[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5919-S5921]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6396. 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) 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 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 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.

[[Page S5920]]

       (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.--

[[Page S5921]]

       (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.
                                 ______