[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2677-S2679]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 546. Mr. KING (for himself, Mr. Cornyn, Mr. Kaine, Mr. Cramer, Mr.
Carper, Ms. Hirono, Mr. Tillis, Mr. Young, Mrs. Shaheen, Ms. Collins,
Mr. Blumenthal, Mr. Manchin, Ms. Rosen, Mr. Rounds, Ms. Murkowski, Mr.
Sullivan, Mrs. Fischer, and Mr. Fetterman) submitted an amendment
intended to be proposed by him to the bill S. 2226, to authorize
appropriations for fiscal year 2024 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. 1269. 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:
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(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
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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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