a security review committee (II) by striking The Secretary of State is not required to convene a Board in the case (A) In general The Secretary of State is not required to convene a Security Review Committee— (i) if the Secretary determines that the incident involves only causes unrelated to security, such as when the security at issue is outside of the scope of the Secretary of State’s security responsibilities under section 103; (ii) if operational control of overseas security functions has been delegated to another agency in accordance with section 106; (iii) if the incident is a cybersecurity incident and is covered by other review mechanisms; or (iv) in the case ; and (III) by striking In any such case (B) Department of Defense investigations In the case of an incident described in subparagraph (A)(iv) ; and (E) by adding at the end the following: (5) Rulemaking The Secretary of State shall promulgate regulations defining the membership and operating procedures for the Security Review Committee and provide such guidance to the Chair and ranking members of the Committee on Foreign Relations of the Senate Committee on Foreign Affairs of the House of Representatives ; (2) in subsection (b)— (A) in the subsection heading, by striking Boards Security Review Committees (B) by amending paragraph (1) to read as follows: (1) In general The Secretary of State shall convene an SRC not later than 60 days after the occurrence of an incident described in subsection (a)(1), or 60 days after the Department first becomes aware of such an incident, whichever is earlier, except that the 60-day period for convening an SRC may be extended for one additional 60-day period if the Secretary determines that the additional period is necessary. ; and (3) by amending subsection (c) to read as follows: (c) Congressional notification Whenever the Secretary of State convenes a Security Review Committee, the Secretary shall promptly inform the chair and ranking member of the Committee on Foreign Relations of the Senate Committee on Foreign Affairs of the House of Representatives . (e) Technical and conforming amendments Section 302 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4832 (1) in the section heading, by striking Accountability Review Board Security Review Committee (2) by striking a Board a Security Review Committee (f) Serious security incident investigation process Section 303 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4833 303. Serious Security Incident investigation process (a) Investigation process (1) Initiation upon reported incident A United States mission shall submit an initial report of a Serious Security Incident not later than 3 days after such incident occurs, whenever feasible, at which time an investigation of the incident shall be initiated. (2) Investigation Not later than 10 days after the submission of a report pursuant to paragraph (1), the Secretary shall direct the Diplomatic Security Service to assemble an investigative team to investigate the incident and independently establish what occurred. Each investigation under this subsection shall cover— (A) an assessment of what occurred, who perpetrated or is suspected of having perpetrated the Serious Security Incident, and whether applicable security procedures were followed; (B) in the event the Serious Security Incident involved a United States diplomatic compound, motorcade, residence, or other facility, an assessment of whether adequate security countermeasures were in effect based on known threat at the time of the incident; (C) if the incident involved an individual or group of officers, employees, or family members under Chief of Mission security responsibility conducting approved operations or movements outside the United States mission, an assessment of whether proper security briefings and procedures were in place and whether weighing of risk of the operation or movement took place; and (D) an assessment of whether the failure of any officials or employees to follow procedures or perform their duties contributed to the security incident. (3) Investigative team The investigative team assembled pursuant to paragraph (2) shall consist of individuals from the Diplomatic Security Service who shall provide an independent examination of the facts surrounding the incident and what occurred. The Secretary, or the Secretary’s designee, shall review the makeup of the investigative team for a conflict, appearance of conflict, or lack of independence that could undermine the results of the investigation and may remove or replace any members of the team to avoid such an outcome. (b) Report of investigation Not later than 90 days after the occurrence of a Serious Security Incident, the investigative team investigating the incident shall prepare and submit a Report of Investigation to the Security Review Committee that includes— (1) a detailed description of the matters set forth in subparagraphs (A) through (D) of subsection (a)(2), including all related findings; (2) a complete and accurate account of the casualties, injuries, and damage resulting from the incident; and (3) a review of security procedures and directives in place at the time of the incident. (c) Confidentiality The investigative team investigating a Serious Security Incident shall adopt such procedures with respect to confidentiality as determined necessary, including procedures relating to the conduct of closed proceedings or the submission and use of evidence in camera, to ensure in particular the protection of classified information relating to national defense, foreign policy, or intelligence matters. The Director of National Intelligence shall establish the level of protection required for intelligence information and for information relating to intelligence personnel included in the report required under subsection (b). The Security Review Committee shall determine the level of classification of the final report prepared pursuant to section 304(b), and shall incorporate the same confidentiality measures in such report to the maximum extent practicable. . (g) Findings and recommendations of the Security Review Committee Section 304 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4834 304. Security Review Committee findings and report (a) Findings The Security Review Committee shall— (1) review the Report of Investigation prepared pursuant to section 303(b), and all other evidence, reporting, and relevant information relating to a Serious Security Incident at a United States mission abroad, including an examination of the facts and circumstances surrounding any serious injuries, loss of life, or significant destruction of property resulting from the incident; and (2) determine, in writing— (A) whether the incident was security related and constituted a Serious Security Incident; (B) if the incident involved a diplomatic compound, motorcade, residence, or other mission facility— (i) whether the security systems, security countermeasures, and security procedures operated as intended; and (ii) whether such systems worked to materially mitigate the attack or were found to be inadequate to mitigate the threat and attack; (C) if the incident involved an individual or group of officers conducting an approved operation outside the mission, whether a valid process was followed in evaluating the requested operation and weighing the risk of the operation, which determination shall not seek to assign accountability for the incident unless the Security Review Committee determines that an official breached his or her duty; (D) the impact of intelligence and information availability, and whether the mission was aware of the general operating threat environment or any more specific threat intelligence or information and took that into account in ongoing and specific operations; and (E) any other facts and circumstances that may be relevant to the appropriate security management of United States missions abroad. (b) Report (1) Submission to secretary of state Not later than 60 days after receiving the Report of Investigation prepared pursuant to section 303(b), the Security Review Committee shall submit a report to the Secretary of State that includes— (A) the findings described in subsection (a); and (B) any related recommendations. (2) Submission to Congress Not later than 90 days after receiving the report pursuant to paragraph (1), the Secretary of State shall submit a copy of the report to the Committee on Foreign Relations of the Senate Committee on Foreign Affairs of the House of Representatives (c) Personnel recommendations If in the course of conducting an investigation under section 303, the investigative team finds reasonable cause to believe any individual described in section 303(a)(2)(D) has breached the duty of that individual or finds lesser failures on the part of an individual in the performance of his or her duties related to the incident, it shall be reported to the SRC. If the SRC find reasonable cause to support the determination, it shall be reported to the Secretary for appropriate action. . (h) Relation to other proceedings Section 305 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4835 (1) by inserting (a) No effect on existing remedies or defenses Nothing in this title (2) by adding at the end the following: (b) Future inquiries Nothing in this title may be construed to preclude the Secretary of State from convening a followup public board of inquiry to investigate any security incident if the incident was of such magnitude or significance that an internal process is deemed insufficient to understand and investigate the incident. All materials gathered during the procedures provided under this title shall be provided to any related board of inquiry convened by the Secretary. . IV A diverse workforce: recruitment, retention, and promotion 401. Report on barriers to applying for employment with the Department of State Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that— (1) identifies any barriers for applicants applying for employment with the Department; (2) provides demographic data of online applicants during the most recent 3 years disaggregated by race, ethnicity, gender, age, veteran status, disability, geographic region, and any other categories determined by the Secretary; (3) assesses any barriers that exist for applying online for employment with the Department, disaggregated by race, ethnicity, gender, age, veteran status, disability, geographic region, and any other categories determined by the Secretary; and (4) includes recommendations for addressing any disparities identified in the online application process. 402. Collection, analysis, and dissemination of workforce data (a) Initial report Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that includes disaggregated demographic data and other information regarding the diversity of the workforce of the Department. (b) Data The report required under subsection (a) shall include, to the maximum extent that the collection and dissemination of such data can be done in a way that protects the confidentiality of individuals and is otherwise permissible by law— (1) demographic data on each element of the workforce of the Department during the 5-year period ending on the date of the enactment of this Act, disaggregated by rank and grade or grade-equivalent, with respect to— (A) individuals hired to join the workforce; (B) individuals promoted, including promotions to and within the Senior Executive Service or the Senior Foreign Service; (C) individuals serving as special assistants in any of the offices of the Secretary of State, the Deputy Secretary of State, the Counselor of the Department of State, the Secretary’s Policy Planning Staff, the Under Secretary of State for Arms Control and International Security, the Under Secretary of State for Civilian Security, Democracy, and Human Rights, the Under Secretary of State for Economic Growth, Energy, and the Environment, the Under Secretary of State for Management, the Under Secretary of State for Political Affairs, and the Under Secretary of State for Public Diplomacy and Public Affairs; (D) individuals serving in each bureau’s front office; (E) individuals serving as detailees to the National Security Council; (F) individuals serving on applicable selection boards; (G) members of any external advisory committee or board who are subject to appointment by individuals at senior positions in the Department; (H) individuals participating in professional development programs of the Department and the extent to which such participants have been placed into senior positions within the Department after such participation; (I) individuals participating in mentorship or retention programs; and (J) individuals who separated from the agency, including individuals in the Senior Executive Service or the Senior Foreign Service; (2) an assessment of agency compliance with the essential elements identified in Equal Employment Opportunity Commission Management Directive 715, effective October 1, 2003; and (3) data on the overall number of individuals who are part of the workforce, the percentages of such workforce corresponding to each element specified in paragraph (1), and the percentages corresponding to each rank, grade, or grade equivalent. (c) Effectiveness of Department efforts The report required under subsection (a) shall describe and assess the effectiveness of the efforts of the Department— (1) to propagate fairness, impartiality, and inclusion in the work environment, both domestically and abroad; (2) to enforce anti-harassment and anti-discrimination policies, both domestically and at posts overseas; (3) to refrain from engaging in unlawful discrimination in any phase of the employment process, including recruitment, hiring, evaluation, assignments, promotion, retention, and training; (4) to prevent retaliation against employees for participating in a protected equal employment opportunity activity or for reporting sexual harassment or sexual assault; (5) to provide reasonable accommodation for qualified employees and applicants with disabilities; and (6) to recruit a representative workforce by— (A) recruiting women, persons with disabilities, and minorities; (B) recruiting at women’s colleges, historically Black colleges and universities, minority-serving institutions, and other institutions serving a significant percentage of minority students; (C) placing job advertisements in newspapers, magazines, and job sites oriented toward women and minorities; (D) sponsoring and recruiting at job fairs in urban and rural communities and at land-grant colleges or universities; (E) providing opportunities through the Foreign Service Internship Program under chapter 12 of the Foreign Service Act of 1980 ( 22 U.S.C. 4141 et seq. (F) recruiting mid-level and senior-level professionals through programs designed to increase representation in international affairs of people belonging to traditionally under- (G) offering the Foreign Service written and oral assessment examinations in several locations throughout the United States or via online platforms to reduce the burden of applicants having to travel at their own expense to take either or both such examinations; (H) expanding the use of paid internships; and (I) supporting recruiting and hiring opportunities through— (i) the Charles B. Rangel International Affairs Fellowship Program; (ii) the Thomas R. Pickering Foreign Affairs Fellowship Program; and (iii) other initiatives, including agencywide policy initiatives. (d) Annual report (1) In general Not later than 1 year after the publication of the report required under subsection (a), the Secretary of State shall submit a report to the appropriate congressional committees, and make such report available on the Department’s website, that includes, without compromising the confidentiality of individuals and to the extent otherwise consistent with law— (A) disaggregated demographic data, to the maximum extent that collection of such data is permissible by law, relating to the workforce and information on the status of diversity and inclusion efforts of the Department; (B) an analysis of applicant flow data, to the maximum extent that collection of such data is permissible by law; and (C) disaggregated demographic data relating to participants in professional development programs of the Department and the rate of placement into senior positions for participants in such programs. (2) Combination with other annual report The report required under paragraph (1) may be combined with another annual report required by law, to the extent practicable. 403. Centers of Excellence in Foreign Affairs and Assistance (a) Purpose The purposes of this section are— (1) to advance the values and interests of the United States overseas through programs that foster innovation, competitiveness, and a diversity of backgrounds, views, and experience in the formulation and implementation of United States foreign policy and assistance; and (2) to create opportunities for specialized research, education, training, professional development, and leadership opportunities for historically under-represented populations within the Department and USAID. (b) Study (1) In general The Secretary and the Administrator of USAID shall conduct a study on the feasibility of establishing Centers of Excellence in Foreign Affairs and Assistance (referred to in this section as the Centers of Excellence (2) Elements In conducting the study required under paragraph (1), the Secretary and the Administrator, respectively, shall consider— (A) opportunities to enter into public-private partnerships that will— (i) increase diversity in foreign affairs and foreign assistance Federal careers; (ii) prepare a diverse cadre of students (including nontraditional, mid-career, part-time, and heritage students) and nonprofit or business professionals with the skills and education needed to meaningfully contribute to the formulation and execution of United States foreign policy and assistance; (iii) support the conduct of research, education, and extension programs that reflect diverse perspectives and a wide range of views of world regions and international affairs— (I) to assist in the development of regional and functional foreign policy skills; (II) to strengthen international development and humanitarian assistance programs; and (III) to strengthen democratic institutions and processes in policymaking, including supporting public policies that engender equitable and inclusive societies and focus on challenges and inequalities in education, health, wealth, justice, and other sectors faced by diverse communities; (iv) enable domestic and international educational, internship, fellowship, faculty exchange, training, employment or other innovative programs to acquire or strengthen knowledge of foreign languages, cultures, societies, and international skills and perspectives; (v) support collaboration among institutions of higher education, including community colleges, nonprofit organizations, and corporations, to strengthen the engagement between experts and specialists in the foreign affairs and foreign assistance fields; and (vi) leverage additional public-private partnerships with nonprofit organizations, foundations, corporations, institutions of higher education, and the Federal Government; and (B) budget and staffing requirements, including appropriate sources of funding, for the establishment and conduct of operations of such Centers of Excellence. (c) Report Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that contains the findings of the study conducted pursuant to subsection (b). V Information security and cyber diplomacy 501. United States international cyberspace policy (a) In general It is the policy of the United States— (1) to work internationally to promote an open, interoperable, reliable, and secure internet governed by the multi-stakeholder model, which— (A) promotes democracy, the rule of law, and human rights, including freedom of expression; (B) supports the ability to innovate, communicate, and promote economic prosperity; and (C) is designed to protect privacy and guard against deception, fraud, and theft; (2) to encourage and aid United States allies and partners in improving their own technological capabilities and resiliency to pursue, defend, and protect shared interests and values, free from coercion and external pressure; and (3) in furtherance of the efforts described in paragraphs (1) and (2)— (A) to provide incentives to the private sector to accelerate the development of the technologies referred to in such paragraphs; (B) to modernize and harmonize with allies and partners export controls and investment screening regimes and associated policies and regulations; and (C) to enhance United States leadership in technical standards-setting bodies and avenues for developing norms regarding the use of digital tools. (b) Implementation In implementing the policy described in subsection (a), the President, in consultation with outside actors, as appropriate, including private sector companies, nongovernmental organizations, security researchers, and other relevant stakeholders, in the conduct of bilateral and multilateral relations, shall strive— (1) to clarify the applicability of international laws and norms to the use of information and communications technology (referred to in this subsection as ICT (2) to reduce and limit the risk of escalation and retaliation in cyberspace, damage to critical infrastructure, and other malicious cyber activity that impairs the use and operation of critical infrastructure that provides services to the public; (3) to cooperate with like-minded countries that share common values and cyberspace policies with the United States, including respect for human rights, democracy, and the rule of law, to advance such values and policies internationally; (4) to encourage the responsible development of new, innovative technologies and ICT products that strengthen a secure internet architecture that is accessible to all; (5) to secure and implement commitments on responsible country behavior in cyberspace, including commitments by countries— (A) to not conduct, or knowingly support, cyber-enabled theft of intellectual property, including trade secrets or other confidential business information, with the intent of providing competitive advantages to companies or commercial sectors; (B) to take all appropriate and reasonable efforts to keep their territories clear of intentionally wrongful acts using ICT in violation of international commitments; (C) not to conduct or knowingly support ICT activity that intentionally damages or otherwise impairs the use and operation of critical infrastructure providing services to the public, in violation of international law; (D) to take appropriate measures to protect the country's critical infrastructure from ICT threats; (E) not to conduct or knowingly support malicious international activity that harms the information systems of authorized emergency response teams (also known as computer emergency response teams cybersecurity incident response teams (F) to respond to appropriate requests for assistance to mitigate malicious ICT activity emanating from their territory and aimed at the critical infrastructure of another country; (G) to not restrict cross-border data flows or require local storage or processing of data; and (H) to protect the exercise of human rights and fundamental freedoms on the internet, while recognizing that the human rights that people have offline also need to be protected online; and (6) to advance, encourage, and support the development and adoption of internationally recognized technical standards and best practices. 502. Bureau of Cyberspace and Digital Policy (a) In general Section 1 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a (1) by redesignating subsections (i) and (j) as subsection (j) and (k), respectively; (2) by redesignating subsection (h) (as added by section 361(a)(1) of division FF of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 (3) by inserting after subsection (h) the following: (i) Bureau of Cyberspace and Digital Policy (1) In general There is established, within the Department of State, the Bureau of Cyberspace and Digital Policy (referred to in this subsection as the Bureau (2) Duties (A) In general The head of the Bureau shall perform such duties and exercise such powers as the Secretary of State shall prescribe, including implementing the policy described in section 501(a) of the Department of State Authorization Act of 2022 (B) Duties described The principal duties and responsibilities of the head of the Bureau shall be— (i) to serve as the principal cyberspace policy official within the senior management of the Department of State and as the advisor to the Secretary of State for cyberspace and digital issues; (ii) to lead, coordinate, and execute, in coordination with other relevant bureaus and offices, the Department of State’s diplomatic cyberspace, cybersecurity (including efforts related to data privacy, data flows, internet governance, information and communications technology standards, and other issues that the Secretary has assigned to the Bureau); (iii) to advance United States national security and foreign policy interests in cyberspace and to coordinate cyberspace policy and other relevant functions with the Department of State and with other components of the Federal Government; (iv) to promote an open, interoperable, reliable, and secure information and communications technology infrastructure globally; (v) to represent the Secretary of State in interagency efforts to develop and advance Federal Government cyber priorities and activities, including efforts to develop credible national capabilities, strategies, and policies to deter and counter cyber adversaries, and carry out the purposes of title V of the Department of State Authorization Act of 2022 (vi) to engage civil society, the private sector, academia, and other public and private entities on relevant international cyberspace and information and communications technology issues; (vii) to lead United States Government efforts to uphold and further develop global deterrence frameworks for malicious cyber activity; (viii) to advise the Secretary of State and coordinate with foreign governments regarding responses to national security-level cyber incidents, including coordination on diplomatic response efforts to support allies and partners threatened by malicious cyber activity, in conjunction with members of the North Atlantic Treaty Organization and like-minded countries; (ix) to promote the building of foreign capacity relating to cyberspace policy priorities; (x) to promote an open, interoperable, reliable, and secure information and communications technology infrastructure globally and an open, interoperable, secure, and reliable internet governed by the multi-stakeholder model; (xi) to promote an international regulatory environment for technology investments and the internet that benefits United States economic and national security interests; (xii) to promote cross-border flow of data and combat international initiatives seeking to impose unreasonable requirements on United States businesses; (xiii) to promote international policies to protect the integrity of United States and international telecommunications infrastructure from foreign-based threats, including cyber-enabled threats; (xiv) to lead engagement, in coordination with relevant executive branch agencies, with foreign governments on relevant international cyberspace, cybersecurity, cybercrime, and digital economy issues described in title V of the Department of State Authorization Act of 2022 (xv) to promote international policies to secure radio frequency spectrum for United States businesses and national security needs; (xvi) to promote and protect the exercise of human rights, including freedom of speech and religion, through the internet; (xvii) to build capacity of United States diplomatic officials to engage on cyberspace issues; (xviii) to encourage the development and adoption by foreign countries of internationally recognized standards, policies, and best practices; (xix) to support efforts by the Global Engagement Center to counter cyber-enabled information operations against the United States or its allies and partners; and (xx) to conduct such other matters as the Secretary of State may assign. (3) Qualifications The head of the Bureau should be an individual of demonstrated competency in the fields of— (A) cybersecurity and other relevant cyberspace and information and communications technology policy issues; and (B) international diplomacy. (4) Organizational placement (A) Initial placement Except as provided in subparagraph (B), the head of the Bureau shall report to the Deputy Secretary of State. (B) Subsequent placement The head of the Bureau may report to an Under Secretary of State or to an official holding a higher position than Under Secretary if, not later than 15 days before any change in such reporting structure, the Secretary of State— (i) consults with the Committee on Foreign Relations of the Senate Committee on Foreign Affairs of the House of Representatives (ii) submits a report to such committees that— (I) indicates that the Secretary, with respect to the reporting structure of the Bureau, has consulted with and solicited feedback from— (aa) other relevant Federal entities with a role in international aspects of cyber policy; and (bb) the elements of the Department of State with responsibility for aspects of cyber policy, including the elements reporting to— (AA) the Under Secretary of State for Political Affairs; (BB) the Under Secretary of State for Civilian Security, Democracy, and Human Rights; (CC) the Under Secretary of State for Economic Growth, Energy, and the Environment; (DD) the Under Secretary of State for Arms Control and International Security Affairs; (EE) the Under Secretary of State for Management; and (FF) the Under Secretary of State for Public Diplomacy and Public Affairs; (II) describes the new reporting structure for the head of the Bureau and the justification for such new structure; and (III) includes a plan describing how the new reporting structure will better enable the head of the Bureau to carry out the duties described in paragraph (2), including the security, economic, and human rights aspects of cyber diplomacy. (5) Special hiring authorities The Secretary of State may— (A) appoint employees without regard to the provisions of title 5, United States Code, regarding appointments in the competitive service; and (B) fix the basic compensation of such employees without regard to chapter 51 and subchapter III of chapter 53 of such title regarding classification and General Schedule pay rates. (6) Rule of construction Nothing in this subsection may be construed to preclude the head of the Bureau from being designated as 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). . (b) Sense of Congress It is the sense of Congress that the Bureau established under section 1(i) of the State Department Basic Authorities Act of 1956, as added by subsection (a), should have a diverse workforce composed of qualified individuals, including individuals from traditionally underrepresented groups. (c) United Nations The Permanent Representative of the United States to the United Nations should use the voice, vote, and influence of the United States to oppose any measure that is inconsistent with the policy described in section 501(a). 503. International cyberspace and digital policy strategy (a) Strategy required Not later than 1 year after the date of the enactment of this Act, the President, acting through the Secretary, and in coordination with the heads of other relevant Federal departments and agencies, shall develop an international cyberspace and digital policy strategy. (b) Elements The strategy required under subsection (a) shall include— (1) a review of actions and activities undertaken to support the policy described in section 501(a); (2) a plan of action to guide the diplomacy of the Department with regard to foreign countries, including— (A) conducting bilateral and multilateral activities— (i) to develop and support the implementation of norms of responsible country behavior in cyberspace consistent with the objectives specified in section 501(b)(5); (ii) to reduce the frequency and severity of cyberattacks on United States individuals, businesses, governmental agencies, and other organizations; (iii) to reduce cybersecurity risks to United States and allied critical infrastructure; (iv) to improve allies’ and partners’ collaboration with the United States on cybersecurity issues, including information sharing, regulatory coordination and improvement, and joint investigatory and law enforcement operations related to cybercrime; and (v) to share best practices and advance proposals to strengthen civilian and private sector resiliency to threats and access to opportunities in cyberspace; and (B) reviewing the status of existing efforts in relevant multilateral fora, as appropriate, to obtain commitments on international norms regarding cyberspace; (3) a review of alternative concepts for international norms regarding cyberspace offered by foreign countries; (4) a detailed description of new and evolving threats regarding cyberspace from foreign adversaries, state-sponsored actors, and non-state actors to— (A) United States national security; (B) the Federal and private sector cyberspace infrastructure of the United States; (C) intellectual property in the United States; and (D) the privacy and security of citizens of the United States; (5) a review of the policy tools available to the President to deter and de-escalate tensions with foreign countries, state-sponsored actors, and private actors regarding— (A) threats in cyberspace; (B) the degree to which such tools have been used; and (C) whether such tools have been effective deterrents; (6) a review of resources required to conduct activities to build responsible norms of international cyber behavior; (7) a review to determine whether the budgetary resources, technical expertise, legal authorities, and personnel available to the Department and other relevant Federal agencies are adequate to achieve the actions and activities undertaken to support the policy described in section 501(a); (8) a review to determine whether the Department is properly organized and coordinated with other Federal agencies to achieve the objectives described in section 501(b); and (9) a plan of action, developed in consultation with relevant Federal departments and agencies as the President may direct, to guide the diplomacy of the Department with respect to the inclusion of cyber issues in mutual defense agreements. (c) Form of strategy (1) Public availability The strategy required under subsection (a) shall be available to the public in unclassified form, including through publication in the Federal Register. (2) Classified annex The strategy required under subsection (a) may include a classified annex. (d) Briefing Not later than 30 days after the completion of the strategy required under subsection (a), the Secretary shall brief the appropriate congressional committees regarding the strategy, including any material contained in a classified annex. (e) Updates The strategy required under subsection (a) shall be updated— (1) not later than 90 days after any material change to United States policy described in such strategy; and (2) not later than 1 year after the inauguration of each new President. 504. Government Accountability Office report on cyber diplomacy Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report and provide a briefing to the appropriate congressional committees that includes— (1) an assessment of the extent to which United States diplomatic processes and other efforts with foreign countries, including through multilateral fora, bilateral engagements, and negotiated cyberspace agreements, advance the full range of United States interests regarding cyberspace, including the policy described in section 501(a); (2) an assessment of the Department’s organizational structure and approach to managing its diplomatic efforts to advance the full range of United States interests regarding cyberspace, including a review of— (A) the establishment of a Bureau within the Department to lead the Department’s international cyber mission; (B) the current or proposed diplomatic mission, structure, staffing, funding, and activities of such Bureau; (C) how the establishment of such Bureau has impacted or is likely to impact the structure and organization of the Department; and (D) what challenges, if any, the Department has faced or will face in establishing such Bureau; and (3) any other matters that the Comptroller General determines to be relevant. 505. Report on diplomatic programs to detect and respond to cyber threats against allies and partners Not later than 180 days after the date of the enactment of this Act, the Secretary, in coordination with the heads of other relevant Federal agencies, shall submit a report to the appropriate congressional committees that assesses the capabilities of the Department to provide civilian-led support for acute cyber incident response in ally and partner countries that includes— (1) a description and assessment of the Department's coordination with cyber programs and operations of the Department of Defense and the Department of Homeland Security; (2) recommendations on how to improve coordination and executive of Department involvement in programs or operations to support allies and partners in responding to acute cyber incidents; and (3) the budgetary resources, technical expertise, legal authorities, and personnel needed for the Department to formulate and implement the programs described in this section. 506. Cybersecurity recruitment and retention (a) Sense of Congress It is the sense of Congress that improving computer programming language proficiency will improve— (1) the cybersecurity effectiveness of the Department; and (2) the ability of foreign service officers to engage with foreign audiences on cybersecurity matters. (b) Technology talent acquisition (1) Establishment The Secretary shall establish positions within the Bureau of Global Talent Management that are solely dedicated to the recruitment and retention of Department personnel with backgrounds in cybersecurity, engineering, data science, application development, artificial intelligence, critical and emerging technology, and technology and digital policy. (2) Goals The goals of the positions described in paragraph (1) shall be— (A) to fulfill the critical need of the Department to recruit and retain employees for cybersecurity, digital, and technology positions; (B) to actively recruit relevant candidates from academic institutions, the private sector, and related industries; (C) to work with the Office of Personnel Management and the United States Digital Service to develop and implement best strategies for recruiting and retaining technology talent; and (D) to inform and train supervisors at the Department on the use of the authorities listed in subsection (c)(1). (3) Implementation plan Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a plan to the appropriate congressional committees that describes how the objectives and goals set forth in paragraphs (1) and (2) will be implemented. (4) Authorization of appropriations There is authorized to be appropriated $750,000 for each of the fiscal years 2023 through 2027 to carry out this subsection. (c) Annual report on hiring authorities Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary shall submit a report to the appropriate congressional committees that includes— (1) a list of the hiring authorities available to the Department to recruit and retain personnel with backgrounds in cybersecurity, engineering, data science, application development, artificial intelligence, critical and emerging technology, and technology and digital policy; (2) a list of which hiring authorities described in paragraph (1) have been used during the previous 5 years; (3) the number of employees in qualified positions hired, aggregated by position and grade level or pay band; (4) the number of employees who have been placed in qualified positions, aggregated by bureau and offices within the Department; (5) the rate of attrition of individuals who begin the hiring process and do not complete the process and a description of the reasons for such attrition; (6) the number of individuals who are interviewed by subject matter experts and the number of individuals who are not interviewed by subject matter experts; and (7) recommendations for— (A) reducing the attrition rate referred to in paragraph (5) by 5 percent each year; (B) additional hiring authorities needed to acquire needed technology talent; (C) hiring personnel to hold public trust positions until such personnel can obtain the necessary security clearance; and (D) informing and training supervisors within the Department on the use of the authorities listed in paragraph (1). (d) Incentive pay for cybersecurity professionals To increase the number of qualified candidates available to fulfill the cybersecurity needs of the Department, the Secretary shall— (1) include computer programming languages within the Recruitment Language Program; and (2) provide appropriate language incentive pay. (e) Report Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary shall provide a list to the appropriate congressional committees that identifies— (1) the computer programming languages included within the Recruitment Language Program and the language incentive pay rate; and (2) the number of individuals benefitting from the inclusion of such computer programming languages in the Recruitment Language Program and language incentive pay. 507. Short course on emerging technologies for senior officials (a) In general Not later than 1 year after the date of the enactment of this Act, the Secretary shall develop and begin providing, for senior officials of the Department, a course addressing how the most recent and relevant technologies affect the activities of the Department. (b) Throughput objectives The Secretary should ensure that— (1) during the first year that the course developed pursuant to subsection (a) is offered, not fewer than 20 percent of senior officials are certified as having passed such course; and (2) in each subsequent year, until the date on which 80 percent of senior officials are certified as having passed such course, an additional 10 percent of senior officials are certified as having passed such course. 508. Establishment and expansion of Regional Technology Officer Program (a) Regional Technology Officer Program (1) Establishment The Secretary shall establish a program, which shall be known as the Regional Technology Officer Program Program (2) Goals The goals of the Program shall include the following: (A) Promoting United States leadership in technology abroad. (B) Working with partners to increase the deployment of critical and emerging technology in support of democratic values. (C) Shaping diplomatic agreements in regional and international fora with respect to critical and emerging technologies. (D) Building diplomatic capacity for handling critical and emerging technology issues. (E) Facilitating the role of critical and emerging technology in advancing the foreign policy objectives of the United States through engagement with research labs, incubators, and venture capitalists. (F) Maintaining the advantages of the United States with respect to critical and emerging technologies. (b) Implementation plan Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit an implementation plan to the appropriate congressional committees that outlines strategies for— (1) advancing the goals described in subsection (a)(2); (2) hiring Regional Technology Officers and increasing the competitiveness of the Program within the Foreign Service bidding process; (3) expanding the Program to include a minimum of 15 Regional Technology Officers; and (4) assigning not fewer than 2 Regional Technology Officers to posts within— (A) each regional bureau of the Department; and (B) the Bureau of International Organization Affairs. (c) Annual briefing requirement Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary shall brief the appropriate congressional committees regarding the status of the implementation plan required under subsection (b). (d) Authorization of appropriations There is authorized to be appropriated $25,000,000 for each of the fiscal years 2023 through 2027 to carry out this section. 509. Vulnerability disclosure policy and bug bounty program report (a) Definitions In this section: (1) Bug bounty program The term bug bounty program (2) Information technology The term information technology (b) Vulnerability disclosure policy (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall design, establish, and make publicly known a Vulnerability Disclosure Policy (referred to in this section as the VDP (A) creating Department policy and infrastructure to receive reports of and remediate discovered vulnerabilities in line with existing policies of the Office of Management and Budget and the Department of Homeland Security Binding Operational Directive 20–01 or any subsequent directive; and (B) providing a report on such policy and infrastructure to Congress. (2) Annual reports Not later than 180 days after the establishment of the VDP pursuant to paragraph (1), and annually thereafter for the following 5 years, the Secretary shall submit a report on the VDP to the Committee on Foreign Relations of the Senate Committee on Homeland Security and Governmental Affairs of the Senate Committee on Foreign Affairs of the House of Representatives Committee on Homeland Security of the House of Representatives (A) the number and severity of all security vulnerabilities reported; (B) the number of previously unidentified security vulnerabilities remediated as a result; (C) the current number of outstanding previously unidentified security vulnerabilities and Department of State remediation plans; (D) the average time between the reporting of security vulnerabilities and remediation of such vulnerabilities;. (E) the resources, surge staffing, roles, and responsibilities within the Department used to implement the VDP and complete security vulnerability remediation; (F) how the VDP identified vulnerabilities are incorporated into existing Department vulnerability prioritization and management processes; (G) any challenges in implementing the VDP and plans for expansion or contraction in the scope of the VDP across Department information systems; and (H) any other topic that the Secretary determines to be relevant. (c) Bug bounty program report (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to Congress that describes any ongoing efforts by the Department or a third-party vendor under contract with the Department to establish or carry out a bug bounty program that identifies security vulnerabilities of internet- (2) Report Not later than 180 days after the date on which any bug bounty program is established, the Secretary shall submit a report to the Committee on Foreign Relations of the Senate Committee on Homeland Security and Governmental Affairs of the Senate Committee on Foreign Affairs of the House of Representatives Committee on Homeland Security of the House of Representatives (A) the number of approved individuals, organizations, or companies involved in such program, disaggregated by the number of approved individuals, organizations, or companies that— (i) registered; (ii) were approved; (iii) submitted security vulnerabilities; and (iv) received compensation; (B) the number and severity of all security vulnerabilities reported as part of such program; (C) the number of previously unidentified security vulnerabilities remediated as a result of such program; (D) the current number of outstanding previously unidentified security vulnerabilities and Department remediation plans for such outstanding vulnerabilities; (E) the average length of time between the reporting of security vulnerabilities and remediation of such vulnerabilities; (F) the types of compensation provided under such program; (G) the lessons learned from such program; (H) the public accessibility of contact information for the Department regarding the bug bounty program; (I) the incorporation of bug bounty program identified vulnerabilities into existing Department vulnerability prioritization and management processes; and (J) any challenges in implementing the bug bounty program and plans for expansion or contraction in the scope of the bug bounty program across Department information systems. VI Public diplomacy 601. United States participation in international fairs and expositions (a) In general Notwithstanding section 204 of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 ( 22 U.S.C. 2452b Public Law 117–103 (b) Limitation on solicitation of funds Senior employees of the Department, in their official capacity, may not solicit funds to pay expenses for a United States pavilion or other major exhibit at any international exposition or world’s fair registered by the Bureau of International Expositions. (c) Authorization of appropriations There is authorized to be appropriated $20,000,000 to the Department for United States participation in international fairs and expositions abroad, including for construction and operation of pavilions or other major exhibits. 602. Press freedom curriculum The Secretary shall ensure that there is a press freedom curriculum for the National Foreign Affairs Training Center that enables Foreign Service officers to better understand issues of press freedom and the tools that are available to help protect journalists and promote freedom of the press norms, which may include— (1) the historic and current issues facing press freedom, including countries of specific concern; (2) the Department’s role in promoting press freedom as an American value, a human rights issue, and a national security imperative; (3) ways to incorporate press freedom promotion into other aspects of diplomacy; and (4) existing tools to assist journalists in distress and methods for engaging foreign governments and institutions on behalf of individuals engaged in journalistic activity who are at risk of harm. 603. Global Engagement Center (a) In general Section 1287(j) of the National Defense Authorization Act for Fiscal Year 2017 ( 22 U.S.C. 2656 the date that is 8 years after the date of the enactment of this Act December 31, 2027 (b) Hiring authority for Global Engagement Center Notwithstanding any other provision of law, the Secretary, during the 5-year period beginning on the date of the enactment of this Act and solely to carry out the functions of the Global Engagement Center described in section 1287(b) of the National Defense Authorization Act for Fiscal Year 2017 ( 22 U.S.C. 2656 (1) appoint employees without regard to appointment in the competitive service; and (2) fix the basic compensation of such employees regarding classification and General Schedule pay rates. 604. Under Secretary for Public Diplomacy Section 1(b)(3) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a (1) in subparagraph (D), by striking and (2) in subparagraph (E), by striking the period at the end and inserting ; and (3) by adding at the end the following: (F) coordinate the allocation and management of the financial and human resources for public diplomacy, including for— (i) the Bureau of Educational and Cultural Affairs; (ii) the Bureau of Global Public Affairs; (iii) the Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs; (iv) the Global Engagement Center; and (v) the public diplomacy functions within the regional and functional bureaus. . VII Other matters 701. Supporting the employment of United States citizens by international organizations (a) In general The Secretary is authorized to promote the employment and advancement of United States citizens by international organizations and bodies, including by— (1) providing stipends, consultation, and analytical services to support United States citizen applicants; and (2) making grants for the purposes described in paragraph (1). (b) Using diplomatic programs funding To promote the employment of United States citizens by international organizations Amounts appropriated under the heading Diplomatic programs 702. Increasing housing availability for certain employees assigned to the United States Mission to the United Nations (a) Additional employees Section 9(2) of the United Nations Participation Act of 1945 ( 22 U.S.C. 287e–1(2) 30 41 (b) Health systems and resilience fund (1) Establishment There is established in the Treasury of the United States a fund to be known as the Health Systems and Resilience Fund (2) Authorization of appropriations There is authorized to be appropriated to the Health Systems and Resilience Fund $10,000,000, which— (A) shall be used by USAID for global health activities in challenging environments and countries in crisis; and (B) shall remain available until expended. 703. Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council The United Nations Participation Act of 1945 ( 22 U.S.C. 287 et seq. 12. Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council None of the funds authorized to be appropriated or otherwise made available to pay assessed and other expenses of international peacekeeping activities under this Act may be made available for an international peacekeeping operation that has not been expressly authorized by the United Nations Security Council. . 704. Boards of Radio Free Europe/Radio Liberty, Radio Free Asia, the Middle East Broadcasting Networks, and the Open Technology Fund The United States International Broadcasting Act of 1994 ( 22 U.S.C. 6201 et seq. 22 U.S.C. 6205 307. Grantee corporate boards of directors (a) In general The corporate board of directors of each grantee under this title— (1) shall be bipartisan; (2) shall have the sole responsibility to operate their respective grantees within the jurisdiction of their respective States of incorporation; (3) shall be composed of not fewer than 5 members and not more than 7 members, who shall be qualified individuals who are not employed in the public sector; and (4) shall appoint successors in the event of vacancies on their respective boards, in accordance with applicable bylaws. (b) Not Federal employees No employee of any grantee under this title may be a Federal employee. . 705. Broadcasting entities no longer required to consolidate into a single private, nonprofit corporation Section 310 of the United States International Broadcasting Act of 1994 ( 22 U.S.C. 6209 706. International broadcasting activities Section 305(a) of the United States International Broadcasting Act of 1994 ( 22 U.S.C. 6204(a) (1) by striking paragraph (20); (2) by redesignating paragraphs (21), (22), and (23) as paragraphs (20), (21), and (22), respectively; and (3) in paragraph (20), as redesignated, by striking or between grantees, 707. Global internet freedom (a) Statement of policy It is the policy of the United States to promote internet freedom through programs of the Department and USAID that preserve and expand the internet as an open, global space for freedom of expression and association, which shall be prioritized for countries— (1) whose governments restrict freedom of expression on the internet; and (2) that are important to the national interest of the United States. (b) Purpose and coordination with other programs Global internet freedom programming under this section— (1) shall be coordinated with other United States foreign assistance programs that promote democracy and support the efforts of civil society— (A) to counter the development of repressive internet-related laws and regulations, including countering threats to internet freedom at international organizations; (B) to combat violence against bloggers and other civil society activists who utilize the internet; and (C) to enhance digital security training and capacity building for democracy activists; (2) shall seek to assist efforts— (A) to research key threats to internet freedom; (B) to continue the development of technologies that provide or enhance access to the internet, including circumvention tools that bypass internet blocking, filtering, and other censorship techniques used by authoritarian governments; and (C) to maintain the technological advantage of the Federal Government over the censorship techniques described in subparagraph (B); and (3) shall be incorporated into country assistance and democracy promotion strategies, as appropriate. (c) Authorization of appropriations There are authorized to be appropriated for fiscal year 2023— (1) $75,000,000 to the Department and USAID, which shall be used to continue efforts to promote internet freedom globally, and shall be matched, to the maximum extent practicable, by sources other than the Federal Government, including the private sector; and (2) $49,000,000 to the United States Agency for Global Media (referred to in this section as the USAGM (A) for open-source tools and techniques to securely develop and distribute digital content produced by the USAGM and its grantees; (B) to facilitate audience access to such digital content on websites that are censored; (C) to coordinate the distribution of such digital content to targeted regional audiences; and (D) to promote and distribute such tools and techniques, including digital security techniques. (d) United States Agency for Global Media activities (1) Annual certification For any new tools or techniques authorized under subsection (c)(2), the Chief Executive Officer of the USGAM, in consultation with the President of the Open Technology Fund (referred to in this subsection as the OTF (A) have evaluated the risks and benefits of such new tools or techniques; and (B) have established safeguards to minimize the use of such new tools or techniques for illicit purposes. (2) Information sharing The Secretary may not direct programs or policy of the USAGM or the OTF, but may share any research and development with relevant Federal departments and agencies for the exclusive purposes of— (A) sharing information, technologies, and best practices; and (B) assessing the effectiveness of such technologies. (3) United states agency for global media The Chief Executive Officer of the USAGM, in consultation with the President of the OTF, shall— (A) coordinate international broadcasting programs and incorporate such programs into country broadcasting strategies, as appropriate; (B) solicit project proposals through an open, transparent, and competitive application process, including by seeking input from technical and subject matter experts; and (C) support internet circumvention tools and techniques for audiences in countries that are strategic priorities for the OTF, in accordance with USAGM’s annual language service prioritization review. (e) USAGM report Not later than 120 days after the date of the enactment of this Act, the Chief Executive Office of the USAGM shall submit a report to the appropriate congressional committees that describes— (1) as of the date of the report— (A) the full scope of internet freedom programs within the USAGM, including— (i) the efforts of the Office of Internet Freedom; and (ii) the efforts of the Open Technology Fund; (B) the capacity of internet censorship circumvention tools supported by the Office of Internet Freedom and grantees of the Open Technology Fund that are available for use by individuals in foreign countries seeking to counteract censors; and (C) any barriers to the provision of the efforts described in clauses (i) and (ii) of subparagraph (A), including access to surge funding; and (2) successful examples from the Office of Internet Freedom and Open Technology Fund involving— (A) responding rapidly to internet shutdowns in closed societies; and (B) ensuring uninterrupted circumvention services for USAGM entities to promote internet freedom within repressive regimes. (f) Joint report Not later than 60 days after the date of the enactment of this Act, the Secretary and the Administrator of USAID shall jointly submit a report, which may include a classified annex, to the appropriate congressional committees that describes— (1) as of the date of the report— (A) the full scope of internet freedom programs within the Department and USAID, including— (i) Department circumvention efforts; and (ii) USAID efforts to support internet infrastructure; (B) the capacity of internet censorship circumvention tools supported by the Federal Government that are available for use by individuals in foreign countries seeking to counteract censors; and (C) any barriers to provision of the efforts enumerated in clauses (i) and (ii) of subsection (e)(1)(A), including access to surge funding; and (2) any new resources needed to provide the Federal Government with greater capacity to provide and boost internet access— (A) to respond rapidly to internet shutdowns in closed societies; and (B) to provide internet connectivity to foreign locations where the provision of additional internet access service would promote freedom from repressive regimes. (g) Security audits Before providing any support for open source technologies under this section, such technologies must undergo comprehensive security audits to ensure that such technologies are secure and have not been compromised in a manner that is detrimental to the interest of the United States or to the interests of individuals and organizations benefitting from programs supported by such funding. (h) Surge (1) Authorization of appropriations Subject to paragraph (2), there is authorized to be appropriated, in addition to amounts otherwise made available for such purposes, $2,500,000 to support internet freedom programs in closed societies, including programs that— (A) are carried out in crisis situations by vetted entities that are already engaged in internet freedom programs; (B) involve circumvention tools; or (C) increase the overseas bandwidth for companies that received Federal funding during the previous fiscal year. (2) Certification Amounts authorized to be appropriated pursuant to paragraph (1) may not be expended until the Secretary has certified to the appropriate congressional committees, the Committee on Appropriations of the Senate Committee on Appropriations of the House of Representatives (i) Defined term In this section, the term internet censorship circumvention tool 708. Arms Export Control Act alignment with the Export Control Reform Act Section 38(e) of the Arms Export Control Act ( 22 U.S.C. 2778(e) (1) by striking subsections (c), (d), (e), and (g) of section 11 of the Export Administration Act of 1979, and by subsections (a) and (c) of section 12 of such Act subsections (c) and (d) of section 1760 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4819 50 U.S.C. 4820 (2) by striking 11(c)(2)(B) of such Act 1760(c)(2) of such Act ( 50 U.S.C. 4819(c)(2) (3) by striking 11(c) of the Export Administration Act of 1979 section 1760(c) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4819(c) (4) by striking $500,000 the greater of $1,200,000 or the amount that is twice the value of the transaction that is the basis of the violation with respect to which the penalty is imposed. 709. Increasing the maximum annual lease payment available without approval by the Secretary Section 10(a) of the Foreign Service Buildings Act, 1926 ( 22 U.S.C. 301(a) $50,000 $100,000 710. Report on United States access to critical mineral resources abroad Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that details, with regard to the Department— (1) diplomatic efforts to ensure United States access to critical minerals acquired from outside of the United States that are used to manufacture clean energy technologies; and (2) collaboration with other parts of the Federal Government to build a robust supply chain for critical minerals necessary to manufacture clean energy technologies. 711. Ensuring the integrity of communications cooperation (a) Defined term In this section, the term appropriate congressional committees (1) the Committee on Foreign Relations of the Senate (2) the Select Committee on Intelligence of the Senate (3) the Committee on Armed Services of the Senate (4) the Committee on Foreign Affairs of the House of Representatives (5) the Permanent Select Committee on Intelligence of the House of Representatives (6) the Committee on Armed Services of the House of Representatives (b) Determination Notwithstanding any other provision of law, not later than 15 days after any Chief of Mission determines that communications equipment provided by the United States Government to a foreign government has been used for a purpose other than the purpose for which the equipment was authorized, the Secretary shall submit to the appropriate congressional committees— (1) an unclassified notification that indicates that such an incident occurred and the country in which it occurred; and (2) a classified notification that describes the incident concerned, including a description of— (A) the Federal department or agency that provided the equipment; (B) the foreign entity or individual that used the equipment for unlawful purposes; and (C) how the equipment was used in an unlawful manner. 712. Congressional oversight, quarterly review, and authority relating to concurrence provided by chiefs of mission for the provision of support relating to certain United States Government operations (a) Notification required Not later than 30 days after the date on which a Chief of Mission provides concurrence for the provision of United States Government support to entities or individuals engaged in facilitating or supporting United States Government military- or security-related operations within the area of responsibility of the Chief of Mission, the Secretary shall notify the appropriate congressional committees of the provision of such concurrence. (b) Semiannual review, determination, and briefing required Not less frequently than every 180 days, the Secretary, in order to ensure that the support described in subsection (a) continues to align with United States foreign policy objectives and the objectives of the Department, shall— (1) conduct a review of any concurrence described in subsection (a) in effect as of the date of the review; (2) based on the review, determine whether to revoke any such concurrence pending further study and review; and (3) brief the appropriate congressional committees on the results of the review. (c) Revocation of concurrence If the Secretary determines to revoke any concurrence described in subsection (a) pursuant to a review conducted under subsection (b), the Secretary may revoke such concurrence. (d) Annual report required Not later than January 31 of each year, the Secretary shall submit to the appropriate congressional committees a report that includes the following: (1) A description of any support described in subsection (a) that was provided with the concurrence of a Chief of Mission during the calendar year preceding the calendar year in which the report is submitted. (2) An analysis of the effects of the support described in paragraph (1) on diplomatic lines of effort, including with respect to— (A) Nonproliferation, Anti-terrorism, Demining, and Related Programs (NADR) and associated Antiterrorism Assistance (ATA) programs; (B) International Narcotics Control and Law Enforcement (INCLE) programs; and (C) Foreign Military Sales (FMS), Foreign Military Financing (FMF), and associated training programs. 713. Provision of parking services and retention of parking fees The Secretary of State may— (1) provide parking services, including electric vehicle charging and other parking services, in facilities operated by or for the Department; and (2) charge fees for such services that may be deposited into the appropriate account of the Department, to remain available until expended for the purposes of such account. 714. Diplomatic reception areas (a) Defined term In this section, the term reception areas 22 U.S.C. 2713(c) (b) In general The Secretary may sell goods and services and use the proceeds of such sales for administration and related support of the reception areas consistent with section 41(a) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2713(a) (c) Amounts collected Amounts collected pursuant to the authority provided under subsection (b) may be deposited into an account in the Treasury, to remain available until expended. 715. Consular and border security programs visa services cost recovery proposal Section 103 of the Enhanced Border Security and Visa Entry Reform Act of 2002 ( 8 U.S.C. 1713 (1) in subsection (b)— (A) by inserting or surcharge machine-readable visa fee (B) by adding at the end the following: The amount of the machine-readable visa fee or surcharge under this subsection may also account for the cost of other consular services that are not otherwise subject to a fee or surcharge retained by the Department of State. (2) in subsection (d), by inserting or surcharges amounts collected as fees VIII Extension of authorities 801. Consulting services Any consulting services through procurement contracts shall be limited to contracts in which such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. 802. Diplomatic facilities For the purposes of calculating the costs of providing new United States diplomatic facilities in any fiscal year, in accordance with section 604(e) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865 803. Extension of existing authorities (a) Extension of authorities (1) Passport fees Section 1(b)(2) of the Passport Act of June 4, 1920 ( 22 U.S.C. 214(b)(2) September 30, 2010 September 30, 2023 (2) Incentives for critical posts The authority contained in section 1115(d) of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 September 30, 2023 (3) USAID civil service annuitant waiver Section 625(j)(1)(B) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2385(j)(1)(B) October 1, 2010 September 30, 2023 (4) Overseas pay comparability and limitation (A) In general The authority provided by section 1113 of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 (B) Limitation The authority described in subparagraph (A) may not be used to pay an eligible member of the Foreign Service (as defined in section 1113(b) of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 (5) Inspector general annuitant waiver The authorities provided in section 1015(b) of the Supplemental Appropriations Act, 2010 ( Public Law 111–212 (A) shall remain in effect through September 30, 2023; and (B) may be used to facilitate the assignment of persons for oversight of programs in Somalia, South Sudan, Syria, Venezuela, and Yemen. (6) Accountability review boards The authority provided under section 301(a)(3) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 ( 22 U.S.C. 4831(a)(3) Committee on Appropriations of the Senate Committee on Appropriations of the House of Representatives (7) Department of State Inspector General waiver authority The Inspector General of the Department may waive the provisions of subsections (a) through (d) of section 824 of the Foreign Service Act of 1980 ( 22 U.S.C. 4064 (b) Extension of procurement authority Section 7077 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (division I of Public Law 112–74 804. War reserves stockpile and military training report (a) Extension of war reserves stockpile authority Section 12001(d) of the Department of Defense Appropriations Act, 2005 ( Public Law 108–287 of this section of this section after September 30, 2023. (b) Annual foreign military training report For the purposes of implementing section 656 of the Foreign Assistance Act of 1961, the term military training provided to foreign military personnel by the Department of Defense and the Department of State 22 U.S.C. 2321k(b)

Summary: Department of State Authorization Act of 2022 This bill reauthorizes various activities of the Department of State through FY2023 and otherwise addresses matters related to the State Department.