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