Congress Passes State Department Authorization for Third Year in a Row

By: Dan Spokojny | January 8, 2024

The United States Capitol. Photo by Martin Falbisoner, (cc) 2013

The Department of State Authorization Act of 2024 was passed by Congress and signed by President Biden, marking the third year in a row diplomacy gets a facelift. As in previous years, the bill was attached to the National Defense Authorization Act for Fiscal Year 2024 (H.R. 2670).

Notably, legislators took aim at many of the issues fp21 has prioritized in recent years, continuing to press the State Department to modernize in the face of a rapidly changing international environment.

I flag some of the provisions that jumped out at me in this article, and post the table of contents for the legislation at the end. I hope all State Department employees will flip through the text of this legislation for provisions that might relate to that work. Skilled reformers know that legislation can be a powerful tool for chipping away at a stubborn and outdated status quo.

Data and Analytics

Congress continues to push the Department to advance its data and analytics capabilities, directing that “access to and maintenance of reliable, readily available data is key to informed decision-making and diplomacy and therefore should be considered a strategic asset.” The Department must provide “timely access to high-quality data… while simultaneously cultivating a data-savvy workforce.”

To advance this goal, the legislation authorizes the Bureau Chief Data Officer program to appoint a Chief Data Officer in each of the Department’s bureaus at GS14 or 15 level (e.g. relatively senior positions). The Center for Analytics, housed in the Management Undersecretariat, has made enormous strides in providing analytics to the Department. The next step will require regional bureaus — the historic power centers of the Department — to take more ownership over new modes of analysis and decision-making. This will help.

Legislators also asked the Department to take a step forward on knowledge management, something fp21 has written about extensively. It has required a report from State on the “effectiveness of Knowledge Transfers between Foreign Service Officers” at post and recommendations for how this process could be improved.

Further, Congress nudged the Department to explore how data and analytic tools could be used to support the production of the Human Rights Reports. And it mandated the Department to revise the metrics it uses to evaluate the performance of its economic and commercial diplomacy.

Workforce Upgrades

There are many provisions in the reauthorization related to personnel, promotions, and hiring.

It creates a new fellowship called the John Lewis Civil Rights Fellowship to promote studies, research, and international exchange on nonviolent movements to advance civil rights around the world. A State Department fellowship to advance research? Yes, please.

The authorization enshrines new provisions into the Foreign Service promotion precepts, including rewarding expertise on critical and emerging technology and rewarding professional development in promotion considerations.

Congress created a new-mid career mentoring program for 25 employees to meet with Department leadership. Perhaps Congressional authorizers may have read fp21’s report showing that mentoring is one of the most evidence-based interventions to improve diversity and inclusion at the Department. Congress also extended a pathway for paid interns to take on full-time jobs at the Department, another intervention intended to improve diversity.

Civil Service employees received some love from Congress this year, which nudged the Department to consider more Civil Servants as Chiefs of Mission and establish a program to rotate up to 20 Civil Servants into overseas assignments.

Emerging Tech

A new fund of $150,000,000 was authorized for the Department to support cyberspace, digital connectivity, and related tech capacity building activities to foreign governments.

Congress also established the position at State of a Chief Artificial Intelligence Officer “to evaluate, oversee, and, if appropriate, facilitate the responsible adoption of AI and machine learning applications to help inform decisions by policymakers and to support programs and management operations of the Department of State.”

Congress aimed to strengthen the Chief Information Officer by formally requiring the position’s inclusion in all decisions about information tech expenditures at the Department. The goal seems to be to streamline the adoption of enterprise wide software and tools.

Other Miscellaneous

Required training in multilateral diplomacy for those serving in international organizations.

Requires a report on a proposed National Advertising Campaign to support State Department recruitment. Also expands the Diplomats in Residence program.

Provisions for tandem couples in the Foreign Service to protect “family togetherness.”

Increased accountability in assignment restrictions.

Requirements for the Department to conduct annual employee satisfaction surveys and exit surveys.

Retaliation Prevention Provision: “If there is a pending investigation of discrimination or harassment against a superior who is responsible for rating or reviewing the complainant employee, the complainant shall be reviewed by the superior’s supervisor or other Department employee as appropriate.”

As I said, there’s a lot more in the bill. Check out the full table of contents here and navigate to the full text of the Department of State Authorization of Act of 2023 to learn more:

National Defense Authorization Act for Fiscal Year 2024 (text) (PDF)

DIVISION F--DEPARTMENT OF STATE AUTHORIZATION ACT OF 2023

Sec. 6001. Short title; table of contents.
Sec. 6002. Definitions.

TITLE LXI--DIPLOMATIC SECURITY AND CONSULAR AFFAIRS

Sec. 6101. Special hiring authority for passport services.
Sec. 6102. Quarterly report on passport wait times.
Sec. 6103. Passport travel advisories.
Sec. 6104. Strategy to ensure access to passport services for all Americans.
Sec. 6105. Strengthening the National Passport Information Center.
Sec. 6106. Strengthening passport customer visibility and transparency.
Sec. 6107. Annual Office of Authentications report.
Sec. 6108. Publication and updates of estimated time for processing of passport applications.
Sec. 6109. Authority to designate additional passport acceptance agents.
Sec. 6110. Notification of passport expiration.
Sec. 6111. Use of commercially available technology in online passport renewal program.
Sec. 6112. Electronic payment for passport application fees.
Sec. 6113. Agreements with foreign countries regarding passports nearing expiration.
Sec. 6114. Passport fee exception for search, rescue, and other related disaster relief operations.
Sec. 6115. Increased accountability in assignment restrictions and reviews.
Sec. 6116. Suitability reviews for Foreign Service Institute instructors.
Sec. 6117. Diplomatic security fellowship programs.

TITLE LXII--PERSONNEL MATTERS

Subtitle A--Hiring, Promotion, and Development

Sec. 6201. Adjustment to promotion precepts.
Sec. 6202. Hiring authorities.
Sec. 6203. Extending paths to service for paid student interns.
Sec. 6204. Lateral Entry Program.
Sec. 6205. Mid-Career Mentoring Program.
Sec. 6206. Report on the Foreign Service Institute's language program.
Sec. 6207. Consideration of career civil servants as chiefs of missions.
Sec. 6208. Civil service rotational program.
Sec. 6209. Reporting requirement on chiefs of mission.
Sec. 6210. Report on chiefs of mission and deputy chiefs of mission.
Sec. 6211. Efforts to improve retention and prevent retaliation.
Sec. 6212. National advertising campaign.
Sec. 6213. Expansion of diplomats in residence programs.

Subtitle B--Pay, Benefits, and Workforce Matters

Sec. 6221. Education allowance.
Sec. 6222. Improving mental health services for foreign and civil servants.
Sec. 6223. Emergency back-up care.
Sec. 6224. Exception for government-financed air transportation.
Sec. 6225. Internet at hardship posts.
Sec. 6226. Competitive local compensation plan.
Sec. 6227. Supporting tandem spouses in the Foreign Service.
Sec. 6228. Accessibility at diplomatic missions.
Sec. 6229. Report on breastfeeding accommodations overseas.
Sec. 6230. Determining the effectiveness of knowledge transfers between Foreign Service Officers.
Sec. 6231. Education allowance for dependents of Department of State employees located in United States territories.
Sec. 6232. Overtime pay exception for protective services.

TITLE LXIII--INFORMATION SECURITY AND CYBER DIPLOMACY

Sec. 6301. Data-informed diplomacy.
Sec. 6302. Establishment and expansion of the Bureau Chief Data Officer Program.
Sec. 6303. Establishment of the Chief Artificial Intelligence Officer of the Department of State.
Sec. 6304. Strengthening the Chief Information Officer of the Department of State.
Sec. 6305. Sense of Congress on strengthening enterprise governance.
Sec. 6306. Digital connectivity and cybersecurity partnership.
Sec. 6307. Establishment of a cyberspace, digital connectivity, and related technologies (CDT) fund.
Sec. 6308. Cyber protection support for personnel of the Department of State in positions highly vulnerable to cyber attack.
Sec. 6309. Implementation of GAO High Risk List recommendations.

TITLE LXIV--ORGANIZATION AND OPERATIONS

Sec. 6401. Personal services contractors.
Sec. 6402. Hard-to-fill posts.
Sec. 6403. Enhanced oversight of the Office of Civil Rights.
Sec. 6404. Crisis response operations.
Sec. 6405. Special Envoy to the Pacific Islands Forum.
Sec. 6406. Special Envoy for Belarus.
Sec. 6407. Presidential Envoy for the Abraham Accords, Negev Forum, and Related Integration and Normalization Fora and Agreements.
Sec. 6408. Overseas placement of special appointment positions.
Sec. 6409. Resources for United States nationals unlawfully or wrongfully detained abroad.
Sec. 6410. Establishment of fiscal responsibility award.

TITLE LXV--ECONOMIC DIPLOMACY

Sec. 6501. Report on recruitment, retention, and promotion of Foreign Service economic officers.
Sec. 6502. Mandate to revise Department of State metrics for successful economic and commercial diplomacy.
Sec. 6503. Direction to embassy deal teams.
Sec. 6504. Establishment of a ``Deal Team of the Year'' award.

TITLE LXVI--PUBLIC DIPLOMACY

Sec. 6601. Public diplomacy outreach.
Sec. 6602. Modification on use of funds for Radio Free Europe/Radio Liberty.
Sec. 6603. Report on Radio Free Africa and Radio Free Americas.
Sec. 6604. John Lewis Civil Rights Fellowship program.
Sec. 6605. Domestic engagement and public affairs.
Sec. 6606. Modernization and enhancement strategy.

TITLE LXVII--OTHER MATTERS

Sec. 6701. Internships of United States nationals at international organizations.
Sec. 6702. Training for international organizations.
Sec. 6703. Infrastructure projects and investments by the United States and People's Republic of China.
Sec. 6704. Special envoys.
Sec. 6705. US-ASEAN Center.
Sec. 6706. Briefings on the United States-European Union Trade and Technology Council.
Sec. 6707. Modification and repeal of reports.
Sec. 6708. Art in embassies.
Sec. 6709. Institute for Transatlantic Engagement.
Sec. 6710. Notification of revocation of clearances.