Expand eXpertise in China Education and Language Act or the EXCEL Act
This bill requires the Department of State to use direct hire authority to appoint at least 31 candidates with China-related linguistic, cultural, or regional expertise to the competitive service. The bill requires the State Department to train employees on competition with China and establishes a China strategic advisory board. The bill also requires the Government Accountability Office to study the capacity of the State Department and the U.S. Agency for International Development to support strategic competition with China.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8780 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8780
To improve hiring authorities available to the Secretary of State with
respect to expertise on China, and for other purposes.
_______________________________________________________________________
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.
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 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.
SEC. 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.
SEC. 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.
SEC. 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-
a-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.
SEC. 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Foreign Affairs.
Referred to the Subcommittee on Asia, the Pacific, Central Asia and Nonproliferation.
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