[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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