Congress Orders Changes for State Department in New Authorization

By: Dan Spokojny | January 3, 2023

The floor of the House of Representatives. Photo courtesy of house.gov, 2022

The new State Department Authorization recently passed by Congress and signed into law by President Biden includes some meaningful changes for diplomacy and international relations. That the bill passed at all is noteworthy, as my colleague Lindsey Michele explained in a previous blog post. Before last year, Congress had neglected to pass a State Department Authorization act in almost twenty years. Renewed Congressional focus on State can make for stronger diplomacy.

The legislation advances new authorities and requirements across training, workforce issues, hiring and promotions, and internal security issues.

Here I dive into the details of the legislation. 

Commission on Reform and Modernization of the Department of State

Potentially the biggest game changing initiative for diplomacy is a new Commission to reform and modernization of the State Department. This deserves close attention. Originally proposed by Senators Hagerty (R-TN) and Cardin (D-MD), the Commission would include 16 experts from both sides of the aisle to “examine the changing nature of diplomacy and the ways in which the Department can modernize to advance the interests of the United States.” The Commission would deliver a report to Congress after 24 months on proposed reforms to State Department organizational structure, personnel issues, and the Foreign Service Act that governs its activities. (Sec 9803)

True reform and modernization requires bold new ideas, and we hope this Commission will rise to the challenge. It might draw inspiration from the recent Commission on Evidence-based Policymaking, which continues to demonstrate an impact on decision-making in the federal government. That said, the Commission will not begin unless Congress appropriates its funding, perhaps late next year.

Training

Cardin and Hagerty also helped shepherd an important section of the bill dedicated to training State Department personnel.

Upgrading the FSI Curriculum: The bill establishes a non-partisan board at the Foreign Service Institute (FSI) to provide recommendations on curriculum, and a Provost position at FSI to oversee curriculum and evaluation. It also requires from State a “strategy for adapting training requirements for modern diplomatic needs.” (Sec 9205) I think this is a big opportunity to shake up the existing model of training at State and think more critically about the skills necessary for successful diplomats in the 21st century.

Emphasizes Training in Promotion: The bill requires “affording equal consideration to the undertaking of training, professional development, and foreign language acquisition among any other objective criteria considered by selection boards in making such recommendations” and requests more transparency in promotion evaluations on this issue. Further, it asks for supervisors to be held more accountable for meeting the training needs of their subordinates.

Diplomatic Reserve Corps Study: Congress requested a study of the idea of standing up a diplomatic officers’ reserve corps (Sec. 9206). I think this idea is an unwise distraction from the training needs of active-duty staff. It was also previously tried (and failed) by the bureau formerly called the Coordinator for Reconstruction and Stabilization. Still, the idea was strongly endorsed by the former powerful Undersecretary of Management, Pat Kennedy, in his recent report from the American Diplomacy Project, so perhaps he understands something I don’t.

Senior Foreign Service Training: Congress “strongly urges” requiring 6 months training or experience outside of the Department for officials to be eligible for promotion into the senior foreign service. This language is non-binding, and does not lay out a positive vision for the skills our senior leaders require for success, but it is a positive step forward.

Workforce Issues

Any improvement of the foreign policy process begins with our most valuable resource: the people who staff the organizations. Congress has been active on this front this year, especially as it pertains to supporting a diverse and equitable workforce. Provisions include:

Funding DEIA efforts at the State Department: The bill provides funding for paid internships, the Office of the Chief Diversity and Inclusion, the Department’s Race, Ethnicity, and Social Inclusion Unit, the Charles B. Rangel International Affairs Program and Thomas R. Pickering Foreign Affairs Fellowship, and the mid-career International Career Advancement Program. Also includes money to expand the Fulbright program at Historically Black Colleges and Universities (HBCUs) and Hispanic Serving Institutions (HSIs). (Sec 9201)

Promoting a Diverse Workforce: The legislation requires the collection and reporting of more comprehensive demographic data at State (Sec 9402), provides oversight of the Department’s Diversity, Equity, and Inclusion Strategic Plan (Sec 9201), and requires a report on the establishment of Centers of Excellence to facilitate recruitment of underrepresented students. (Sec 9403) 

Improvements to Sexual Harassment and Discrimination Procedures: Congress authorized personnel to be fired for sexual assault, and they’ve demanded sufficient staffing and resources for the Victims’ Resource Advocacy Program. (Sec 9202)

Hiring and Promotions

Reports of Hiring and Promotion Processes: Congress is taking an active interest in hiring and promotion processes, requesting a number of reports, including a report on the pilot program for lateral entry into the foreign service (Sec 9217), on recent changes to the Foreign Service Officer Test (Sec 9218), and on barriers to applying for employment with the State Department (Sec 9207). Finally, the Comptroller’s General office will conduct “a comprehensive review of the policies, personnel, organization, and processes related to promotions within the Department, including … the use of quantitative data and metrics in such panels.” I hope leaders will recognize the necessity of using the hiring and promotion process to prioritize more scientific skills (social, technical, etc.) within diplomacy, which are vital to compete in the 21st century.

Invests in Security Clearance Approvals: Requires recommendations to streamline the security clearance approval process. (Sec 9207)

Management Survey: A new voluntary survey will be created for staff serving overseas “to assess the management and leadership of that post by the Chief of Mission, the Deputy Chief of Mission, and the Charge d’Affaires.” A mechanism to report results and actions subsequently taken should be considered to improve accountability, mission effectiveness, and trust in leadership. 

Post-employment restrictions on Senate-confirmed officials at the Department of State: Prohibits former senior State Department officials from representing or advising adversary governments like China, Russia, Iran, Cuba, and Syria, and bans former secretaries and deputy secretaries from advising or representing any foreign government. (Sec 9215) This is apparently the first ban of its kind in the federal government.

There are also steps to invest in cybersecurity talent at State:

Advances Cyber Capabilities: The legislation includes extensive language to improve recruiting and retention for cybersecurity personnel, expand State’s regional technology officer program, codify the new Cyberspace and Digital Policy Bureau, and require a cyber strategy. (Sec 9501)

Security Issues

Reforming Embassy Security: Reps. Jacobs (D-CA) and Kinzinger (R-IL) along with Sen. Risch were successful in getting their Diplomatic Security Support and Security Act included in the NDAA too. The legislation will reform the Accountability Review Board (ARB) has been emphasized by experts observers as a vital method of improving risk tolerance at our embassies. This legislation attempts to update procedures for investigating serious security incidents at U.S. missions abroad, and provides greater flexibility for State on embassy construction to ensure that diplomats can better access and engage with local populations. The legislation also makes it easier to locate embassies and consulates in urban environments, reversing the trend of fortress embassies. (Sec. 9302)

Conclusion

It is important to note that the State Department language was added as a rider to the much larger National Defense Authorization Act, which authorizes $817 billion in FY23 funding for the Department of Defense. One cannot help but note the contrast between the enormous scale, scope, and depth of the Defense Department language and the relative paucity of diplomatic language. This is both a cause and a symptom of a continued imbalance between military and civilian tools of national security.

This legislation is a positive step forward nevertheless. A number of key recommendations from recent reports were taken into consideration by Congress, including from Harvard’s Belfer Center, Arizona State University, the Council on Foreign Relations, the Truman Center, the Academy of American Diplomacy, and fp21.

Much work remains to be done, however. Too many leaders at State remain committed to an outdated model of culture and decision-making at the State Department. As the 118th Congress prepares to begin, I urge our representatives and senators to keep the momentum and continue the important work of strengthening diplomacy.

Here’s a link to the latest version of the bill text we could get our hands on. An updated, official copy will be published by the federal registrar soon. And for your reference, here’s the index from the legislation if you want to skim the sections:

DIVISION I—DEPARTMENT OF STATE AUTHORIZATIONS
Sec. 9001. Short title.
Sec. 9002. Definitions.

TITLE XCI—ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE

Sec. 9101. Modernizing the Bureau of Arms Control, Verification, and Compliance and the Bureau of International Security and Nonproliferation.
Sec. 9102. Notification to Congress for United States nationals unlawfully or wrongfully detained abroad.
Sec. 9103. Family Engagement Coordinator.
Sec. 9104. Rewards for Justice.
Sec. 9105. Ensuring geographic diversity and accessibility of passport agencies.
Sec. 9106. Cultural Antiquities Task Force.
Sec. 9107. Office of Sanctions Coordination.
Sec. 9108. Sense of Congress and strategic plan regarding the Department of State’s Unit for Subnational Diplomacy.

TITLE XCII—PERSONNEL ISSUES
Sec. 9201. Department of State paid Student Internship Program.
Sec. 9202. Improvements to the prevention of, and the response to, harassment, discrimination, sexual assault, and related retaliation.
Sec. 9203. Increasing the maximum amount authorized for science and technology fellowship grants and cooperative agreements.
Sec. 9204. Additional personnel to address backlogs in hiring and investigations.
Sec. 9205. Foreign affairs training.
Sec. 9206. Facilitation and encouragement of training and professional development for Foreign Service and Civil Service personnel.
Sec. 9207. Security clearance approval process.
Sec. 9208. Addendum for study on foreign service allowances.
Sec. 9209. Curtailments, removals from post, and waivers of privileges and immunities.
Sec. 9210. Report on worldwide availability.
Sec. 9211. Professional development.
Sec. 9212. Management assessments at diplomatic and consular posts.
Sec. 9213. Independent review of promotion policies.
Sec. 9214. Third party verification of permanent change of station (PCS) orders.
Sec. 9215. Post-employment restrictions on Senate-confirmed officials at the Department of State.
Sec. 9216. Expansion of authorities regarding special rules for certain monthly workers’ compensation payments and other payments.
Sec. 9217. Report on pilot program for lateral entry into the Foreign Service.
Sec. 9218. Report on changes to the Foreign Service Officer test.
Sec. 9219. Dignity for people with disabilities serving in the Foreign Service.
Sec. 9220. Expanding scope of fellowship programs to include civil servants.

TITLE XCIII—EMBASSY SECURITY AND CONSTRUCTION
Sec. 9301. Amendments to Secure Embassy Construction and Counterterrorism Act of 1999.
Sec. 9302. Diplomatic support and security.
Sec. 9303. Establishment of United States embassies in Solomon Islands, Kiribati, and Tonga and a diplomatic presence in Vanuatu.

TITLE XCIV—A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION
Sec. 9401. Report on barriers to applying for employment with the Department of State.
Sec. 9402. Collection, analysis, and dissemination of workforce data.
Sec. 9403. Centers of Excellence in Foreign Affairs and Assistance.
Sec. 9404. Promoting transparency and accountability in the Department of State workforce.
Sec. 9405. Rule of construction.

TITLE XCV—INFORMATION SECURITY AND CYBER DIPLOMACY
Sec. 9501. United States international cyberspace policy.
Sec. 9502. Bureau of Cyberspace and Digital Policy.
Sec. 9503. International cyberspace and digital policy strategy.
Sec. 9504. Government Accountability Office report on cyber diplomacy.
Sec. 9505. Report on diplomatic programs to detect and respond to cyber threats against allies and partners.
Sec. 9506. Cybersecurity recruitment and retention.
Sec. 9507. Short course on emerging technologies for senior officials.
Sec. 9508. Establishment and expansion of Regional Technology Officer Program.
Sec. 9509. Vulnerability disclosure policy and bug bounty program report.

TITLE XCVI—PUBLIC DIPLOMACY
Sec. 9601. United States participation in international fairs and expositions.
Sec. 9602. Under Secretary for Public Diplomacy and Public Affairs.
Sec. 9603. Report on public diplomacy.
Sec. 9604. Promoting peace, education, and cultural exchange through music diplomacy.

TITLE XCVII—OTHER MATTERS
Sec. 9701. Supporting the employment of United States citizens by international organizations.
Sec. 9702. Increasing housing availability for certain employees assigned to the United States Mission to the United Nations.
Sec. 9703. Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council.
Sec. 9704. Boards of Radio Free Europe/Radio Liberty, Radio Free Asia, the Middle East Broadcasting Networks, and the Open Technology Fund.
Sec. 9705. Broadcasting entities no longer required to consolidate into a single private, nonprofit corporation.
Sec. 9706. International broadcasting activities.
Sec. 9707. Global internet freedom.
Sec. 9708. Arms Export Control Act alignment with the Export Control Reform Act.
Sec. 9709. Increasing the maximum annual lease payment available without approval by the Secretary.
Sec. 9710. Report on United States access to critical mineral resources abroad.
Sec. 9711. Overseas United States strategic infrastructure development projects.
Sec. 9712. Provision of parking services and retention of parking fees.
Sec. 9713. Diplomatic reception areas.
Sec. 9714. Return of supporting documents for passport applications through United States Postal Service certified mail.
Sec. 9715. Report on distribution of personnel and resources related to ordered departures and post closures.
Sec. 9716. Elimination of obsolete reports.
Sec. 9717. Locality pay for Federal employees working overseas under Domestic Employee Teleworking Overseas agreements.
Sec. 9718. Report on countering the activities of malign actors.

TITLE XCVIII—EXTENSION OF AUTHORITIES
Sec. 9801. Diplomatic facilities.
Sec. 9802. Extension of existing authorities.
Sec. 9803. Commission on Reform and Modernization of the Department of State.