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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3491 Reported in Senate (RS)]

<DOC>

                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Commission on Reform and 
Modernization of the Department of State for the 21st Century 
Act''.</DELETED>

<DELETED>SEC. 2. ESTABLISHMENT OF COMMISSION.</DELETED>

<DELETED>    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'').</DELETED>

<DELETED>SEC. 3. PURPOSES.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (1) the organizational structure of the Department 
        of State;</DELETED>
        <DELETED>    (2) 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;</DELETED>
        <DELETED>    (3) the Department of State's infrastructure--both 
        domestic and overseas--to include information technology, 
        transportation, and security;</DELETED>
        <DELETED>    (4) the link between diplomacy and defense, 
        development, commercial, health, law enforcement, and other 
        core American interests;</DELETED>
        <DELETED>    (5) core legislation that authorizes United States 
        diplomacy; and</DELETED>
        <DELETED>    (6) treaties that impact United States overseas 
        presence.</DELETED>

<DELETED>SEC. 4. MEMBERSHIP.</DELETED>

<DELETED>    (a) Composition.--The Commission shall be composed of 8 
members of whom--</DELETED>
        <DELETED>    (1) 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;</DELETED>
        <DELETED>    (2) 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;</DELETED>
        <DELETED>    (3) 1 member shall be appointed by the chairperson 
        of the Committee on Foreign Affairs of the House of 
        Representatives;</DELETED>
        <DELETED>    (4) 1 member shall be appointed by the ranking 
        member of the Committee on Foreign Affairs of the House of 
        Representatives;</DELETED>
        <DELETED>    (5) 1 member shall be appointed by the majority 
        leader of the Senate;</DELETED>
        <DELETED>    (6) 1 member shall be appointed by the Speaker of 
        the House of Representatives;</DELETED>
        <DELETED>    (7) 1 member shall be appointed by the minority 
        leader of the Senate; and</DELETED>
        <DELETED>    (8) 1 member shall be appointed by the minority 
        leader of the House of Representatives.</DELETED>
<DELETED>    (b) Qualifications; Meetings.--</DELETED>
        <DELETED>    (1) 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.</DELETED>
        <DELETED>    (2) Political party affiliation.--Not more than 4 
        members of the Commission may be from the same political 
        party.</DELETED>
        <DELETED>    (3) Meetings.--</DELETED>
                <DELETED>    (A) Initial meeting.--The Commission shall 
                hold the first meeting and begin operations as soon as 
                practicable.</DELETED>
                <DELETED>    (B) Frequency.--The Commission shall meet 
                at the call of the co-chairs.</DELETED>
                <DELETED>    (C) 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.</DELETED>
        <DELETED>    (4) 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.</DELETED>

<DELETED>SEC. 5. FUNCTIONS OF COMMISSION.</DELETED>

<DELETED>    (a) In General.--The Commission shall act by resolution 
agreed to by a majority of the members of the Commission voting and 
present.</DELETED>
<DELETED>    (b) 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.</DELETED>
<DELETED>    (c) 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.</DELETED>

<DELETED>SEC. 6. POWERS OF COMMISSION.</DELETED>

<DELETED>    (a) 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--</DELETED>
        <DELETED>    (1) 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;</DELETED>
        <DELETED>    (2) 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</DELETED>
        <DELETED>    (3) 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.</DELETED>
<DELETED>    (b) 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.</DELETED>
<DELETED>    (c) Information From Federal Agencies.--</DELETED>
        <DELETED>    (1) 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.</DELETED>
        <DELETED>    (2) 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.</DELETED>
        <DELETED>    (3) 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.</DELETED>
<DELETED>    (d) Assistance From Federal Agencies.--</DELETED>
        <DELETED>    (1) 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.</DELETED>
        <DELETED>    (2) 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.</DELETED>
        <DELETED>    (3) 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.</DELETED>
<DELETED>    (e) 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.</DELETED>
<DELETED>    (f) Gifts.--The Commission may accept, use, and dispose of 
gifts or donations of services or property.</DELETED>

<DELETED>SEC. 7. STAFF AND COMPENSATION.</DELETED>

<DELETED>    (a) Staff.--</DELETED>
        <DELETED>    (1) 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.</DELETED>
        <DELETED>    (2) 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.</DELETED>
        <DELETED>    (3) 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.</DELETED>
<DELETED>    (b) Commission Members.--</DELETED>
        <DELETED>    (1) 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.</DELETED>
        <DELETED>    (2) 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.</DELETED>
<DELETED>    (c) 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.</DELETED>

<DELETED>SEC. 8. REPORT.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 9. TERMINATION OF COMMISSION.</DELETED>

<DELETED>    (a) 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.</DELETED>
<DELETED>    (b) 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.</DELETED>

<DELETED>SEC. 10. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (a) In General.--There is authorized to be appropriated to 
the Commission to carry out this Act $5,000,000 for fiscal year 
2022.</DELETED>
<DELETED>    (b) Availability.--Amounts made available to the 
Commission under subsection (a) shall remain available until the 
termination of the Commission.</DELETED>

<DELETED>SEC. 11. INAPPLICABILITY OF CERTAIN ADMINISTRATIVE 
              PROVISIONS.</DELETED>

<DELETED>    (a) Federal Advisory Committee Act.--The Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the 
Commission.</DELETED>
<DELETED>    (b) 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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commission on Reform and 
Modernization of the Department of State Act''.

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--
            (1) the organizational structure of the Department of 
        State;
            (2) 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;
            (3) the Department of State's infrastructure--both domestic 
        and overseas--to include information technology, 
        transportation, and security;
            (4) the link between diplomacy and defense, intelligence, 
        development, commercial, health, law enforcement, and other 
        core United States interests;
            (5) core legislation that authorizes United States 
        diplomacy, including the Foreign Service Act of 1980 (Public 
        Law 96-465);
            (6) related regulations, rules, and processes that define 
        United States diplomatic efforts, including the Foreign Affairs 
        Manual;
            (7) Chief of Mission authority at United States diplomatic 
        missions overseas, including authority over employees of other 
        Federal departments and agencies; and
            (8) treaties that impact United States overseas presence.

SEC. 4. MEMBERSHIP.

    (a) Composition.--The Commission shall be composed of 8 members of 
whom--
            (1) 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;
            (2) 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;
            (3) 1 member shall be appointed by the chairperson of the 
        Committee on Foreign Affairs of the House of Representatives;
            (4) 1 member shall be appointed by the ranking member of 
        the Committee on Foreign Affairs of the House of 
        Representatives;
            (5) 1 member shall be appointed by the majority leader of 
        the Senate;
            (6) 1 member shall be appointed by the Speaker of the House 
        of Representatives;
            (7) 1 member shall be appointed by the minority leader of 
        the Senate; and
            (8) 1 member shall be appointed by the minority leader of 
        the House of Representatives.
    (b) Qualifications; Meetings.--
            (1) 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.
            (2) Political party affiliation.--Not more than 4 members 
        of the Commission may be from the same political party.
            (3) Meetings.--
                    (A) Initial meeting.--The Commission shall hold the 
                first meeting and begin operations as soon as 
                practicable.
                    (B) Frequency.--The Commission shall meet at the 
                call of the co-chairs.
                    (C) 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.
            (4) 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.

    (a) In General.--The Commission shall act by resolution agreed to 
by a majority of the members of the Commission voting and present.
    (b) 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.
    (c) 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.

SEC. 6. POWERS OF COMMISSION.

    (a) 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--
            (1) 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;
            (2) 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
            (3) 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.
    (b) 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.
    (c) Information From Federal Agencies.--
            (1) 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.
            (2) 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.
            (3) 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.
    (d) Assistance From Federal Agencies.--
            (1) 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.
            (2) 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.
            (3) 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.
    (e) Assistance From Independent Organizations.--
            (1) 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.
            (2) 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.
    (f) 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.
    (g) Gifts.--The Commission may accept, use, and dispose of gifts or 
donations of services or property.
    (h) 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.

SEC. 7. STAFF AND COMPENSATION.

    (a) Staff.--
            (1) 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.
            (2) 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.
            (3) 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.
    (b) Commission Members.--
            (1) Compensation.--
                    (A) 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.
                    (B) 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.
    (c) 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.
    (d) 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.

    (a) 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.
    (b) Elements.--The report required under subsection (a) shall 
include findings, conclusions, and recommendations related to--
            (1) the organizational structure of the Department of 
        State;
            (2) 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;
            (3) the Department of State's infrastructure--both domestic 
        and overseas--to include information technology, 
        transportation, and security;
            (4) the link between diplomacy and defense, intelligence, 
        development, commercial, health, law enforcement, and other 
        core United States interests;
            (5) core legislation that authorizes United States 
        diplomacy;
            (6) related regulations, rules, and processes that define 
        United States diplomatic efforts, including the Foreign Affairs 
        Manual;
            (7) treaties that impact United States overseas presence;
            (8) 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;
            (9) any other areas that the Commission consider necessary 
        for a complete appraisal of United States diplomacy and 
        Department of State management and operations; and
            (10) the amount of time, manpower, and financial resources 
        that would be necessary to implement the recommendations 
        specified under this subsection.
    (c) 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.

SEC. 9. TERMINATION OF COMMISSION.

    (a) 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.
    (b) 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.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to the 
Commission to carry out this Act $2,000,000 for fiscal year 2022.
    (b) Availability.--Amounts made available to the Commission under 
subsection (a) shall remain available until the termination of the 
Commission.

SEC. 11. INAPPLICABILITY OF CERTAIN ADMINISTRATIVE PROVISIONS.

    (a) Federal Advisory Committee Act.--The Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to the Commission.
    (b) 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.
                                                       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
```