I 
117TH CONGRESS 
2D SESSION 
H. R. 8536 
To establish a commission to reform and modernize the Department of State. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 27, 2022 
Mr. MEIJER (for himself and Ms. JACOBS of California) introduced the 
following bill; which was referred to the Committee on Foreign Affairs 
A BILL 
To establish a commission to reform and modernize the 
Department of State. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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 Depart-
ment of State (in this Act referred to as the ‘‘Commis-
sion’’). 
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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 Depart-
ment of State; 
(2) personnel-related matters, to include re-
cruitment, 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, in-
telligence, development, commercial, health, law en-
forcement, 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); 
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(6) related regulations, rules, and processes 
that define United States diplomatic efforts, includ-
ing 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.— 
(1) IN
GENERAL.—The Commission shall be 
composed of 8 members of whom— 
(A) one member shall be appointed by the 
chairperson of the Committee on Foreign Af-
fairs of the House of Representatives; 
(B) one member shall be appointed by the 
ranking member of the Committee on Foreign 
Affairs of the House of Representatives; 
(C) one member shall be appointed by the 
chairperson of the Committee on Foreign Rela-
tions of the Senate; 
(D) one member shall be appointed by the 
ranking member of the Committee on Foreign 
Relations of the Senate; 
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(A) IN GENERAL.—It is the sense of Con-
gress that the members of the Commission ap-
pointed under subsection (a) should— 
(i) be prominent United States citi-
zens, with national recognition and signifi-
cant depth of experience in international 
relations and the Department of State; 
(ii) have leadership experience related 
to international relations, diplomacy, and 
data-driven management; 
(iii) have significant expertise in inter-
national relations, diplomacy, economics, 
technology, labor relations, energy, and 
foreign assistance; 
(iv) have an understanding of man-
agement challenges that may hinder the 
Department of State in carrying out its 
mission to the most effective extent pos-
sible; and 
(v) maintain a deep understanding of 
the Department of State’s Civil and For-
eign Service workforces, including the chal-
lenges and opportunities the Department 
of State faces in managing two personnel 
systems. 
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(B) PROHIBITIONS.—A member of the 
Commission appointed under subsection (a) 
may not— 
(i) be a current Member of Congress; 
or 
(ii) be a current or former registrant 
under the Foreign Agents Registration Act 
of 1938 (22 U.S.C. 611 et seq.). 
(2) MEETINGS.— 
(A) INITIAL
MEETING.—The Commission 
shall hold its first meeting not later than 30 
days after the date on which all members of the 
Commission have been appointed. 
(B) FREQUENCY.—The Commission shall 
meet at the call of the co-chairpersons of the 
Commission. 
(C) QUORUM.—A majority of the members 
of the Commission shall constitute a quorum 
for purposes of conducting business, except that 
two members of the Commission shall con-
stitute a quorum for purposes of receiving testi-
mony. 
(3) VACANCIES.—Any vacancy in the Commis-
sion shall not affect the powers of the Commission, 
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but shall be filled in the same manner as the origi-
nal appointment. 
SEC. 5. FUNCTIONS OF COMMISSION. 
(a) IN GENERAL.—The Commission shall act by reso-
lution agreed to by a majority of the members of the Com-
mission voting and present. 
(b) PANELS.—The Commission may establish panels 
composed of less than the full membership of the Commis-
sion for purposes of carrying out the duties of the Com-
mission under this Act. The actions of any such panel 
shall be subject to the review and control of the Commis-
sion. Any findings and determinations made by such a 
panel shall not be considered the findings and determina-
tions of the Commission unless approved by the Commis-
sion. 
(c) DELEGATION.—Any member, agent, or staff of 
the Commission may, if authorized by the co-chairpersons 
of the Commission, take any action which the Commission 
is authorized to take pursuant to this Act. 
SEC. 6. POWERS OF COMMISSION. 
(a) HEARINGS AND EVIDENCE.—The Commission or, 
as delegated by the co-chairpersons of the Commission, 
any panel or member thereof, may, for the purpose of car-
rying out this Act— 
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(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 nec-
essary; 
(2) require the attendance and testimony of 
such witnesses and the production of such cor-
respondence, memoranda, papers, and documents, as 
the Commission or such designated subcommittee or 
designated member considers necessary; and 
(3) subject to applicable privacy laws and rel-
evant regulations, secure directly from any Federal 
department or agency information and data nec-
essary to enable it to carry out its mission, which 
shall be provided by the head or acting representa-
tive of the department or agency not later than 30 
days after the Commission provides a written re-
quest for such information and data. 
(b) CONTRACTS.—The Commission may, to such ex-
tent and in such amounts as are provided in appropriation 
Acts, enter into contracts to enable the Commission to dis-
charge its duties under this Act. 
(c) INFORMATION FROM FEDERAL AGENCIES.— 
(1) IN GENERAL.—The Commission may secure 
directly from any executive department, bureau, 
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agency, board, commission, office, independent es-
tablishment, or instrumentality of the Government, 
information, suggestions, estimates, and statistics 
for the purposes of this Act. 
(2) FURNISHING INFORMATION.—Each depart-
ment, bureau, agency, board, commission, office, 
independent establishment, or instrumentality shall, 
to the extent authorized by law, furnish such infor-
mation, suggestions, estimates, and statistics di-
rectly to the Commission, upon request made by a 
co-chairperson of the Commission, the chairman of 
any panel created by a majority of the Commission, 
or any member designated by a majority of the 
Commission. 
(3) HANDLING.—Information shall only be re-
ceived, handled, stored, and disseminated by mem-
bers of the Commission and its staff consistent with 
all applicable statutes, regulations, and Executive or-
ders. 
(d) ASSISTANCE FROM FEDERAL AGENCIES.— 
(1) SECRETARY OF STATE.—The Secretary of 
State shall provide to the Commission, on a non-re-
imbursable basis, such administrative services, 
funds, staff, facilities, and other support services as 
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are necessary for the performance of the Commis-
sion’s duties under this Act. 
(2) OTHER
DEPARTMENTS
AND
AGENCIES.— 
Other Federal departments and agencies may pro-
vide the Commission such services, funds, facilities, 
staff, and other support as such departments and 
agencies consider advisable and as may be author-
ized by law. 
(3) COOPERATION.—The Commission shall re-
ceive the full and timely cooperation of any official, 
department, or agency of the Federal Government 
whose assistance is necessary, as jointly determined 
by the co-chairpersons of the Commission, for the 
fulfillment of the duties of the Commission, includ-
ing the provision of full and current briefings and 
analyses. 
(4) DESIGNATION.—The Secretary of State 
shall designate an individual from the Department 
of State at the level of Assistant Secretary to engage 
and liaise with the Commission. 
(e) ASSISTANCE FROM INDEPENDENT ORGANIZA-
TIONS.— 
(1) IN GENERAL.—In order to inform its work, 
the Commission should review reports written within 
the last 15 years by independent organizations and 
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outside experts relating to reform and modernization 
of the Department of State. 
(2) AVOIDING DUPLICATION.—In analyzing the 
reports specified under paragraph (1), the Commis-
sion 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.—Not less fre-
quently than once every 90 days, the Commission shall 
provide a briefing to the Committee on Foreign Affairs 
of the House of Representatives and the Committee on 
Foreign Relations of the Senate regarding the work of the 
Commission. 
SEC. 7. STAFF AND COMPENSATION. 
(a) STAFF.— 
(1) COMPENSATION.—The co-chairpersons of 
the Commission, in accordance with rules agreed 
upon by the Commission, shall appoint and fix the 
compensation of a staff director and such other per-
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sonnel as may be necessary to enable the Commis-
sion 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 sub-
chapter 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 oc-
cupying a position at level V of the Executive Sched-
ule 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 INTER-
MITTENT SERVICES.—The Commission may procure 
temporary and intermittent services under section 
3109(b) of title 5, United States Code, at rates for 
individuals that do not exceed the daily equivalent of 
the annual rate of basic pay prescribed for level IV 
of the Executive Schedule under section 5315 of 
that title. 
(b) COMMISSION MEMBERS.— 
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(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 ef-
fect 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 tem-
porary 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 employ-
ees detailed to the Commission, shall be allowed travel ex-
penses, 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. 
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(d) SECURITY CLEARANCES FOR COMMISSION MEM-
BERS AND STAFF.—The appropriate Federal agencies or 
departments shall cooperate with the Commission in expe-
ditiously providing to the Commission members and staff 
appropriate security clearances to the extent possible pur-
suant to existing procedures and requirements, except that 
no person shall be provided with access to classified infor-
mation 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 con-
tains 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 sub-
section (a) shall include findings, conclusions, and rec-
ommendations related to— 
(1) the organizational structure of the Depart-
ment of State; 
(2) personnel-related matters, to include re-
cruitment, promotion, training, and retention of the 
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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, in-
telligence, development, commercial, health, law en-
forcement, 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, includ-
ing 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 con-
sider necessary for a complete appraisal of United 
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States diplomacy and Department of State manage-
ment and operations; and 
(10) the amount of time, manpower, and finan-
cial 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 Con-
gress, the Secretary of State shall have the right to review 
and respond to all Commission recommendations not later 
than 90 days after receiving the recommendations from 
the Commission. 
SEC. 9. TERMINATION OF COMMISSION. 
(a) IN GENERAL.—The Commission, and all the au-
thorities under this Act, shall terminate 180 days after 
the date on which the final report is submitted under sec-
tion 8. 
(b) ADMINISTRATIVE ACTIVITIES BEFORE TERMI-
NATION.—The Commission may use the 180-day period 
referred to in subsection (a) for the purpose of concluding 
its activities, including providing testimony to committees 
of Congress concerning its reports and disseminating the 
report. 
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SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There is authorized to be appro-
priated to the Commission to carry out this Act 
$6,000,000 for fiscal year 2023. 
(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 provi-
sions of section 552 of title 5, United States Code (com-
monly referred to as the Freedom of Information Act), 
shall not apply to the activities, records, and proceedings 
of the Commission under this Act. 
Æ 
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