[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5039 Introduced in Senate (IS)]

<DOC>






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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