[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
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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--
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(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.
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