National Commission on United States Involvement in Afghanistan Act of 2021
Bill: H.R.5174 | Sponsor: Rep. Stefanik, Elise M. (R-NY)
Policy area: International Affairs

Summary:
National Commission on United States Involvement in Afghanistan Act of 2021
This bill establishes the independent National Commission on United States Involvement in Afghanistan. The commission shall assess and report on issues related to U.S. involvement in Afghanistan since 2001, specifically (1) U.S. strategic goals and interests and whether such goals were achieved, (2) U.S. assessments of the situation and whether those assessments were accurately communicated to policymakers and the public, (3) efforts by the United States and its allies to withdraw from Afghanistan, (4) U.S. efforts to evacuate U.S. citizens and Afghan allies, and (5) recommendations for corrective measures for future foreign policy endeavors.
The commission terminates 60 days after submitting its final report to Congress.

To establish the National Commission on United States Involvement in 
                  Afghanistan, and for other purposes.

    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 ``National Commission on United States 
Involvement in Afghanistan Act of 2021''.

SEC. 2. ESTABLISMENT.

    There is established in the executive branch an independent 
commission to be known as the National Commission on United States 
Involvement in Afghanistan (in this Act referred to as the 
``Commission''). The Commission shall be considered an independent 
establishment of the Federal Government as defined by section 104 of 
title 5, United States Code, and a temporary organization under section 
3161 of such title.

SEC. 3. PURPOSES.

    The purposes of the Commission are to--
            (1) examine and report on the involvement of the United 
        States in Afghanistan since 2001, including actions by the 
        United States Armed Forces, the intelligence community, and all 
        relevant Federal departments and agencies, and the efforts of 
        the United States with North Atlantic Treaty Organization 
        partners;
            (2) scrutinize the strategic goals and interests of the 
        United States in Afghanistan as they evolved, including 
        counterterrorism, stabilization objectives, and capacity-
        building efforts, and to determine the ability of the United 
        States to have achieved such goals and interests;
            (3) review the progress assessments of the United States 
        related to Afghanistan since 2001, and determine if such 
        assessments were accurately and sufficiently communicated to 
        policy makers and the American public;
            (4) fully examine the drawdown efforts of the United States 
        and its allies in Afghanistan, culminating in the 2021 
        withdrawal, including a full review and assessment of 
        diplomatic negotiations with the Taliban in Doha, Qatar, and 
        the degree of consultation and communication with North 
        Atlantic Treaty Organization allies and the Afghan government;
            (5) provide insight into the efforts of the United States 
        to evacuate citizens of the United States from Afghanistan, 
        administer the Special Immigration Visa program and provide 
        evacuation of Afghan allies, and conduct a full accounting and 
        inventory of military equipment, monies, and United States 
        Government assets left in Afghanistan; and
            (6) investigate and report to the President and Congress on 
        its findings, conclusions, and recommendations for corrective 
        measures to be taken to prevent future policy failures abroad.

SEC. 4. COMPOSITION OF COMMISSION.

    (a) Members.--The Commission shall be composed of 10 members, of 
whom--
            (1) 1 member shall be appointed by the President;
            (2) 2 members shall be appointed by leadership of the 
        Democratic Party in the Senate;
            (3) 2 members shall be appointed by leadership of the 
        Republican Party in the Senate;
            (4) 2 members shall be appointed by leadership of the 
        Democratic Party in the House of Representatives;
            (5) 2 members shall be appointed by leadership of the 
        Republican Party in the House of Representatives; and
            (6) 1 member shall be appointed by the Secretary of Defense 
        from the Special Inspector General for Afghanistan 
        Reconstruction who, to the extent practicable, shall be a 
        former agency executive, or former holder of a leadership 
        position with the Special Inspector General for Afghanistan 
        Reconstruction.
    (b) Leadership; Qualifications; Initial Meeting.--
            (1) Leadership.--Upon the first meeting of the Commission, 
        members shall designate, by majority vote, a chairperson and 
        vice chairperson from among the members of the Commission to 
        serve for the duration of the Commission.
            (2) Qualifications.--It is the sense of Congress that 
        individuals appointed to the Commission should be prominent 
        United States citizens with national recognition and 
        significant depth of experience in such professions as 
        governmental service, law enforcement, the Armed Forces, law, 
        public administration, intelligence gathering, foreign 
        assistance, and foreign affairs.
            (3) Political party affiliation.--To the extent 
        practicable, members of the Commission shall not be affiliated 
        with a major political party, with no more than 4 members being 
        from the same political party.
            (4) Nongovernmental appointees.--An individual appointed to 
        the Commission may not be an officer, employee, or elected 
        member of the Federal Government or an elected member of any 
        State or local government.
            (5) Deadline for appointment.--Each member of the 
        Commission shall be appointed by not later than 60 days after 
        the date of the enactment of this bill.
            (6) Initial meeting.--The Commission shall meet and begin 
        the operations of the Commission by not later than 90 days 
        after the date of the enactment of this Act.
    (c) Quorum; Vacancies.--After its initial meeting, the Commission 
shall meet upon the call of the chairperson or a majority of its 
members. Six members of the Commission shall constitute a quorum. Any 
vacancy in the Commission shall not affect its powers but shall be 
filled in the same manner in which the original appointment was made.

SEC. 5. FUNCTIONS OF COMMISSION.

    (a) In General.--The functions of the Commission are to carry out 
the following:
            (1) Investigate the relevant actions, decisions, and 
        policies made by the United States in Afghanistan after the 
        attacks of September 11, 2001, including decisions made by 
        presidential administrations, the United States Armed Forces, 
        the intelligence community, the Department of State, and other 
        relevant Federal departments and agencies, and United States 
        efforts made in conjunction with North Atlantic Treaty 
        Organization allies and partners.
            (2) Ascertain whether the objectives and goals of United 
        States policies in Afghanistan were executed effectively and 
        provide insight into policy and operational failures across the 
        Federal Government, including efforts made in coordination with 
        allies and partners of the United States.
            (3) Identify, review, and evaluate the structures, 
        coordination, and management of the policymaking of the Federal 
        Government related to Afghanistan since 2001.
            (4) Provide a full assessment of the United States and 
        allied drawdown efforts from Afghanistan, including the 2021 
        withdrawal, and review the advice provided by Federal agencies 
        to the President, as well as the decision-making process with 
        respect to the final withdrawal from Afghanistan.
            (5) Submit to the President and Congress such reports as 
        required by this Act, containing such findings, conclusions, 
        and recommendations as the Commission shall determine, 
        including proposing organization, coordination, planning, and 
        management corrections for the Federal Government as it relates 
        to foreign policy and national security decision making.
    (b) Scope of Investigation.--For purposes of subsection (a)(1), the 
term ``actions and decisions'' include actions and decisions relating 
to any of the following:
            (1) The President of the United States.
            (2) The National Security Council.
            (3) The United States Armed Forces.
            (4) The Department of Defense and its relevant agencies.
            (5) The intelligence community.
            (6) The Department of State and its relevant agencies.
            (7) Other Federal departments and agencies, as determined 
        appropriate by the Commission.

SEC. 6. POWERS OF THE COMMISSION.

    (a) Hearings and Evidence.--The Commission may, for purposes of 
carrying out this Act--
            (1) hold hearings, sit and act at times and places, take 
        testimony, receive evidence, and administer oaths; and
            (2) require, by subpoena or otherwise, the attendance and 
        testimony of witnesses and the production of books, records, 
        correspondence, memoranda, papers, and documents.
    (b) Subpoenas.--
            (1) Service.--Subpoenas issued under subsection (a)(2) may 
        be served by any person designated by the Commission.
            (2) Enforcement.--In the case of contumacy or failure to 
        obey a subpoena issued under subsection (a)(2), the United 
        States district court for the judicial district in which the 
        subpoenaed person resides, is served, or may be found, or where 
        the subpoena is returnable, may issue an order requiring such 
        person to appear at any designated place to testify or produce 
        documentary or other evidence. Any failure to obey the order of 
        the court may be punished by the court as a contempt of that 
        court.
    (c) Closed Meetings.--Notwithstanding any other provision of law 
that would require meetings of the Commission to be open to the public, 
any portion of a meeting of the Commission may be closed to the public 
if the Commission determines that such portion is likely to disclose 
matters that could endanger the national security of the United States.
    (d) Contracting.--The Commission may, to such extent and in such 
amounts as are provided in appropriation Acts, enter into contracts to 
enable the Commission to discharge its duties under this Act.
    (e) Information From Federal Agencies.--The Commission may secure 
directly from any department, agency, or instrumentality of the United 
States any information related to any inquiry of the Commission 
conducted under this Act. Each such department, agency, or 
instrumentality shall, to the extent authorized by law, furnish such 
information directly to the Commission upon request.
    (f) Assistance From Federal Agencies.--
            (1) General services administration.--The Administrator of 
        General Services shall provide to the Commission, on a 
        reimbursable basis, administrative support and other services 
        for the performance of the functions of the Commission.
            (2) Other departments and agencies.--In addition to the 
        assistance prescribed under paragraph (1), departments and 
        agencies of the United States are authorized to provide to the 
        Commission such services, funds, facilities, staff, and other 
        support services as they may determine advisable and as may be 
        authorized by law.
    (g) Gifts.--The Commission may, to such extent and in such amounts 
as are provided in appropriations Acts, accept, use, and dispose of 
gifts or donations of services or property.
    (h) Postal Service.--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.
    (i) Powers of Subcommittees, Members, and Agents.--Any 
subcommittee, member, or agent of the Commission may, if authorized by 
the Commission, take any action which the Commission is authorized to 
take by the section.
    (j) Staff.--
            (1) Director.--The Commission shall have a Director who 
        shall be appointed by the chairperson and the vice chairperson, 
        acting jointly.
            (2) Other staff.--The chairperson, in consultation with the 
        vice chairperson, may appoint additional personnel as may be 
        necessary to enable the Commission to carry out its functions.
            (3) Applicability of certain civil service laws.--The 
        Director and staff of the Commission may be appointed without 
        regard to the provisions of title 5, United States Code, 
        governing appointments in the competitive service, and may be 
        paid without regard to the provisions of chapter 51 and 
        subchapter III of chapter 53 of such title relating to 
        classification and General Schedule pay rates, except that no 
        rate of pay fixed under this subsection may exceed the 
        equivalent of that payable for a position at level V of the 
        Executive Schedule under section 5316 of title 5, United States 
        Code. Any individual appointed under paragraph (1) or (2) shall 
        be treated as an employee for purposes of chapters 63, 81, 83, 
        84, 85, 87, 89, and 90 of that title.
            (4) Detailees.--Any Federal Government employee may be 
        detailed to the Commission without reimbursement from the 
        Commission, and such detailee shall retain the rights, status, 
        and privileges of his or her regular employment without 
        interruption.
    (k) Consultant Services.--The Commission is authorized to procure 
the services of experts and consultants in accordance with section 3109 
of title 5, United States Code, but at rates not to 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.

SEC. 7. COMPENSATION AND TRAVEL EXPENSES.

    (a) Compensation.--Each member of the Commission may be compensated 
at a rate not to exceed the daily equivalent of the annual rate of 
basic pay in effect for a position at level V 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.
    (b) 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(b) of title 5, United States Code.

SEC. 8. SECURITY CLEARANCE FOR COMMISSION MEMBERS AND STAFF.

     The appropriate Federal departments and agencies shall cooperate 
with the Commission in expeditiously providing to the members and staff 
of the Commission appropriate security clearances in a manner 
consistent with existing procedures and requirements, except that no 
person shall be provided with access to classified information under 
this section who would not otherwise qualify for such security 
clearance.

SEC. 9. REPORTS OF THE COMMISSION; TERMINATION.

    (a) Initial Report.--Not later than one year after the date of the 
first meeting of the Commission, the Commission shall submit to the 
President and Congress an initial report containing such findings, 
conclusions, and recommendations for future corrective measures as have 
been agreed to by a majority of Commission members.
    (b) Final Report.--Not later than one year after the submission of 
the initial report of the Commission, the Commission shall submit to 
the President and Congress a final report containing such findings, 
conclusions, and recommendations for future corrective measures as have 
been agreed to by a majority of Commission members.
    (c) Form of Reports.--The reports required under subsections (a) 
and (b) shall each be submitted in unclassified form, but may contain a 
classified annex.
    (d) Termination.--
            (1) In general.--The Commission, and all the authorities of 
        this Act, shall terminate on the date that is 60 days after the 
        date on which the final report is submitted under subsection 
        (b).
            (2) Administrative activities before termination.--The 
        Commission may use the 60-day period referred to in paragraph 
        (1) for the purpose of concluding its activities, including 
        providing testimony to committees of Congress concerning its 
        reports and disseminating the final report.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

     There is authorized to be appropriated to the Commission to carry 
out this Act $20,000,000, which shall remain available until the 
termination of the Commission under section 9(d).
                                 <all>