II 

Calendar No. 338 

117TH CONGRESS 

2D SESSION S. 3491 

To establish a commission to reform and modernize the Department of State. 

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. 

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 Reform 

5 and Modernization of the Department of State for the 

6 21st Century Act’’. 


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1 SEC. 2. ESTABLISHMENT OF COMMISSION. 

2 There is established in the legislative branch the 

3 Commission on Reform and Modernization of the Depart4 ment of State for the 21st Century (in this Act referred 

5 to as the ‘‘Commission’’). 

6 SEC. 3. PURPOSES. 

7 The purposes of the Commission are to examine the 

8 changing nature of diplomacy in the 21st century and 

9 ways that the Department of State can modernize to ad10 vance the interests of the United States, as well as offer 

11 recommendations related to— 

12 (1) the organizational structure of the Depart13 ment of State; 

14 (2) all personnel-related matters, to include re15 cruitment, promotion, training, and retention of the 

16 Department of State’s workforce in order to retain 

17 the best and brightest personnel and foster effective 

18 diplomacy worldwide; 

19 (3) the Department of State’s infrastructure— 

20 both domestic and overseas—to include information 

21 technology, transportation, and security; 

22 (4) the link between diplomacy and defense, de23 velopment, commercial, health, law enforcement, and 

24 other core American interests; 

25 (5) core legislation that authorizes United 

26 States diplomacy; and 


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1 (6) treaties that impact United States overseas 

2 presence. 

3 SEC. 4. MEMBERSHIP. 

4 (a) COMPOSITION.—The Commission shall be com5 posed of 8 members of whom— 

6 (1) 1 member shall be appointed by the chair7 person of the Committee on Foreign Relations of the 

8 Senate, who shall serve as co-chair of the Commis9 sion; 

10 (2) 1 member shall be appointed by the ranking 

11 member of the Committee on Foreign Relations of 

12 the Senate, who shall serve as co-chair of the Com13 mission; 

14 (3) 1 member shall be appointed by the chair15 person of the Committee on Foreign Affairs of the 

16 House of Representatives; 

17 (4) 1 member shall be appointed by the ranking 

18 member of the Committee on Foreign Affairs of the 

19 House of Representatives; 

20 (5) 1 member shall be appointed by the major21 ity leader of the Senate; 

22 (6) 1 member shall be appointed by the Speak23 er of the House of Representatives; 

24 (7) 1 member shall be appointed by the minor25 ity leader of the Senate; and 


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1 (8) 1 member shall be appointed by the minor2 ity leader of the House of Representatives. 

3 (b) QUALIFICATIONS; MEETINGS.— 

4 (1) MEMBERSHIP.—The members of the Com5 mission who are not Members of Congress should be 

6 prominent United States citizens, with national rec7 ognition and significant depth of experience in inter8 national relations. 

9 (2) POLITICAL PARTY AFFILIATION.—Not more 

10 than 4 members of the Commission may be from the 

11 same political party. 

12 (3) MEETINGS.— 

13 (A) INITIAL MEETING.—The Commission 

14 shall hold the first meeting and begin oper15 ations as soon as practicable. 

16 (B) FREQUENCY.—The Commission shall 

17 meet at the call of the co-chairs. 

18 (C) QUORUM.—Seven members of the 

19 Commission shall constitute a quorum for pur20 poses of conducting business, except that two 

21 members of the Commission shall constitute a 

22 quorum for purposes of receiving testimony. 

23 (4) VACANCIES.—Any vacancy in the Commis24 sion shall not affect the powers of the Commission, 


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1 but shall be filled in the same manner as the origi2 nal appointment. 

3 SEC. 5. FUNCTIONS OF COMMISSION. 

4 (a) IN GENERAL.—The Commission shall act by reso5 lution agreed to by a majority of the members of the Com6 mission voting and present. 

7 (b) PANELS.—The Commission may establish panels 

8 composed of less than the full membership of the Commis9 sion for purposes of carrying out the duties of the Com10 mission under this Act. The actions of any such panel 

11 shall be subject to the review and control of the Commis12 sion. Any findings and determinations made by such a 

13 panel shall not be considered the findings and determina14 tions of the Commission unless approved by the Commis15 sion. 

16 (c) DELEGATION.—Any member, agent, or staff of 

17 the Commission may, if authorized by the co-chairs of the 

18 Commission, take any action which the Commission is au19 thorized to take pursuant to this Act. 

20 SEC. 6. POWERS OF COMMISSION. 

21 (a) HEARINGS AND EVIDENCE.—The Commission or, 

22 as delegated by the co-chairs, any panel or member there23 of, may, for the purpose of carrying out this Act— 

24 (1) hold such hearings and meetings, take such 

25 testimony, receive such evidence, and administer 


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1 such oaths as the Commission or such designated 

2 subcommittee or designated member considers nec3 essary; 

4 (2) require the attendance and testimony of 

5 such witnesses and the production of such cor6 respondence, memoranda, papers, and documents, as 

7 the Commission or such designated subcommittee or 

8 designated member considers necessary; and 

9 (3) subject to applicable privacy laws and rel10 evant regulations, secure directly from any Federal 

11 department or agency information and data nec12 essary to enable it to carry out its mission, which 

13 shall be provided by the head or acting representa14 tive of the department or agency not later than 30 

15 days after the Commission provides a written re16 quest for such information and data. 

17 (b) CONTRACTS.—The Commission may, to such ex18 tent and in such amounts as are provided in appropriation 

19 Acts, enter into contracts to enable the Commission to dis20 charge its duties under this Act. 

21 (c) INFORMATION FROM FEDERAL AGENCIES.— 

22 (1) IN GENERAL.—The Commission may secure 

23 directly from any executive department, bureau, 

24 agency, board, commission, office, independent es25 tablishment, or instrumentality of the Government, 


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1 information, suggestions, estimates, and statistics 

2 for the purposes of this Act. 

3 (2) FURNISHING INFORMATION.—Each depart4 ment, bureau, agency, board, commission, office, 

5 independent establishment, or instrumentality shall, 

6 to the extent authorized by law, furnish such infor7 mation, suggestions, estimates, and statistics di8 rectly to the Commission, upon request made by a 

9 co-chair, the chairman of any panel created by a ma10 jority of the Commission, or any member designated 

11 by a majority of the Commission. 

12 (3) HANDLING.—Information shall only be re13 ceived, handled, stored, and disseminated by mem14 bers of the Commission and its staff consistent with 

15 all applicable statutes, regulations, and Executive or16 ders. 

17 (d) ASSISTANCE FROM FEDERAL AGENCIES.— 

18 (1) SECRETARY OF STATE.—The Secretary of 

19 State shall provide to the Commission, on a non-re20 imbursable basis, such administrative services, 

21 funds, staff, facilities, and other support services as 

22 are necessary for the performance of the Commis23 sion’s duties under this Act. 

24 (2) OTHER DEPARTMENTS AND AGENCIES.— 

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1 vide the Commission such services, funds, facilities, 

2 staff, and other support as such departments and 

3 agencies consider advisable and as may be author4 ized by law. 

5 (3) COOPERATION.—The Commission shall re6 ceive the full and timely cooperation of any official, 

7 department, or agency of the Federal Government 

8 whose assistance is necessary, as jointly determined 

9 by the co-chairs of the Commission, for the fulfill10 ment of the duties of the Commission, including the 

11 provision of full and current briefings and analyses. 

12 (e) POSTAL SERVICES.—The Commission may use 

13 the United States mails in the same manner and under 

14 the same conditions as other departments and agencies of 

15 the Federal Government. 

16 (f) GIFTS.—The Commission may accept, use, and 

17 dispose of gifts or donations of services or property. 

18 SEC. 7. STAFF AND COMPENSATION. 

19 (a) STAFF.— 

20 (1) COMPENSATION.—The co-chairs of the 

21 Commission, in accordance with rules agreed upon 

22 by the Commission, shall appoint and fix the com23 pensation of a staff director and such other per24 sonnel as may be necessary to enable the Commis25 sion to carry out its duties, without regard to the 


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1 provisions of title 5, United States Code, governing 

2 appointments in the competitive service, and without 

3 regard to the provisions of chapter 51 and sub4 chapter III of chapter 53 of such title relating to 

5 classification and General Schedule pay rates, except 

6 that no rate of pay fixed under this subsection may 

7 exceed the equivalent of that payable to a person oc8 cupying a position at level V of the Executive Sched9 ule under section 5316 of such title. 

10 (2) DETAIL OF GOVERNMENT EMPLOYEES.—A 

11 Federal Government employee may be detailed to 

12 the Commission without reimbursement, and such 

13 detail shall be without interruption or loss of civil 

14 service status or privilege. 

15 (3) PROCUREMENT OF TEMPORARY AND INTER16 MITTENT SERVICES.—The Chairperson of the Com17 mission may procure temporary and intermittent 

18 services under section 3109(b) of title 5, United 

19 States Code, at rates for individuals that do not ex20 ceed the daily equivalent of the annual rate of basic 

21 pay prescribed for level IV of the Executive Schedule 

22 under section 5315 of that title. 

23 (b) COMMISSION MEMBERS.— 

24 (1) COMPENSATION.—Except as provided in 

25 paragraph (2), each member of the Commission may 


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1 be compensated at not to exceed the daily equivalent 

2 of the annual rate of basic pay in effect for a posi3 tion at level IV of the Executive Schedule under sec4 tion 5315 of title 5, United States Code, for each 

5 day during which that member is engaged in the ac6 tual performance of the duties of the Commission 

7 under this Act. 

8 (2) TRAVEL EXPENSES.—While away from 

9 their homes or regular places of business in the per10 formance of services for the Commission, members 

11 of the Commission shall be allowed travel expenses, 

12 including per diem in lieu of subsistence, in the 

13 same manner as persons employed intermittently in 

14 the Government service are allowed expenses under 

15 section 5703(b) of title 5, United States Code. 

16 (c) SECURITY CLEARANCES FOR COMMISSION MEM17 BERS AND STAFF.—The appropriate Federal agencies or 

18 departments shall cooperate with the Commission in expe19 ditiously providing to the Commission members and staff 

20 appropriate security clearances to the extent possible pur21 suant to existing procedures and requirements, except that 

22 no person shall be provided with access to classified infor23 mation under this Act without the appropriate security 

24 clearances. 


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1 SEC. 8. REPORT. 

2 Not later than 18 months after the date of the enact3 ment of this Act, the Commission shall submit to the 

4 President and Congress a final report containing such 

5 findings, conclusions, and recommendations for corrective 

6 measures as have been agreed to by a majority of Commis7 sion members. 

8 SEC. 9. TERMINATION OF COMMISSION. 

9 (a) IN GENERAL.—The Commission, and all the au10 thorities under this Act, shall terminate 60 days after the 

11 date on which the final report is submitted under section 

12 8. 

13 (b) ADMINISTRATIVE ACTIVITIES BEFORE TERMI14 NATION.—The Commission may use the 60-day period re15 ferred to in subsection (a) for the purpose of concluding 

16 its activities, including providing testimony to committees 

17 of Congress concerning its reports and disseminating the 

18 report. 

19 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

20 (a) IN GENERAL.—There is authorized to be appro21 priated to the Commission to carry out this Act 

22 $5,000,000 for fiscal year 2022. 

23 (b) AVAILABILITY.—Amounts made available to the 

24 Commission under subsection (a) shall remain available 

25 until the termination of the Commission. 


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1 SEC. 11. INAPPLICABILITY OF CERTAIN ADMINISTRATIVE 

2 PROVISIONS. 

3 (a) FEDERAL ADVISORY COMMITTEE ACT.—The 

4 Federal Advisory Committee Act (5 U.S.C. App.) shall not 

5 apply to the Commission. 

6 (b) FREEDOM OF INFORMATION ACT.—The provi7 sions of section 552 of title 5, United States Code (com8 monly referred to as the Freedom of Information Act), 

9 shall not apply to the activities, records, and proceedings 

10 of the Commission under this Act. 

11 SECTION 1. SHORT TITLE. 

12 This Act may be cited as the ‘‘Commission on Reform 

13 and Modernization of the Department of State Act’’. 

14 SEC. 2. ESTABLISHMENT OF COMMISSION. 

15 There is established in the legislative branch the Com16 mission on Reform and Modernization of the Department 

17 of State (in this Act referred to as the ‘‘Commission’’). 

18 SEC. 3. PURPOSES. 

19 The purposes of the Commission are to examine the 

20 changing nature of diplomacy in the 21st century and ways 

21 that the Department of State and its personnel can mod22 ernize to advance the interests of the United States, as well 

23 as offer recommendations related to— 

24 (1) the organizational structure of the Depart25 ment of State; 


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1 (2) personnel-related matters, to include recruit2 ment, promotion, training, and retention of the De3 partment of State’s workforce in order to retain the 

4 best and brightest personnel and foster effective diplo5 macy worldwide, including measures to strengthen di6 versity and inclusion to ensure that the Department’s 

7 workforce represents all of America; 

8 (3) the Department of State’s infrastructure— 

9 both domestic and overseas—to include information 

10 technology, transportation, and security; 

11 (4) the link between diplomacy and defense, in12 telligence, development, commercial, health, law en13 forcement, and other core United States interests; 

14 (5) core legislation that authorizes United States 

15 diplomacy, including the Foreign Service Act of 1980 

16 (Public Law 96–465); 

17 (6) related regulations, rules, and processes that 

18 define United States diplomatic efforts, including the 

19 Foreign Affairs Manual; 

20 (7) Chief of Mission authority at United States 

21 diplomatic missions overseas, including authority 

22 over employees of other Federal departments and 

23 agencies; and 

24 (8) treaties that impact United States overseas 

25 presence. 


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1 SEC. 4. MEMBERSHIP. 

2 (a) COMPOSITION.—The Commission shall be com3 posed of 8 members of whom— 

4 (1) 1 member shall be appointed by the chair5 person of the Committee on Foreign Relations of the 

6 Senate, who shall serve as co-chair of the Commission; 

7 (2) 1 member shall be appointed by the ranking 

8 member of the Committee on Foreign Relations of the 

9 Senate, who shall serve as co-chair of the Commission; 

10 (3) 1 member shall be appointed by the chair11 person of the Committee on Foreign Affairs of the 

12 House of Representatives; 

13 (4) 1 member shall be appointed by the ranking 

14 member of the Committee on Foreign Affairs of the 

15 House of Representatives; 

16 (5) 1 member shall be appointed by the majority 

17 leader of the Senate; 

18 (6) 1 member shall be appointed by the Speaker 

19 of the House of Representatives; 

20 (7) 1 member shall be appointed by the minority 

21 leader of the Senate; and 

22 (8) 1 member shall be appointed by the minority 

23 leader of the House of Representatives. 

24 (b) QUALIFICATIONS; MEETINGS.— 

25 (1) MEMBERSHIP.—The members of the Commis26 sion should be prominent United States citizens, with 


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1 national recognition and significant depth of experi2 ence in international relations and the Department of 

3 State. 

4 (2) POLITICAL PARTY AFFILIATION.—Not more 

5 than 4 members of the Commission may be from the 

6 same political party. 

7 (3) MEETINGS.— 

8 (A) INITIAL MEETING.—The Commission 

9 shall hold the first meeting and begin operations 

10 as soon as practicable. 

11 (B) FREQUENCY.—The Commission shall 

12 meet at the call of the co-chairs. 

13 (C) QUORUM.—Five members of the Com14 mission shall constitute a quorum for purposes of 

15 conducting business, except that two members of 

16 the Commission shall constitute a quorum for 

17 purposes of receiving testimony. 

18 (4) VACANCIES.—Any vacancy in the Commis19 sion shall not affect the powers of the Commission, 

20 but shall be filled in the same manner as the original 

21 appointment. 

22 SEC. 5. FUNCTIONS OF COMMISSION. 

23 (a) IN GENERAL.—The Commission shall act by reso24 lution agreed to by a majority of the members of the Com25 mission voting and present. 


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1 (b) PANELS.—The Commission may establish panels 

2 composed of less than the full membership of the Commis3 sion for purposes of carrying out the duties of the Commis4 sion under this Act. The actions of any such panel shall 

5 be subject to the review and control of the Commission. Any 

6 findings and determinations made by such a panel shall 

7 not be considered the findings and determinations of the 

8 Commission unless approved by the Commission. 

9 (c) DELEGATION.—Any member, agent, or staff of the 

10 Commission may, if authorized by the co-chairs of the Com11 mission, take any action which the Commission is author12 ized to take pursuant to this Act. 

13 SEC. 6. POWERS OF COMMISSION. 

14 (a) HEARINGS AND EVIDENCE.—The Commission or, 

15 as delegated by the co-chairs, any panel or member thereof, 

16 may, for the purpose of carrying out this Act— 

17 (1) hold such hearings and meetings, take such 

18 testimony, receive such evidence, and administer such 

19 oaths as the Commission or such designated sub20 committee or designated member considers necessary; 

21 (2) require the attendance and testimony of such 

22 witnesses and the production of such correspondence, 

23 memoranda, papers, and documents, as the Commis24 sion or such designated subcommittee or designated 

25 member considers necessary; and 


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1 (3) subject to applicable privacy laws and rel2 evant regulations, secure directly from any Federal 

3 department or agency information and data nec4 essary to enable it to carry out its mission, which 

5 shall be provided by the head or acting representative 

6 of the department or agency not later than 30 days 

7 after the Commission provides a written request for 

8 such information and data. 

9 (b) CONTRACTS.—The Commission may, to such extent 

10 and in such amounts as are provided in appropriation 

11 Acts, enter into contracts to enable the Commission to dis12 charge its duties under this Act. 

13 (c) INFORMATION FROM FEDERAL AGENCIES.— 

14 (1) IN GENERAL.—The Commission may secure 

15 directly from any executive department, bureau, agen16 cy, board, commission, office, independent establish17 ment, or instrumentality of the Government, informa18 tion, suggestions, estimates, and statistics for the pur19 poses of this Act. 

20 (2) FURNISHING INFORMATION.—Each depart21 ment, bureau, agency, board, commission, office, inde22 pendent establishment, or instrumentality shall, to the 

23 extent authorized by law, furnish such information, 

24 suggestions, estimates, and statistics directly to the 

25 Commission, upon request made by a co-chair, the 


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1 chairman of any panel created by a majority of the 

2 Commission, or any member designated by a major3 ity of the Commission. 

4 (3) HANDLING.—Information shall only be re5 ceived, handled, stored, and disseminated by members 

6 of the Commission and its staff consistent with all 

7 applicable statutes, regulations, and Executive orders. 

8 (d) ASSISTANCE FROM FEDERAL AGENCIES.— 

9 (1) SECRETARY OF STATE.—The Secretary of 

10 State shall provide to the Commission, on a non-re11 imbursable basis, such administrative services, funds, 

12 staff, facilities, and other support services as are nec13 essary for the performance of the Commission’s duties 

14 under this Act. 

15 (2) OTHER DEPARTMENTS AND AGENCIES.— 

16 Other Federal departments and agencies may provide 

17 the Commission such services, funds, facilities, staff, 

18 and other support as such departments and agencies 

19 consider advisable and as may be authorized by law. 

20 (3) COOPERATION.—The Commission shall re21 ceive the full and timely cooperation of any official, 

22 department, or agency of the Federal Government 

23 whose assistance is necessary, as jointly determined 

24 by the co-chairs of the Commission, for the fulfillment 


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1 of the duties of the Commission, including the provi2 sion of full and current briefings and analyses. 

3 (e) ASSISTANCE FROM INDEPENDENT ORGANIZA4 TIONS.— 

5 (1) IN GENERAL.—In order to inform its work, 

6 the Commission should review reports written within 

7 the last 15 years by independent organizations and 

8 outside experts relating to reform and modernization 

9 of the Department of State. 

10 (2) AVOIDING DUPLICATION.—In analyzing the 

11 reports specified under paragraph (1), the Commis12 sion should pay particular attention to any specific 

13 reform proposal that has been recommended by two or 

14 more such reports. 

15 (f) POSTAL SERVICES.—The Commission may use the 

16 United States mails in the same manner and under the 

17 same conditions as other departments and agencies of the 

18 Federal Government. 

19 (g) GIFTS.—The Commission may accept, use, and 

20 dispose of gifts or donations of services or property. 

21 (h) CONGRESSIONAL CONSULTATION.—No less fre22 quently than once every 90 days, the Commission shall pro23 vide a briefing to the Committee on Foreign Relations of 

24 the Senate and the Committee on Foreign Affairs of the 

25 House of Representatives about the work of the Commission. 


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1 SEC. 7. STAFF AND COMPENSATION. 

2 (a) STAFF.— 

3 (1) COMPENSATION.—The co-chairs of the Com4 mission, in accordance with rules agreed upon by the 

5 Commission, shall appoint and fix the compensation 

6 of a staff director and such other personnel as may 

7 be necessary to enable the Commission to carry out its 

8 duties, without regard to the provisions of title 5, 

9 United States Code, governing appointments in the 

10 competitive service, and without regard to the provi11 sions of chapter 51 and subchapter III of chapter 53 

12 of such title relating to classification and General 

13 Schedule pay rates, except that no rate of pay fixed 

14 under this subsection may exceed the equivalent of 

15 that payable to a person occupying a position at level 

16 V of the Executive Schedule under section 5316 of 

17 such title. 

18 (2) DETAIL OF GOVERNMENT EMPLOYEES.—A 

19 Federal Government employee may be detailed to the 

20 Commission without reimbursement, and such detail 

21 shall be without interruption or loss of civil service 

22 status or privilege. 

23 (3) PROCUREMENT OF TEMPORARY AND INTER24 MITTENT SERVICES.—The Chairperson of the Com25 mission may procure temporary and intermittent 

26 services under section 3109(b) of title 5, United States 


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1 Code, at rates for individuals that do not exceed the 

2 daily equivalent of the annual rate of basic pay pre3 scribed for level IV of the Executive Schedule under 

4 section 5315 of that title. 

5 (b) COMMISSION MEMBERS.— 

6 (1) COMPENSATION.— 

7 (A) IN GENERAL.—Except as provided in 

8 paragraph (2), each member of the Commission 

9 may be compensated at not to exceed the daily 

10 equivalent of the annual rate of basic pay in ef11 fect for a position at level IV of the Executive 

12 Schedule under section 5315 of title 5, United 

13 States Code, for each day during which that 

14 member is engaged in the actual performance of 

15 the duties of the Commission under this Act. 

16 (B) WAIVER OF CERTAIN PROVISIONS.— 

17 Subsections (a) through (d) of section 824 of the 

18 Foreign Service Act of 1980 (22 U.S.C. 4064) 

19 are waived for an annuitant on a temporary 

20 basis so as to be compensated for work performed 

21 as part of the Commission. 

22 (c) TRAVEL EXPENSES.—While away from their homes 

23 or regular places of business in the performance of services 

24 for the Commission, members and staff of the Commission, 

25 as well as any Federal Government employees detailed to 


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1 the Commission, shall be allowed travel expenses, including 

2 per diem in lieu of subsistence, in the same manner as per3 sons employed intermittently in the Government service are 

4 allowed expenses under section 5703(b) of title 5, United 

5 States Code. 

6 (d) SECURITY CLEARANCES FOR COMMISSION MEM7 BERS AND STAFF.—The appropriate Federal agencies or de8 partments shall cooperate with the Commission in expedi9 tiously providing to the Commission members and staff ap10 propriate security clearances to the extent possible pursuant 

11 to existing procedures and requirements, except that no per12 son shall be provided with access to classified information 

13 under this Act without the appropriate security clearances. 

14 SEC. 8. REPORT. 

15 (a) IN GENERAL.—Not later than 18 months after the 

16 date of the enactment of this Act, the Commission shall sub17 mit to the President and Congress a final report that exam18 ines all substantive aspects of Department of State per19 sonnel, management, and operations and contains such 

20 findings, conclusions, and recommendations for corrective 

21 measures as have been agreed to by a majority of Commis22 sion members. 

23 (b) ELEMENTS.—The report required under subsection 

24 (a) shall include findings, conclusions, and recommenda25 tions related to— 


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1 (1) the organizational structure of the Depart2 ment of State; 

3 (2) personnel-related matters, to include recruit4 ment, promotion, training, and retention of the De5 partment of State’s workforce in order to retain the 

6 best and brightest personnel and foster effective diplo7 macy worldwide, including measures to strengthen di8 versity and inclusion to ensure that the Department’s 

9 workforce represents all of America; 

10 (3) the Department of State’s infrastructure— 

11 both domestic and overseas—to include information 

12 technology, transportation, and security; 

13 (4) the link between diplomacy and defense, in14 telligence, development, commercial, health, law en15 forcement, and other core United States interests; 

16 (5) core legislation that authorizes United States 

17 diplomacy; 

18 (6) related regulations, rules, and processes that 

19 define United States diplomatic efforts, including the 

20 Foreign Affairs Manual; 

21 (7) treaties that impact United States overseas 

22 presence; 

23 (8) the authority of Chiefs of Mission at United 

24 States diplomatic missions overseas, including the de25 gree of authority that Chiefs of Mission exercise in reVerDate Sep 11 2014 02:11 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6203 E:\BILLS\S3491.RS S3491

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1 ality over Department of State and other Federal em2 ployees at overseas posts; 

3 (9) any other areas that the Commission con4 sider necessary for a complete appraisal of United 

5 States diplomacy and Department of State manage6 ment and operations; and 

7 (10) the amount of time, manpower, and finan8 cial resources that would be necessary to implement 

9 the recommendations specified under this subsection. 

10 (c) DEPARTMENT OF STATE RESPONSE.—Before the 

11 Commission submits its report to the President and Con12 gress, the Secretary of State shall have the right to review 

13 and respond to all Commission recommendations not later 

14 than 90 days after receiving them from the Commission. 

15 SEC. 9. TERMINATION OF COMMISSION. 

16 (a) IN GENERAL.—The Commission, and all the au17 thorities under this Act, shall terminate 60 days after the 

18 date on which the final report is submitted under section 

19 8. 

20 (b) ADMINISTRATIVE ACTIVITIES BEFORE TERMI21 NATION.—The Commission may use the 60-day period re22 ferred to in subsection (a) for the purpose of concluding its 

23 activities, including providing testimony to committees of 

24 Congress concerning its reports and disseminating the re25 port. 


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1 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) IN GENERAL.—There is authorized to be appro3 priated to the Commission to carry out this Act $2,000,000 

4 for fiscal year 2022. 

5 (b) AVAILABILITY.—Amounts made available to the 

6 Commission under subsection (a) shall remain available 

7 until the termination of the Commission. 

8 SEC. 11. INAPPLICABILITY OF CERTAIN ADMINISTRATIVE 

9 PROVISIONS. 

10 (a) FEDERAL ADVISORY COMMITTEE ACT.—The Fed11 eral Advisory Committee Act (5 U.S.C. App.) shall not 

12 apply to the Commission. 

13 (b) FREEDOM OF INFORMATION ACT.—The provisions 

14 of section 552 of title 5, United States Code (commonly re15 ferred to as the Freedom of Information Act), shall not 

16 apply to the activities, records, and proceedings of the Com17 mission under this Act. 


pbinns on DSKJLVW7X2PROD with BILLS
Calendar No. 338 

117TH CONGRESS 

2D SESSION S. 3491 

A BILL 

To establish a commission to reform and modernize 

the Department of State. 

APRIL 6, 2022 

Reported with an amendment 


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