S.Amdt. 6252

1. Adds SEC. 1254. CHINA NUCLEAR PEER COMMISSION at the end of subtitle D of title XII

   Adds a section

   In S.Amdt. 5499 as proposed

   (2) modifies or deletes in any way the content of the project as a result of any direction from any entity of the Government of the People's Republic of China or the Chinese Communist Party.

   Inserted: SEC. 1254. CHINA NUCLEAR PEER COMMISSION.

   Inserted: (a) Short Title.--This section may be cited as the "China Nuclear Peer Commission Act of 2022".

   Inserted: (b) Definitions.--In this section:

   Inserted: (1) Appropriate committees of congress.--The term "appropriate committees of Congress" means--

   Inserted: (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

   Inserted: (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.

   Inserted: (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).

   Inserted: (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").

   Inserted: (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.

   Inserted: (e) Membership.--

   Inserted: (1) Composition.--The Commission shall be composed of 16 members, of whom--

   Inserted: (A) one shall be appointed by the chairperson of the Committee on Foreign Relations of the Senate;

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   Inserted: (B) one shall be appointed by the ranking member of the Committee on Foreign Relations of the Senate;

   Inserted: (C) one shall be appointed by the chairperson of the Committee on Foreign Affairs of the House of Representatives;

   Inserted: (D) one shall be appointed by the ranking member of the Committee on Foreign Affairs of the House of Representatives;

   Inserted: (E) one shall be appointed by the chairperson of the Committee on Armed Services of the Senate;

   Inserted: (F) one shall be appointed by the ranking member of the Committee on Armed Services of the Senate;

   Inserted: (G) one shall be appointed by the chairperson of the Committee on Armed Services of the House of Representatives;

   Inserted: (H) one shall be appointed by the ranking member of the Committee on Armed Services of the House of Representatives;

   Inserted: (I) one shall be appointed by the chairperson of the Select Committee on Intelligence of the Senate;

   Inserted: (J) one shall be appointed by the vice chairperson of the Select Committee on Intelligence of the Senate;

   Inserted: (K) one shall be appointed by the chairperson of the Permanent Select Committee on Intelligence of the House of Representatives;

   Inserted: (L) one shall be appointed by the ranking member of the Permanent Select Committee on Intelligence of the House of Representatives;

   Inserted: (M) one shall be appointed by the majority leader of the Senate;

   Inserted: (N) one shall be appointed by the Speaker of the House of Representatives; and

   Inserted: (O) one shall be appointed by the minority leader of the House of Representatives.

   Inserted: (2) Qualifications.--It is the sense of Congress that each member of the Commission should--

   Inserted: (A) have significant professional experience in national security and nuclear policy, such as a position in--

   Inserted: (i) the Department of Defense;

   Inserted: (ii) the Department of State;

   Inserted: (iii) the intelligence community;

   Inserted: (iv) National Nuclear Security Administration; or

   Inserted: (v) an academic or scholarly institution; and

   Inserted: (B) be eligible to receive the appropriate security clearance to effectively execute their duties.

   Inserted: (3) Prohibitions.--A member of the Commission may not be--

   Inserted: (A) a current Member of Congress;

   Inserted: (B) a former Member of Congress who served in Congress after January 3, 2013; or

   Inserted: (C) a current or former registrant under the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.).

   Inserted: (4) Appointment.--

   Inserted: (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.

   Inserted: (B) Failure to make appointment.--If an appointment under paragraph (1) is not made by the date described in subparagraph (A)--

   Inserted: (i) the authority to make such appointment shall expire; and

   Inserted: (ii) the number of members of the Commission shall be reduced by the number equal to the number of appointments not made.

   Inserted: (5) Period of appointment; vacancies.--

   Inserted: (A) In general.--A member of the Commission shall be appointed for the life of the Commission.

   Inserted: (B) Vacancies.--A vacancy in the Commission--

   Inserted: (i) shall not affect the powers of the Commission; and

   Inserted: (ii) shall be filled in the same manner as the original appointment.

   Inserted: (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:

   Inserted: (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.

   Inserted: (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.

   Inserted: (7) Meetings.--

   Inserted: (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.

   Inserted: (B) Frequency.--The Commission shall meet at the call of the co-chairpersons.

   Inserted: (C) Quorum.--A majority of the members of the Commission shall constitute a quorum but a lesser number of members may hold hearings.

   Inserted: (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:

   Inserted: (1) To review national intelligence on current and projected nuclear forces of the People's Republic of China, including a review of--

   Inserted: (A) the most recent information and intelligence on efforts by the People's Republic of China to modernize and expand its nuclear forces; and

   Inserted: (B) any intelligence community assessment of the strategic and tactical objectives behind the nuclear build-up by the People's Republic of China.

   Inserted: (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--

   Inserted: (A) the Department of Defense;

   Inserted: (B) the Department of State;

   Inserted: (C) the Department of Energy;

   Inserted: (D) the Department of the Treasury;

   Inserted: (E) the intelligence agencies; and

   Inserted: (F) Congress.

   Inserted: (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.

   Inserted: (4) To meet with relevant experts associated with academic or scholarly institutions.

   Inserted: (5) To conduct a comprehensive assessment, informed by the review conducted under paragraph (1) and the meetings conducted under paragraph (4), of--

   Inserted: (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

   Inserted: (B) the motivations and domestic drivers for such nuclear build-up; and

   Inserted: (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.

   Inserted: (g) Cooperation With Executive Branch.--

   Inserted: (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

   Inserted: (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.

   Inserted: (h) Commission Report and Recommendations.--

   Inserted: (1) Report.--

   Inserted: (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), together with any recommendations of the Commission.

   Inserted: (B) Elements.--The report required by subparagraph (A) shall include the following:

   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Inserted: (i) Powers of Commission.--

   Inserted: (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.

   Inserted: (2) Assistance from federal agencies.--

   Inserted: (A) Information.--

   Inserted: (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.

   Inserted: (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.

   Inserted: (B) Space for commission.--

   Inserted: (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--

   Inserted: (I) a dedicated sensitive compartmented information facility or access to a sensitive compartmented information facility; and

   Inserted: (II) the ability to store classified documents.

   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Inserted: (5) Ethics.--

   Inserted: (A) In general.--The members and employees of the Commission shall be subject to the ethical rules and guidelines of the Senate.

   Inserted: (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--

   Inserted: (i) shall be deemed to be an officer or employee of the Congress (as defined in section 109(13) of such title); and

   Inserted: (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.

   Inserted: (j) Commission Personnel Matters.--

   Inserted: (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.

   Inserted: (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.

   Inserted: (3) Staff.--

   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Inserted: (D) Security clearances.--All staff must have or be eligible to receive the appropriate security clearance to conduct their duties.

   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Inserted: (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).

   Original wording

   At the end of subtitle D of title XII, add the following:

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As printed