Afghanistan War Commission Act of 2021
Bill: S.2922 | Sponsor: Sen. Duckworth, Tammy (D-IL)
Policy area: International Affairs

Summary:
Afghanistan War Commission Act of 2021
This bill establishes the Afghanistan War Commission.
The commission must conduct a study of various matters related to the war in Afghanistan, including (1) U.S. actions immediately prior to the attacks on September 11, 2001; (2) U.S. actions during the invasion of Afghanistan; (3) peace negotiations involving the United States, the government of Afghanistan, and the Taliban; and (4) the U.S. military withdrawal from Afghanistan.
The commission must annually report to Congress on the progress of its study. Within four years of the commission's first meeting, it must submit to Congress and the President a final report with its findings, conclusions, and recommendations to address any mistakes in the conduct of the war.

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 Armed Services of the House of 
                Representatives;
                    (E) the Committee on Foreign Affairs of the House 
                of Representatives; and
                    (F) the Permanent Select Committee on Intelligence 
                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 the Afghanistan War 
Commission (in this Act referred to as the ``Commission'').
    (b) Membership.--
            (1) Composition.--The Commission shall be composed of 13 
        members of whom--
                    (A) 1 shall be appointed by the President;
                    (B) 1 shall be appointed by the Chairman of the 
                Committee on Armed Services of the Senate;
                    (C) 1 shall be appointed by the ranking member of 
                the Committee on Armed Services of the Senate;
                    (D) 1 shall be appointed by the Chairman of the 
                Committee on Armed Services of the House of 
                Representatives;
                    (E) 1 shall be appointed by the ranking member of 
                the Committee on Armed Services of the House of 
                Representatives;
                    (F) 1 shall be appointed by the Chairman of the 
                Committee on Foreign Relations of the Senate;
                    (G) 1 shall be appointed by the ranking member of 
                the Committee on Foreign Relations of the Senate;
                    (H) 1 shall be appointed by the Chairman of the 
                Committee on Foreign Affairs of the House of 
                Representatives;
                    (I) 1 shall be appointed by the ranking member of 
                the Committee on Foreign Affairs of the House of 
                Representatives;
                    (J) 1 shall be appointed by the Chairman of the 
                Select Committee on Intelligence of the Senate;
                    (K) 1 shall be appointed by the ranking member of 
                the Select Committee on Intelligence of the Senate;
                    (L) 1 shall be appointed by the Chairman of the 
                Permanent Select Committee on Intelligence of the House 
                of Representatives; and
                    (M) 1 shall be appointed by the ranking member of 
                the Permanent Select Committee on Intelligence 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 from a position in--
                    (A) the Department of Defense;
                    (B) the Department of State;
                    (C) the intelligence community; or
                    (D) the United States Agency for International 
                Development.
            (3) Prohibitions.--A member of the Commission appointed 
        under paragraph (1) may not--
                    (A) be a current or former member of Congress;
                    (B) have served in military or civilian positions 
                having significant operational or strategic 
                responsibilities in Afghanistan during the applicable 
                period; or
                    (C) have been a party to any United States or 
                coalition defense contract during the applicable 
                period.
            (4) Date.--The appointments of the members of the 
        Commission shall be made not later than 60 days after the date 
        of enactment of this Act.
    (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 Chairperson.
            (3) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum, but a lesser number of members may 
        hold hearings.
    (e) Chairperson and Vice Chairperson.--The Commission shall select 
a Chairperson and a Vice Chairperson from among the members of the 
Commission.

SEC. 4. PURPOSE OF COMMISSION.

     The purpose of the Commission is to examine the war in 
Afghanistan, create strategic and grand strategic lessons learned, and 
develop recommendations for the Government of the United States and 
future policymakers and senior military decision makers in the United 
States.

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 war in Afghanistan.
            (2) Matters studied.--The matters studied by the Commission 
        shall include--
                    (A) the activities and actions of the United States 
                immediately prior to the attacks on September 11, 2001, 
                and during the initial invasion of Afghanistan by the 
                United States;
                    (B) the resurgence of the Taliban during the 
                applicable period;
                    (C) the transition to security force assistance and 
                counter-terrorism operations in Afghanistan;
                    (D) peace negotiations involving the United States, 
                the Islamic Republic of Afghanistan, and the Taliban; 
                and
                    (E) the withdrawal of the United States military 
                from Afghanistan.
            (3) Contents.--The study required under paragraph (1) shall 
        include the following elements:
                    (A) An analysis of the political and strategic 
                decisions that influenced--
                            (i) interactions of the Government of the 
                        United States with the Government of 
                        Afghanistan;
                            (ii) the strategic objectives of the war 
                        during the applicable period;
                            (iii) the number of members of the Armed 
                        Services in Afghanistan during the applicable 
                        period; and
                            (iv) measures of effectiveness used for 
                        measuring progress towards strategic 
                        objectives.
                    (B) A statement addressing the military, 
                diplomatic, and intelligence interactions of the United 
                States with Pakistan during the applicable period.
                    (C) An examination of the participation in the war 
                in Afghanistan by member states of the North Atlantic 
                Treaty Organization.
                    (D) An examination of the long-term impact of the 
                war in Afghanistan on government institutions in the 
                United States.
                    (E) A description of any other matters that the 
                Commission determines significantly affected the 
                conduct and the outcome of the war in Afghanistan.
                    (F) Recommendations for legislation and 
                administrative actions to address any mistakes in the 
                conduct of the war in Afghanistan identified by the 
                Commission.
    (b) Report Required.--
            (1) In general.--
                    (A) Annual report.--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 Commission.
                    (B) Final report.--Not later than 4 years after the 
                date of the initial meeting of the Commission, the 
                Commission shall submit to the President and Congress a 
                report that contains a detailed statement of the 
                findings and conclusions of the Commission, together 
                with the recommendations of the Commission.
            (2) Form.--The report required by paragraph (1)(B) shall be 
        submitted and publicly released on a Government website in 
        unclassified form but may contain a classified annex.

SEC. 6. POWERS OF COMMISSION.

    (a) Hearings.--The Commission may hold such hearings, sit and act 
at such times and places, take such testimony, and receive such 
evidence as the Commission considers advisable to carry out 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.--On request of the 
                Chairperson of the Commission, the head of the 
                department or agency shall expeditiously furnish the 
                information to the Commission.
            (2) General services.--Upon the request of the Commission, 
        the Administrator of General Services shall provide to the 
        Commission, on a reimbursable basis, the administrative support 
        services and office space necessary for the Commission to carry 
        out its purposes and functions under this Act.
    (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 or property.

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) In general.--The Chairperson, in consultation with the 
        Vice Chairperson of the Commission, may, without regard to the 
        civil service laws (including regulations), appoint and 
        terminate an executive director and such other additional 
        personnel as may be necessary to enable the Commission to 
        perform its duties, except that the employment of an executive 
        director shall be subject to confirmation by the Commission.
            (2) Qualifications for personnel.--The Chairperson and the 
        Vice Chairperson of the Commission shall give preference in 
        such appointments under paragraph (1) to individuals from 
        academic backgrounds, and former military personnel should 
        include representation from the reserve components.
            (3) Compensation.--The Chairperson, in consultation with 
        the Vice Chairperson of the Commission, may fix the 
        compensation of the executive director and other personnel 
        without regard to chapter 51 and subchapter III of chapter 53 
        of title 5, United States Code, relating to classification of 
        positions and General Schedule pay rates, except that the rate 
        of pay for the executive director and other personnel may not 
        exceed the rate payable for level V of the Executive Schedule 
        under section 5316 of that title.
    (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 
Chairperson, in consultation with the Vice Chairperson 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).

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to the 
Commission such amounts as necessary to carry out activities under this 
Act.
    (b) Availability.--Any sums appropriated under the authorization 
contained in this section shall remain available, without fiscal year 
limitation, until the date of the termination of the Commission under 
section 8.
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