[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5039 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 5039
To establish a temporary commission to develop a consensus and
actionable recommendations on a comprehensive grand strategy with
respect to the United States relationship with the People's Republic of
China for purposes of ensuring a holistic approach toward the People's
Republic of China across all Federal departments and agencies.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 29, 2022
Mr. King (for himself, Mr. Cornyn, Mr. Kaine, Mr. Cramer, Ms. Hirono,
Mr. Rounds, Ms. Rosen, Mr. Carper, Mr. Manchin, Mr. Blumenthal, Mr.
Tillis, Mr. Young, Ms. Collins, Mr. Sasse, and Mrs. Shaheen) introduced
the following bill; which was read twice and referred to the Committee
on Foreign Relations
_______________________________________________________________________
A BILL
To establish a temporary commission to develop a consensus and
actionable recommendations on a comprehensive grand strategy with
respect to the United States relationship with the People's Republic of
China for purposes of ensuring a holistic approach toward the People's
Republic of China across all Federal departments and agencies.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. CHINA GRAND STRATEGY COMMISSION.
(a) Establishment.--There is established a commission, to be known
as the ``China Grand Strategy Commission'' (in this section referred to
as the ``Commission''), to develop a consensus on a comprehensive grand
strategy and whole-of-government approach with respect to the United
States relationship with the People's Republic of China for purposes
of--
(1) ensuring a holistic approach toward the People's
Republic of China across all Federal departments and agencies;
and
(2) defining specific steps necessary to build a stable
international order that accounts for the People's Republic of
China's participation in that order; and
(3) providing actionable recommendations with respect to
the United States relationship with the People's Republic of
China, which are aimed at protecting and strengthening United
States national security interests.
(b) Membership.--
(1) Composition.--
(A) In general.--The Commission shall be composed
of the following members:
(i) The Deputy National Security Advisor.
(ii) The Deputy Secretary of Defense.
(iii) The Deputy Secretary of State.
(iv) The Deputy Secretary of the Treasury.
(v) The Deputy Secretary of Commerce.
(vi) The Principal Deputy Director of
National Intelligence.
(vii) Three members appointed by the
majority leader of the Senate, in consultation
with the chairperson of the Committee on Armed
Services of the Senate, one of whom shall be a
Member of the Senate and two of whom shall not
be.
(viii) Three members appointed by the
minority leader of the Senate, in consultation
with the ranking member of the Committee on
Armed Services of the Senate, one of whom shall
be a Member of the Senate and two of whom shall
not be.
(ix) Three members appointed by the Speaker
of the House of Representatives, in
consultation with the chairperson of the
Committee on Armed Services of the House of
Representatives, one of whom shall be a Member
of the House of Representatives and two of whom
shall not be.
(x) Three members appointed by the minority
leader of the House of Representatives, in
consultation with the ranking member of the
Committee on Armed Services of the House of
Representatives, one of whom shall be a Member
of the House of Representatives and two of whom
shall not be.
(B) Qualifications.--The members described in
clauses (vii) through (x) of subparagraph (A) who are
not Members of Congress shall be individuals who are
nationally recognized and have well-documented
expertise, knowledge, or experience in--
(i) the history, culture, economy, or
national security policies of the People's
Republic of China;
(ii) the United States economy;
(iii) the use of intelligence information
by national policymakers and military leaders;
(iv) the implementation, funding, or
oversight of the foreign and national security
policies of the United States; or
(v) the implementation, funding, or
oversight of economic and trade policies of the
United States.
(C) Avoidance of conflicts of interest.--An
official who appoints members of the Commission may not
appoint an individual as a member of the Commission if
such individual possesses any personal or financial
interest in the discharge of any of the duties of the
Commission.
(2) Co-chairpersons.--
(A) In general.--The Commission shall have two co-
chairpersons, selected from among the members of the
Commission, of whom--
(i) one co-chairperson shall be a member of
the Democratic Party; and
(ii) one co-chairperson shall be a member
of the Republican Party.
(B) Consensus.--The individuals selected to serve
as the co-chairpersons of the Commission shall be
jointly agreed upon by the President, the majority
leader of the Senate, the minority leader of the
Senate, the Speaker of the House of Representatives,
and the minority leader of the House of
Representatives.
(c) Appointment; Initial Meeting.--
(1) Appointment.--Members of the Commission shall be
appointed not later than 45 days after the date of the
enactment of this Act.
(2) Initial meeting.--The Commission shall hold its initial
meeting on or before the date that is 60 days after the date of
the enactment of this Act.
(d) Meetings; Quorum; Vacancies.--
(1) In general.--After its initial meeting, the Commission
shall meet upon the call of the co-chairpersons of the
Commission.
(2) Quorum.--Ten members of the Commission shall constitute
a quorum for purposes of conducting business, except that two
members of the Commission shall constitute a quorum for
purposes of receiving testimony.
(3) Vacancies.--Any vacancy on the Commission shall not
affect its powers, and shall be filled in the same manner in
which the original appointment was made.
(4) Quorum with vacancies.--If vacancies on the Commission
occur on any day after the date that is 45 days after the date
of the enactment of this Act, a quorum shall consist of a
majority of the members of the Commission as of such day.
(e) Actions of Commission.--
(1) In general.--The Commission shall act by resolution
agreed to by a majority of the members of the Commission voting
and present.
(2) Panels.--The Commission may establish panels composed
of less than the full membership of the Commission for purposes
of carrying out the duties of the Commission under this
section. The actions of any such panel shall be subject to the
review and control of the Commission. Any findings and
determinations made by such a panel shall not be considered to
be the findings and determinations of the Commission unless
approved by the Commission.
(3) Delegation.--Any member, agent, or staff member of the
Commission may, if authorized by the co-chairpersons of the
Commission, take any action that the Commission is authorized
to take pursuant to this section.
(f) Duties of Commission.--The duties of the Commission are as
follows:
(1) To define the core objectives and priorities of the
strategy described in subsection (a).
(2) To provide definitions of the terms ``grand strategy''
and ``stable international order'' as such terms relate to
United States national security interests and policy toward the
People's Republic of China.
(3) To recommend steps toward a stable international order
that includes the People's Republic of China that accounts for
the People's Republic of China's participation in that order.
(4) To consider the manner in which the United States and
the allies and partners of the United States cooperate and
compete with the People's Republic of China and to identify
areas for such cooperation and competition.
(5) To consider methods for recalibrating economic ties
with the People's Republic of China, and any necessary
modifications to such ties that may be undertaken by the United
States Government.
(6) To consider methods for recalibrating additional non-
economic ties with the People's Republic of China, and any
necessary modifications to such ties to be undertaken by the
United States Government, including research, political, and
security ties.
(7) To understand the linkages across multiple levels of
the Federal Government with respect to United States policy
toward the People's Republic of China.
(8) To seek to protect and strengthen global democracy and
democratic norms.
(9) To understand the history, culture, and goals of the
People's Republic of China and to consider the manner in which
the People's Republic of China defines and seeks to implement
its goals.
(10) To review--
(A) the strategies and intentions of the People's
Republic of China that affect United States national
and global interests;
(B) the purpose and efficacy of current programs
for the defense of the United States; and
(C) the capabilities of the Federal Government for
understanding whether, and the manner in which, the
People's Republic of China is currently being deterred
or thwarted in its aims and ambitions, including in
cyberspace.
(11) To detail and evaluate current United States policy
and strategic interests, including the pursuit of a free and
open Indo-Pacific region, with respect to the People's Republic
of China, and the manner in which United States policy affects
the policy of the People's Republic of China.
(12) To assess the manner in which the invasion of Ukraine
by the Russian Federation may have impacted the People's
Republic of China's calculations on an invasion of Taiwan and
the implications of such impact on the prospects for short-
term, medium-term, and long-term stability in the Taiwan
Strait.
(13) In evaluating options for such strategy, to consider
possible structures and authorities that need to be
established, revised, or augmented within the Federal
Government to maintain United States national security
interests in relation to policy toward the People's Republic of
China.
(g) Powers of Commission.--
(1) Hearings and evidence.--The Commission or, as delegated
by the co-chairpersons of the Commission, any panel or member
thereof, may, for the purpose of carrying out this section--
(A) hold such hearings and sit and act at such
times and places, take such testimony, receive such
evidence, and administer such oaths as the Commission,
or such designated panel or designated member,
considers necessary; and
(B) subject to paragraph (2), require, by subpoena
or otherwise, the attendance and testimony of such
witnesses and the production of such books, records,
correspondence, memoranda, papers, and documents, as
the Commission or such designated panel or designated
member considers necessary.
(2) Subpoenas.--
(A) In general.--Subpoenas may be issued under
paragraph (1)(B) under the signature of the co-
chairpersons of the Commission, and may be served by
any person designated by such co-chairpersons.
(B) Failure to comply.--The provisions of sections
102 through 104 of the Revised Statutes (2 U.S.C. 192-
194) shall apply in the case of any failure of a
witness to comply with any subpoena or to testify when
summoned under authority of this section.
(3) Contracts.--The Commission may, to such extent and in
such amounts as are provided in advance in appropriations Acts,
enter into contracts to enable the Commission to discharge its
duties under this section.
(4) Information from federal agencies.--
(A) In general.--The Commission may secure directly
from any executive department, agency, bureau, board,
commission, office, independent establishment, or
instrumentality of the Government information,
suggestions, estimates, and statistics for the purposes
of this section.
(B) Furnishing information.--Each such department,
agency, bureau, board, commission, office,
establishment, or instrumentality shall, to the extent
authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Commission, upon request made by a co-chairperson of
the Commission.
(C) Handling of classified information.--The
Commission shall handle and protect all classified
information provided to it under this section in
accordance with applicable law.
(5) Assistance from federal agencies.--
(A) Secretary of defense.--The Secretary of Defense
shall provide to the Commission, on a nonreimbursable
basis, such administrative services, funds, staff,
facilities, and other support services as are necessary
for the performance of the Commission's duties under
this section.
(B) Other departments and agencies.--Other Federal
departments and agencies may provide the Commission
such services, funds, facilities, staff, and other
support as such departments and agencies consider
advisable and as may be authorized by law.
(C) Cooperation.--The Commission shall receive the
full and timely cooperation of any official,
department, or agency of the Federal Government whose
assistance is necessary, as jointly determined by the
co-chairpersons of the Commission, for the fulfillment
of the duties of the Commission, including the
provision of full and current briefings and analyses.
(6) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as the departments and agencies of the Federal Government.
(7) Gifts.--A member or staff of the Commission may not
receive a gift or benefit by reason of the service of such
member or staff to the Commission.
(h) Staff and Compensation.--
(1) Staff.--
(A) Compensation.--The co-chairpersons of the
Commission, in accordance with rules agreed upon by the
Commission, shall appoint and fix the compensation of a
staff director and such other personnel as may be
necessary to enable the Commission to carry out its
duties, without regard to the provisions of title 5,
United States Code governing appointments in the
competitive service, and without regard to the
provisions of chapter 51 and subchapter III of chapter
53 of such title, relating to classification and
General Schedule pay rates, except that no rate of pay
fixed under this paragraph may exceed the equivalent of
that payable to a person occupying a position at level
V of the Executive Schedule under section 5316 of such
title.
(B) Detail of government employees.--A Federal
Government employee may be detailed to the Commission
without reimbursement, and such detail shall retain the
rights, status, and privileges of his or her regular
employment without interruption.
(2) Commission members.--
(A) Compensation.--
(i) In general.--Subject to clause (ii) and
except as provided in subparagraph (B), each
member of the Commission may be compensated at
a rate not to exceed the daily equivalent of
the annual rate of basic pay in effect for a
position at level IV of the Executive Schedule
under section 5315 of title 5, United States
Code, for each day during which the member is
engaged in the actual performance of the duties
of the Commission under this section.
(ii) Members of congress and federal
employees.--Members of the Commission who are
Members of Congress or officers or employees of
the Federal Government may not receive
additional pay by reason of their service on
the Commission.
(B) Travel expenses.--While away from their homes
or regular places of business in the performance of
services for the Commission, members of the Commission
may be allowed travel expenses, including per diem in
lieu of subsistence, in the same manner as persons
employed intermittently in Government service are
allowed expenses under section 5703 of title 5, United
States Code.
(3) Consultant services.--The Commission may procure the
services of experts and consultants in accordance with section
3109 of title 5, United States Code, but at rates not to exceed
the daily rate paid a person occupying a position at level IV
of the Executive Schedule under section 5315 of such title.
(4) Security clearances for commission members, staff, and
consultants.--
(A) In general.--The appropriate Federal agencies
or departments shall cooperate with the Commission in
expeditiously providing to Commission members, staff,
and consultants appropriate security clearances to the
extent possible pursuant to existing procedures and
requirements, except that no person shall be provided
access to classified information under this Act without
the appropriate security clearances.
(B) Expedited processing.--The Office of Senate
Security and the Office of House Security shall ensure
the expedited processing of appropriate security
clearances for personnel appointed to the Commission by
their respective Senate and House of Representatives
offices under processes developed for the clearance of
legislative branch employees.
(i) Treatment of Information Relating to National Security.--
(1) In general.--The Director of National Intelligence
shall assume responsibility for the handling and disposition of
any information related to the national security of the United
States that is received, considered, or used by the Commission
under this section.
(2) Approval required.--Information related to the national
security of the United States that is provided to the
Commission by the Select Committee on Intelligence of the
Senate, the Permanent Select Committee on Intelligence of the
House of Representatives, the Committee on Armed Services of
the Senate, or the Committee on Armed Services of the House of
Representatives may not be further provided or released without
the approval of the chairperson of such committee.
(3) Access after termination of commission.--
Notwithstanding any other provision of law, after the
termination of the Commission under subsection (k), only the
members and designated staff of the Select Committee on
Intelligence of the Senate and the Permanent Select Committee
on Intelligence of the House of Representatives, the Director
of National Intelligence (and the designees of the Director),
and such other officials of the executive branch as the
President may designate shall have access to information
related to the national security of the United States that is
received, considered, or used by the Commission.
(j) Report.--
(1) In general.--Not later than September 1, 2025, the
Commission shall submit to the appropriate committees of
Congress, the Assistant to the President for National Security
Affairs, the Secretary of State, the Secretary of Defense, the
Secretary of the Treasury, the Secretary of Commerce, and the
Director of National Intelligence a final report on the
findings and recommendations of the Commission.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form and shall include a classified
annex.
(k) Termination of Commission.--
(1) In general.--The Commission, and all the authorities of
this section, shall terminate at the end of the 120-day period
beginning on the date on which the final report is submitted
under subsection (j).
(2) Administrative activities before termination.--The
Commission may use the 120-day period referred to in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to Congress concerning the final report
required by subsection (j) and disseminating such report.
(l) Assessments of Final Report.--Not later than 60 days after the
date on which the final report required by subsection (j) is submitted,
the Secretary of State, the Secretary of Defense, the Secretary of the
Treasury, the Secretary of Commerce, and the Director of National
Intelligence shall each submit to the appropriate committees of
Congress an assessment of the final report that includes such comments
on the findings and recommendations contained in the final report as
the Director or Secretary, as applicable, considers appropriate.
(m) Inapplicability of Certain Administrative Provisions.--
(1) Federal advisory committee act.--The provisions of the
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Commission.
(2) Freedom of information act.--The provisions of section
552 of title 5, United States Code (commonly referred to as the
``Freedom of Information Act''), shall not apply to the
activities, records, and proceedings of the Commission under
this section.
(n) Authorization of Appropriations.--Of the amounts authorized to
be appropriated by this Act for fiscal year 2023 for the Department of
Defense, $5,000,000 shall be made available to carry out this section,
to remain available until the termination of the Commission.
(o) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Select Committee on Intelligence, the Committee on
Armed Services, the Committee on Appropriations, the Committee
on Commerce, Science, and Transportation, the Committee on
Homeland Security and Governmental Affairs, the Committee on
Foreign Relations, and the Committee on Finance of the Senate;
and
(2) the Permanent Select Committee on Intelligence, the
Committee on Armed Services, the Committee on Appropriations,
the Committee on Energy and Commerce, the Committee on Science,
Space, and Technology, the Committee on Homeland Security and
Governmental Affairs, the Committee on Foreign Affairs, and the
Committee on Financial Services of the House of
Representatives.
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