[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5769-S5771]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6252. Mr. MENENDEZ submitted an amendment intended to be proposed
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe)
and intended to be proposed to the bill H.R. 7900, to authorize
appropriations
[[Page S5770]]
for fiscal year 2023 for military activities of the Department of
Defense, for military construction, and for defense activities of the
Department of Energy, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle D of title XII, add the following:
SEC. 1254. CHINA NUCLEAR PEER COMMISSION.
(a) Short Title.--This section may be cited as the ``China
Nuclear Peer Commission Act of 2022''.
(b) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations, the Committee on
Armed Services, the Select Committee on Intelligence, and the
Committee on Appropriations of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Armed Services, the Permanent Select Committee on
Intelligence, and the Committee on Appropriations of the
House of Representatives.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003).
(c) Establishment.--There is established in the legislative
branch an independent commission to be known as the China
Nuclear Peer Commission (in this section referred to as the
``Commission'').
(d) Purpose.--The purpose of the Commission is to examine
and make recommendations with respect to the proper United
States diplomatic and military response to the rapid
modernization, diversification, and expansion of the nuclear
forces of the People's Republic of China.
(e) Membership.--
(1) Composition.--The Commission shall be composed of 16
members, of whom--
(A) one shall be appointed by the chairperson of the
Committee on Foreign Relations of the Senate;
(B) one shall be appointed by the ranking member of the
Committee on Foreign Relations of the Senate;
(C) one shall be appointed by the chairperson of the
Committee on Foreign Affairs of the House of Representatives;
(D) one shall be appointed by the ranking member of the
Committee on Foreign Affairs of the House of Representatives;
(E) one shall be appointed by the chairperson of the
Committee on Armed Services of the Senate;
(F) one shall be appointed by the ranking member of the
Committee on Armed Services of the Senate;
(G) one shall be appointed by the chairperson of the
Committee on Armed Services of the House of Representatives;
(H) one shall be appointed by the ranking member of the
Committee on Armed Services of the House of Representatives;
(I) one shall be appointed by the chairperson of the Select
Committee on Intelligence of the Senate;
(J) one shall be appointed by the vice chairperson of the
Select Committee on Intelligence of the Senate;
(K) one shall be appointed by the chairperson of the
Permanent Select Committee on Intelligence of the House of
Representatives;
(L) one shall be appointed by the ranking member of the
Permanent Select Committee on Intelligence of the House of
Representatives;
(M) one shall be appointed by the majority leader of the
Senate;
(N) one shall be appointed by the Speaker of the House of
Representatives; and
(O) one shall be appointed by the minority leader of the
House of Representatives.
(2) Qualifications.--It is the sense of Congress that each
member of the Commission should--
(A) have significant professional experience in national
security and nuclear policy, such as a position in--
(i) the Department of Defense;
(ii) the Department of State;
(iii) the intelligence community;
(iv) National Nuclear Security Administration; or
(v) an academic or scholarly institution; and
(B) be eligible to receive the appropriate security
clearance to effectively execute their duties.
(3) Prohibitions.--A member of the Commission may not be--
(A) a current Member of Congress;
(B) a former Member of Congress who served in Congress
after January 3, 2013; or
(C) a current or former registrant under the Foreign Agents
Registration Act of 1938 (22 U.S.C. 611 et seq.).
(4) Appointment.--
(A) In general.--The appointments of the members of the
Commission shall be made not later than 60 days after the
date of the enactment of this Act.
(B) Failure to make appointment.--If an appointment under
paragraph (1) is not made by the date described in
subparagraph (A)--
(i) the authority to make such appointment shall expire;
and
(ii) the number of members of the Commission shall be
reduced by the number equal to the number of appointments not
made.
(5) Period of appointment; vacancies.--
(A) In general.--A member of the Commission shall be
appointed for the life of the Commission.
(B) Vacancies.--A vacancy in the Commission--
(i) shall not affect the powers of the Commission; and
(ii) shall be filled in the same manner as the original
appointment.
(6) Co-chairpersons.--The co-chairpersons of the Commission
shall be selected by the leadership of the Senate and the
House of Representatives as follows:
(A) One co-chairperson shall be selected by the majority
leader of the Senate and the Speaker of the House of
Representatives from the members of the Commission appointed
by chairpersons of the appropriate committees of Congress,
the majority leader of the Senate, and the Speaker of the
House of Representatives.
(B) One co-chairperson shall be selected by the minority
leader of the Senate and the minority leader of the House of
Representatives from the members of the Commission appointed
by the ranking members of the appropriate committees of
Congress, the minority leader of the Senate, and the minority
leader of the House of Representatives.
(7) Meetings.--
(A) Initial meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed,
the Commission shall hold its first meeting.
(B) Frequency.--The Commission shall meet at the call of
the co-chairpersons.
(C) Quorum.--A majority of the members of the Commission
shall constitute a quorum but a lesser number of members may
hold hearings.
(f) Duties.--To provide the fullest understanding of the
proper United States diplomatic and military response to the
rapid modernization, diversification, and expansion of the
nuclear forces of the People's Republic of China, the duties
of the Commission shall be the following:
(1) To review national intelligence on current and
projected nuclear forces of the People's Republic of China,
including a review of--
(A) the most recent information and intelligence on efforts
by the People's Republic of China to modernize and expand its
nuclear forces; and
(B) any intelligence community assessment of the strategic
and tactical objectives behind the nuclear build-up by the
People's Republic of China.
(2) To meet with relevant United States Government
stakeholders to assess the efficacy of current United States
efforts to support the military and diplomatic responses of
allied and partner countries to the People's Republic of
China's expansion its nuclear forces, which stakeholders
shall include officials from--
(A) the Department of Defense;
(B) the Department of State;
(C) the Department of Energy;
(D) the Department of the Treasury;
(E) the intelligence agencies; and
(F) Congress.
(3) To meet with relevant allied and partner countries to
determine the manner in which the expansion by the People's
Republic of China of its nuclear forces impacts the military
force posture, diplomatic engagement, and national security
strategy of such countries.
(4) To meet with relevant experts associated with academic
or scholarly institutions.
(5) To conduct a comprehensive assessment, informed by the
review conducted under paragraph (1) and the meetings
conducted under paragraph (4), of--
(A) the strategic implications of the nuclear build-up by
the People's Republic of China, including threats to the
national security of the United States and to allies and
partners of the United States; and
(B) the motivations and domestic drivers for such nuclear
build-up; and
(C) the current and future posture, structure, and
capabilities of allied and partner countries with respect to
the ability of such countries to deter and, if necessary, to
respond to nuclear force by the People's Republic of China so
as to better inform recommendations on nuclear strategy and
arms control policy for the United States.
(g) Cooperation With Executive Branch.--
(1) Cooperation.--In carrying out its duties, the
Commission shall receive the full and timely cooperation of
the Secretary of State, the Secretary of Defense, the
Secretary of Energy, the Director of National Intelligence,
and any other United States Government official in providing
the Commission with analyses, briefings, and other
information necessary for the fulfillment of the
responsibilities of the Commission
(2) Liaison.--The Secretary of Defense, the Secretary of
Energy, the Secretary of State, and the Director of National
Intelligence shall each designate not fewer than one officer
or employee of the Department of Defense, the Department of
Energy, the Department of State, and the intelligence
community, respectively, to serve as a liaison officer
between the department or the intelligence community, as
applicable, and the Commission.
(h) Commission Report and Recommendations.--
(1) Report.--
(A) In general.--Not later than one year after the date of
the on which the Commission is established, the Commission
shall submit to the appropriate committees of Congress a
report containing the review and assessment conducted under
subsection (f),
[[Page S5771]]
together with any recommendations of the Commission.
(B) Elements.--The report required by subparagraph (A)
shall include the following:
(i) An evaluation of the impact of the People's Republic of
China's nuclear build-up on relevant allied and partner
country military force posture, diplomatic strategy, and
perceptions of United States deterrence.
(ii) An evaluation of the strategic objectives of the
United States Government for nuclear competition with near-
peer nuclear competitors in support of United States national
security interests.
(iii) An analysis of potential negotiations with the
objective of entering into bilateral or multilateral arms
control agreements that are legally binding or political
commitments, with the People's Republic of China, the Russian
Federation, or with both the People's Republic of China and
the Russian Federation, that would support United States
strategic objectives.
(iv) An analysis of the domestic drivers and motivations
for the People's Republic of China's nuclear force
modernization and the ways in which a more robust force
structure may impact the foreign policy of the People's
Republic of China.
(v) An analysis of anticipated responses by the Russian
Federation to the People's Republic of China's nuclear build-
up, particularly as such responses relate to the bilateral
relationship between the Russian Federation and the People's
Republic of China, military force posture of the Russian
Federation in the Indo-Pacific region, and arms control
negotiations with the United States.
(2) Form.--The report required by paragraph (1) shall be
submitted to the appropriate committees of Congress in
unclassified form, but may include a classified annex.
(3) Public availability.--The unclassified portion of the
report submitted under paragraph (1) shall be made available
to the public on an internet website of the Government.
(i) Powers of Commission.--
(1) Hearings.--The Commission may hold such hearings, take
such testimony, and receive such evidence as the Commission
considers necessary to carry out its purpose and functions
under this section.
(2) Assistance from federal agencies.--
(A) Information.--
(i) In general.--The Commission may secure directly from a
Federal department or agency such information as the
Commission considers necessary to carry out this section.
(ii) Furnishing information.--Upon receipt of a written
request by the co-chairpersons of the Commission, the head of
the department or agency shall expeditiously furnish the
information to the Commission.
(B) Space for commission.--
(i) In general.--Not later than 30 days after the date of
the enactment of this Act, the Architect of the Capitol, in
consultation with the Commission, shall identify suitable
space to house the operations of the Commission, which shall
include--
(I) a dedicated sensitive compartmented information
facility or access to a sensitive compartmented information
facility; and
(II) the ability to store classified documents.
(ii) Authority to lease.--If the Architect of the Capitol
is not able to identify space in accordance with clause (i)
within the 30-day period specified in that clause, the
Commission may lease space to the extent that funds are
available for such purpose.
(C) Compliance by intelligence community.--Elements of the
intelligence community shall respond to requests submitted
pursuant to paragraphs (1) and (2) of subsection (f) in a
manner consistent with the protection of intelligence sources
and methods.
(3) Postal services.--The Commission may use the United
States Postal Service in the same manner and under the same
conditions as other departments and agencies of the Federal
Government.
(4) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services, goods, and property from non-
Federal entities for the purposes of aiding and facilitating
the work of the Commission. The authority in this subsection
does not extend to gifts of money. Gifts accepted under this
authority shall be documented and conflicts of interest or
the appearance of conflicts of interest shall be avoided.
Subject to the authority in this section, commissioners shall
otherwise comply with rules set forth by the Select Committee
on Ethics of the Senate.
(5) Ethics.--
(A) In general.--The members and employees of the
Commission shall be subject to the ethical rules and
guidelines of the Senate.
(B) Reporting.--For purposes of title I of the Ethics in
Government Act of 1978 (5 U.S.C. App.), each member and
employee of the Commission--
(i) shall be deemed to be an officer or employee of the
Congress (as defined in section 109(13) of such title); and
(ii) shall file any report required to be filed by such
member or such employee (including by virtue of the
application of subsection (h)(1)) under title I of the Ethics
in Government Act of 1978 (5 U.S.C. App.), with the Secretary
of the Senate.
(j) Commission Personnel Matters.--
(1) Compensation of members.--A member of the Commission
who is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily equivalent
of the annual rate of basic pay prescribed for level IV of
the Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which the member is engaged in the performance of the duties
of the Commission.
(2) Travel expenses.--A member of the Commission shall 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 for the Commission.
(3) Staff.--
(A) Status as federal employees.--Notwithstanding the
requirements of section 2105 of title 5, United States Code,
including the required supervision under subsection (a)(3) of
such section, the members of the commission shall be deemed
to be Federal employees.
(B) Executive director.--The co-chairpersons of the
Commission shall appoint and fix the rate of basic pay for an
Executive Director in accordance with section 3161(d) of
title 5, United States Code.
(C) Pay.--The Executive Director, with the approval of the
co-chairpersons of the Commission, may appoint and fix the
rate of basic pay for additional personnel as staff of the
Commission in accordance with section 3161(d) of title 5,
United States Code.
(D) Security clearances.--All staff must have or be
eligible to receive the appropriate security clearance to
conduct their duties.
(4) Detail of government employees.--A Federal Government
employee, with the appropriate security clearance to conduct
their duties, may be detailed to the Commission without
reimbursement and such detail shall be without interruption
or loss of civil service status or privilege.
(5) Procurement of temporary and intermittent services.--
The co-chairpersons of the Commission may procure temporary
and intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals that do not
exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under
section 5316 of that title.
(6) Pay.--The pay of each employee of the Commission and
any member of the Commission who receives pay in accordance
with paragraph (1) shall be disbursed by the Secretary of the
Senate.
(k) Funding.--Of the amounts appropriated or otherwise made
available pursuant to this Act to the Department of State,
$7,000,000 shall be made available to fund the activities of
the Commission.
(l) Termination of Commission.--The Commission shall
terminate 90 days after the date on which the Commission
submits the report required under subsection (h)(1).
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