II 117th CONGRESS 2d Session S. 5039 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. 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. (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 (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.