Afghanistan War Commission Act of 2021
Bill: H.R.6014 | Sponsor: Rep. Kim, Andy (D-NJ)
Policy area: International Affairs

Summary:
Afghanistan War Commission Act of 2021
This bill establishes the independent Afghanistan War Commission within the legislative branch.
The commission must conduct a study of various matters related to U.S. operations and activities in Afghanistan, including (1) U.S. military, diplomatic, development and intelligence objectives from September 1, 1996, to August 30, 2021; (2) the efficacy of U.S. efforts to meet such objectives; (3) the factors that led to the collapse of the Afghan National Defense Security Forces in 2021; and (4) the efficacy of efforts to fight corruption.
The commission must annually report to Congress on the progress of its study. Within three years (with an extension of up to one year available) of the commission's first meeting, it must submit to Congress a final report with a detailed statement of findings, recommendations, and lessons learned.

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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