H.R. 10095 explained  ·  119th Congress  ·  Pending in Congress

To amend the Foreign Service Act of 1980 to provide per diem eligibility for required leave of members of the Foreign Service.

Create a free account or sign in to follow H.R. 10095 and get alerts. Policy area: International Affairs Create a free account or sign in to follow the International Affairs policy area and get alerts. ▲ 67 days since action Sponsor: William R. Keating, MA-09, D → Congress.gov

Cosponsors: 4 (2 D, 2 R) · per Congress.gov, 2026-10-14

Introduced: 2026-08-13

Latest action (2026-08-13): Referred to the House Committee on Foreign Affairs.

What H.R. 10095 does, in plain terms

The Congressional Research Service has not published a summary of H.R. 10095 yet. Its official title: “To amend the Foreign Service Act of 1980 to provide per diem eligibility for required leave of members of the Foreign Service.”.

Constitution Index

“VFA Constitution grade”

Not graded yet

H.R. 10095 has not been graded yet. New measures with an official summary are graded daily under the published rubric.

The Framers

“Founders’ Verdict”

CONSTITUTIONAL

Confidence 0.80

Archived SI output (machine-generated)

No editorial review recorded. This historical SI verdict was machine-generated by software and predates the review desk; check it against the official bill text.

Synthesis

The bill is constitutional as a proper exercise of Congress's enumerated powers over foreign affairs, federal spending, and the compensation of officers, and is a necessary and proper means to support the efficiency of the Foreign Service.

Hamilton YES

This legislation falls squarely within the enumerated power of Congress to provide for the common defense and general welfare, and to regulate the foreign intercourse of the Union. The Foreign Service is an instrument of the Executive in conducting diplomacy, and Congress has explicit authority to pay the salaries and expenses of public ministers and to make all laws necessary and proper for executing the nation's foreign affairs. Amending the Foreign Service Act to allow per diem for required leave is a reasonable exercise of the spending power and of Congress's authority over the organizatio…

Article I, Section 8, Clause 1 Article I, Section 8, Clause 18 Federalist No. 23
Jefferson YES

The bill concerns the compensation of officers of the United States, specifically members of the Foreign Service. The Constitution vests in Congress the power to make all laws which shall be necessary and proper for carrying into execution the powers vested in the government of the United States, including the regulation of the compensation of federal officers. Article II further empowers the President to appoint officers, and Congress may set the terms of their service. This legislation does not exceed the enumerated powers of Congress, nor does it infringe upon the rights reserved to the sta…

Article I, Section 8, Clause 18 Article II, Section 2
Madison CONDITIONAL

The proposed amendment to the Foreign Service Act concerns the compensation and conditions of service for federal officers, which falls under the power of Congress to regulate the foreign service as an extension of the Executive branch's treaty and diplomatic powers. However, the Constitution requires that all bills for raising revenue originate in the House (Article I, Section 7, Clause 1), and any provision that effectively increases federal expenditures must be carefully scrutinized to ensure it does not exceed the enumerated powers of Congress. The per diem eligibility for leave must be a …

Article I, Section 7, Clause 1 Article I, Section 8, Clause 18 Federalist No. 10
Marshall YES

The Constitution commits to Congress the power to conduct the foreign affairs of the nation and to make all laws which shall be necessary and proper for carrying into execution the powers vested in the Government. The establishment and maintenance of a Foreign Service are essential to the exercise of the treaty and diplomatic powers, and the provision of per diem during required leave is a reasonable and fitting incident to the faithful service of those who represent the United States abroad. As this Court held in McCulloch v. Maryland, the means chosen by Congress need only be rationally rela…

Article I, Section 8, Clause 18 (Necessary and Proper Clause) McCulloch v. Maryland (1819)
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What should pass

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Archived SI output (machine-generated) · No editorial review recorded

This historical draft has no editorial review time on record. Check its claims against the original bill and current law.

Foreign Service Leave Per Diem Accountability and Fairness Act

Generated by VFA SI Solutions

To ensure that Foreign Service members who are required to take leave (e.g., for medical, safety, or administrative reasons) receive per diem allowances during that leave to cover living expenses, similar to when they are on duty.

Bipartisan rationale: Democrats: Ensures fair treatment and financial security for Foreign Service personnel during mandatory leave, supporting worker rights and morale. Republicans: Includes a strict fiscal cap, a five-year sunset to force reauthorization, and GAO oversight to prevent abuse and ensure cost control.

Funding: General appropriations for the Department Capped at $5,000,000 per fisca Sunset 5y Oversight: Government Accountability Offi Enforcement: The Secretary of State must certify
→ Article I, Section 8, Clause 18 (Necessary and Proper Clause) → Inherent congressional power over the compensation and terms of service of federal employees

Article I, Section 8, Clause 18

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