[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).
                                 ______