I 117th CONGRESS 2d Session H. R. 8780 IN THE HOUSE OF REPRESENTATIVES September 9, 2022 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 China, and for other purposes.

1. Short title This Act may be cited as the Expand eXpertise in China Education and Language Act or the EXCEL Act . 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 to security and prosperity 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 People’s Republic of China; 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 People’s Republic of China, and that agencies may benefit from additional flexibility to recruit, hire, and retain talent. 3. Hiring additional expertise at the Department of State (a) Direct hire authority (1) In general Not more than 2 years after the date of enactment of this Act, the Secretary of State shall appoint, without regard to the provisions of sections 3309 through 3318 of title V, no fewer than 31 candidates with linguistic, cultural, or regional expertise relevant for strengthening United States understanding of and ability to compete with the People’s Republic of China directly to positions in the competitive service, as defined in section 2102 of that title. (2) Termination The authority provided under subsection (a) shall terminate in 10 years after the date of enactment of this Act. (b) Long-Term and short-Term contracts (1) Training The Secretary of State shall, to such extent or in such amounts as provided in appropriations Acts, train Foreign Service and Civil Service employees who hold positions relevant to advancing United States policies toward competition with the PRC. (2) Topics covered The training shall cover the following topics: (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. (3) Contracting or grants for training The Secretary shall provide the training required in subsection (b) by obtaining assistance from knowledgeable persons and organizations through— (A) entering into short-term and long-term contracts, including contracts for the services of consultants; (B) making grants available, or (C) other appropriate measures, as the Secretary deems necessary. 4. Providing enduring strategic advice via the China Strategic Advisory Board (a) Establishment There is established an advisory commission to be known as the China Strategic Advisory Board (referred to in this section as the Advisory Board ). (b) Duties and Responsibilities The Advisory Board shall— (1) provide advice, expertise, and continuity in United States foreign policy matters pertaining to strategic competition with the PRC; (2) review recruitment, training, and retention of Civil Service and Foreign Service members with the expertise and experience necessary to support United States policy toward the PRC; and (3) review programs across regional and functional bureaus intended to respond to strategic competition with the PRC, including the Counter PRC Malign Influence Fund. (c) Membership (1) Qualifications The Advisory Board shall consist of between 12 and 24 members, and shall have at least 10 years of demonstratable record of substantial experience pertaining to issues related to United States strategic competition with China. No sitting officer or employee of the United States Government shall be appointed to the Advisory Board. (2) Appointments by democratic party The Democratic Party leaders in the House of Representatives and in the Senate shall jointly make the following appointments: (A) One appointment with a term that expires on December 30, 2024. (B) One appointment with a term that expires on December 30, 2026. (C) One appointment with a term that expires on December 30, 2028. (3) Appointments by republican party The Republican Party leaders in the House of Representatives and in the Senate shall jointly make the following appointments: (A) One appointment with a term that expires on December 30, 2024. (B) One appointment with a term that expires on December 30, 2026. (C) One appointment with a term that expires on December 30, 2028. (4) Appointments by President The President shall make the following appointments, with at least 2 of the appointees shall be between the ages of 30 and 50 years of age at the time of appointment: (A) Two appointments with a term that expires on December 30, 2024. (B) Two appointments with a term that expires on December 30, 2026. (C) Two appointments with a term that expires on December 30, 2028. (5) Appointments by Secretary of State The Secretary of State shall make the following appointments, totaling at least 6 appointments and no more than a maximum of 12 appointments: (A) Two appointments with a term that expires on December 30, 2024. (B) Two appointments with a term that expires on December 30, 2026. (C) Two appointments with a term that expires on December 30, 2028. (D) The appointees shall meet the following criteria: (i) At least one of the appointees shall be between the ages of 30 and 50 years of age at the time of appointment. (ii) At least one shall be able to credibly represent the views of the United States business community. (iii) At least one shall have demonstrable experience as a United States diplomat. (6) Deadline Each appointing authority referred to in paragraphs (2) through (5) shall make appointments not later than January 1, 2023. (7) Replacement Each appointing authority referred to in paragraphs (2) through (5) shall make appointments to replace the appointees that the authority appointed whose terms have expired. The appointing authority shall make replacement appointments not later than January 30th of the calendar year following the term expiration. (d) Term (1) In general Following the initial appointments described in subsections (c)(2) through (c)(5), the term of each member shall be 6 years. (2) Additional terms Members may be reappointed for no more than one additional term of service. (3) Rotating term expiration Following 6 years of service for the first class of Advisory Board members, the terms of 1/3 of the body shall expire. Every two subsequent years following that date, the terms of 1/3 of the members shall expire on a rotational basis. Each appointing authority referred to in subsection (c)(2) through (4) shall have rotating permission to appoint new members. (e) Selection of chairperson The Advisory Committee shall select, from among its members, a chairperson and vice chairperson to each serve a term of one year. A chairperson or vice chairperson may be reelected upon expiration of his or her term. (f) Meetings (1) Quorum; frequency A majority of the members of the Advisory Board shall constitute a quorum. The Advisory Board shall meet at least quarterly or 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. (3) Meetings with officials The Advisory Board shall collectively meet with the Secretary of State and the Administrator of the U.S. Agency for International Development no less than once per year. (g) Briefing The Advisory Board shall provide semi-annual briefings to the appropriate Congressional committees on findings and recommendations. (h) Security Clearances (1) In general All members of the Advisory Board shall be granted the necessary security clearances, subject to the standard procedures for granting such clearances. (2) Need to know For purposes of any law or regulation governing access to classified records, a member of the Advisory Committee seeking access under this paragraph to a record shall be deemed to have a need to know. (i) Compensation Members of the Advisory Board shall— (1) each receive compensation at a rate of not to exceed the daily equivalent of the annual rate of 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 the duties 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. (j) Authorization of Funding There are authorized to be appropriated $100,000 for each fiscal year to carry out this section. (k) Access to information The Secretary of State shall ensure that the Advisory Board has access to all appropriate information to carry out its duties and responsibilities under this section. 5. Identifying long-term solutions through the Government Accountability Office (a) Study Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study on the personnel capacity and capability at the Department of State and USAID to support United States strategic competition with the People’s Republic of China and on available mechanisms to address any identified gaps. (b) Elements In conducting the study under subsection (a), the Comptroller General shall— (1) identify the percentage of vacant foreign service positions and civil service positions in the Indo-Pacific vis-à-vis other regions globally; (2) consult Directors and Deputy Directors the Comptroller at State and USAID that the Comptroller General deems relevant for informing United States policies on competition with the PRC to provide a qualitative assessment of the gaps in understanding of the PRC among the foreign service, civil service, and intelligence community and how this perceived gap hampers their work; and (3) identify actions across Congress, the White House, and the Department of State can take in the 1, 5, and 10 year period to address current gaps. (c) Briefing and report Not later than 180 days after the date of enactment of this Act, and every 180 days thereafter, the Comptroller General shall provide the appropriate Congressional Committees an interim briefing on the progress of the study conducted under subsection (b), including any preliminary observations, interim findings, and barriers to completing the work. (d) Form The study required by subsection (a) may be submitted in classified or unclassified form, but must have an unclassified summary. 6. Definition In this Act, the term appropriate congressional committees means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.