[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5648-S5650]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6094. Mr. HAGERTY (for himself and Mr. Cardin) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle F of title XII, add the following:

     SEC. 1276. COMMISSION ON REFORM AND MODERNIZATION OF THE 
                   DEPARTMENT OF STATE.

       (a) Short Title.--This section may be cited as the 
     ``Commission on Reform and Modernization of the Department of 
     State Act''.
       (b) Establishment of Commission.--There is established, in 
     the legislative branch, the Commission on Reform and 
     Modernization of the Department of State (referred to in this 
     section as the ``Commission'').
       (c) Purposes.--The purposes of the Commission are--
       (1) to examine the changing nature of diplomacy in the 21st 
     century and the ways in which the Department of State and its 
     personnel can modernize to advance the interests of the 
     United States; and
       (2) to offer recommendations to the President and Congress 
     related to--
       (A) the organizational structure of the Department of 
     State, including a review of the jurisdictional 
     responsibilities of all of the Department's regional bureaus 
     (the Bureau of African Affairs, the Bureau of East Asian and 
     Pacific Affairs, the Bureau of European and Eurasian Affairs, 
     the Bureau of Near Eastern Affairs, the Bureau of South and 
     Central Asian Affairs, and the Bureau of Western Hemisphere 
     Affairs);
       (B) personnel-related matters, including 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;
       (C) the Department of State's infrastructure (both domestic 
     and overseas), including infrastructure relating to 
     information technology, transportation, and security;
       (D) the link among diplomacy and defense, intelligence, 
     development, commercial, health, law enforcement, and other 
     core United States interests;
       (E) core legislation that authorizes United States 
     diplomacy, including the Foreign Service Act of 1980 (Public 
     Law 96-465);
       (F) related regulations, rules, and processes that define 
     United States diplomatic efforts, including the Foreign 
     Affairs Manual;
       (G) Chief of Mission authority at United States diplomatic 
     missions overseas, including authority over employees of 
     other Federal departments and agencies; and
       (H) treaties that impact United States overseas presence.
       (d) Membership.--
       (1) Composition.--The Commission shall be composed of 8 
     members, of whom--
       (A) 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;
       (B) 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;
       (C) 1 member shall be appointed by the chairperson of the 
     Committee on Foreign Affairs of the House of Representatives;
       (D) 1 member shall be appointed by the ranking member of 
     the Committee on Foreign Affairs of the House of 
     Representatives;
       (E) 1 member shall be appointed by the majority leader of 
     the Senate;
       (F) 1 member shall be appointed by the Speaker of the House 
     of Representatives;
       (G) 1 member shall be appointed by the minority leader of 
     the Senate; and
       (H) 1 member shall be appointed by the minority leader of 
     the House of Representatives.
       (2) Qualifications; meetings.--
       (A) Membership.--The members of the Commission should be 
     prominent United States citizens, with national recognition 
     and significant depth of experience in international 
     relations and with the Department of State.
       (B) Political party affiliation.--Not more than 4 members 
     of the Commission may be from the same political party.
       (C) Meetings.--
       (i) Initial meeting.--The Commission shall hold the first 
     meeting and begin operations as soon as practicable.
       (ii) Frequency.--The Commission shall meet at the call of 
     the co-chairs.
       (iii) Quorum.--Five members of the Commission shall 
     constitute a quorum for purposes of conducting business, 
     except that 2 members of the Commission shall constitute a 
     quorum for purposes of receiving testimony.
       (D) 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.
       (e) Functions of Commission.--
       (1) In general.--The Commission shall act by resolution 
     agreed to by a majority of the members of the Commission 
     voting and present.
       (2) 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 section. The actions of any such

[[Page S5649]]

     panel shall be subject to the review and control of the 
     Commission. Any findings and determinations made by such a 
     panel may not be considered the findings and determinations 
     of the Commission unless such findings and determinations are 
     approved by the Commission.
       (3) 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 section.
       (f) Powers of Commission.--
       (1) Hearings and evidence.--The Commission or any panel or 
     member of the Commission, as delegated by the co-chairs, may, 
     for the purpose of carrying out this section--
       (A) 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;
       (B) 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
       (C) 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.
       (2) Contracts.--The Commission, to such extent and in such 
     amounts as are provided in appropriations Acts, may enter 
     into contracts to enable the Commission to discharge its 
     duties under this section.
       (3) Information from federal agencies.--
       (A) 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 section.
       (B) Furnishing information.--Each department, bureau, 
     agency, board, commission, office, independent establishment, 
     or instrumentality, to the extent authorized by law, shall 
     furnish such information, suggestions, estimates, and 
     statistics directly to the Commission, upon request made by a 
     co-chair, the chair of any panel created by a majority of the 
     Commission, or any member designated by a majority of the 
     Commission.
       (C) Handling.--Information may only be received, handled, 
     stored, and disseminated by members of the Commission and its 
     staff in accordance with all applicable statutes, 
     regulations, and Executive orders.
       (4) Assistance from federal agencies.--
       (A) Secretary of state.--The Secretary of State shall 
     provide to the Commission, on a nonreimbursable basis, such 
     administrative services, funds, staff, facilities, and other 
     support services as are necessary for the performance of the 
     Commission's duties under this section.
       (B) 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.
       (C) 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.
       (5) Assistance from independent organizations.--
       (A) In general.--In order to inform its work, the 
     Commission should review reports that were written during the 
     15-year period ending on the date of the enactment of this 
     Act by independent organizations and outside experts relating 
     to reform and modernization of the Department of State.
       (B) Avoiding duplication.--In analyzing the reports 
     referred to in subparagraph (A), the Commission should pay 
     particular attention to any specific reform proposals that 
     have been recommended by 2 or more of such reports.
       (6) 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.
       (7) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.
       (8) Congressional consultation.--Not less frequently than 
     quarterly, the Commission shall provide a briefing to the 
     appropriate congressional committees about the work of the 
     Commission.
       (g) Staff and Compensation.--
       (1) Staff.--
       (A) Compensation.--The co-chairs of the Commission, in 
     accordance with rules established 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.
       (B) 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.
       (C) Procurement of temporary and intermittent services.--
     The co-chairs 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 such title.
       (2) Commission members.--
       (A) Compensation.--
       (i) In general.--Except as provided in paragraph (2), each 
     member of the Commission may be compensated at a rate 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 
     section.
       (ii) 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.
       (3) Travel expenses.--While away from their homes or 
     regular places of business in the performance of service for 
     the Commission, members and staff of the Commission, and 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 Government service are allowed expenses 
     under section 5703(b) of title 5, United States Code.
       (4) Security clearances for commission members and staff.--
     The appropriate Federal agencies or departments shall 
     cooperate with the Commission in expeditiously providing to 
     Commission members and staff appropriate security clearances 
     to the extent possible pursuant to existing procedures and 
     requirements, except that no person shall be provided access 
     to classified information under this section without the 
     appropriate security clearances.
       (h) Report.--
       (1) In general.--Not later than 18 months after the date of 
     the enactment of this Act, the Commission shall submit a 
     final report to the President and to Congress that--
       (A) examines all substantive aspects of Department of State 
     personnel, management, and operations; and
       (B) contains such findings, conclusions, and 
     recommendations for corrective measures as have been agreed 
     to by a majority of Commission members.
       (2) Elements.--The report required under paragraph (1) 
     shall include findings, conclusions, and recommendations 
     related to--
       (A) the organizational structure of the Department of 
     State, including recommendations on whether any of the 
     jurisdictional responsibilities among the bureaus referred to 
     in subsection (c)(2)(A) should be adjusted, with particular 
     focus on the opportunities and costs of adjusting 
     jurisdictional responsibility between the Bureau of Near 
     Eastern Affairs to the Bureau of African Affairs, the Bureau 
     of East Asian and Pacific Affairs, the Bureau of South and 
     Central Asian Affairs, and any other bureaus as may be 
     necessary to advance United States efforts to strengthen its 
     diplomatic engagement in the Indo-Pacific region;
       (B) personnel-related matters, including 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;
       (C) the Department of State's infrastructure (both domestic 
     and overseas), including infrastructure relating to 
     information technology, transportation, and security;
       (D) the link between diplomacy and defense, intelligence, 
     development, commercial, health, law enforcement, and other 
     core United States interests;
       (E) core legislation that authorizes United States 
     diplomacy;
       (F) related regulations, rules, and processes that define 
     United States diplomatic efforts, including the Foreign 
     Affairs Manual;
       (G) treaties that impact United States overseas presence;
       (H) 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 employees and other Federal employees at 
     overseas posts;
       (I) any other areas that the Commission considers necessary 
     for a complete appraisal of United States diplomacy and 
     Department of State management and operations; and
       (J) the amount of time, manpower, and financial resources 
     that would be necessary to implement the recommendations 
     specified under this paragraph.
       (3) Department of state response.--The Secretary of State 
     shall have the right to review and respond to all Commission 
     recommendations--

[[Page S5650]]

       (A) before the Commission submits its report to the 
     President and to Congress; and
       (B) not later than 90 days after receiving such 
     recommendations from the Commission.
       (i) Termination of Commission.--
       (1) In general.--The Commission, and all the authorities 
     under this section, shall terminate on the date that is 60 
     days after the date on which the final report is submitted 
     pursuant to subsection (h).
       (2) Administrative activities before termination.--The 
     Commission may use the 60-day period referred to in paragraph 
     (1) for the purpose of concluding its activities, including 
     providing testimony to committees of Congress concerning its 
     reports and disseminating the report.
       (j) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Commission to carry out this section $2,000,000 for 
     fiscal year 2023.
       (2) Availability.--Amounts made available to the Commission 
     pursuant to paragraph (1) shall remain available until the 
     date on which the Commission is terminated pursuant to 
     subsection (i)(1).
       (k) Inapplicability of Certain Administrative Provisions.--
       (1) Federal advisory committee act.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the 
     Commission.
       (2) 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.
                                 ______