Section 1 Short title
This Act may be cited as the “Commission on Reform and Modernization of the Department of State Act”.
Commission on Reform and Modernization of the Department of State Act
A BILL
To establish a commission to reform and modernize the Department of State.
Sec. 2 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”).
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 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.
Sec. 4 Membership
Composition—
In general— The Commission shall be composed of 8 members of whom—
one member shall be appointed by the chairperson of the Committee on Foreign Affairs of the House of Representatives;
one member shall be appointed by the ranking member of the Committee on Foreign Affairs of the House of Representatives;
one member shall be appointed by the chairperson of the Committee on Foreign Relations of the Senate;
one member shall be appointed by the ranking member of the Committee on Foreign Relations of the Senate;
one member shall be appointed by the Speaker of the House of Representatives;
one member shall be appointed by the majority leader of the Senate;
one member shall be appointed by the minority leader of the House of Representatives; and
one member shall be appointed by the minority leader of the Senate.
Deadline for appointment— The appointments of members of the Commission under this subsection shall be made not later than 90 days after the date of enactment of this Act.
Co-Chairpersons— The Speaker of the House of Representatives and the majority leader of the Senate shall select one member of the Commission appointed under subsection (a) to serve as a co-chairperson of the Commission, and the minority leader of the House of Representatives and the minority leader of the Senate shall select one member of the Commission appointed under subsection (a) to serve as a co-chairperson of the Commission.
Qualifications; meetings—
Membership—
In general— It is the sense of Congress that the members of the Commission appointed under subsection (a) should—
be prominent United States citizens, with national recognition and significant depth of experience in international relations and the Department of State;
have leadership experience related to international relations, diplomacy, and data-driven management;
have significant expertise in international relations, diplomacy, economics, technology, labor relations, energy, and foreign assistance;
have an understanding of management challenges that may hinder the Department of State in carrying out its mission to the most effective extent possible; and
maintain a deep understanding of the Department of State’s Civil and Foreign Service workforces, including the challenges and opportunities the Department of State faces in managing two personnel systems.
Prohibitions— A member of the Commission appointed under subsection (a) may not—
be a current Member of Congress; or
be a current or former registrant under the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.).
Meetings—
Initial meeting— The Commission shall hold its first meeting not later than 30 days after the date on which all members of the Commission have been appointed.
Frequency— The Commission shall meet at the call of the co-chairpersons of the Commission.
Quorum— A majority of the 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.
Sec. 5 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-chairpersons of the Commission, take any action which the Commission is authorized to take pursuant to this Act.
Sec. 6 Powers of commission
Hearings and evidence— The Commission or, as delegated by the co-chairpersons of the Commission, 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-chairperson of the Commission, 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-chairpersons of the Commission, for the fulfillment of the duties of the Commission, including the provision of full and current briefings and analyses.
Designation— The Secretary of State shall designate an individual from the Department of State at the level of Assistant Secretary to engage and liaise with the Commission.
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— Not less frequently than once every 90 days, the Commission shall provide a briefing to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate regarding the work of the Commission.
Sec. 7 Staff and compensation
Staff—
Compensation— The co-chairpersons 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 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.
Sec. 8 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 the recommendations from the Commission.
Sec. 9 Termination of commission
In general— The Commission, and all the authorities under this Act, shall terminate 180 days after the date on which the final report is submitted under section 8.
Administrative activities before termination— The Commission may use the 180-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
Sec. 11 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.