An Act

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled…

SEC. 1095. COMMISSION ON THE NATIONAL DEFENSE STRATEGY.

(a) Establishment.–

(1) In general.–There is hereby established, as of the date specified in paragraph (2), an independent commission in the legislative branch to be known as the Commission on the National Defense Strategy for the United States (in this subtitle referred to as the “Commission”).
(2) <<NOTE: Deadline.>> Date of establishment.–The date of establishment referred to in paragraph (1) is the date that is not later than 30 days after the date on which the Secretary of Defense provides a national defense strategy as required by section 113(g) of title 10, United States Code.

(b) Membership.–

(1) Number and appointment.–The Commission shall be composed of 8 members from private civilian life who are recognized experts in matters relating to the national security of the United States. The members shall be appointed as follows:

(A) The Majority Leader of the Senate shall appoint 1 member.
(B) The Minority Leader of the Senate shall appoint 1 member.
(C) The Speaker of the House of Representatives shall appoint 1 member.
(D) The Minority Leader of the House of Representatives shall appoint 1 member.
(E) The Chair of the Committee on Armed Services of the Senate shall appoint 1 member.
(F) The Ranking Member of the Committee on Armed Services of the Senate shall appoint 1 member.
(G) The Chair of the Committee on Armed Services of the House of Representatives shall appoint 1 member.
(H) The Ranking Member of the Committee on Armed Services of the House of Representatives shall appoint 1 member.

(2) Deadline for appointment.–Members shall be appointed to the Commission under paragraph (1) not later than 45 days after the Commission establishment date specified under subsection (a)(2).

(3) Effect of lack of appointment by appointment date <<NOTE: Expiration date.>> .–If one or more appointments under paragraph (1) is not made by the appointment date specified in paragraph (2), the authority to make such appointment or appointments shall expire, and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made.

(c) Chair and Vice Chair.–

(1) Chair.–The Chair of the Committee on Armed Services of the Senate and the Chair of the Committee on Armed Services of the House of Representatives, with the concurrence of the Majority Leader of the Senate and the Speaker of the House of Representatives, shall jointly designate 1 member of the Commission to serve as Chair of the Commission.

(2) Vice chair.–The Ranking Member of the Committee on Armed Services of the Senate and the Ranking Member of the Committee on Armed Services of the House of Representatives, with the concurrence of the Minority Leader of the Senate and the Minority Leader of the House of Representatives, shall jointly designate 1 member of the Commission to serve as Vice Chair of the Commission.

(d) Period of Appointment and Vacancies.–Members shall be appointed for the life of the Commission. A vacancy in the Commission shall not affect its powers, and shall be filled in the same manner as the original appointment was made.

(e) Purpose.–The purpose of the Commission is to examine and make recommendations with respect to the national defense strategy for the United States.

(f) Scope and Duties.–In order to provide the fullest understanding of the matters required under subsection (e), the Commission shall perform the following duties:

(1) National defense strategy review.–The Commission shall review the most recent national defense strategy of the United States including the assumptions, strategic objectives, priority missions, major investments in defense capabilities, force posture and structure, operational concepts, and strategic and military risks associated with the strategy.
(2) Assessment.–The Commission shall conduct a comprehensive assessment of the strategic environment to include the threats to the national security of the United States, including both traditional and non-traditional threats, the size and shape of the force, the readiness of the force, the posture, structure, and capabilities of the force, allocation of resources, and the strategic and military risks in order to provide recommendations on the national defense strategy for the United States.

(g) Commission Report and Recommendations.–

(1) Report.–Not later than one year [NOTE: Amended to read “two years; see below] after the Commission establishment date specified under subsection (a)(2), the Commission shall transmit to the President and Congress a report containing the review and assessment conducted under subsection (f), together with any recommendations of the Commission. The report shall include the following elements:

(A) <<NOTE: Appraisal.>> An appraisal of the strategic environment, including an examination of the traditional and non-traditional threats to the United States, and the potential for conflicts arising from such threats and security challenges.
(B) <<NOTE: Evaluation.>> An evaluation of the strategic objectives of the Department of Defense for near-peer competition in support of the national security interests of the United States.
(C) <<NOTE: Review.>> A review of the military missions for which the Department of Defense should prepare, including missions that support the interagency and a whole-of-government strategy.
(D) Identification of any gaps or redundancies in the roles and missions assigned to the Armed Forces necessary to carry out military missions identified in subparagraph (C), as well as the roles and capabilities provided by other Federal agencies and by allies and international partners.
(E) <<NOTE: Assessment.>> An assessment of how the national defense strategy leverages other elements of national power across the interagency to counter near- peer competitors.
(F) <<NOTE: Evaluation.>> An evaluation of the resources necessary to support the strategy, including budget recommendations.
(G) <<NOTE: Examination.>> An examination of the Department’s efforts to develop new and innovative operational concepts to enable the United States to more effectively counter near-peer competitors.
(H) <<NOTE: Analysis.>> An analysis of the force planning construct, including–

(i) the size and shape of the force;
(ii) the posture, structure, and capabilities of the force;
(iii) the readiness of the force;
(iv) infrastructure and organizational adjustments to the force;
(v) modifications to personnel requirements, including professional military education; and
(vi) other elements of the defense program necessary to support the strategy.

(I) <<NOTE: Assessment.>> An assessment of the risks associated with the strategy, including the relationships and tradeoffs between missions, risks, and resources.
(J) Any other elements the Commission considers appropriate.

(2) Interim briefings.–

(A) <<NOTE: Deadline.>> Not later than 180 days [NOTE: Amended to read “one year”; see below] after the Commission establishment date specified in subsection (a)(2), the Commission shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the status of its review and assessment to include a discussion of any interim recommendations.
(B) At the request of the Chair and Ranking Member of the Committee on Armed Services of the Senate, or the Chair and Ranking Member of the Committee on Armed Services of the House of Representatives, the Commission shall provide the requesting Committee with interim briefings in addition to the briefing required by subparagraph (2)(A).

(3) Form.–The report submitted to Congress under paragraph (1) of this subsection shall be submitted in unclassified form, but may include a classified annex.

(h) Government Cooperation.–

(1) Cooperation.–In carrying out its duties, the Commission shall receive the full and timely cooperation of the Secretary of Defense in providing the Commission with analysis, briefings, and other information necessary for the fulfillment of its responsibilities.
(2) Liaison.–The Secretary shall designate at least 1 officer or employee of the Department of Defense to serve as a liaison officer between the Department and the Commission.
(3) Detailees authorized.–The Secretary may provide, and the commission may accept and employ, personnel detailed from the Department of Defense, without reimbursement.
(4) Facilitation.–

(A) <<NOTE: Deadline.>> Independent, non-government institute.–Not later than 45 days after the Commission establishment date specified in subparagraph (a)(2), the Secretary of Defense shall make available to the Commission the services of an independent, non- governmental institute described in section 501(c)(3) of the Internal Revenue Code of 1986, and exempt from tax under section 501(a) of such Code, that has recognized credentials and expertise in national security and military affairs in order to facilitate the Commission’s discharge of its duties under this section.
(B) Federally funded research and development center.–On request of the Commission, the Secretary of Defense shall make available the services of a federally funded research and development center that is covered by a sponsoring agreement of the Department of Defense in order to enhance the Commission’s efforts to discharge its duties under this section.

(5) 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 their respective Senate and House offices under processes developed for the clearance of legislative branch employees.

(i) Staff.–

(1) 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.
(2) <<NOTE: Appointment.>> 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.
(3) Pay.–The Executive Director, with the approval 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.

(j) Personal Services.–

(1) <<NOTE: Contracts.>> 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 rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code.

(k) Authority to Accept 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. <<NOTE: Compliance.>> Subject to the authority in this section, commissioners shall otherwise comply with rules set forth by the Select Committee on Ethics of the United States Senate and the Committee on Ethics of the House of Representatives governing Senate and House employees.

(l) Funding.–Of the amounts authorized to be appropriated by this Act for fiscal year 2022 for the Department of Defense, up to $5,000,000 shall be made available to the Commission to carry out its duties under this subtitle. Funds made available to the Commission under the preceding sentence shall remain available until expended.

(m) 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 (Public Law 92-463; 5 U.S.C. App) or section 552b, United States Code (commonly known as the Government in the Sunshine Act).

(n) Contracting Authority.–The Commission may acquire administrative supplies and equipment for Commission use to the extent funds are available.

(o) Use of Government Information.–The Commission may secure directly from any department or agency of the Federal Government such information as the Commission considers necessary to carry out its duties. Upon such request of the chair of the Commission, the head of such department or agency shall furnish such information to the Commission.

(p) Postal Services.–The Commission may use the United States mail in the same manner and under the same conditions as departments and agencies of the United States.

(q) <<NOTE: Deadline. Consultation.>> Space for Use of Commission.–Not later than 30 days after the establishment date of the Commission, the Administrator of General Services, in consultation with the Commission, shall identify and make available suitable excess space within the Federal space inventory to house the operations of the Commission. If the Administrator is not able to make such suitable excess space available within such 30-day period, the Commission may lease space to the extent the funds are available.

(r) Removal of Members.–A member may be removed from the commission for cause by the individual serving in the position responsible for the original appointment of such member under subsection (b)(1), provided that notice has first been provided to such member of the cause for removal, voted and agreed upon by three quarters of the members serving. A vacancy created by the removal of a member under this section shall not affect the powers of the commission, and shall be filled in the same manner as the original appointment was made.

(s) Termination.–The Commission shall terminate 90 days after the date on which it submits the report required by subsection (g).

Relevant Provisions from the National Defense Authorization Act for Fiscal Year 2023:

SEC. 1050. DEPARTMENT OF DEFENSE SUPPORT FOR RECENTLY ENACTED COMMISSIONS.

(a) Assistance From Department of Defense.–At the request of a covered commission, the Secretary of Defense may provide to the covered commission, on a reimbursable basis, such services, funds, facilities, staff, and other support services as necessary for the performance of the functions of the commission. Amounts provided to a covered commission pursuant to this section may be provided from amounts appropriated for the Department of Defense, as provided in advance in appropriations Acts.

(b) Covered Commission Defined.–In this section, the term “covered commission” means a commission established pursuant to any of the following sections of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81):

(1) Section 1004 (Commission on Planning, Programming, Budgeting, and Execution Reform).
(2) section 1091 (National Security Commission on Emerging Biotechnology).
(3) section 1094 (Afghanistan War Commission).
(4) section 1095 (Commission on the National Defense Strategy).
(5) section 1687 (Congressional Commission on the Strategic Posture of the United States).

SEC. 1057. EXTENSION OF CERTAIN REPORTING DEADLINES.

(c) Commission on the National Defense Strategy.–Section 1095(g) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1945) is amended–

(1) in paragraph (1), by striking “one year after” and inserting “two years after”; and
(2) in paragraph (2), by striking “180 days after” and inserting “one year after”.