EXCEL Act

I 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Expand eXpertise in 4 China Education and Language Act’’ or the ‘‘EXCEL 5 Act’’. 6 SEC. 2. SENSE OF CONGRESS. 7 It is the sense of Congress that— 8 (1) strategic competition with the Government 9 of the People’s Republic of China (PRC) and the 10 VerDate Sep 11 2014 01:08 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2409.IH H2409 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 2409 IH Chinese Communist Party (CCP) is the most signifi- 1 cant geostrategic challenge the United States faces 2 in the 21st century; 3 (2) the United States Government needs to fur- 4 ther invest in relevant linguistic, cultural, and re- 5 gional expertise to effectively engage in strategic 6 competition with the PRC; and 7 (3) existing hiring authorities across the execu- 8 tive branch are not being adequately utilized to 9 bring in necessary expertise to win the strategic 10 competition against the PRC, and agencies may ben- 11 efit from additional flexibility to recruit, hire, and 12 retain talent. 13 SEC. 3. HIRING ADDITIONAL EXPERTISE AT THE DEPART- 14 MENT OF STATE. 15 (a) DIRECT HIRE AUTHORITY.— 16 (1) IN GENERAL.—Beginning not later than 2 17 years after the date of enactment of this Act, the 18 Secretary of State shall appoint directly to positions 19 in the competitive service, as defined in section 2102 20 of title 5, United States Code, without regard to the 21 provisions of sections 3309 through 3318 of that 22 title, not fewer than 31 candidates with linguistic, 23 cultural, or regional expertise relevant to strength- 24 VerDate Sep 11 2014 01:08 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2409.IH H2409 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 2409 IH ening United States understanding of and ability to 1 compete with the PRC. 2 (2) TERMINATION.—The authority provided 3 under paragraph (1) shall terminate on the date 4 that is 10 years after the date of enactment of this 5 Act. 6 (b) LONG-TERM AND SHORT-TERM CONTRACTS.— 7 (1) TRAINING.—The Secretary of State shall 8 train Foreign Service and civil service employees 9 who hold positions relevant to advancing United 10 States policies toward competition with the PRC in 11 the topics described in paragraph (2). 12 (2) TOPICS COVERED.—The training referred to 13 in paragraph (1) shall cover the following: 14 (A) The domestic and foreign policy objec- 15 tives of the PRC and the CCP, as demonstrated 16 through publicly available speeches and PRC 17 and CCP documents. 18 (B) The tools the PRC and the CCP use 19 to achieve those objectives. 20 (C) The role of ideology in shaping CCP 21 policies and outlook. 22 (D) Other topics deemed relevant by the 23 China Strategic Advisory Board, established by 24 section 4(a). 25 VerDate Sep 11 2014 01:08 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2409.IH H2409 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 2409 IH (3) CONTRACTS AND GRANTS FOR TRAINING.— 1 In providing the training referred to in paragraph 2 (1), the Secretary of State may obtain assistance 3 from knowledgeable persons by— 4 (A) entering into short-term and long-term 5 contracts for such assistance, including con- 6 tracts for the temporary or intermittent services 7 of experts and consultants under section 3109 8 of title 5, United States Code; 9 (B) making grants to the persons pro- 10 viding such assistance; and 11 (C) taking other appropriate measures, as 12 the Secretary of State deems necessary. 13 SEC. 4. PROVIDING ENDURING STRATEGIC ADVICE VIA THE 14 CHINA STRATEGIC ADVISORY BOARD. 15 (a) ESTABLISHMENT.—There is established an advi- 16 sory board to be known as the ‘‘China Strategic Advisory 17 Board’’ (in this section referred to as the ‘‘Advisory 18 Board’’). 19 (b) DUTIES AND RESPONSIBILITIES.—The Advisory 20 Board shall— 21 (1) provide advice and expertise to the Sec- 22 retary of State, and continuity, in United States for- 23 eign policy matters pertaining to strategic competi- 24 tion with the PRC; 25 VerDate Sep 11 2014 01:08 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2409.IH H2409 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 2409 IH (2) review recruitment, training, and retention 1 of Foreign Service and civil service members with 2 the expertise and experience necessary to support 3 United States policy toward the PRC; and 4 (3) provide guidance on programs across re- 5 gional and functional bureaus intended to respond to 6 strategic competition with the PRC, including the 7 Countering Chinese Influence Fund established by 8 section 7043(c)(2) of the Department of State, For- 9 eign Operations, and Related Programs Appropria- 10 tions Act, 2020 (division G of Public Law 116–94; 11 133 Stat. 2896). 12 (c) MEMBERSHIP.— 13 (1) IN GENERAL.—The Advisory Board shall 14 consist of at least 18 and not more than 24 mem- 15 bers, who each should have a demonstrable record of 16 substantial experience pertaining to issues related to 17 United States strategic competition with the PRC. 18 No sitting officer or employee of the United States 19 Government may be appointed to the Advisory 20 Board. 21 (2) APPOINTMENTS.— 22 (A) APPOINTMENTS BY THE SPEAKER OF 23 THE HOUSE OF REPRESENTATIVES AND SEN- 24 ATE LEADER OF SAME PARTY.—The Speaker of 25 VerDate Sep 11 2014 01:08 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2409.IH H2409 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 2409 IH the House of Representatives and the leader 1 that is of the same party in the Senate (if any), 2 in consultation with the Chair and Ranking 3 Member of the Committee on Foreign Relations 4 of the Senate, shall jointly appoint 3 members. 5 (B) APPOINTMENTS BY MINORITY LEADER 6 OF THE HOUSE OF REPRESENTATIVES AND 7 SENATE LEADER OF SAME PARTY.—The leader 8 of the minority party of the House of Rep- 9 resentatives and the leader of the same party in 10 the Senate (if any), in consultation with the 11 Chair and Ranking Member of the Committee 12 on Foreign Affairs of the House of Representa- 13 tives, shall jointly appoint 3 members. 14 (C) APPOINTMENTS BY THE PRESIDENT.— 15 (i) NUMBER.—The President shall ap- 16 point 6 members. 17 (ii) QUALIFICATIONS.—At least 2 of 18 the members appointed under clause (i) 19 shall be between 30 and 50 years of age 20 (inclusive) at the time of appointment. 21 (D) APPOINTMENTS BY SECRETARY OF 22 STATE.— 23 VerDate Sep 11 2014 01:08 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2409.IH H2409 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 2409 IH (i) NUMBER.—The Secretary of State 1 shall appoint at least 6 but not more than 2 12 members. 3 (ii) QUALIFICATIONS.—The appoint- 4 ments made under clause (i) shall meet the 5 following criteria: 6 (I) At least 1 member who is not 7 described in subclause (II) or (III) 8 shall be between 30 and 50 years of 9 age (inclusive) at the time of appoint- 10 ment. 11 (II) At least 1 member who is 12 not described in subclause (I) or (III) 13 shall be able to credibly represent the 14 views of the United States business 15 community. 16 (III) At least 1 member who is 17 not described in subclause (I) or (II) 18 shall have demonstrable experience as 19 a United States diplomat. 20 (3) DEADLINE FOR INITIAL APPOINTMENTS.— 21 Each appointing authority referred to in paragraph 22 (2) shall make all initial appointments required by 23 such paragraph not later than January 1, 2024. 24 VerDate Sep 11 2014 01:08 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2409.IH H2409 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 2409 IH (4) VACANCIES.—Not later than 30 days after 1 the date on which a vacancy on the Advisory Board 2 occurs, the vacancy shall be filled in the same man- 3 ner as specified for the original appointment under 4 paragraph (2), and the individual so appointed shall 5 serve the remainder of the unexpired term. 6 (5) REPLACEMENT APPOINTMENTS.—Not later 7 than 30 days after the date on which the term of a 8 member of the Advisory Board expires, the appoint- 9 ing authority that appointed such member shall ap- 10 point the member’s replacement. 11 (d) TERMS.— 12 (1) IN GENERAL.—Except as provided in para- 13 graph (2), all members appointed to the Advisory 14 Board shall have a term of 6 years. 15 (2) INITIAL TERMS.— 16 (A) APPOINTMENTS BY THE SPEAKER OF 17 THE HOUSE OF REPRESENTATIVES AND SEN- 18 ATE LEADER OF SAME PARTY.—Of the initial 19 members appointed under subsection (c)(2)(A), 20 1 shall have a term of 2 years and 1 shall have 21 a term of 4 years, as designated by the Speaker 22 and leader referred to in such subsection at the 23 time of appointment. 24 VerDate Sep 11 2014 01:08 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2409.IH H2409 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 2409 IH (B) APPOINTMENTS BY MINORITY LEADER 1 OF THE HOUSE OF REPRESENTATIVES AND 2 SENATE LEADER OF SAME PARTY.—Of the ini- 3 tial members appointed under subsection 4 (c)(2)(B), 1 shall have a term of 2 years and 5 1 shall have a term of 4 years, as designated 6 by the leaders referred to in such subsection at 7 the time of appointment. 8 (C) APPOINTMENTS BY THE PRESIDENT.— 9 Of the initial members appointed under sub- 10 section (c)(2)(C), 2 shall have a term of 2 years 11 and 2 shall have a term of 4 years, as des- 12 ignated by the President at the time of appoint- 13 ment. 14 (D) APPOINTMENTS BY SECRETARY OF 15 STATE.—Of the initial members appointed 16 under subsection (c)(2)(D), at least 1⁄3 shall 17 have a term of 2 years and at least 1⁄3 shall 18 have a term of 4 years, as designated by the 19 Secretary of State at the time of appointment. 20 (3) ADDITIONAL TERMS.—A member of the Ad- 21 visory Board may be reappointed to not more than 22 1 additional term but may not be appointed to a dif- 23 ferent seat on the Board. 24 VerDate Sep 11 2014 01:08 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2409.IH H2409 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 2409 IH (e) QUORUM.—A majority of the sitting members of 1 the Advisory Board shall constitute a quorum but a lesser 2 number may hold hearings. 3 (f) CHAIRPERSON AND VICE CHAIRPERSON.—The 4 Advisory Board shall elect, from among its members, a 5 Chairperson and Vice Chairperson. The terms of office of 6 the Chairperson and Vice Chairperson shall be 1 year, and 7 the Chairperson and Vice Chairperson may be reelected 8 to subsequent terms. 9 (g) BOARD MEETINGS.— 10 (1) FREQUENCY.—The Advisory Board shall 11 meet, at the call of the Chairperson or a majority of 12 its members, at least once every 3 months and as 13 frequently as may be necessary to carry out its du- 14 ties. 15 (2) SUBCOMMITTEES.—The Advisory Board 16 may be divided into subcommittees that meet sepa- 17 rately from the whole Board. 18 (h) BRIEFINGS WITH OFFICIALS.—Not less fre- 19 quently than annually, the Advisory Board shall collec- 20 tively provide to the Secretary of State and the Adminis- 21 trator of the United States Agency for International De- 22 velopment a briefing on— 23 VerDate Sep 11 2014 01:08 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2409.IH H2409 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 2409 IH (1) the findings made by the Advisory Board in 1 fulfilling its duties and responsibilities under sub- 2 section (b); and 3 (2) any recommendations of the Advisory Board 4 for future legislative or administrative action. 5 (i) CONGRESSIONAL BRIEFINGS.—On a semiannual 6 basis, the Advisory Board shall provide to each of the ap- 7 propriate congressional committees a briefing on— 8 (1) the findings made by the Advisory Board in 9 fulfilling its duties and responsibilities under sub- 10 section (b); and 11 (2) any recommendations of the Advisory Board 12 for future legislative or administrative action. 13 (j) SECURITY AND ACCESS TO INFORMATION.— 14 (1) SECURITY CLEARANCES.—The appropriate 15 departments and agencies of the executive branch 16 shall cooperate with the Advisory Board to expedi- 17 tiously provide to the members of the Advisory 18 Board the appropriate security clearances necessary 19 to carry out the duties and responsibilities of the 20 Advisory Board, subject to the standard procedures 21 and requirements for granting such clearances. 22 (2) NEED TO KNOW.—For purposes of any law 23 or regulation governing access to classified informa- 24 tion, a member of the Advisory Board seeking access 25 VerDate Sep 11 2014 01:08 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2409.IH H2409 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •HR 2409 IH to a record or material to fulfill the duties and re- 1 sponsibilities of the Advisory Board shall be deemed 2 to have a need to know the contents of the record 3 or material. 4 (3) ACCESS TO INFORMATION.—The Secretary 5 of State shall ensure that members of the Advisory 6 Board have access to all appropriate information to 7 fulfill the duties and responsibilities of the Advisory 8 Board. 9 (k) COMPENSATION.—Members of the Advisory 10 Board shall— 11 (1) receive compensation at a rate not to exceed 12 the daily equivalent of the annual basic pay payable 13 for positions at GS–15 of the General Schedule 14 under section 5332 of title 5, United States Code, 15 for each day such member is engaged in the actual 16 performance of services of the Advisory Board; and 17 (2) be allowed travel expenses, including per 18 diem in lieu of subsistence at rates authorized for 19 employees of agencies under subchapter I of chapter 20 57 of title 5, United States Code, while away from 21 their homes or regular places of business in the per- 22 formance of services of the Advisory Board. 23 VerDate Sep 11 2014 01:08 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2409.IH H2409 pbinns on DSKJLVW7X2PROD with $$_JOB 13 •HR 2409 IH (l) STAFF.—The Chairperson may appoint and fix 1 the pay of personnel as the Chairperson considers appro- 2 priate. 3 (m) TERM [Text truncated for display. 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