[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8780 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 8780

To improve hiring authorities available to the Secretary of State with 
         respect to expertise on China, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 9, 2022

  Mr. Bera (for himself and Mr. Barr) introduced the following bill; 
         which was referred to the Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
To improve hiring authorities available to the Secretary of State with 
         respect to expertise on China, and for other purposes.

    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 ``Expand eXpertise in China Education 
and Language Act'' or the ``EXCEL Act''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) strategic competition with the Government of the 
        People's Republic of China (PRC) and the Chinese Communist 
        Party (CCP) is the most significant geostrategic challenge the 
        United States faces to security and prosperity in the 21st 
        century;
            (2) the United States Government needs to further invest in 
        relevant linguistic, cultural, and regional expertise to 
        effectively engage in strategic competition with the People's 
        Republic of China; and
            (3) existing hiring authorities across the Executive Branch 
        are not being adequately utilized to bring in necessary 
        expertise to win the strategic competition against the People's 
        Republic of China, and that agencies may benefit from 
        additional flexibility to recruit, hire, and retain talent.

SEC. 3. HIRING ADDITIONAL EXPERTISE AT THE DEPARTMENT OF STATE.

    (a) Direct Hire Authority.--
            (1) In general.--Not more than 2 years after the date of 
        enactment of this Act, the Secretary of State shall appoint, 
        without regard to the provisions of sections 3309 through 3318 
        of title V, no fewer than 31 candidates with linguistic, 
        cultural, or regional expertise relevant for strengthening 
        United States understanding of and ability to compete with the 
        People's Republic of China directly to positions in the 
        competitive service, as defined in section 2102 of that title.
            (2) Termination.--The authority provided under subsection 
        (a) shall terminate in 10 years after the date of enactment of 
        this Act.
    (b) Long-Term and Short-Term Contracts.--
            (1) Training.--The Secretary of State shall, to such extent 
        or in such amounts as provided in appropriations Acts, train 
        Foreign Service and Civil Service employees who hold positions 
        relevant to advancing United States policies toward competition 
        with the PRC.
            (2) Topics covered.--The training shall cover the following 
        topics:
                    (A) The domestic and foreign policy objectives of 
                the PRC and the CCP, as demonstrated through publicly 
                available speeches, and PRC and CCP documents.
                    (B) The tools the PRC and the CCP use to achieve 
                those objectives.
                    (C) The role of ideology in shaping CCP policies 
                and outlook.
                    (D) Other topics deemed relevant by the China 
                Strategic Advisory Board.
            (3) Contracting or grants for training.--The Secretary 
        shall provide the training required in subsection (b) by 
        obtaining assistance from knowledgeable persons and 
        organizations through--
                    (A) entering into short-term and long-term 
                contracts, including contracts for the services of 
                consultants;
                    (B) making grants available, or
                    (C) other appropriate measures, as the Secretary 
                deems necessary.

SEC. 4. PROVIDING ENDURING STRATEGIC ADVICE VIA THE CHINA STRATEGIC 
              ADVISORY BOARD.

    (a) Establishment.--There is established an advisory commission to 
be known as the ``China Strategic Advisory Board'' (referred to in this 
section as the ``Advisory Board'').
    (b) Duties and Responsibilities.--The Advisory Board shall--
            (1) provide advice, expertise, and continuity in United 
        States foreign policy matters pertaining to strategic 
        competition with the PRC;
            (2) review recruitment, training, and retention of Civil 
        Service and Foreign Service members with the expertise and 
        experience necessary to support United States policy toward the 
        PRC; and
            (3) review programs across regional and functional bureaus 
        intended to respond to strategic competition with the PRC, 
        including the Counter PRC Malign Influence Fund.
    (c) Membership.--
            (1) Qualifications.--The Advisory Board shall consist of 
        between 12 and 24 members, and shall have at least 10 years of 
        demonstratable record of substantial experience pertaining to 
        issues related to United States strategic competition with 
        China. No sitting officer or employee of the United States 
        Government shall be appointed to the Advisory Board.
            (2) Appointments by democratic party.--The Democratic Party 
        leaders in the House of Representatives and in the Senate shall 
        jointly make the following appointments:
                    (A) One appointment with a term that expires on 
                December 30, 2024.
                    (B) One appointment with a term that expires on 
                December 30, 2026.
                    (C) One appointment with a term that expires on 
                December 30, 2028.
            (3) Appointments by republican party.--The Republican Party 
        leaders in the House of Representatives and in the Senate shall 
        jointly make the following appointments:
                    (A) One appointment with a term that expires on 
                December 30, 2024.
                    (B) One appointment with a term that expires on 
                December 30, 2026.
                    (C) One appointment with a term that expires on 
                December 30, 2028.
            (4) Appointments by president.--The President shall make 
        the following appointments, with at least 2 of the appointees 
        shall be between the ages of 30 and 50 years of age at the time 
        of appointment:
                    (A) Two appointments with a term that expires on 
                December 30, 2024.
                    (B) Two appointments with a term that expires on 
                December 30, 2026.
                    (C) Two appointments with a term that expires on 
                December 30, 2028.
            (5) Appointments by secretary of state.--The Secretary of 
        State shall make the following appointments, totaling at least 
        6 appointments and no more than a maximum of 12 appointments:
                    (A) Two appointments with a term that expires on 
                December 30, 2024.
                    (B) Two appointments with a term that expires on 
                December 30, 2026.
                    (C) Two appointments with a term that expires on 
                December 30, 2028.
                    (D) The appointees shall meet the following 
                criteria:
                            (i) At least one of the appointees shall be 
                        between the ages of 30 and 50 years of age at 
                        the time of appointment.
                            (ii) At least one shall be able to credibly 
                        represent the views of the United States 
                        business community.
                            (iii) At least one shall have demonstrable 
                        experience as a United States diplomat.
            (6) Deadline.--Each appointing authority referred to in 
        paragraphs (2) through (5) shall make appointments not later 
        than January 1, 2023.
            (7) Replacement.--Each appointing authority referred to in 
        paragraphs (2) through (5) shall make appointments to replace 
        the appointees that the authority appointed whose terms have 
        expired. The appointing authority shall make replacement 
        appointments not later than January 30th of the calendar year 
        following the term expiration.
    (d) Term.--
            (1) In general.--Following the initial appointments 
        described in subsections (c)(2) through (c)(5), the term of 
        each member shall be 6 years.
            (2) Additional terms.--Members may be reappointed for no 
        more than one additional term of service.
            (3) Rotating term expiration.--Following 6 years of service 
        for the first class of Advisory Board members, the terms of \1/
        3\ of the body shall expire. Every two subsequent years 
        following that date, the terms of \1/3\ of the members shall 
        expire on a rotational basis. Each appointing authority 
        referred to in subsection (c)(2) through (4) shall have 
        rotating permission to appoint new members.
    (e) Selection of Chairperson.--The Advisory Committee shall select, 
from among its members, a chairperson and vice chairperson to each 
serve a term of one year. A chairperson or vice chairperson may be 
reelected upon expiration of his or her term.
    (f) Meetings.--
            (1) Quorum; frequency.--A majority of the members of the 
        Advisory Board shall constitute a quorum. The Advisory Board 
        shall meet at least quarterly or as frequently as may be 
        necessary to carry out its duties.
            (2) Subcommittees.--The Advisory Board may be divided into 
        subcommittees that meet separately from the whole Board.
            (3) Meetings with officials.--The Advisory Board shall 
        collectively meet with the Secretary of State and the 
        Administrator of the U.S. Agency for International Development 
        no less than once per year.
    (g) Briefing.--The Advisory Board shall provide semi-annual 
briefings to the appropriate Congressional committees on findings and 
recommendations.
    (h) Security Clearances.--
            (1) In general.--All members of the Advisory Board shall be 
        granted the necessary security clearances, subject to the 
        standard procedures for granting such clearances.
            (2) Need to know.--For purposes of any law or regulation 
        governing access to classified records, a member of the 
        Advisory Committee seeking access under this paragraph to a 
        record shall be deemed to have a need to know.
    (i) Compensation.--Members of the Advisory Board shall--
            (1) each receive compensation at a rate of not to exceed 
        the daily equivalent of the annual rate of basic pay payable 
        for positions at GS-15 of the General Schedule under section 
        5332 of title 5, United States Code, for each day such member 
        is engaged in the actual performance of the duties of the 
        Advisory Board; and
            (2) be allowed travel expenses, including per diem in lieu 
        of subsistence at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of services of the Advisory Board.
    (j) Authorization of Funding.--There are authorized to be 
appropriated $100,000 for each fiscal year to carry out this section.
    (k) Access to Information.--The Secretary of State shall ensure 
that the Advisory Board has access to all appropriate information to 
carry out its duties and responsibilities under this section.

SEC. 5. IDENTIFYING LONG-TERM SOLUTIONS THROUGH THE GOVERNMENT 
              ACCOUNTABILITY OFFICE.

    (a) Study.--Not later than 2 years after the date of enactment of 
this Act, the Comptroller General of the United States shall conduct a 
study on the personnel capacity and capability at the Department of 
State and USAID to support United States strategic competition with the 
People's Republic of China and on available mechanisms to address any 
identified gaps.
    (b) Elements.--In conducting the study under subsection (a), the 
Comptroller General shall--
            (1) identify the percentage of vacant foreign service 
        positions and civil service positions in the Indo-Pacific vis-
        a-vis other regions globally;
            (2) consult Directors and Deputy Directors the Comptroller 
        at State and USAID that the Comptroller General deems relevant 
        for informing United States policies on competition with the 
        PRC to provide a qualitative assessment of the gaps in 
        understanding of the PRC among the foreign service, civil 
        service, and intelligence community and how this perceived gap 
        hampers their work; and
            (3) identify actions across Congress, the White House, and 
        the Department of State can take in the 1, 5, and 10 year 
        period to address current gaps.
    (c) Briefing and Report.--Not later than 180 days after the date of 
enactment of this Act, and every 180 days thereafter, the Comptroller 
General shall provide the appropriate Congressional Committees an 
interim briefing on the progress of the study conducted under 
subsection (b), including any preliminary observations, interim 
findings, and barriers to completing the work.
    (d) Form.--The study required by subsection (a) may be submitted in 
classified or unclassified form, but must have an unclassified summary.

SEC. 6. DEFINITION.

    In this Act, the term ``appropriate congressional committees'' 
means the Committee on Foreign Affairs of the House of Representatives 
and the Committee on Foreign Relations of the Senate.
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