II 

117TH CONGRESS 

1ST SESSION S. 2922 

To establish a commission to study the war in Afghanistan. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 30, 2021 

Ms. DUCKWORTH (for herself, Ms. HIRONO, Ms. KLOBUCHAR, Ms. ROSEN, 

Mr. BLUMENTHAL, Mr. KING, Mrs. GILLIBRAND, Mr. BENNET, and Mrs. 

SHAHEEN) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations 

A BILL 

To establish a commission to study the war in Afghanistan. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Afghanistan War Com5 mission Act of 2021’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) APPLICABLE PERIOD.—The term ‘‘applica9 ble period’’ means the period beginning June 1, 

10 2001, and ending August 30, 2021. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 2922 IS

1 (2) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committee on Armed Services of 

5 the Senate; 

6 (B) the Committee on Foreign Relations of 

7 the Senate; 

8 (C) the Select Committee on Intelligence of 

9 the Senate; 

10 (D) the Committee on Armed Services of 

11 the House of Representatives; 

12 (E) the Committee on Foreign Affairs of 

13 the House of Representatives; and 

14 (F) the Permanent Select Committee on 

15 Intelligence of the House of Representatives. 

16 (3) INTELLIGENCE COMMUNITY.—The term 

17 ‘‘intelligence community’’ has the meaning given 

18 that term in section 3(4) of the National Security 

19 Act of 1947 (50 U.S.C. 3003(4)). 

20 SEC. 3. ESTABLISHMENT OF COMMISSION. 

21 (a) ESTABLISHMENT.—There is established the Af22 ghanistan War Commission (in this Act referred to as the 

23 ‘‘Commission’’). 

24 (b) MEMBERSHIP.— 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 2922 IS

1 (1) COMPOSITION.—The Commission shall be 

2 composed of 13 members of whom— 

3 (A) 1 shall be appointed by the President; 

4 (B) 1 shall be appointed by the Chairman 

5 of the Committee on Armed Services of the 

6 Senate; 

7 (C) 1 shall be appointed by the ranking 

8 member of the Committee on Armed Services of 

9 the Senate; 

10 (D) 1 shall be appointed by the Chairman 

11 of the Committee on Armed Services of the 

12 House of Representatives; 

13 (E) 1 shall be appointed by the ranking 

14 member of the Committee on Armed Services of 

15 the House of Representatives; 

16 (F) 1 shall be appointed by the Chairman 

17 of the Committee on Foreign Relations of the 

18 Senate; 

19 (G) 1 shall be appointed by the ranking 

20 member of the Committee on Foreign Relations 

21 of the Senate; 

22 (H) 1 shall be appointed by the Chairman 

23 of the Committee on Foreign Affairs of the 

24 House of Representatives; 


kjohnson on DSK79L0C42PROD with BILLS
4 

•S 2922 IS

1 (I) 1 shall be appointed by the ranking 

2 member of the Committee on Foreign Affairs of 

3 the House of Representatives; 

4 (J) 1 shall be appointed by the Chairman 

5 of the Select Committee on Intelligence of the 

6 Senate; 

7 (K) 1 shall be appointed by the ranking 

8 member of the Select Committee on Intelligence 

9 of the Senate; 

10 (L) 1 shall be appointed by the Chairman 

11 of the Permanent Select Committee on Intel12 ligence of the House of Representatives; and 

13 (M) 1 shall be appointed by the ranking 

14 member of the Permanent Select Committee on 

15 Intelligence of the House of Representatives. 

16 (2) QUALIFICATIONS.—It is the sense of Con17 gress that each member of the Commission ap18 pointed under paragraph (1) should have significant 

19 professional experience from a position in— 

20 (A) the Department of Defense; 

21 (B) the Department of State; 

22 (C) the intelligence community; or 

23 (D) the United States Agency for Inter24 national Development. 


kjohnson on DSK79L0C42PROD with BILLS
5 

•S 2922 IS

1 (3) PROHIBITIONS.—A member of the Commis2 sion appointed under paragraph (1) may not— 

3 (A) be a current or former member of Con4 gress; 

5 (B) have served in military or civilian posi6 tions having significant operational or strategic 

7 responsibilities in Afghanistan during the appli8 cable period; or 

9 (C) have been a party to any United States 

10 or coalition defense contract during the applica11 ble period. 

12 (4) DATE.—The appointments of the members 

13 of the Commission shall be made not later than 60 

14 days after the date of enactment of this Act. 

15 (c) PERIOD OF APPOINTMENT; VACANCIES.— 

16 (1) IN GENERAL.—A member of the Commis17 sion shall be appointed for the life of the Commis18 sion. 

19 (2) VACANCIES.—A vacancy in the Commis20 sion— 

21 (A) shall not affect the powers of the Com22 mission; and 

23 (B) shall be filled in the same manner as 

24 the original appointment. 

25 (d) MEETINGS.— 


kjohnson on DSK79L0C42PROD with BILLS
6 

•S 2922 IS

1 (1) INITIAL MEETING.—Not later than 30 days 

2 after the date on which all members of the Commis3 sion have been appointed, the Commission shall hold 

4 the first meeting of the Commission. 

5 (2) FREQUENCY.—The Commission shall meet 

6 at the call of the Chairperson. 

7 (3) QUORUM.—A majority of the members of 

8 the Commission shall constitute a quorum, but a 

9 lesser number of members may hold hearings. 

10 (e) CHAIRPERSON AND VICE CHAIRPERSON.—The 

11 Commission shall select a Chairperson and a Vice Chair12 person from among the members of the Commission. 

13 SEC. 4. PURPOSE OF COMMISSION. 

14 The purpose of the Commission is to examine the war 

15 in Afghanistan, create strategic and grand strategic les16 sons learned, and develop recommendations for the Gov17 ernment of the United States and future policymakers and 

18 senior military decision makers in the United States. 

19 SEC. 5. DUTIES OF COMMISSION. 

20 (a) STUDY.— 

21 (1) IN GENERAL.—The Commission shall con22 duct a thorough study of all matters relating to com23 bat operations, reconstruction and security force as24 sistance activities, intelligence operations, and diploVerDate Sep 11 2014 04:40 Oct 03, 2021 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2922.IS S2922

kjohnson on DSK79L0C42PROD with BILLS
7 

•S 2922 IS

1 matic activities of the United States pertaining to 

2 the war in Afghanistan. 

3 (2) MATTERS STUDIED.—The matters studied 

4 by the Commission shall include— 

5 (A) the activities and actions of the United 

6 States immediately prior to the attacks on Sep7 tember 11, 2001, and during the initial invasion 

8 of Afghanistan by the United States; 

9 (B) the resurgence of the Taliban during 

10 the applicable period; 

11 (C) the transition to security force assist12 ance and counter-terrorism operations in Af13 ghanistan; 

14 (D) peace negotiations involving the 

15 United States, the Islamic Republic of Afghani16 stan, and the Taliban; and 

17 (E) the withdrawal of the United States 

18 military from Afghanistan. 

19 (3) CONTENTS.—The study required under 

20 paragraph (1) shall include the following elements: 

21 (A) An analysis of the political and stra22 tegic decisions that influenced— 

23 (i) interactions of the Government of 

24 the United States with the Government of 

25 Afghanistan; 


kjohnson on DSK79L0C42PROD with BILLS
8 

•S 2922 IS

1 (ii) the strategic objectives of the war 

2 during the applicable period; 

3 (iii) the number of members of the 

4 Armed Services in Afghanistan during the 

5 applicable period; and 

6 (iv) measures of effectiveness used for 

7 measuring progress towards strategic ob8 jectives. 

9 (B) A statement addressing the military, 

10 diplomatic, and intelligence interactions of the 

11 United States with Pakistan during the applica12 ble period. 

13 (C) An examination of the participation in 

14 the war in Afghanistan by member states of the 

15 North Atlantic Treaty Organization. 

16 (D) An examination of the long-term im17 pact of the war in Afghanistan on government 

18 institutions in the United States. 

19 (E) A description of any other matters 

20 that the Commission determines significantly 

21 affected the conduct and the outcome of the 

22 war in Afghanistan. 

23 (F) Recommendations for legislation and 

24 administrative actions to address any mistakes 


kjohnson on DSK79L0C42PROD with BILLS
9 

•S 2922 IS

1 in the conduct of the war in Afghanistan identi2 fied by the Commission. 

3 (b) REPORT REQUIRED.— 

4 (1) IN GENERAL.— 

5 (A) ANNUAL REPORT.—Not later than 1 

6 year after the date of the initial meeting of the 

7 Commission, and annually thereafter, the Com8 mission shall submit to the appropriate congres9 sional committees a report describing the 

10 progress of the Commission. 

11 (B) FINAL REPORT.—Not later than 4 

12 years after the date of the initial meeting of the 

13 Commission, the Commission shall submit to 

14 the President and Congress a report that con15 tains a detailed statement of the findings and 

16 conclusions of the Commission, together with 

17 the recommendations of the Commission. 

18 (2) FORM.—The report required by paragraph 

19 (1)(B) shall be submitted and publicly released on a 

20 Government website in unclassified form but may 

21 contain a classified annex. 

22 SEC. 6. POWERS OF COMMISSION. 

23 (a) HEARINGS.—The Commission may hold such 

24 hearings, sit and act at such times and places, take such 


kjohnson on DSK79L0C42PROD with BILLS
10 

•S 2922 IS

1 testimony, and receive such evidence as the Commission 

2 considers advisable to carry out this Act. 

3 (b) ASSISTANCE FROM FEDERAL AGENCIES.— 

4 (1) INFORMATION.— 

5 (A) IN GENERAL.—The Commission may 

6 secure directly from a Federal department or 

7 agency such information as the Commission 

8 considers necessary to carry out this Act. 

9 (B) FURNISHING INFORMATION.—On re10 quest of the Chairperson of the Commission, 

11 the head of the department or agency shall ex12 peditiously furnish the information to the Com13 mission. 

14 (2) GENERAL SERVICES.—Upon the request of 

15 the Commission, the Administrator of General Serv16 ices shall provide to the Commission, on a reimburs17 able basis, the administrative support services and 

18 office space necessary for the Commission to carry 

19 out its purposes and functions under this Act. 

20 (c) POSTAL SERVICES.—The Commission may use 

21 the United States mails in the same manner and under 

22 the same conditions as other departments and agencies of 

23 the Federal Government. 

24 (d) GIFTS.—The Commission may accept, use, and 

25 dispose of gifts or donations of services or property. 


kjohnson on DSK79L0C42PROD with BILLS
11 

•S 2922 IS

1 SEC. 7. COMMISSION PERSONNEL MATTERS. 

2 (a) COMPENSATION OF MEMBERS.—A member of the 

3 Commission who is not an officer or employee of the Fed4 eral Government shall be compensated at a rate equal to 

5 the daily equivalent of the annual rate of basic pay pre6 scribed for level IV of the Executive Schedule under sec7 tion 5315 of title 5, United States Code, for each day (in8 cluding travel time) during which the member is engaged 

9 in the performance of the duties of the Commission. 

10 (b) TRAVEL EXPENSES.—A member of the Commis11 sion shall be allowed travel expenses, including per diem 

12 in lieu of subsistence, at rates authorized for employees 

13 of agencies under subchapter I of chapter 57 of title 5, 

14 United States Code, while away from their homes or reg15 ular places of business in the performance of services for 

16 the Commission. 

17 (c) STAFF.— 

18 (1) IN GENERAL.—The Chairperson, in con19 sultation with the Vice Chairperson of the Commis20 sion, may, without regard to the civil service laws 

21 (including regulations), appoint and terminate an ex22 ecutive director and such other additional personnel 

23 as may be necessary to enable the Commission to 

24 perform its duties, except that the employment of an 

25 executive director shall be subject to confirmation by 

26 the Commission. 


kjohnson on DSK79L0C42PROD with BILLS
12 

•S 2922 IS

1 (2) QUALIFICATIONS FOR PERSONNEL.—The 

2 Chairperson and the Vice Chairperson of the Com3 mission shall give preference in such appointments 

4 under paragraph (1) to individuals from academic 

5 backgrounds, and former military personnel should 

6 include representation from the reserve components. 

7 (3) COMPENSATION.—The Chairperson, in con8 sultation with the Vice Chairperson of the Commis9 sion, may fix the compensation of the executive di10 rector and other personnel without regard to chapter 

11 51 and subchapter III of chapter 53 of title 5, 

12 United States Code, relating to classification of posi13 tions and General Schedule pay rates, except that 

14 the rate of pay for the executive director and other 

15 personnel may not exceed the rate payable for level 

16 V of the Executive Schedule under section 5316 of 

17 that title. 

18 (d) DETAIL OF GOVERNMENT EMPLOYEES.—A Fed19 eral Government employee may be detailed to the Commis20 sion without reimbursement, and such detail shall be with21 out interruption or loss of civil service status or privilege. 

22 (e) PROCUREMENT OF TEMPORARY AND INTERMIT23 TENT SERVICES.—The Chairperson, in consultation with 

24 the Vice Chairperson of the Commission, may procure 

25 temporary and intermittent services under section 3109(b) 


kjohnson on DSK79L0C42PROD with BILLS
13 

•S 2922 IS

1 of title 5, United States Code, at rates for individuals that 

2 do not exceed the daily equivalent of the annual rate of 

3 basic pay prescribed for level V of the Executive Schedule 

4 under section 5316 of that title. 

5 SEC. 8. TERMINATION OF COMMISSION. 

6 The Commission shall terminate 90 days after the 

7 date on which the Commission submits the report required 

8 under section 5(b). 

9 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

10 (a) IN GENERAL.—There is authorized to be appro11 priated to the Commission such amounts as necessary to 

12 carry out activities under this Act. 

13 (b) AVAILABILITY.—Any sums appropriated under 

14 the authorization contained in this section shall remain 

15 available, without fiscal year limitation, until the date of 

16 the termination of the Commission under section 8. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS