[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6014 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 6014
To establish a commission to study the war in Afghanistan.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 18, 2021
Mr. Kim of New Jersey (for himself and Mr. Meijer) introduced the
following bill; which was referred to the Committee on Foreign Affairs,
and in addition to the Committees on Armed Services, and Intelligence
(Permanent Select), for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish a commission to study the war in Afghanistan.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Afghanistan War Commission Act of
2021''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Applicable period.--The term ``applicable period''
means the period beginning June 1, 2001, and ending August 30,
2021.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services of the Senate;
(B) the Committee on Foreign Relations of the
Senate;
(C) the Select Committee on Intelligence of the
Senate;
(D) the Committee on Appropriations of the Senate;
(E) the Committee on Armed Services of the House of
Representatives;
(F) the Committee on Foreign Affairs of the House
of Representatives;
(G) the Permanent Select Committee on Intelligence
of the House of Representatives; and
(H) the Committee on Appropriations of the House of
Representatives.
(3) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established in the legislative branch
an independent commission to be known as the Afghanistan War Commission
(in this Act referred to as the ``Commission'').
(b) Membership.--
(1) Composition.--The Commission shall be composed of 16
members of whom--
(A) 1 shall be appointed by the Chairman of the
Committee on Armed Services of the Senate;
(B) 1 shall be appointed by the ranking member of
the Committee on Armed Services of the Senate;
(C) 1 shall be appointed by the Chairman of the
Committee on Armed Services of the House of
Representatives;
(D) 1 shall be appointed by the ranking member of
the Committee on Armed Services of the House of
Representatives;
(E) 1 shall be appointed by the Chairman of the
Committee on Foreign Relations of the Senate;
(F) 1 shall be appointed by the ranking member of
the Committee on Foreign Relations of the Senate;
(G) 1 shall be appointed by the Chairman of the
Committee on Foreign Affairs of the House of
Representatives;
(H) 1 shall be appointed by the ranking member of
the Committee on Foreign Affairs of the House of
Representatives;
(I) 1 shall be appointed by the Chairman of the
Select Committee on Intelligence of the Senate;
(J) 1 shall be appointed by the ranking member of
the Select Committee on Intelligence of the Senate;
(K) 1 shall be appointed by the Chairman of the
Permanent Select Committee on Intelligence of the House
of Representatives;
(L) 1 shall be appointed by the ranking member of
the Permanent Select Committee on Intelligence of the
House of Representatives;
(M) 1 shall be appointed by the majority leader of
the Senate;
(N) 1 shall be appointed by the minority leader of
the Senate;
(O) 1 shall be appointed by the Speaker of the
House of Representatives; and
(P) 1 shall be appointed by the Minority Leader of
the House of Representatives.
(2) Qualifications.--It is the sense of Congress that each
member of the Commission appointed under paragraph (1) should
have significant professional experience in national security,
such as a position in--
(A) the Department of Defense;
(B) the Department of State;
(C) the intelligence community;
(D) the United States Agency for International
Development; or
(E) an academic or scholarly institution.
(3) Prohibitions.--A member of the Commission appointed
under paragraph (1) may not--
(A) be a current member of Congress;
(B) be a former member of Congress who served in
Congress after January 3, 2001;
(C) be a current or former registrant under the
Foreign Agents Registration Act of 1938 (22 U.S.C. 611
et seq.);
(D) have previously investigated Afghanistan policy
or the war in Afghanistan through employment in the
office of a relevant inspector general;
(E) have been the sole owner or had a majority
stake in a company that held any United States or
coalition defense contract providing goods or services
to activities by the United States Government or
coalition in Afghanistan during the applicable period;
or
(F) have served, with direct involvement in actions
by the United States Government in Afghanistan during
the time the relevant official served, as--
(i) a cabinet secretary or national
security adviser to the President; or
(ii) a four-star flag officer, Under
Secretary, or more senior official in the
Department of Defense or the Department of
State.
(4) Date.--
(A) In general.--The appointments of the members of
the Commission shall be made not later than 60 days
after the date of enactment of this Act.
(B) Failure to make appointment.--If an appointment
under paragraph (1) is not made by the appointment date
specified in subparagraph (A)--
(i) the authority to make such appointment
shall expire; and
(ii) the number of members of the
Commission shall be reduced by the number equal
to the number of appointments not made.
(c) Period of Appointment; Vacancies.--
(1) In general.--A member of the Commission shall be
appointed for the life of the Commission.
(2) Vacancies.--A vacancy in the Commission--
(A) shall not affect the powers of the Commission;
and
(B) shall be filled in the same manner as the
original appointment.
(d) Meetings.--
(1) Initial meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed, the
Commission shall hold the first meeting of the Commission.
(2) Frequency.--The Commission shall meet at the call of
the Co-Chairpersons.
(3) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(e) Co-Chairpersons.--The Commission shall select, by a simple
majority vote--
(1) 1 Co-Chairperson from the members of the Commission
appointed by chairpersons of the appropriate congressional
committees; and
(2) 1 Co-Chairperson from the members of the Commission
appointed by the ranking members of the appropriate
congressional committees.
SEC. 4. PURPOSE OF COMMISSION.
The purpose of the Commission is--
(1) to examine the key strategic, diplomatic, and
operational decisions that pertain to the war in Afghanistan
during the relevant period, including decisions, assessments,
and events that preceded the war in Afghanistan; and
(2) to develop a series of lessons learned and
recommendations for the way forward that will inform future
decisions by Congress and policymakers throughout the United
States Government.
SEC. 5. DUTIES OF COMMISSION.
(a) Study.--
(1) In general.--The Commission shall conduct a thorough
study of all matters relating to combat operations,
reconstruction and security force assistance activities,
intelligence operations, and diplomatic activities of the
United States pertaining to the Afghanistan during the period
beginning September 1, 1996, and ending August 30, 2021.
(2) Matters studied.--The matters studied by the Commission
shall include--
(A) for the time period specified under paragraph
(1)--
(i) the policy objectives of the United
States Government, including--
(I) military objectives;
(II) diplomatic objectives;
(III) development objectives; and
(IV) intelligence objectives;
(ii) significant decisions made by the
United States, including the development of
options presented to policymakers;
(iii) the efficacy of efforts by the United
States Government in meeting the objectives
described in subsection (A), including an
analysis of--
(I) military efforts;
(II) diplomatic efforts;
(III) development efforts; and
(IV) intelligence efforts; and
(iv) the efficacy of counterterrorism
efforts against al Qaeda, the Islamic State
Khorasan Province, and other foreign terrorist
organizations in degrading the will and
capabilities of such organizations--
(I) to mount external attacks
against the United States mainland or
its allies and partners; or
(II) to threaten regional stability
in Afghanistan and neighboring
countries;
(B) the efficacy of metrics, measures of
effectiveness, and milestones used to assess progress
of diplomatic, military, and intelligence efforts;
(C) the efficacy of interagency planning and
execution process by the United States Government;
(D) factors that led to the collapse of the Afghan
National Defense Security Forces in 2021, including--
(i) training;
(ii) assessment methodologies;
(iii) building indigenous forces on western
models;
(iv) reliance on technology and logistics
support; and
(v) reliance on warfighting enablers
provided by the United States;
(E) the efficacy of counter-corruption efforts to
include linkages to diplomatic lines of effort,
linkages to foreign and security assistance, and
assessment methodologies;
(F) the efficacy of counter-narcotic efforts to
include alternative livelihoods, eradication,
interdiction, and education efforts;
(G) the role of countries neighboring Afghanistan
in contributing to the instability of Afghanistan; and
(H) varying diplomatic approaches between
Presidential administrations.
(b) Report Required.--
(1) In general.--
(A) Annual report.--
(i) In general.--Not later than 1 year
after the date of the initial meeting of the
Commission, and annually thereafter, the
Commission shall submit to the appropriate
congressional committees a report describing
the progress of the activities of the
Commission as of the date of such report,
including any findings, recommendations, or
lessons learned endorsed by the Commission.
(ii) Addenda.--Any member of the Commission
may submit an addendum to a report required
under clause (i) setting forth the separate
views of such member with respect to any matter
considered by the Commission.
(iii) Briefing.--On the date of the
submission of the first annual report, the
Commission shall brief Congress.
(B) Final report.--
(i) Submission.--Not later than 3 years
after the date of the initial meeting of the
Commission, the Commission shall submit to
Congress a report that contains a detailed
statement of the findings, recommendations, and
lessons learned endorsed by the Commission.
(ii) Addenda.--Any member of the Commission
may submit an addendum to the report required
under clause (i) setting forth the separate
views of such member with respect to any matter
considered by the Commission.
(iii) Extension.--The Commission may submit
the report required under clause (i) at a date
that is not more than 1 year later than the
date specified in such clause if agreed to by
the chairperson and ranking member of each of
the appropriate congressional committees.
(2) Form.--The report required by subsection (a)(2) shall
be submitted and publicly released on a Government website in
unclassified form but may contain a classified annex.
(3) Subsequent reports on declassification.--
(A) In general.--Not later than 4 years after the
date that the report required by paragraph (1)(B) is
submitted, each relevant agency of jurisdiction shall
submit to the committee of jurisdiction a report on the
efforts of such agency to declassify such annex.
(B) Contents.--Each report required by subparagraph
(A) shall include--
(i) a list of the items in the classified
annex that the agency is working to declassify
at the time of the report and an estimate of
the timeline for declassification of such
items;
(ii) a broad description of items in the
annex that the agency is declining to
declassify at the time of the report; and
(iii) any justification for withholding
declassification of certain items in the annex
and an estimate of the timeline for
declassification of such items.
SEC. 6. POWERS OF COMMISSION.
(a) 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 Act.
(b) Assistance From Federal Agencies.--
(1) Information.--
(A) In general.--The Commission may secure directly
from a Federal department or agency such information as
the Commission considers necessary to carry out this
Act.
(B) 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.
(2) Space for commission.--Not later than 30 days after the
date of the enactment of this Act, 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 of General Services is not able to make such
suitable excess space available within such 30-day period, the
Commission may lease space to the extent that funds are
available for such purpose.
(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(d) 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 section 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 Act, commissioners shall otherwise
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.
(e) 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).
SEC. 7. COMMISSION PERSONNEL MATTERS.
(a) 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.
(b) 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.
(c) 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) 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.
(d) Detail of Government Employees.--A Federal Government employee
may be detailed to the Commission without reimbursement, and such
detail shall be without interruption or loss of civil service status or
privilege.
(e) 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.
SEC. 8. TERMINATION OF COMMISSION.
The Commission shall terminate 90 days after the date on which the
Commission submits the report required under section 5(b)(1)(B).
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Of the funds appropriated to the legislative
branch, $3,000,000 from the Afghanistan Security Forces Fund may be
made available to carry out the activities of the Commission.
(b) Availability.--Any sums appropriated under the authorization
contained in this Act shall remain available, without fiscal year
limitation, until the date of the termination of the Commission under
section 8.
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