I 118th CONGRESS 1st Session H. R. 2409 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.

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 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. 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. 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. 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. 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.