,i #aagth ,,congress #ast ,session ,h4 ,r4 #fjad ,,in ,,the ,,house ,,of ,,representatives ,november #ah1 #bjba ,mr4 ,kim of ,new ,jersey 7for himself and ,mr4 ,meijer7 introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs1 and in addition to the ,committees on ,armed ,services1 and ,intelligence 7,permanent ,select71 for a period to be subsequently determined by the ,speaker1 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 ,afghanistan4 #a4 ,short title ,this ,act may be cited as the ,afghanistan ,war ,commission ,act of #bjba4 #b4 ,definitions ,in this ,act3 7#a7 ,applicable period ,the term applicable period means the period beginning ,june #a1 #bjja1 and ending ,august #cj1 #bjba4 7#b7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,armed ,services of the ,senate2 7,b7 the ,committee on ,foreign ,relations of the ,senate2 7,c7 the ,select ,committee on ,intelligence of the ,senate2 7,d7 the ,committee on ,appropriations of the ,senate2 7,e7 the ,committee on ,armed ,services of the ,house of ,representatives2 7,f7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 7,g7 the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives2 and 7,h7 the ,committee on ,appropriations of the ,house of ,representatives4 7#c7 ,intelligence community ,the term intelligence community has the meaning given that term in section #c7d7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc7d774 #c4 ,establishment of ,commission 7a7 ,establishment ,there is established in the legislative branch an independent commission to be known as the ,afghanistan ,war ,commission 7in this ,act referred to as the ,commission74 7b7 ,membership 7#a7 ,composition ,the ,commission shall be composed of #af members of whom-- 7,a7 #a shall be appointed by the ,chairman of the ,committee on ,armed ,services of the ,senate2 7,b7 #a shall be appointed by the ranking member of the ,committee on ,armed ,services of the ,senate2 7,c7 #a shall be appointed by the ,chairman of the ,committee on ,armed ,services of the ,house of ,representatives2 7,d7 #a shall be appointed by the ranking member of the ,committee on ,armed ,services of the ,house of ,representatives2 7,e7 #a shall be appointed by the ,chairman of the ,committee on ,foreign ,relations of the ,senate2 7,f7 #a shall be appointed by the ranking member of the ,committee on ,foreign ,relations of the ,senate2 7,g7 #a shall be appointed by the ,chairman of the ,committee on ,foreign ,affairs of the ,house of ,representatives2 7,h7 #a shall be appointed by the ranking member of the ,committee on ,foreign ,affairs of the ,house of ,representatives2 7,i7 #a shall be appointed by the ,chairman of the ,select ,committee on ,intelligence of the ,senate2 7,j7 #a shall be appointed by the ranking member of the ,select ,committee on ,intelligence of the ,senate2 7,k7 #a shall be appointed by the ,chairman of the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives2 7,l7 #a shall be appointed by the ranking member of the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives2 7,m7 #a shall be appointed by the majority leader of the ,senate2 7,n7 #a shall be appointed by the minority leader of the ,senate2 7,o7 #a shall be appointed by the ,speaker of the ,house of ,representatives2 and 7,p7 #a shall be appointed by the ,minority ,leader of the ,house of ,representatives4 7#b7 ,qualifications ,it is the sense of ,congress that each member of the ,commission appointed under paragraph 7#a7 should have significant professional experience in national security1 such as a position in-- 7,a7 the ,department of ,defense2 7,b7 the ,department of ,state2 7,c7 the intelligence community2 7,d7 the ,united ,states ,agency for ,international ,development2 or 7,e7 an academic or scholarly institution4 7#c7 ,prohibitions ,a member of the ,commission appointed under paragraph 7#a7 may not-- 7,a7 be a current member of ,congress2 7,b7 be a former member of ,congress who served in ,congress after ,january #c1 #bjja2 7,c7 be a current or former registrant under the ,foreign ,agents ,registration ,act of #aich 7#bb ,u4,s4,c4 #faa et seq472 7,d7 have previously investigated ,afghanistan policy or the war in ,afghanistan through employment in the office of a relevant inspector general2 7,e7 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 period2 or 7,f7 have served1 with direct involvement in actions by the ,united ,states ,government in ,afghanistan during the time the relevant official served1 as-- 7i7 a cabinet secretary or national security adviser to the ,president2 or 7ii7 a four-star flag officer1 ,under ,secretary1 or more senior official in the ,department of ,defense or the ,department of ,state4 7#d7 ,date 7,a7 ,in general ,the appointments of the members of the ,commission shall be made not later than #fj days after the date of enactment of this ,act4 7,b7 ,failure to make appointment ,if an appointment under paragraph 7#a7 is not made by the appointment date specified in subparagraph 7,a7-- 7i7 the authority to make such appointment shall expire2 and 7ii7 the number of members of the ,commission shall be reduced by the number equal to the number of appointments not made4 7c7 ,period of appointment2 vacancies 7#a7 ,in general ,a member of the ,commission shall be appointed for the life of the ,commission4 7#b7 ,vacancies ,a vacancy in the ,commission-- 7,a7 shall not affect the powers of the ,commission2 and 7,b7 shall be filled in the same manner as the original appointment4 7d7 ,meetings 7#a7 ,initial meeting ,not later than #cj days after the date on which all members of the ,commission have been appointed1 the ,commission shall hold the first meeting of the ,commission4 7#b7 ,frequency ,the ,commission shall meet at the call of the ,co-,chairpersons4 7#c7 ,quorum ,a majority of the members of the ,commission shall constitute a quorum1 but a lesser number of members may hold hearings4 7e7 ,co-,chairpersons ,the ,commission shall select1 by a simple majority vote-- 7#a7 #a ,co-,chairperson from the members of the ,commission appointed by chairpersons of the appropriate congressional committees2 and 7#b7 #a ,co-,chairperson from the members of the ,commission appointed by the ranking members of the appropriate congressional committees4 #d4 ,purpose of ,commission ,the purpose of the ,commission is-- 7#a7 to examine the key strategic1 diplomatic1 and operational decisions that pertain to the war in ,afghanistan during the relevant period1 including decisions1 assessments1 and events that preceded the war in ,afghanistan2 and 7#b7 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 ,government4 #e4 ,duties of ,commission 7a7 ,study 7#a7 ,in general ,the ,commission shall conduct a thorough study of all matters relating to combat operations1 reconstruction and security force assistance activities1 intelligence operations1 and diplomatic activities of the ,united ,states pertaining to the ,afghanistan during the period beginning ,september #a1 #aiif1 and ending ,august #cj1 #bjba4 7#b7 ,matters ,studied ,the matters studied by the ,commission shall include-- 7,a7 for the time period specified under paragraph 7#a7-- 7i7 the policy objectives of the ,united ,states ,government1 including-- 7,i7 military objectives2 7,,ii7 diplomatic objectives2 7,,iii7 development objectives2 and 7,,iv7 intelligence objectives2 7ii7 significant decisions made by the ,united ,states1 including the development of options presented to policymakers2 7iii7 the efficacy of efforts by the ,united ,states ,government in meeting the objectives described in subsection 7,a71 including an analysis of-- 7,i7 military efforts2 7,,ii7 diplomatic efforts2 7,,iii7 development efforts2 and 7,,iv7 intelligence efforts2 and 7iv7 the efficacy of counterterrorism efforts against al ,qaeda1 the ,islamic ,state ,khorasan ,province1 and other foreign terrorist organizations in degrading the will and capabilities of such organizations-- 7,i7 to mount external attacks against the ,united ,states mainland or its allies and partners2 or 7,,ii7 to threaten regional stability in ,afghanistan and neighboring countries2 7,b7 the efficacy of metrics1 measures of effectiveness1 and milestones used to assess progress of diplomatic1 military1 and intelligence efforts2 7,c7 the efficacy of interagency planning and execution process by the ,united ,states ,government2 7,d7 factors that led to the collapse of the ,afghan ,national ,defense ,security ,forces in #bjba1 including-- 7i7 training2 7ii7 assessment methodologies2 7iii7 building indigenous forces on western models2 7iv7 reliance on technology and logistics support2 and 7v7 reliance on warfighting enablers provided by the ,united ,states2 7,e7 the efficacy of counter-corruption efforts to include linkages to diplomatic lines of effort1 linkages to foreign and security assistance1 and assessment methodologies2 7,f7 the efficacy of counter-narcotic efforts to include alternative livelihoods1 eradication1 interdiction1 and education efforts2 7,g7 the role of countries neighboring ,afghanistan in contributing to the instability of ,afghanistan2 and 7,h7 varying diplomatic approaches between ,presidential administrations4 7b7 ,report required 7#a7 ,in general 7,a7 ,annual report 7i7 ,in general ,not later than #a year after the date of the initial meeting of the ,commission1 and annually thereafter1 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 report1 including any findings1 recommendations1 or lessons learned endorsed by the ,commission4 7ii7 ,addenda ,any member of the ,commission may submit an addendum to a report required under clause 7i7 setting forth the separate views of such member with respect to any matter considered by the ,commission4 7iii7 ,briefing ,on the date of the submission of the first annual report1 the ,commission shall brief ,congress4 7,b7 ,final report 7i7 ,submission ,not later than #c years after the date of the initial meeting of the ,commission1 the ,commission shall submit to ,congress a report that contains a detailed statement of the findings1 recommendations1 and lessons learned endorsed by the ,commission4 7ii7 ,addenda ,any member of the ,commission may submit an addendum to the report required under clause 7i7 setting forth the separate views of such member with respect to any matter considered by the ,commission4 7iii7 ,extension ,the ,commission may submit the report required under clause 7i7 at a date that is not more than #a year later than the date specified in such clause if agreed to by the chairperson and ranking member of each of the appropriate congressional committees4 7#b7 ,form ,the report required by subsection 7a77#b7 shall be submitted and publicly released on a ,government website in unclassified form but may contain a classified annex4 7#c7 ,subsequent reports on declassification 7,a7 ,in general ,not later than #d years after the date that the report required by paragraph 7#a77;,b7 is submitted1 each relevant agency of jurisdiction shall submit to the committee of jurisdiction a report on the efforts of such agency to declassify such annex4 7,b7 ,contents ,each report required by subparagraph 7,a7 shall include-- 7i7 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 items2 7ii7 a broad description of items in the annex that the agency is declining to declassify at the time of the report2 and 7iii7 any justification for withholding declassification of certain items in the annex and an estimate of the timeline for declassification of such items4 #f4 ,powers of ,commission 7a7 ,hearings ,the ,commission may hold such hearings1 take such testimony1 and receive such evidence as the ,commission considers necessary to carry out its purpose and functions under this ,act4 7b7 ,assistance from ,federal agencies 7#a7 ,information 7,a7 ,in general ,the ,commission may secure directly from a ,federal department or agency such information as the ,commission considers necessary to carry out this ,act4 7,b7 ,furnishing information ,upon receipt of a written request by the ,co-,chairpersons of the ,commission1 the head of the department or agency shall expeditiously furnish the information to the ,commission4 7#b7 ,space for ,commission ,not later than #cj days after the date of the enactment of this ,act1 the ,administrator of ,general ,services1 in consultation with the ,commission1 shall identify and make available suitable excess space within the ,federal space inventory to house the operations of the ,commission4 ,if the ,administrator of ,general ,services is not able to make such suitable excess space available within such #cj-;day period1 the ,commission may lease space to the extent that funds are available for such purpose4 7c7 ,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 ,government4 7d7 ,gifts ,the ,commission may accept1 use1 and dispose of gifts or donations of services1 goods1 and property from non-,federal entities for the purposes of aiding and facilitating the work of the ,commission4 ,the authority in this section does not extend to gifts of money4 ,gifts accepted under this authority shall be documented1 and conflicts of interest or the appearance of conflicts of interest shall be avoided4 ,subject to the authority in this ,act1 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 ,representatives4 7e7 ,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 7,public ,law #ib-dfc2 #e ,u4,s4,c4 ,app7 or section #eeb;b1 ,united ,states ,code 7commonly known as the ,government in the ,sunshine ,act74 #g4 ,commission personnel matters 7a7 ,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 #ecae of title #e1 ,united ,states ,code1 for each day 7including travel time7 during which the member is engaged in the performance of the duties of the ,commission4 7b7 ,travel expenses ,a member of the ,commission shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of services for the ,commission4 7c7 ,staff 7#a7 ,status as federal employees ,notwithstanding the requirements of section #baje of title #e1 ,united ,states ,code1 including the required supervision under subsection 7a77#c7 of such section1 the members of the commission shall be deemed to be ,federal employees4 7#b7 ,executive director ,the ,commission shall appoint and fix the rate of basic pay for an ,executive ,director in accordance with section #cafa7;d7 of title #e1 ,united ,states ,code4 7#c7 ,pay ,the ,executive ,director1 with the approval of the ,commission1 may appoint and fix the rate of basic pay for additional personnel as staff of the ,commission in accordance with section #cafa7;d7 of title #e1 ,united ,states ,code4 7d7 ,detail of government employees ,a ,federal ,government employee may be detailed to the ,commission without reimbursement1 and such detail shall be without interruption or loss of civil service status or privilege4 7e7 ,procurement of temporary and intermittent services ,the ,co-,chairpersons of the ,commission may procure temporary and intermittent services under section #caji7;b7 of title #e1 ,united ,states ,code1 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 #ecaf of that title4 #h4 ,termination of ,commission ,the ,commission shall terminate #ij days after the date on which the ,commission submits the report required under section #e7;b77#a77;,b74 #i4 ,authorization of appropriations 7a7 ,in general ,of the funds appropriated to the legislative branch1 #c1jjj1jjj from the ,afghanistan ,security ,forces ,fund may be made available to carry out the activities of the ,commission4 7b7 ,availability ,any sums appropriated under the authorization contained in this ,act shall remain available1 without fiscal year limitation1 until the date of the termination of the ,commission under section #h4