II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. CHINA GRAND STRATEGY COMMISSION. 

2 (a) ESTABLISHMENT.—There is established a com3 mission, to be known as the ‘‘China Grand Strategy Com4 mission’’ (in this section referred to as the ‘‘Commis5 sion’’), to develop a consensus on a comprehensive grand 

6 strategy and whole-of-government approach with respect 

7 to the United States relationship with the People’s Repub8 lic of China for purposes of— 

9 (1) ensuring a holistic approach toward the 

10 People’s Republic of China across all Federal de11 partments and agencies; and 

12 (2) defining specific steps necessary to build a 

13 stable international order that accounts for the Peo14 ple’s Republic of China’s participation in that order; 

15 and 

16 (3) providing actionable recommendations with 

17 respect to the United States relationship with the 

18 People’s Republic of China, which are aimed at pro19 tecting and strengthening United States national se20 curity interests. 

21 (b) MEMBERSHIP.— 

22 (1) COMPOSITION.— 

23 (A) IN GENERAL.—The Commission shall 

24 be composed of the following members: 

25 (i) The Deputy National Security Ad26 visor. 


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1 (ii) The Deputy Secretary of Defense. 

2 (iii) The Deputy Secretary of State. 

3 (iv) The Deputy Secretary of the 

4 Treasury. 

5 (v) The Deputy Secretary of Com6 merce. 

7 (vi) The Principal Deputy Director of 

8 National Intelligence. 

9 (vii) Three members appointed by the 

10 majority leader of the Senate, in consulta11 tion with the chairperson of the Committee 

12 on Armed Services of the Senate, one of 

13 whom shall be a Member of the Senate and 

14 two of whom shall not be. 

15 (viii) Three members appointed by the 

16 minority leader of the Senate, in consulta17 tion with the ranking member of the Com18 mittee on Armed Services of the Senate, 

19 one of whom shall be a Member of the 

20 Senate and two of whom shall not be. 

21 (ix) Three members appointed by the 

22 Speaker of the House of Representatives, 

23 in consultation with the chairperson of the 

24 Committee on Armed Services of the 

25 House of Representatives, one of whom 


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1 shall be a Member of the House of Rep2 resentatives and two of whom shall not be. 

3 (x) Three members appointed by the 

4 minority leader of the House of Represent5 atives, in consultation with the ranking 

6 member of the Committee on Armed Serv7 ices of the House of Representatives, one 

8 of whom shall be a Member of the House 

9 of Representatives and two of whom shall 

10 not be. 

11 (B) QUALIFICATIONS.—The members de12 scribed in clauses (vii) through (x) of subpara13 graph (A) who are not Members of Congress 

14 shall be individuals who are nationally recog15 nized and have well-documented expertise, 

16 knowledge, or experience in— 

17 (i) the history, culture, economy, or 

18 national security policies of the People’s 

19 Republic of China; 

20 (ii) the United States economy; 

21 (iii) the use of intelligence information 

22 by national policymakers and military lead23 ers; 


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1 (iv) the implementation, funding, or 

2 oversight of the foreign and national secu3 rity policies of the United States; or 

4 (v) the implementation, funding, or 

5 oversight of economic and trade policies of 

6 the United States. 

7 (C) AVOIDANCE OF CONFLICTS OF INTER8 EST.—An official who appoints members of the 

9 Commission may not appoint an individual as a 

10 member of the Commission if such individual 

11 possesses any personal or financial interest in 

12 the discharge of any of the duties of the Com13 mission. 

14 (2) CO-CHAIRPERSONS.— 

15 (A) IN GENERAL.—The Commission shall 

16 have two co-chairpersons, selected from among 

17 the members of the Commission, of whom— 

18 (i) one co-chairperson shall be a mem19 ber of the Democratic Party; and 

20 (ii) one co-chairperson shall be a 

21 member of the Republican Party. 

22 (B) CONSENSUS.—The individuals selected 

23 to serve as the co-chairpersons of the Commis24 sion shall be jointly agreed upon by the Presi25 dent, the majority leader of the Senate, the miVerDate Sep 11 2014 23:05 Oct 14, 2022 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S5039.IS S5039

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1 nority leader of the Senate, the Speaker of the 

2 House of Representatives, and the minority 

3 leader of the House of Representatives. 

4 (c) APPOINTMENT; INITIAL MEETING.— 

5 (1) APPOINTMENT.—Members of the Commis6 sion shall be appointed not later than 45 days after 

7 the date of the enactment of this Act. 

8 (2) INITIAL MEETING.—The Commission shall 

9 hold its initial meeting on or before the date that is 

10 60 days after the date of the enactment of this Act. 

11 (d) MEETINGS; QUORUM; VACANCIES.— 

12 (1) IN GENERAL.—After its initial meeting, the 

13 Commission shall meet upon the call of the co-chair14 persons of the Commission. 

15 (2) QUORUM.—Ten members of the Commis16 sion shall constitute a quorum for purposes of con17 ducting business, except that two members of the 

18 Commission shall constitute a quorum for purposes 

19 of receiving testimony. 

20 (3) VACANCIES.—Any vacancy on the Commis21 sion shall not affect its powers, and shall be filled 

22 in the same manner in which the original appoint23 ment was made. 

24 (4) QUORUM WITH VACANCIES.—If vacancies 

25 on the Commission occur on any day after the date 


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1 that is 45 days after the date of the enactment of 

2 this Act, a quorum shall consist of a majority of the 

3 members of the Commission as of such day. 

4 (e) ACTIONS OF COMMISSION.— 

5 (1) IN GENERAL.—The Commission shall act by 

6 resolution agreed to by a majority of the members 

7 of the Commission voting and present. 

8 (2) PANELS.—The Commission may establish 

9 panels composed of less than the full membership of 

10 the Commission for purposes of carrying out the du11 ties of the Commission under this section. The ac12 tions of any such panel shall be subject to the review 

13 and control of the Commission. Any findings and de14 terminations made by such a panel shall not be con15 sidered to be the findings and determinations of the 

16 Commission unless approved by the Commission. 

17 (3) DELEGATION.—Any member, agent, or staff 

18 member of the Commission may, if authorized by the 

19 co-chairpersons of the Commission, take any action 

20 that the Commission is authorized to take pursuant 

21 to this section. 

22 (f) DUTIES OF COMMISSION.—The duties of the 

23 Commission are as follows: 

24 (1) To define the core objectives and priorities 

25 of the strategy described in subsection (a). 


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1 (2) To provide definitions of the terms ‘‘grand 

2 strategy’’ and ‘‘stable international order’’ as such 

3 terms relate to United States national security inter4 ests and policy toward the People’s Republic of 

5 China. 

6 (3) To recommend steps toward a stable inter7 national order that includes the People’s Republic of 

8 China that accounts for the People’s Republic of 

9 China’s participation in that order. 

10 (4) To consider the manner in which the United 

11 States and the allies and partners of the United 

12 States cooperate and compete with the People’s Re13 public of China and to identify areas for such co14 operation and competition. 

15 (5) To consider methods for recalibrating eco16 nomic ties with the People’s Republic of China, and 

17 any necessary modifications to such ties that may be 

18 undertaken by the United States Government. 

19 (6) To consider methods for recalibrating addi20 tional non-economic ties with the People’s Republic 

21 of China, and any necessary modifications to such 

22 ties to be undertaken by the United States Govern23 ment, including research, political, and security ties. 

24 (7) To understand the linkages across multiple 

25 levels of the Federal Government with respect to 


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1 United States policy toward the People’s Republic of 

2 China. 

3 (8) To seek to protect and strengthen global de4 mocracy and democratic norms. 

5 (9) To understand the history, culture, and 

6 goals of the People’s Republic of China and to con7 sider the manner in which the People’s Republic of 

8 China defines and seeks to implement its goals. 

9 (10) To review— 

10 (A) the strategies and intentions of the 

11 People’s Republic of China that affect United 

12 States national and global interests; 

13 (B) the purpose and efficacy of current 

14 programs for the defense of the United States; 

15 and 

16 (C) the capabilities of the Federal Govern17 ment for understanding whether, and the man18 ner in which, the People’s Republic of China is 

19 currently being deterred or thwarted in its aims 

20 and ambitions, including in cyberspace. 

21 (11) To detail and evaluate current United 

22 States policy and strategic interests, including the 

23 pursuit of a free and open Indo-Pacific region, with 

24 respect to the People’s Republic of China, and the 


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1 manner in which United States policy affects the 

2 policy of the People’s Republic of China. 

3 (12) To assess the manner in which the inva4 sion of Ukraine by the Russian Federation may have 

5 impacted the People’s Republic of China’s calcula6 tions on an invasion of Taiwan and the implications 

7 of such impact on the prospects for short-term, me8 dium-term, and long-term stability in the Taiwan 

9 Strait. 

10 (13) In evaluating options for such strategy, to 

11 consider possible structures and authorities that 

12 need to be established, revised, or augmented within 

13 the Federal Government to maintain United States 

14 national security interests in relation to policy to15 ward the People’s Republic of China. 

16 (g) POWERS OF COMMISSION.— 

17 (1) HEARINGS AND EVIDENCE.—The Commis18 sion or, as delegated by the co-chairpersons of the 

19 Commission, any panel or member thereof, may, for 

20 the purpose of carrying out this section— 

21 (A) hold such hearings and sit and act at 

22 such times and places, take such testimony, re23 ceive such evidence, and administer such oaths 

24 as the Commission, or such designated panel or 

25 designated member, considers necessary; and 


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1 (B) subject to paragraph (2), require, by 

2 subpoena or otherwise, the attendance and tes3 timony of such witnesses and the production of 

4 such books, records, correspondence, memo5 randa, papers, and documents, as the Commis6 sion or such designated panel or designated 

7 member considers necessary. 

8 (2) SUBPOENAS.— 

9 (A) IN GENERAL.—Subpoenas may be 

10 issued under paragraph (1)(B) under the signa11 ture of the co-chairpersons of the Commission, 

12 and may be served by any person designated by 

13 such co-chairpersons. 

14 (B) FAILURE TO COMPLY.—The provisions 

15 of sections 102 through 104 of the Revised 

16 Statutes (2 U.S.C. 192–194) shall apply in the 

17 case of any failure of a witness to comply with 

18 any subpoena or to testify when summoned 

19 under authority of this section. 

20 (3) CONTRACTS.—The Commission may, to 

21 such extent and in such amounts as are provided in 

22 advance in appropriations Acts, enter into contracts 

23 to enable the Commission to discharge its duties 

24 under this section. 

25 (4) INFORMATION FROM FEDERAL AGENCIES.— 


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1 (A) IN GENERAL.—The Commission may 

2 secure directly from any executive department, 

3 agency, bureau, board, commission, office, inde4 pendent establishment, or instrumentality of the 

5 Government information, suggestions, esti6 mates, and statistics for the purposes of this 

7 section. 

8 (B) FURNISHING INFORMATION.—Each 

9 such department, agency, bureau, board, com10 mission, office, establishment, or instrumen11 tality shall, to the extent authorized by law, fur12 nish such information, suggestions, estimates, 

13 and statistics directly to the Commission, upon 

14 request made by a co-chairperson of the Com15 mission. 

16 (C) HANDLING OF CLASSIFIED INFORMA17 TION.—The Commission shall handle and pro18 tect all classified information provided to it 

19 under this section in accordance with applicable 

20 law. 

21 (5) ASSISTANCE FROM FEDERAL AGENCIES.— 

22 (A) SECRETARY OF DEFENSE.—The Sec23 retary of Defense shall provide to the Commis24 sion, on a nonreimbursable basis, such adminis25 trative services, funds, staff, facilities, and 


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1 other support services as are necessary for the 

2 performance of the Commission’s duties under 

3 this section. 

4 (B) OTHER DEPARTMENTS AND AGEN5 CIES.—Other Federal departments and agencies 

6 may provide the Commission such services, 

7 funds, facilities, staff, and other support as 

8 such departments and agencies consider advis9 able and as may be authorized by law. 

10 (C) COOPERATION.—The Commission shall 

11 receive the full and timely cooperation of any 

12 official, department, or agency of the Federal 

13 Government whose assistance is necessary, as 

14 jointly determined by the co-chairpersons of the 

15 Commission, for the fulfillment of the duties of 

16 the Commission, including the provision of full 

17 and current briefings and analyses. 

18 (6) POSTAL SERVICES.—The Commission may 

19 use the United States mails in the same manner and 

20 under the same conditions as the departments and 

21 agencies of the Federal Government. 

22 (7) GIFTS.—A member or staff of the Commis23 sion may not receive a gift or benefit by reason of 

24 the service of such member or staff to the Commis25 sion. 


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1 (h) STAFF AND COMPENSATION.— 

2 (1) STAFF.— 

3 (A) COMPENSATION.—The co-chairpersons 

4 of the Commission, in accordance with rules 

5 agreed upon by the Commission, shall appoint 

6 and fix the compensation of a staff director and 

7 such other personnel as may be necessary to en8 able the Commission to carry out its duties, 

9 without regard to the provisions of title 5, 

10 United States Code governing appointments in 

11 the competitive service, and without regard to 

12 the provisions of chapter 51 and subchapter III 

13 of chapter 53 of such title, relating to classifica14 tion and General Schedule pay rates, except 

15 that no rate of pay fixed under this paragraph 

16 may exceed the equivalent of that payable to a 

17 person occupying a position at level V of the 

18 Executive Schedule under section 5316 of such 

19 title. 

20 (B) DETAIL OF GOVERNMENT EMPLOY21 EES.—A Federal Government employee may be 

22 detailed to the Commission without reimburse23 ment, and such detail shall retain the rights, 

24 status, and privileges of his or her regular em25 ployment without interruption. 


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1 (2) COMMISSION MEMBERS.— 

2 (A) COMPENSATION.— 

3 (i) IN GENERAL.—Subject to clause 

4 (ii) and except as provided in subpara5 graph (B), each member of the Commis6 sion may be compensated at a rate not to 

7 exceed the daily equivalent of the annual 

8 rate of basic pay in effect for a position at 

9 level IV of the Executive Schedule under 

10 section 5315 of title 5, United States 

11 Code, for each day during which the mem12 ber is engaged in the actual performance 

13 of the duties of the Commission under this 

14 section. 

15 (ii) MEMBERS OF CONGRESS AND

16 FEDERAL EMPLOYEES.—Members of the 

17 Commission who are Members of Congress 

18 or officers or employees of the Federal 

19 Government may not receive additional pay 

20 by reason of their service on the Commis21 sion. 

22 (B) TRAVEL EXPENSES.—While away from 

23 their homes or regular places of business in the 

24 performance of services for the Commission, 

25 members of the Commission may be allowed 


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1 travel expenses, including per diem in lieu of 

2 subsistence, in the same manner as persons em3 ployed intermittently in Government service are 

4 allowed expenses under section 5703 of title 5, 

5 United States Code. 

6 (3) CONSULTANT SERVICES.—The Commission 

7 may procure the services of experts and consultants 

8 in accordance with section 3109 of title 5, United 

9 States Code, but at rates not to exceed the daily rate 

10 paid a person occupying a position at level IV of the 

11 Executive Schedule under section 5315 of such title. 

12 (4) SECURITY CLEARANCES FOR COMMISSION

13 MEMBERS, STAFF, AND CONSULTANTS.— 

14 (A) IN GENERAL.—The appropriate Fed15 eral agencies or departments shall cooperate 

16 with the Commission in expeditiously providing 

17 to Commission members, staff, and consultants 

18 appropriate security clearances to the extent 

19 possible pursuant to existing procedures and re20 quirements, except that no person shall be pro21 vided access to classified information under this 

22 Act without the appropriate security clearances. 

23 (B) EXPEDITED PROCESSING.—The Office 

24 of Senate Security and the Office of House Se25 curity shall ensure the expedited processing of 


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1 appropriate security clearances for personnel 

2 appointed to the Commission by their respective 

3 Senate and House of Representatives offices 

4 under processes developed for the clearance of 

5 legislative branch employees. 

6 (i) TREATMENT OF INFORMATION RELATING TO NA7 TIONAL SECURITY.— 

8 (1) IN GENERAL.—The Director of National In9 telligence shall assume responsibility for the han10 dling and disposition of any information related to 

11 the national security of the United States that is re12 ceived, considered, or used by the Commission under 

13 this section. 

14 (2) APPROVAL REQUIRED.—Information related 

15 to the national security of the United States that is 

16 provided to the Commission by the Select Committee 

17 on Intelligence of the Senate, the Permanent Select 

18 Committee on Intelligence of the House of Rep19 resentatives, the Committee on Armed Services of 

20 the Senate, or the Committee on Armed Services of 

21 the House of Representatives may not be further 

22 provided or released without the approval of the 

23 chairperson of such committee. 

24 (3) ACCESS AFTER TERMINATION OF COMMIS25 SION.—Notwithstanding any other provision of law, 


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1 after the termination of the Commission under sub2 section (k), only the members and designated staff 

3 of the Select Committee on Intelligence of the Sen4 ate and the Permanent Select Committee on Intel5 ligence of the House of Representatives, the Director 

6 of National Intelligence (and the designees of the 

7 Director), and such other officials of the executive 

8 branch as the President may designate shall have 

9 access to information related to the national security 

10 of the United States that is received, considered, or 

11 used by the Commission. 

12 (j) REPORT.— 

13 (1) IN GENERAL.—Not later than September 1, 

14 2025, the Commission shall submit to the appro15 priate committees of Congress, the Assistant to the 

16 President for National Security Affairs, the Sec17 retary of State, the Secretary of Defense, the Sec18 retary of the Treasury, the Secretary of Commerce, 

19 and the Director of National Intelligence a final re20 port on the findings and recommendations of the 

21 Commission. 

22 (2) FORM.—The report required by paragraph 

23 (1) shall be submitted in unclassified form and shall 

24 include a classified annex. 

25 (k) TERMINATION OF COMMISSION.— 


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1 (1) IN GENERAL.—The Commission, and all the 

2 authorities of this section, shall terminate at the end 

3 of the 120-day period beginning on the date on 

4 which the final report is submitted under subsection 

5 (j). 

6 (2) ADMINISTRATIVE ACTIVITIES BEFORE TER7 MINATION.—The Commission may use the 120-day 

8 period referred to in paragraph (1) for the purpose 

9 of concluding its activities, including providing testi10 mony to Congress concerning the final report re11 quired by subsection (j) and disseminating such re12 port. 

13 (l) ASSESSMENTS OF FINAL REPORT.—Not later 

14 than 60 days after the date on which the final report re15 quired by subsection (j) is submitted, the Secretary of 

16 State, the Secretary of Defense, the Secretary of the 

17 Treasury, the Secretary of Commerce, and the Director 

18 of National Intelligence shall each submit to the appro19 priate committees of Congress an assessment of the final 

20 report that includes such comments on the findings and 

21 recommendations contained in the final report as the Di22 rector or Secretary, as applicable, considers appropriate. 

23 (m) INAPPLICABILITY OF CERTAIN ADMINISTRATIVE

24 PROVISIONS.— 


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1 (1) FEDERAL ADVISORY COMMITTEE ACT.—The 

2 provisions of the Federal Advisory Committee Act (5 

3 U.S.C. App.) shall not apply to the Commission. 

4 (2) FREEDOM OF INFORMATION ACT.—The pro5 visions of section 552 of title 5, United States Code 

6 (commonly referred to as the ‘‘Freedom of Informa7 tion Act’’), shall not apply to the activities, records, 

8 and proceedings of the Commission under this sec9 tion. 

10 (n) AUTHORIZATION OF APPROPRIATIONS.—Of the 

11 amounts authorized to be appropriated by this Act for fis12 cal year 2023 for the Department of Defense, $5,000,000 

13 shall be made available to carry out this section, to remain 

14 available until the termination of the Commission. 

15 (o) APPROPRIATE COMMITTEES OF CONGRESS DE16 FINED.—In this section, the term ‘‘appropriate commit17 tees of Congress’’ means— 

18 (1) the Select Committee on Intelligence, the 

19 Committee on Armed Services, the Committee on 

20 Appropriations, the Committee on Commerce, 

21 Science, and Transportation, the Committee on 

22 Homeland Security and Governmental Affairs, the 

23 Committee on Foreign Relations, and the Committee 

24 on Finance of the Senate; and 


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1 (2) the Permanent Select Committee on Intel2 ligence, the Committee on Armed Services, the Com3 mittee on Appropriations, the Committee on Energy 

4 and Commerce, the Committee on Science, Space, 

5 and Technology, the Committee on Homeland Secu6 rity and Governmental Affairs, the Committee on 

7 Foreign Affairs, and the Committee on Financial 

8 Services of the House of Representatives. 

Æ 


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