[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3491 Introduced in Senate (IS)]

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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 and Mr. Cardin) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 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 for the 21st Century Act''.

SEC. 2. ESTABLISHMENT OF COMMISSION.

    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'').

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 
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) 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;
            (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, development, 
        commercial, health, law enforcement, and other core American 
        interests;
            (5) core legislation that authorizes United States 
        diplomacy; and
            (6) 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 who are not 
        Members of Congress should be prominent United States citizens, 
        with national recognition and significant depth of experience 
        in international relations.
            (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.--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.
            (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) 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.
    (f) Gifts.--The Commission may accept, use, and dispose of gifts or 
donations of services or property.

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.--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.
            (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.
    (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.

SEC. 8. REPORT.

    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.

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 $5,000,000 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.
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