I 

116TH CONGRESS 

1ST SESSION H. R. 4363 

To establish a commission to study how Federal laws and policies affect 

United States citizens living in foreign countries. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 17, 2019 

Mrs. CAROLYN B. MALONEY of New York (for herself and Mr. BEYER) introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Committees on Financial Services, Ways and Means, the Judiciary, House Administration, and Energy 

and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To establish a commission to study how Federal laws and 

policies affect United States citizens living in foreign 

countries. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Commission on Ameri5 cans Living Abroad Act of 2019’’. 


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1 SEC. 2. ESTABLISHMENT. 

2 There is established a commission to be known as the 

3 ‘‘Commission on Americans Living Abroad’’ (in this Act 

4 referred to as the ‘‘Commission’’). 

5 SEC. 3. MEMBERSHIP. 

6 (a) NUMBER AND APPOINTMENT.—The Commission 

7 shall be composed of 10 members appointed by the Presi8 dent, of whom— 

9 (1) two members shall be appointed from 

10 among individuals recommended by the Speaker of 

11 the House of Representatives; 

12 (2) two members shall be appointed from 

13 among individuals recommended by the minority 

14 leader of the House of Representatives; 

15 (3) two members shall be appointed from 

16 among individuals recommended by the majority 

17 leader of the Senate; and 

18 (4) two members shall be appointed from 

19 among individuals recommended by the minority 

20 leader of the Senate. 

21 (b) QUALIFICATIONS.— 

22 (1) LIMIT ON OFFICERS OR EMPLOYEES OF

23 THE UNITED STATES.—Not more than 6 members 

24 shall be officers or employees of the United States. 


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1 (2) POLITICAL PARTY AFFILIATION.—Not more 

2 than 6 members of the Commission may be of the 

3 same political party. 

4 (3) EXPERTISE.— 

5 (A) OFFICERS OR EMPLOYEES OF THE

6 UNITED STATES.—Members of the Commission 

7 who are officers or employees of the United 

8 States shall be appointed from among individ9 uals whose employment is directly related to the 

10 matters to be studied by the Commission under 

11 section 4(a)(2). 

12 (B) OTHER MEMBERS.—Members of the 

13 Commission who are not officers or employees 

14 of the United States shall be appointed from 

15 among individuals who— 

16 (i) have lived in a foreign country for 

17 not less than one year; 

18 (ii) are members of organizations that 

19 represent United States citizens living in 

20 foreign countries; or 

21 (iii) have other experience that is rel22 evant to the matters to be studied by the 

23 Commission under section 4(a)(2). 

24 (c) PERIOD OF APPOINTMENT; VACANCIES.—Mem25 bers shall be appointed for the life of the Commission. Any 


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1 vacancy in the Commission shall be filled in the same man2 ner in which the original appointment was made. Any va3 cancy in the Commission shall not affect its powers. 

4 (d) FIRST MEETING.—Not later than 60 days after 

5 the date on which all members of the Commission have 

6 been appointed, the Commission shall hold its first meet7 ing. 

8 (e) MEETINGS.—The Commission shall meet at the 

9 call of the Chairperson. 

10 (f) QUORUM.—A majority of the members of the 

11 Commission shall constitute a quorum, but a lesser num12 ber of members may hold hearings. 

13 (g) CHAIRPERSON.—The President shall select a 

14 Chairperson for the Commission from among its members. 

15 SEC. 4. DUTIES. 

16 (a) STUDY.— 

17 (1) IN GENERAL.—The Commission shall con18 duct a study on how Federal laws and policies affect 

19 United States citizens living in foreign countries, in20 cluding civilians and members of the Armed Forces. 

21 (2) MATTERS STUDIED.—The matters studied 

22 shall include the following: 

23 (A) Federal financial reporting require24 ments for a United States citizen living in a 

25 foreign country, including the requirements 


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1 under section 5314 of title 31, United States 

2 Code. 

3 (B) Federal policies and requirements that 

4 affect the ability of a United States citizen liv5 ing in a foreign country to access foreign and 

6 domestic financial institutions, including re7 quirements under chapter 4 of the Internal 

8 Revenue Code of 1986 (commonly known as the 

9 ‘‘Foreign Account Tax Compliance Act’’) and 

10 requirements affecting financial institutions im11 posed by the Uniting and Strengthening Amer12 ica by Providing Appropriate Tools Required to 

13 Intercept and Obstruct Terrorism Act of 2001 

14 (USA Patriot Act) (Public Law 107–56). 

15 (C) Federal requirements for a spouse, 

16 child, or another family member of a United 

17 States citizen living in a foreign country who is 

18 not a United States citizen to become a United 

19 States citizen. 

20 (D) The ability of a United States citizen 

21 living in a foreign country to vote in Federal, 

22 State, and local elections in the United States, 

23 and the process for such a citizen to vote in 

24 such elections. 


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1 (E) The processes by which a United 

2 States citizen living in a foreign country inter3 acts with Federal programs such as Social Se4 curity and Medicare. 

5 (F) Which Federal agencies have jurisdic6 tion over each Federal program that serves 

7 United States citizens who live in foreign coun8 tries and possible methods to improve the col9 laboration of and coordination between such 

10 Federal agencies. 

11 (b) CONSULTATION WITH OUTSIDE ORGANIZA12 TIONS.—In conducting the study under subsection (a), the 

13 Commission shall consult with organizations that rep14 resent United States citizens living in foreign countries. 

15 (c) REPORTS.— 

16 (1) INITIAL REPORT.—Not later than one year 

17 after the date of enactment of this Act, the Commis18 sion shall submit a report to the President, Con19 gress, and the head of any Federal agency identified 

20 in subsection (a)(2)(F), which shall contain a de21 tailed statement of the findings and conclusions of 

22 the Commission, together with its recommendations 

23 for such legislative and administrative actions as it 

24 considers appropriate. 


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1 (2) UPDATE.—Not later than one year after the 

2 date on which the Commission submits the report 

3 under paragraph (1), the Commission shall submit 

4 an update to the President, Congress, and the head 

5 of any Federal agency identified in subsection 

6 (a)(2)(F), which shall describe any administrative 

7 actions taken by the head of any Federal agency 

8 pursuant to the recommendations in such report. 

9 SEC. 5. POWERS OF THE COMMISSION. 

10 (a) HEARINGS AND SESSIONS.—The Commission 

11 may, for the purpose of carrying out this Act, hold hear12 ings, sit and act at times and places, take testimony, and 

13 receive evidence as the Commission considers appropriate. 

14 (b) POWERS OF MEMBERS AND AGENTS.—Any mem15 ber or agent of the Commission may, if authorized by the 

16 Commission, take any action which the Commission is au17 thorized to take by this section. 

18 (c) OBTAINING OFFICIAL DATA.—Subject to section 

19 6103 of the Internal Revenue Code of 1986, the Commis20 sion may secure directly from any Federal department or 

21 agency such information as the Commission considers nec22 essary to carry out this Act. Upon request of the Chair23 person of the Commission, the head of such department 

24 or agency shall furnish such information to the Commis25 sion. 


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1 (d) MAILS.—The Commission may use the United 

2 States mails in the same manner and under the same con3 ditions as other departments and agencies of the United 

4 States. 

5 SEC. 6. COMMISSION PERSONNEL MATTERS. 

6 (a) COMPENSATION OF MEMBERS.—Each member of 

7 the Commission who is not an officer or employee of the 

8 United States shall be compensated at a rate equal to the 

9 daily equivalent of the annual rate of basic pay prescribed 

10 for level IV of the Executive Schedule under section 5315 

11 of title 5, United States Code, for each day (including 

12 travel time) during which such member is engaged in the 

13 performance of the duties of the Commission. All members 

14 of the Commission who are officers or employees of the 

15 United States shall serve without compensation in addi16 tion to that received for their services as officers or em17 ployees of the United States. 

18 (b) TRAVEL EXPENSES.—The members of the Com19 mission shall be allowed travel expenses, including per 

20 diem in lieu of subsistence, at rates authorized for employ21 ees of agencies under subchapter I of chapter 57 of title 

22 5, United States Code, while away from their homes or 

23 regular places of business in the performance of services 

24 for the Commission. 

25 (c) STAFF.— 


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1 (1) IN GENERAL.—The Chairperson of the 

2 Commission may, without regard to the civil service 

3 laws and regulations, appoint and terminate an exec4 utive director and such other additional personnel as 

5 may be necessary to enable the Commission to per6 form its duties. The employment of an executive di7 rector shall be subject to confirmation by the Com8 mission. 

9 (2) COMPENSATION.—The Chairperson of the 

10 Commission may fix the compensation of the execu11 tive director and other personnel without regard to 

12 chapter 51 and subchapter III of chapter 53 of title 

13 5, United States Code, relating to classification of 

14 positions and General Schedule pay rates, except 

15 that the rate of pay for the executive director and 

16 other personnel may not exceed the rate payable for 

17 level V of the Executive Schedule under section 5316 

18 of such title. 

19 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Any 

20 United States employee may be detailed to the Commis21 sion without reimbursement, and such detail shall be with22 out interruption or loss of civil service status or privilege. 

23 (e) PROCUREMENT OF TEMPORARY AND INTERMIT24 TENT SERVICES.—The Chairperson of the Commission 

25 may procure temporary and intermittent services under 


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1 section 3109(b) of title 5, United States Code, at rates 

2 for individuals that do not exceed the daily equivalent of 

3 the annual rate of basic pay prescribed for level V of the 

4 Executive Schedule under section 5316 of such title. 

5 SEC. 7. FEDERAL AGENCY RESPONSE. 

6 Not later than 180 days after the date on which the 

7 Commission submits the report under section 4(c)(1), the 

8 head of any Federal agency that is affected by a rec9 ommendation in such report shall submit to the President, 

10 Congress, and the Commission a response to such rec11 ommendation, including any plans to take administrative 

12 action pursuant to such recommendation. 

13 SEC. 8. TERMINATION. 

14 The Commission shall terminate on the date on which 

15 it submits its update under section 4(c)(2). 

16 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

17 There is authorized to be appropriated $2,000,000 

18 for each of fiscal years 2020 and 2021 to the Commission 

19 to carry out this Act, to remain available until the termi20 nation of the Commission. 

Æ 


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