Sec. 1687. CONGRESSIONAL COMMISSION ON THE STRATEGIC POSTURE OF THE UNITED STATES
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## SEC. 1687 CONGRESSIONAL COMMISSION ON THE STRATEGIC POSTURE OF THE UNITED STATES ###
(a)Establishment There is established in the legislative branch a commission to be known as the “Congressional Commission on the Strategic Posture of the United States” (in this section referred to as the “Commission”). The purpose of the Commission is to examine and make recommendations to the President and Congress with respect to the long-term strategic posture of the United States. ###
(b)Composition ####
(1)Membership The Commission shall be composed of 12 members appointed as follows: #####
(A)One by the Speaker of the House of Representatives. #####
(B)One by the minority leader of the House of Representatives. #####
(C)One by the majority leader of the Senate. #####
(D)One by the minority leader of the Senate. #####
(E)Two by the chairperson of the Committee on Armed Services of the House of Representatives. #####
(F)Two by the ranking minority member of the Committee on Armed Services of the House of Representatives. #####
(G)Two by the chairperson of the Committee on Armed Services of the Senate. #####
(H)Two by the ranking minority member of the Committee on Armed Services of the Senate. ####
(2)Qualifications #####
(A)In general The members appointed under paragraph
(1)shall be from among individuals who— ######
(i)are United States citizens; ######
(ii)are not officers or employees of the Federal Government (other than experts or consultants the services of which are procured under section 3109 of title 5, United States Code) or any State or local government; and ######
(iii)have received national recognition and have significant depth of experience in such professions as governmental service, law enforcement, the Armed Forces, law, public administration, intelligence gathering, commerce (including aviation matters), or foreign affairs. #####
(B)Political party affiliation Not more than six members of the Commission may be appointed from the same political party. ####
(3)Deadline for appointment #####
(A)In general All members of the Commission shall be appointed under paragraph
(1)not later than April 11, 2022. #####
(B)Effect of lack of appointments by appointment date If one or more appointments under paragraph
(1)is not made by the date specified in subparagraph (A)— ######
(i)the authority to make such appointment or appointments shall expire; and ######
(ii)the number of members of the Commission shall be reduced by the number of appointments not made by that date. ####
(4)Chairperson; vice chairperson #####
(A)Chairperson The chairpersons of the Committees on Armed Services of the Senate and the House of Representatives shall jointly designate one member of the Commission to serve as chairperson of the Commission. #####
(B)Vice chairperson The ranking minority members of the Committees on Armed Services of the Senate and the House of Representatives shall jointly designate one member of the Commission to serve as vice chairperson of the Commission. ####
(5)Activation #####
(A)In general The Commission— ######
(i)may begin operations under this section on the date on which not less than ⅔ of the members of the Commission have been appointed under paragraph (1); and ######
(ii)shall meet and begin the operations of the Commission as soon as practicable after the date described in clause (i). #####
(B)Subsequent meetings After its initial meeting, the Commission shall meet upon the call of the chairperson or a majority of its members. ####
(6)Quorum Eight members of the Commission shall constitute a quorum. ####
(7)Period of appointment; vacancies Members of the Commission shall be appointed for the life of the Commission. A vacancy in the Commission does not affect the powers of the Commission and shall (except as provided by paragraph (3)(B)) be filled in the same manner in which the original appointment was made. ####
(8)Removal of members #####
(A)In general A member of the Commission may be removed from the Commission for cause by the individual serving in the position responsible for the original appointment of the member under paragraph (1), provided that notice is first provided to that official of the cause for removal, and removal is voted and agreed upon by ¾ of the members of the Commission. #####
(B)Vacancies A vacancy created by the removal of a member of the Commission under subparagraph
(A)does not affect the powers of the Commission and shall be filled in the same manner in which the original appointment was made. ###
(c)Duties ####
(1)Review The Commission shall conduct a review of the strategic posture of the United States, including a strategic threat assessment and a detailed review of nuclear weapons policy, strategy, and force structure and factors affecting the strategic stability of near-peer competitors of the United States. ####
(2)Assessment and recommendations #####
(A)Assessment The Commission shall assess— ######
(i)the benefits and risks associated with the current strategic posture and nuclear weapons policies of the United States; ######
(ii)factors affecting strategic stability that relate to the strategic posture; and ######
(iii)lessons learned from the findings and conclusions of the Congressional Commission on the Strategic Posture of the United States established by section 1062 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 319) and other previous commissions and previous Nuclear Posture Reviews. #####
(B)Recommendations The Commission shall make recommendations with respect to— ######
(i)the most appropriate strategic posture; ######
(ii)the extent to which capabilities other than nuclear weapons can contribute to or detract from strategic stability; and ######
(iii)the most effective nuclear weapons strategy for strategic posture and stability. ###
(d)Report and Briefing Required ####
(1)In general Not later than February 28, 20233, the Commission shall submit to the President and the Committees on Armed Services of the Senate and the House of Representatives a report on the Commission’s findings, conclusions, and recommendations. 3Section 1057(d)(1) of division A of Public Law 117–263 attempts to amend paragraph
(1)by striking “December 31, 2022” and inserting “July 31, 2023”. Such amendment could not be carried out because the stricken matter does not appear in law. ####
(2)Elements The report required by paragraph
(1)shall include— #####
(A)the recommendations required by subsection (c)(2)(B); #####
(B)a description of the military capabilities and force structure necessary to support the nuclear weapons strategy recommended under that subsection, including nuclear, nonnuclear kinetic, and nonkinetic capabilities that might support the strategy, and other factors that might affect strategic stability; #####
(C)a description of the nuclear infrastructure (that is, the size of the nuclear complex) required to support the strategy and the appropriate organizational structure for the nuclear security enterprise; #####
(D)an assessment of the role of missile defenses in the strategy; #####
(E)an assessment of the role of cyber defense capabilities in the strategy; #####
(F)an assessment of the role of space systems in the strategy; #####
(G)an assessment of the role of nonproliferation programs in the strategy; #####
(H)an assessment of the role of nuclear arms control in the strategy; #####
(I)an assessment of the political and military implications of the strategy for the United States and its allies; and #####
(J)any other information or recommendations relating to the strategy (or to the strategic posture) that the Commission considers appropriate. ####
(3)Interim briefing Not later than one year after the deadline for appointment of members of the Commission specified in subsection (b)(3)(A), the Commission shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the status of the review, assessments, and recommendations required by subsection (c), including a discussion of any interim recommendations. ###
(e)Information From Federal Agencies ####
(1)In general The Commission may secure directly from the Department of Defense, the National Nuclear Security Administration, the Department of State, or the Office of the Director of National Intelligence information, suggestions, estimates, and statistics for the purposes of this section. Each of such agency shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon receiving a request made by— #####
(A)the chairperson of the Commission; #####
(B)the chairperson of any subcommittee of the Commission created by a majority of members of the Commission; or #####
(C)any member of the Commission designated by a majority of the Commission for purposes of making requests under this paragraph. ####
(2)Receipt, handling, storage, and dissemination Information, suggestions, estimates, and statistics provided to the Commission under paragraph
(1)may be received, handled, stored, and disseminated only by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. ###
(f)Assistance From Federal Agencies In addition to information, suggestions, estimates, and statistics provided under subsection (e), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as those departments and agencies may determine advisable and as may be authorized by law. ###
(g)Compensation and Travel Expenses ####
(1)Status as federal employees Notwithstanding the requirements of section 2105 of title 5, United States Code, including the requirements relating to supervision under subsection (a)(3) of such section, the members of the Commission shall be deemed to be Federal employees. ####
(2)Compensation Each member of the Commission may be compensated at 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 that member is engaged in the actual performance of the duties of the Commission. ####
(3)Travel expenses While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code. ###
(h)Staff ####
(1)Executive director 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. ####
(2)Pay The Executive Director appointed under paragraph
(1)may, with the approval of the Commission, 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. ###
(i)Personal Services ####
(1)Authority to procure The Commission may— #####
(A)procure the services of experts or consultants (or of organizations of experts or consultants) in accordance with the provisions of section 3109 of title 5, United States Code; and #####
(B)pay in connection with such services travel expenses of individuals, including transportation and per diem in lieu of subsistence, while such individuals are traveling from their homes or places of business to duty stations. ####
(2)Maximum daily pay rates The daily rate paid an expert or consultant procured pursuant to paragraph
(1)may not 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. ###
(j)Contracting Authority The Commission may acquire administrative supplies and equipment for Commission use to the extent funds are available. ###
(k)Authority to Accept Gifts ####
(1)In general 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 under this paragraph does not extend to gifts of money. ####
(2)Documentation; conflicts of interest The Commission shall document gifts accepted under the authority provided by paragraph
(1)and shall avoid conflicts of interest or the appearance of conflicts of interest. ####
(3)Compliance with congressional ethics rules Except as specifically provided in this section, a member of the Commission shall comply with rules set forth by the Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives governing employees of the Senate and the House of Representatives, respectively. ###
(l)Postal Services The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. ###
(m)Commission Support Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with a federally funded research and development center to provide appropriate staff and administrative support for the activities of the Commission. ###
(n)Expedition of Security Clearances 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 offices of the Senate and the House of Representatives, respectively, under processes developed for the clearance of legislative branch employees. ###
(o)Legislative Advisory Committee The Commission shall operate as a legislative advisory committee and shall not be subject to the provisions of the Federal Advisory Committee Act (5 U.S.C. App) or section 552b, United States Code (commonly known as the “Government in the Sunshine Act”). ###
(p)Funding Of the amounts authorized to be appropriated by this Act for fiscal year 2022 for the Department of Defense, up to $7,000,000 shall be made available to the Commission to carry out its duties under this section. Funds made available to the Commission under the preceding sentence shall remain available until expended. ###
(q)Termination ####
(1)In general The Commission, and all authorities under this section, shall terminate on the date that is 90 days after the Commission submits the final report required by subsection (d). ####
(2)Administrative actions before termination The Commission may use the 90-day period described in paragraph
(1)for the purpose of concluding its activities, including providing testimony to committees of Congress with respect to and disseminating the report required by subsection (d). # TITLE XVII TECHNICAL AMENDMENTS RELATED TO THE TRANSFER AND REORGANIZATION OF DEFENSE ACQUISITION STATUTES
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- Pub. L. 110-181
- 122 Stat. 319
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Sec. 1687
CONGRESSIONAL COMMISSION ON THE STRATEGIC POSTURE OF THE UNITED STATES
Pub. L.Pub. L. 110-181
Stat.122 Stat. 319
Cites 3Cited by 0 across 0 sources