[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3491 Reported in Senate (RS)]
<DOC>
Calendar No. 338
117th CONGRESS
2d Session
S. 3491
To establish a commission to reform and modernize the Department of
State.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 12 (legislative day, January 10), 2022
Mr. Hagerty (for himself, Mr. Cardin, Mr. Cruz, and Mr. Kaine)
introduced the following bill; which was read twice and referred to the
Committee on Foreign Relations
April 6, 2022
Reported by Mr. Menendez, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Commission on Reform and
Modernization of the Department of State for the 21st Century
Act''.</DELETED>
<DELETED>SEC. 2. ESTABLISHMENT OF COMMISSION.</DELETED>
<DELETED> There is established in the legislative branch the
Commission on Reform and Modernization of the Department of State for
the 21st Century (in this Act referred to as the
``Commission'').</DELETED>
<DELETED>SEC. 3. PURPOSES.</DELETED>
<DELETED> The purposes of the Commission are to examine the changing
nature of diplomacy in the 21st century and ways that the Department of
State can modernize to advance the interests of the United States, as
well as offer recommendations related to--</DELETED>
<DELETED> (1) the organizational structure of the Department
of State;</DELETED>
<DELETED> (2) all 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;</DELETED>
<DELETED> (3) the Department of State's infrastructure--both
domestic and overseas--to include information technology,
transportation, and security;</DELETED>
<DELETED> (4) the link between diplomacy and defense,
development, commercial, health, law enforcement, and other
core American interests;</DELETED>
<DELETED> (5) core legislation that authorizes United States
diplomacy; and</DELETED>
<DELETED> (6) treaties that impact United States overseas
presence.</DELETED>
<DELETED>SEC. 4. MEMBERSHIP.</DELETED>
<DELETED> (a) Composition.--The Commission shall be composed of 8
members of whom--</DELETED>
<DELETED> (1) 1 member shall be appointed by the chairperson
of the Committee on Foreign Relations of the Senate, who shall
serve as co-chair of the Commission;</DELETED>
<DELETED> (2) 1 member shall be appointed by the ranking
member of the Committee on Foreign Relations of the Senate, who
shall serve as co-chair of the Commission;</DELETED>
<DELETED> (3) 1 member shall be appointed by the chairperson
of the Committee on Foreign Affairs of the House of
Representatives;</DELETED>
<DELETED> (4) 1 member shall be appointed by the ranking
member of the Committee on Foreign Affairs of the House of
Representatives;</DELETED>
<DELETED> (5) 1 member shall be appointed by the majority
leader of the Senate;</DELETED>
<DELETED> (6) 1 member shall be appointed by the Speaker of
the House of Representatives;</DELETED>
<DELETED> (7) 1 member shall be appointed by the minority
leader of the Senate; and</DELETED>
<DELETED> (8) 1 member shall be appointed by the minority
leader of the House of Representatives.</DELETED>
<DELETED> (b) Qualifications; Meetings.--</DELETED>
<DELETED> (1) Membership.--The members of the Commission who
are not Members of Congress should be prominent United States
citizens, with national recognition and significant depth of
experience in international relations.</DELETED>
<DELETED> (2) Political party affiliation.--Not more than 4
members of the Commission may be from the same political
party.</DELETED>
<DELETED> (3) Meetings.--</DELETED>
<DELETED> (A) Initial meeting.--The Commission shall
hold the first meeting and begin operations as soon as
practicable.</DELETED>
<DELETED> (B) Frequency.--The Commission shall meet
at the call of the co-chairs.</DELETED>
<DELETED> (C) Quorum.--Seven 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.</DELETED>
<DELETED> (4) 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.</DELETED>
<DELETED>SEC. 5. FUNCTIONS OF COMMISSION.</DELETED>
<DELETED> (a) In General.--The Commission shall act by resolution
agreed to by a majority of the members of the Commission voting and
present.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) 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
Act.</DELETED>
<DELETED>SEC. 6. POWERS OF COMMISSION.</DELETED>
<DELETED> (a) Hearings and Evidence.--The Commission or, as
delegated by the co-chairs, any panel or member thereof, may, for the
purpose of carrying out this Act--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Information From Federal Agencies.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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-chair, the chairman of any panel created
by a majority of the Commission, or any member designated by a
majority of the Commission.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Assistance From Federal Agencies.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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-chairs of the Commission, for
the fulfillment of the duties of the Commission, including the
provision of full and current briefings and analyses.</DELETED>
<DELETED> (e) 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.</DELETED>
<DELETED> (f) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.</DELETED>
<DELETED>SEC. 7. STAFF AND COMPENSATION.</DELETED>
<DELETED> (a) Staff.--</DELETED>
<DELETED> (1) Compensation.--The co-chairs 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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Procurement of temporary and intermittent
services.--The Chairperson 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 that title.</DELETED>
<DELETED> (b) Commission Members.--</DELETED>
<DELETED> (1) Compensation.--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.</DELETED>
<DELETED> (2) Travel expenses.--While away from their homes
or regular places of business in the performance of services
for the Commission, members of 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.</DELETED>
<DELETED> (c) 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.</DELETED>
<DELETED>SEC. 8. REPORT.</DELETED>
<DELETED> 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 containing such findings, conclusions, and
recommendations for corrective measures as have been agreed to by a
majority of Commission members.</DELETED>
<DELETED>SEC. 9. TERMINATION OF COMMISSION.</DELETED>
<DELETED> (a) In General.--The Commission, and all the authorities
under this Act, shall terminate 60 days after the date on which the
final report is submitted under section 8.</DELETED>
<DELETED> (b) Administrative Activities Before Termination.--The
Commission may use the 60-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.</DELETED>
<DELETED>SEC. 10. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> (a) In General.--There is authorized to be appropriated to
the Commission to carry out this Act $5,000,000 for fiscal year
2022.</DELETED>
<DELETED> (b) Availability.--Amounts made available to the
Commission under subsection (a) shall remain available until the
termination of the Commission.</DELETED>
<DELETED>SEC. 11. INAPPLICABILITY OF CERTAIN ADMINISTRATIVE
PROVISIONS.</DELETED>
<DELETED> (a) Federal Advisory Committee Act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
Commission.</DELETED>
<DELETED> (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.</DELETED>
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.--The Commission shall be composed of 8 members of
whom--
(1) 1 member shall be appointed by the chairperson of the
Committee on Foreign Relations of the Senate, who shall serve
as co-chair of the Commission;
(2) 1 member shall be appointed by the ranking member of
the Committee on Foreign Relations of the Senate, who shall
serve as co-chair of the Commission;
(3) 1 member shall be appointed by the chairperson of the
Committee on Foreign Affairs of the House of Representatives;
(4) 1 member shall be appointed by the ranking member of
the Committee on Foreign Affairs of the House of
Representatives;
(5) 1 member shall be appointed by the majority leader of
the Senate;
(6) 1 member shall be appointed by the Speaker of the House
of Representatives;
(7) 1 member shall be appointed by the minority leader of
the Senate; and
(8) 1 member shall be appointed by the minority leader of
the House of Representatives.
(b) Qualifications; Meetings.--
(1) Membership.--The members of the Commission should be
prominent United States citizens, with national recognition and
significant depth of experience in international relations and
the Department of State.
(2) Political party affiliation.--Not more than 4 members
of the Commission may be from the same political party.
(3) Meetings.--
(A) Initial meeting.--The Commission shall hold the
first meeting and begin operations as soon as
practicable.
(B) Frequency.--The Commission shall meet at the
call of the co-chairs.
(C) Quorum.--Five 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.
(4) 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-chairs 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-chairs, 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-chair, 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-chairs of the Commission, for the
fulfillment of the duties of the Commission, including the
provision of full and current briefings and analyses.
(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.--No less frequently than once every
90 days, the Commission shall provide a briefing to the Committee on
Foreign Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives about the work of the Commission.
SEC. 7. STAFF AND COMPENSATION.
(a) Staff.--
(1) Compensation.--The co-chairs 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 Chairperson 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 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 them from the Commission.
SEC. 9. TERMINATION OF COMMISSION.
(a) In General.--The Commission, and all the authorities under this
Act, shall terminate 60 days after the date on which the final report
is submitted under section 8.
(b) Administrative Activities Before Termination.--The Commission
may use the 60-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 $2,000,000 for fiscal year 2022.
(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.
Calendar No. 338
117th CONGRESS
2d Session
S. 3491
_______________________________________________________________________
A BILL
To establish a commission to reform and modernize the Department of
State.
_______________________________________________________________________
April 6, 2022
Reported with an amendment