EXCEL Act

Subjects: International Affairs


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2409 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 2409

To improve hiring authorities available to the Secretary of State with 
 respect to expertise on the People's Republic of China, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 30, 2023

  Mr. Bera (for himself and Mr. Barr) introduced the following bill; 
         which was referred to the Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
To improve hiring authorities available to the Secretary of State with 
 respect to expertise on the People's Republic of China, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Expand eXpertise in China Education 
and Language Act'' or the ``EXCEL Act''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) strategic competition with the Government of the 
        People's Republic of China (PRC) and the Chinese Communist 
        Party (CCP) is the most significant geostrategic challenge the 
        United States faces in the 21st century;
            (2) the United States Government needs to further invest in 
        relevant linguistic, cultural, and regional expertise to 
        effectively engage in strategic competition with the PRC; and
            (3) existing hiring authorities across the executive branch 
        are not being adequately utilized to bring in necessary 
        expertise to win the strategic competition against the PRC, and 
        agencies may benefit from additional flexibility to recruit, 
        hire, and retain talent.

SEC. 3. HIRING ADDITIONAL EXPERTISE AT THE DEPARTMENT OF STATE.

    (a) Direct Hire Authority.--
            (1) In general.--Beginning not later than 2 years after the 
        date of enactment of this Act, the Secretary of State shall 
        appoint directly to positions in the competitive service, as 
        defined in section 2102 of title 5, United States Code, without 
        regard to the provisions of sections 3309 through 3318 of that 
        title, not fewer than 31 candidates with linguistic, cultural, 
        or regional expertise relevant to strengthening United States 
        understanding of and ability to compete with the PRC.
            (2) Termination.--The authority provided under paragraph 
        (1) shall terminate on the date that is 10 years after the date 
        of enactment of this Act.
    (b) Long-Term and Short-Term Contracts.--
            (1) Training.--The Secretary of State shall train Foreign 
        Service and civil service employees who hold positions relevant 
        to advancing United States policies toward competition with the 
        PRC in the topics described in paragraph (2).
            (2) Topics covered.--The training referred to in paragraph 
        (1) shall cover the following:
                    (A) The domestic and foreign policy objectives of 
                the PRC and the CCP, as demonstrated through publicly 
                available speeches and PRC and CCP documents.
                    (B) The tools the PRC and the CCP use to achieve 
                those objectives.
                    (C) The role of ideology in shaping CCP policies 
                and outlook.
                    (D) Other topics deemed relevant by the China 
                Strategic Advisory Board, established by section 4(a).
            (3) Contracts and grants for training.--In providing the 
        training referred to in paragraph (1), the Secretary of State 
        may obtain assistance from knowledgeable persons by--
                    (A) entering into short-term and long-term 
                contracts for such assistance, including contracts for 
                the temporary or intermittent services of experts and 
                consultants under section 3109 of title 5, United 
                States Code;
                    (B) making grants to the persons providing such 
                assistance; and
                    (C) taking other appropriate measures, as the 
                Secretary of State deems necessary.

SEC. 4. PROVIDING ENDURING STRATEGIC ADVICE VIA THE CHINA STRATEGIC 
              ADVISORY BOARD.

    (a) Establishment.--There is established an advisory board to be 
known as the ``China Strategic Advisory Board'' (in this section 
referred to as the ``Advisory Board'').
    (b) Duties and Responsibilities.--The Advisory Board shall--
            (1) provide advice and expertise to the Secretary of State, 
        and continuity, in United States foreign policy matters 
        pertaining to strategic competition with the PRC;
            (2) review recruitment, training, and retention of Foreign 
        Service and civil service members with the expertise and 
        experience necessary to support United States policy toward the 
        PRC; and
            (3) provide guidance on programs across regional and 
        functional bureaus intended to respond to strategic competition 
        with the PRC, including the Countering Chinese Influence Fund 
        established by section 7043(c)(2) of the Department of State, 
        Foreign Operations, and Related Programs Appropriations Act, 
        2020 (division G of Public Law 116-94; 133 Stat. 2896).
    (c) Membership.--
            (1) In general.--The Advisory Board shall consist of at 
        least 18 and not more than 24 members, who each should have a 
        demonstrable record of substantial experience pertaining to 
        issues related to United States strategic competition with the 
        PRC. No sitting officer or employee of the United States 
        Government may be appointed to the Advisory Board.
            (2) Appointments.--
                    (A) Appointments by the speaker of the house of 
                representatives and senate leader of same party.--The 
                Speaker of the House of Representatives and the leader 
                that is of the same party in the Senate (if any), in 
                consultation with the Chair and Ranking Member of the 
                Committee on Foreign Relations of the Senate, shall 
                jointly appoint 3 members.
                    (B) Appointments by minority leader of the house of 
                representatives and senate leader of same party.--The 
                leader of the minority party of the House of 
                Representatives and the leader of the same party in the 
                Senate (if any), in consultation with the Chair and 
                Ranking Member of the Committee on Foreign Affairs of 
                the House of Representatives, shall jointly appoint 3 
                members.
                    (C) Appointments by the president.--
                            (i) Number.--The President shall appoint 6 
                        members.
                            (ii) Qualifications.--At least 2 of the 
                        members appointed under clause (i) shall be 
                        between 30 and 50 years of age (inclusive) at 
                        the time of appointment.
                    (D) Appointments by secretary of state.--
                            (i) Number.--The Secretary of State shall 
                        appoint at least 6 but not more than 12 
                        members.
                            (ii) Qualifications.--The appointments made 
                        under clause (i) shall meet the following 
                        criteria:
                                    (I) At least 1 member who is not 
                                described in subclause (II) or (III) 
                                shall be between 30 and 50 years of age 
                                (inclusive) at the time of appointment.
                                    (II) At least 1 member who is not 
                                described in subclause (I) or (III) 
                                shall be able to credibly represent the 
                                views of the United States business 
                                community.
                                    (III) At least 1 member who is not 
                                described in subclause (I) or (II) 
                                shall have demonstrable experience as a 
                                United States diplomat.
            (3) Deadline for initial appointments.--Each appointing 
        authority referred to in paragraph (2) shall make all initial 
        appointments required by such paragraph not later than January 
        1, 2024.
            (4) Vacancies.--Not later than 30 days after the date on 
        which a vacancy on the Advisory Board occurs, the vacancy shall 
        be filled in the same manner as specified for the original 
        appointment under paragraph (2), and the individual so 
        appointed shall serve the remainder of the unexpired term.
            (5) Replacement appointments.--Not later than 30 days after 
        the date on which the term of a member of the Advisory Board 
        expires, the appointing authority that appointed such member 
        shall appoint the member's replacement.
    (d) Terms.--
            (1) In general.--Except as provided in paragraph (2), all 
        members appointed to the Advisory Board shall have a term of 6 
        years.
            (2) Initial terms.--
                    (A) Appointments by the speaker of the house of 
                representatives and senate leader of same party.--Of 
                the initial members appointed under subsection 
                (c)(2)(A), 1 shall have a term of 2 years and 1 shall 
                have a term of 4 years, as designated by the Speaker 
                and leader referred to in such subsection at the time 
                of appointment.
                    (B) Appointments by minority leader of the house of 
                representatives and senate leader of same party.--Of 
                the initial members appointed under subsection 
                (c)(2)(B), 1 shall have a term of 2 years and 1 shall 
                have a term of 4 years, as designated by the leaders 
                referred to in such subsection at the time of 
                appointment.
                    (C) Appointments by the president.--Of the initial 
                members appointed under subsection (c)(2)(C), 2 shall 
                have a term of 2 years and 2 shall have a term of 4 
                years, as designated by the President at the time of 
                appointment.
                    (D) Appointments by secretary of state.--Of the 
                initial members appointed under subsection (c)(2)(D), 
                at least \1/3\ shall have a term of 2 years and at 
                least \1/3\ shall have a term of 4 years, as designated 
                by the Secretary of State at the time of appointment.
            (3) Additional terms.--A member of the Advisory Board may 
        be reappointed to not more than 1 additional term but may not 
        be appointed to a different seat on the Board.
    (e) Quorum.--A majority of the sitting members of the Advisory 
Board shall constitute a quorum but a lesser number may hold hearings.
    (f) Chairperson and Vice Chairperson.--The Advisory Board shall 
elect, from among its members, a Chairperson and Vice Chairperson. The 
terms of office of the Chairperson and Vice Chairperson shall be 1 
year, and the Chairperson and Vice Chairperson may be reelected to 
subsequent terms.
    (g) Board Meetings.--
            (1) Frequency.--The Advisory Board shall meet, at the call 
        of the Chairperson or a majority of its members, at least once 
        every 3 months and as frequently as may be necessary to carry 
        out its duties.
            (2) Subcommittees.--The Advisory Board may be divided into 
        subcommittees that meet separately from the whole Board.
    (h) Briefings With Officials.--Not less frequently than annually, 
the Advisory Board shall collectively provide to the Secretary of State 
and the Administrator of the United States Agency for International 
Development a briefing on--
            (1) the findings made by the Advisory Board in fulfilling 
        its duties and responsibilities under subsection (b); and
            (2) any recommendations of the Advisory Board for future 
        legislative or administrative action.
    (i) Congressional Briefings.--On a semiannual basis, the Advisory 
Board shall provide to each of the appropriate congressional committees 
a briefing on--
            (1) the findings made by the Advisory Board in fulfilling 
        its duties and responsibilities under subsection (b); and
            (2) any recommendations of the Advisory Board for future 
        legislative or administrative action.
    (j) Security and Access to Information.--
            (1) Security clearances.--The appropriate departments and 
        agencies of the executive branch shall cooperate with the 
        Advisory Board to expeditiously provide to the members of the 
        Advisory Board the appropriate security clearances necessary to 
        carry out the duties and responsibilities of the Advisory 
        Board, subject to the standard procedures and requirements for 
        granting such clearances.
            (2) Need to know.--For purposes of any law or regulation 
        governing access to classified information, a member of the 
        Advisory Board seeking access to a record or material to 
        fulfill the duties and responsibilities of the Advisory Board 
        shall be deemed to have a need to know the contents of the 
        record or material.
            (3) Access to information.--The Secretary of State shall 
        ensure that members of the Advisory Board have access to all 
        appropriate information to fulfill the duties and 
        responsibilities of the Advisory Board.
    (k) Compensation.--Members of the Advisory Board shall--
            (1) receive compensation at a rate not to exceed the daily 
        equivalent of the annual basic pay payable for positions at GS-
        15 of the General Schedule under section 5332 of title 5, 
        United States Code, for each day such member is engaged in the 
        actual performance of services of the Advisory Board; and
            (2) be allowed travel expenses, including per diem in lieu 
        of subsistence at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of services of the Advisory Board.
    (l) Staff.--The Chairperson may appoint and fix the pay of 
personnel as the Chairperson considers appropriate.
    (m) Termination.--Section 1013(a)(2) of title 5, United States 
Code, (relating to the termination of advisory committees) shall not 
apply to the Advisory Board.
    (n) Review and Report by Comptroller General.--
            (1) Review.--The Comptroller General of the United States 
        shall conduct a review that analyzes the progress of the 
        Advisory Board on fulfilling the duties and responsibilities 
        referred to in subsection (b).
            (2) Report.--Not later than 4 years after the date of 
        enactment of this Act, the Comptroller General of the United 
        States shall submit to the appropriate congressional committees 
        a report detailing--
                    (A) the results of the review referred to in 
                paragraph (1); and
                    (B) any recommendations for legislative or 
                administrative action to improve the functioning of the 
                Advisory Board.
    (o) Authorization of Appropriations.--There is authorized to be 
appropriated $100,000 for fiscal year 2024 and each succeeding fiscal 
year to carry out this section.

SEC. 5. IDENTIFYING LONG-TERM SOLUTIONS THROUGH THE GOVERNMENT 
              ACCOUNTABILITY OFFICE.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study on the personnel capacity and capability of the 
Department of State and the United States Agency for International 
Development (in this section referred to as ``USAID'') to support 
United States strategic competition with the PRC and on available 
mechanisms to address any identified gaps.
    (b) Report.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Comptroller General of the United 
        States shall submit to the appropriate congressional committees 
        a report detailing the results of the study referred to in 
        subsection (a).
            (2) Elements.--The report referred to in paragraph (1) 
        shall contain the following:
                    (A) The percentage of Foreign Service positions and 
                civil service positions in the Indo-Pacific region that 
                are vacant, as compared to the same vacancy rates for 
                such positions in all other regions globally.
                    (B) A qualitative assessment of the gaps in 
                understanding of the PRC among the Foreign Service, 
                civil service, and intelligence community (as that term 
                is defined in section 3 of the National Security Act of 
                1947 (50 U.S.C. 3003)) and how these perceived gaps 
                hamper their work, which the Comptroller General of the 
                United States shall compile after consulting with 
                directors and deputy directors within the Department of 
                State and USAID that the Comptroller General deems 
                appropriate for informing United States policies on 
                competition with the PRC.
                    (C) A recommendation of actions that Congress, the 
                Executive Office of the President, and the Department 
                of State can take to address the gaps referred to in 
                subparagraph (B), disaggregated by whether such actions 
                can be taken within a 1-, 5-, or 10-year period.
            (3) Form.--The report referred to in paragraph (1) may be 
        submitted in classified or unclassified form and shall have an 
        unclassified summary.
    (c) Congressional Briefings.--Not later than 180 days after the 
date of enactment of this Act, and every 180 days thereafter until the 
submission of the report required by subsection (b)(1), the Comptroller 
General of the United States shall provide the appropriate 
congressional committees an interim briefing on the progress of the 
study referred to in subsection (a), including any preliminary 
observations, interim findings, and barriers to completing the work.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs of the House 
                of Representatives; and
                    (B) the Committee on Foreign Relations of the 
                Senate.
            (2) CCP.--The term ``CCP'' means the Chinese Communist 
        Party of the People's Republic of China.
            (3) Civil service.--The term ``civil service'' has the 
        meaning given that term in section 2101 of title 5, United 
        States Code.
            (4) Foreign service.--The term ``Foreign Service'' means 
        the Foreign Service of the United States.
            (5) PRC.--The term ``PRC'' means the People's Republic of 
        China.
                                 &lt;all&gt;
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