[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8536 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 8536
To establish a commission to reform and modernize the Department of
State.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 27, 2022
Mr. Meijer (for himself and Ms. Jacobs of California) introduced the
following bill; which was referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To establish a commission to reform and modernize the Department of
State.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on Reform and
Modernization of the Department of State Act''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
There is established in the legislative branch the Commission on
Reform and Modernization of the Department of State (in this Act
referred to as the ``Commission'').
SEC. 3. PURPOSES.
The purposes of the Commission are to examine the changing nature
of diplomacy in the 21st century and ways that the Department of State
and its personnel can modernize to advance the interests of the United
States, as well as offer recommendations related to--
(1) the organizational structure of the Department of
State;
(2) personnel-related matters, to include recruitment,
promotion, training, and retention of the Department of State'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;
(3) the Department of State's infrastructure--both domestic
and overseas--to include information technology,
transportation, and security;
(4) the link between diplomacy and defense, intelligence,
development, commercial, health, law enforcement, and other
core United States interests;
(5) core legislation that authorizes United States
diplomacy, including the Foreign Service Act of 1980 (Public
Law 96-465);
(6) related regulations, rules, and processes that define
United States diplomatic efforts, including the Foreign Affairs
Manual;
(7) Chief of Mission authority at United States diplomatic
missions overseas, including authority over employees of other
Federal departments and agencies; and
(8) treaties that impact United States overseas presence.
SEC. 4. MEMBERSHIP.
(a) Composition.--
(1) In general.--The Commission shall be composed of 8
members of whom--
(A) one member shall be appointed by the
chairperson of the Committee on Foreign Affairs of the
House of Representatives;
(B) one member shall be appointed by the ranking
member of the Committee on Foreign Affairs of the House
of Representatives;
(C) one member shall be appointed by the
chairperson of the Committee on Foreign Relations of
the Senate;
(D) one member shall be appointed by the ranking
member of the Committee on Foreign Relations of the
Senate;
(E) one member shall be appointed by the Speaker of
the House of Representatives;
(F) one member shall be appointed by the majority
leader of the Senate;
(G) one member shall be appointed by the minority
leader of the House of Representatives; and
(H) one member shall be appointed by the minority
leader of the Senate.
(2) Deadline for appointment.--The appointments of members
of the Commission under this subsection shall be made not later
than 90 days after the date of enactment of this Act.
(b) Co-Chairpersons.--The Speaker of the House of Representatives
and the majority leader of the Senate shall select one member of the
Commission appointed under subsection (a) to serve as a co-chairperson
of the Commission, and the minority leader of the House of
Representatives and the minority leader of the Senate shall select one
member of the Commission appointed under subsection (a) to serve as a
co-chairperson of the Commission.
(c) Qualifications; Meetings.--
(1) Membership.--
(A) In general.--It is the sense of Congress that
the members of the Commission appointed under
subsection (a) should--
(i) be prominent United States citizens,
with national recognition and significant depth
of experience in international relations and
the Department of State;
(ii) have leadership experience related to
international relations, diplomacy, and data-
driven management;
(iii) have significant expertise in
international relations, diplomacy, economics,
technology, labor relations, energy, and
foreign assistance;
(iv) have an understanding of management
challenges that may hinder the Department of
State in carrying out its mission to the most
effective extent possible; and
(v) maintain a deep understanding of the
Department of State's Civil and Foreign Service
workforces, including the challenges and
opportunities the Department of State faces in
managing two personnel systems.
(B) Prohibitions.--A member of the Commission
appointed under subsection (a) may not--
(i) be a current Member of Congress; or
(ii) be a current or former registrant
under the Foreign Agents Registration Act of
1938 (22 U.S.C. 611 et seq.).
(2) Meetings.--
(A) Initial meeting.--The Commission shall hold its
first meeting not later than 30 days after the date on
which all members of the Commission have been
appointed.
(B) Frequency.--The Commission shall meet at the
call of the co-chairpersons of the Commission.
(C) Quorum.--A majority of the members of the
Commission shall constitute a quorum for purposes of
conducting business, except that two members of the
Commission shall constitute a quorum for purposes of
receiving testimony.
(3) 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.
SEC. 5. FUNCTIONS OF COMMISSION.
(a) In General.--The Commission shall act by resolution agreed to
by a majority of the members of the Commission voting and present.
(b) 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 Act. 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 shall not be
considered the findings and determinations of the Commission unless
approved by the Commission.
(c) Delegation.--Any member, agent, or staff of the Commission may,
if authorized by the co-chairpersons of the Commission, take any action
which the Commission is authorized to take pursuant to this Act.
SEC. 6. POWERS OF COMMISSION.
(a) Hearings and Evidence.--The Commission or, as delegated by the
co-chairpersons of the Commission, any panel or member thereof, may,
for the purpose of carrying out this Act--
(1) 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;
(2) 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
(3) 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.
(b) Contracts.--The Commission may, to such extent and in such
amounts as are provided in appropriation Acts, enter into contracts to
enable the Commission to discharge its duties under this Act.
(c) Information From Federal Agencies.--
(1) 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 Act.
(2) Furnishing information.--Each department, bureau,
agency, board, commission, office, independent establishment,
or instrumentality shall, to the extent authorized by law,
furnish such information, suggestions, estimates, and
statistics directly to the Commission, upon request made by a
co-chairperson of the Commission, the chairman of any panel
created by a majority of the Commission, or any member
designated by a majority of the Commission.
(3) Handling.--Information shall only be received, handled,
stored, and disseminated by members of the Commission and its
staff consistent with all applicable statutes, regulations, and
Executive orders.
(d) Assistance From Federal Agencies.--
(1) Secretary of state.--The Secretary of State shall
provide to the Commission, on a non-reimbursable basis, such
administrative services, funds, staff, facilities, and other
support services as are necessary for the performance of the
Commission's duties under this Act.
(2) 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.
(3) 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-chairpersons of the Commission,
for the fulfillment of the duties of the Commission, including
the provision of full and current briefings and analyses.
(4) Designation.--The Secretary of State shall designate an
individual from the Department of State at the level of
Assistant Secretary to engage and liaise with the Commission.
(e) Assistance From Independent Organizations.--
(1) In general.--In order to inform its work, the
Commission should review reports written within the last 15
years by independent organizations and outside experts relating
to reform and modernization of the Department of State.
(2) Avoiding duplication.--In analyzing the reports
specified under paragraph (1), the Commission should pay
particular attention to any specific reform proposal that has
been recommended by two or more such reports.
(f) 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.
(g) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
(h) Congressional Consultation.--Not less frequently than once
every 90 days, the Commission shall provide a briefing to the Committee
on Foreign Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate regarding the work of the Commission.
SEC. 7. STAFF AND COMPENSATION.
(a) Staff.--
(1) Compensation.--The co-chairpersons of the Commission,
in accordance with rules agreed upon 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.
(2) 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.
(3) Procurement of temporary and intermittent services.--
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 that title.
(b) Commission Members.--
(1) Compensation.--
(A) In general.--Except as provided in paragraph
(2), each member of the Commission may be compensated
at 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 Act.
(B) Waiver of certain provisions.--Subsections (a)
through (d) of section 824 of the Foreign Service Act
of 1980 (22 U.S.C. 4064) are waived for an annuitant on
a temporary basis so as to be compensated for work
performed as part of the Commission.
(c) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
and staff of the Commission, as well as 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 the Government service are allowed
expenses under section 5703(b) of title 5, United States Code.
(d) Security Clearances for Commission Members and Staff.--The
appropriate Federal agencies or departments shall cooperate with the
Commission in expeditiously providing to the Commission members and
staff appropriate security clearances to the extent possible pursuant
to existing procedures and requirements, except that no person shall be
provided with access to classified information under this Act without
the appropriate security clearances.
SEC. 8. REPORT.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Commission shall submit to the President and
Congress a final report that examines all substantive aspects of
Department of State personnel, management, and operations and contains
such findings, conclusions, and recommendations for corrective measures
as have been agreed to by a majority of Commission members.
(b) Elements.--The report required under subsection (a) shall
include findings, conclusions, and recommendations related to--
(1) the organizational structure of the Department of
State;
(2) personnel-related matters, to include recruitment,
promotion, training, and retention of the Department of State'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;
(3) the Department of State's infrastructure--both domestic
and overseas--to include information technology,
transportation, and security;
(4) the link between diplomacy and defense, intelligence,
development, commercial, health, law enforcement, and other
core United States interests;
(5) core legislation that authorizes United States
diplomacy;
(6) related regulations, rules, and processes that define
United States diplomatic efforts, including the Foreign Affairs
Manual;
(7) treaties that impact United States overseas presence;
(8) 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 of
State and other Federal employees at overseas posts;
(9) any other areas that the Commission consider necessary
for a complete appraisal of United States diplomacy and
Department of State management and operations; and
(10) the amount of time, manpower, and financial resources
that would be necessary to implement the recommendations
specified under this subsection.
(c) Department of State Response.--Before the Commission submits
its report to the President and Congress, the Secretary of State shall
have the right to review and respond to all Commission recommendations
not later than 90 days after receiving the recommendations from the
Commission.
SEC. 9. TERMINATION OF COMMISSION.
(a) In General.--The Commission, and all the authorities under this
Act, shall terminate 180 days after the date on which the final report
is submitted under section 8.
(b) Administrative Activities Before Termination.--The Commission
may use the 180-day period referred to in subsection (a) for the
purpose of concluding its activities, including providing testimony to
committees of Congress concerning its reports and disseminating the
report.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
Commission to carry out this Act $6,000,000 for fiscal year 2023.
(b) Availability.--Amounts made available to the Commission under
subsection (a) shall remain available until the termination of the
Commission.
SEC. 11. INAPPLICABILITY OF CERTAIN ADMINISTRATIVE PROVISIONS.
(a) Federal Advisory Committee Act.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Commission.
(b) Freedom of Information Act.--The provisions of section 552 of
title 5, United States Code (commonly referred to as the Freedom of
Information Act), shall not apply to the activities, records, and
proceedings of the Commission under this Act.
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