II
Calendar No. 338
117th CONGRESS
2d Session
S. 3491
IN THE SENATE OF THE UNITED STATES
January 12 (legislative day, January 10), 2022
Mr. Hagerty (for himself, Mr. Cardin, Mr. Cruz, and Mr. Kaine) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations
April 6, 2022
Reported by Mr. Menendez, with an amendment
Strike out all after the enacting clause and insert the part printed in italic
A BILL
To establish a commission to reform and modernize the Department of State.
Short title
This Act may be cited as the Commission on Reform and Modernization of the Department of State for the 21st Century Act
.
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
).
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—
the organizational structure of the Department of State;
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;
the Department of State’s infrastructure—both domestic and overseas—to include information technology, transportation, and security;
the link between diplomacy and defense, development, commercial, health, law enforcement, and other core American interests;
core legislation that authorizes United States diplomacy; and
treaties that impact United States overseas presence.
Membership
Composition
The Commission shall be composed of 8 members of whom—
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;
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;
1 member shall be appointed by the chairperson of the Committee on Foreign Affairs of the House of Representatives;
1 member shall be appointed by the ranking member of the Committee on Foreign Affairs of the House of Representatives;
1 member shall be appointed by the majority leader of the Senate;
1 member shall be appointed by the Speaker of the House of Representatives;
1 member shall be appointed by the minority leader of the Senate; and
1 member shall be appointed by the minority leader of the House of Representatives.
Qualifications; meetings
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.
Political party affiliation
Not more than 4 members of the Commission may be from the same political party.
Meetings
Initial meeting
The Commission shall hold the first meeting and begin operations as soon as practicable.
Frequency
The Commission shall meet at the call of the co-chairs.
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.
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.
Functions of Commission
In general
The Commission shall act by resolution agreed to by a majority of the members of the Commission voting and present.
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.
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.
Powers of Commission
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—
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;
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
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.
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.
Information from Federal agencies
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.
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.
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.
Assistance from Federal agencies
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.
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.
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.
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.
Gifts
The Commission may accept, use, and dispose of gifts or donations of services or property.
Staff and compensation
Staff
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.
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.
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.
Commission members
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.
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.
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.
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.
Termination of Commission
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.
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.
Authorization of appropriations
In general
There is authorized to be appropriated to the Commission to carry out this Act $5,000,000 for fiscal year 2022.
Availability
Amounts made available to the Commission under subsection (a) shall remain available until the termination of the Commission.
Inapplicability of certain administrative provisions
Federal Advisory Committee Act
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.
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.
Short title
This Act may be cited as the Commission on Reform and Modernization of the Department of State Act
.
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
).
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—
the organizational structure of the Department of State;
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;
the Department of State’s infrastructure—both domestic and overseas—to include information technology, transportation, and security;
the link between diplomacy and defense, intelligence, development, commercial, health, law enforcement, and other core United States interests;
core legislation that authorizes United States diplomacy, including the Foreign Service Act of 1980 (Public Law 96–465);
related regulations, rules, and processes that define United States diplomatic efforts, including the Foreign Affairs Manual;
Chief of Mission authority at United States diplomatic missions overseas, including authority over employees of other Federal departments and agencies; and
treaties that impact United States overseas presence.
Membership
Composition
The Commission shall be composed of 8 members of whom—
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;
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;
1 member shall be appointed by the chairperson of the Committee on Foreign Affairs of the House of Representatives;
1 member shall be appointed by the ranking member of the Committee on Foreign Affairs of the House of Representatives;
1 member shall be appointed by the majority leader of the Senate;
1 member shall be appointed by the Speaker of the House of Representatives;
1 member shall be appointed by the minority leader of the Senate; and
1 member shall be appointed by the minority leader of the House of Representatives.
Qualifications; meetings
Membership
The members of the Commission should be prominent United States citizens, with national recognition and significant depth of experience in international relations and the Department of State.
Political party affiliation
Not more than 4 members of the Commission may be from the same political party.
Meetings
Initial meeting
The Commission shall hold the first meeting and begin operations as soon as practicable.
Frequency
The Commission shall meet at the call of the co-chairs.
Quorum
Five 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.
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.
Functions of Commission
In general
The Commission shall act by resolution agreed to by a majority of the members of the Commission voting and present.
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.
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.
Powers of Commission
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—
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;
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
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.
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.
Information from Federal agencies
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.
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.
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.
Assistance from Federal agencies
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.
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.
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.
Assistance from independent organizations
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.
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.
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.
Gifts
The Commission may accept, use, and dispose of gifts or donations of services or property.
Congressional consultation
No less frequently than once every 90 days, the Commission shall provide a briefing to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives about the work of the Commission.
Staff and compensation
Staff
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.
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.
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.
Commission members
Compensation
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.
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.
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.
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.
Report
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.
Elements
The report required under subsection (a) shall include findings, conclusions, and recommendations related to—
the organizational structure of the Department of State;
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;
the Department of State’s infrastructure—both domestic and overseas—to include information technology, transportation, and security;
the link between diplomacy and defense, intelligence, development, commercial, health, law enforcement, and other core United States interests;
core legislation that authorizes United States diplomacy;
related regulations, rules, and processes that define United States diplomatic efforts, including the Foreign Affairs Manual;
treaties that impact United States overseas presence;
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;
any other areas that the Commission consider necessary for a complete appraisal of United States diplomacy and Department of State management and operations; and
the amount of time, manpower, and financial resources that would be necessary to implement the recommendations specified under this subsection.
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 them from the Commission.
Termination of Commission
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.
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.
Authorization of appropriations
In general
There is authorized to be appropriated to the Commission to carry out this Act $2,000,000 for fiscal year 2022.
Availability
Amounts made available to the Commission under subsection (a) shall remain available until the termination of the Commission.
Inapplicability of certain administrative provisions
Federal advisory committee act
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.
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.
April 6, 2022
Reported with an amendment