[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5716 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5716

            To establish the Commission on Iraqi Transition.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 29, 2006

  Mr. Lynch introduced the following bill; which was referred to the 
Committee on International Relations, and in addition to the Committee 
 on Armed Services, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
            To establish the Commission on Iraqi Transition.

    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 ``Iraq Transition Act of 2006''.

SEC. 2. FINDINGS; DECLARATIONS OF POLICY.

    (a) Findings.--Congress makes the following findings:
            (1) The people of Iraq have made significant progress in 
        establishing the framework for a democratic government.
            (2) In an October 2005 referendum, the Iraqi people voted 
        to approve Iraq's Constitution, setting up an Islamic federal 
        democracy while strengthening the rights of women and 
        minorities in that country.
            (3) On December 15, 2005, Iraqis voted in the first multi-
        party elections in that country in 50 years.
            (4) The Iraqi parliament that emerged from the December 
        2005 elections includes representation across a broad cross 
        section of the population and has established affirmative 
        measures to include women and ethnic minorities in positions of 
        authority.
            (5) The Iraqi constitutional framework has allowed the 
        election of President Jalal Talabani and Prime Minister Nouri 
        Kamal al-Maliki to form Iraq's first democratically-elected 
        government in its history.
            (6) The Government of the United States has expended, 
        through the Iraq Relief and Reconstruction Fund (IRRF), 
        approximately 67 percent of the $20,912,000,000 in various 
        reconstruction efforts in Iraq.
            (7) In an effort to allow Iraqis to take over security 
        operations, approximately 265,000 Iraqi Security Forces (ISF) 
        have been trained, nearing the total force goal of 325,000 by 
        August 2007.
            (8) However, despite the emergence of a democratically-
        elected Iraqi Government, most civilian functions of that 
        government remain the responsibility of United States military 
        and Coalition military forces.
    (b) Declarations of Policy.--Congress makes the following 
declarations of policy:
            (1) While the military excellence with which Operation 
        Iraqi Freedom has been executed is to be congratulated, it is 
        in the best interests of the United States and the nation of 
        Iraq that the proper functions of government be transferred to 
        Iraqi control as soon as is practicable.
            (2) In order to have an orderly, deliberate, and 
        expeditious transition to Iraqi civilian control, the task of 
        doing so must be vested in a national commission which is 
        specifically empowered and authorized to monitor and assess 
        that transition and oversee that such transition is carried 
        out.
            (3) Congress acknowledges that there is successful 
        precedent for such a commission in comparable circumstances. At 
        the close of World War II, a national commission, composed of 
        three United States Senators, three Members of the House of 
        Representatives, and three Presidential appointees were 
        appointed and directed to oversee the transition of the 
        Philippines from United States military to local, civilian 
        control.
            (4) It is again the desire of Congress, as set forth in 
        this Act, to establish a national commission to undertake the 
        responsibility of overseeing the development of a plan and its 
        implementation to transition Iraq from United States military 
        control to Iraqi civilian control in an orderly, deliberate, 
        and expeditious manner.
            (5) Congress anticipates and expects that the United States 
        military will work in concert with and be an integral part of 
        the national commission.

SEC. 3. PURPOSE.

    It is the purpose of this Act to establish a national commission to 
develop plans for the orderly and expeditious transfer of power for 
Iraqi Government operations from United States military forces to the 
newly-elected Government of Iraq. The national commission shall seek 
the goals of empowering the newly-elected Government of Iraq and 
reducing reliance on United States military forces, while enabling the 
safe, prompt, and orderly return of such military forces to the United 
States, and further--
            (1) to facilitate a dialogue between members of the 
        commission, Iraqi leaders, and coalition and international 
        partners in furtherance of the purpose of this Act;
            (2) to report such findings, conclusions, and 
        recommendations as are consistent with the purpose of this Act; 
        and
            (3) to provide guidance and support for the expeditious 
        assumption of governmental responsibility by the newly-elected 
        and appointed Iraqi government officials as is consistent with 
        congressional oversight responsibilities regarding the proper 
        use of United States reconstruction assistance for Iraq.

SEC. 4. ESTABLISHMENT.

    There is established a commission to be known as the ``Commission 
on Iraqi Transition'' (in this Act referred to as the ``Commission'').

SEC. 5. MEMBERSHIP.

    (a) Number and Appointment.--
            (1) In general.--The Commission shall be composed of 21 
        members, as follows:
                    (A) Seven members appointed by the President, of 
                whom one shall be the Secretary of State (or the 
                Secretary's designee), one shall be the Secretary of 
                Defense (or the Secretary's designee), and one shall be 
                the Secretary of Commerce.
                    (B) Seven members appointed by the Speaker of the 
                House of Representatives and the minority leader of the 
                House of Representatives, of whom four shall be Members 
                of the House of Representatives from the majority party 
                and three shall be Members of the House of 
                Representatives from the minority party.
                    (C) Seven members appointed by the majority leader 
                of the Senate and the minority leader of the Senate, of 
                whom four shall be Members of the Senate from the 
                majority party and three shall be Members of the Senate 
                from the minority party.
            (2) Deadline.--Members of the Commission shall be appointed 
        not later than 60 days after the date of the enactment of this 
        Act.
    (b) Qualifications.--It is the sense of Congress that individuals 
appointed to the Commission shall be United States citizens, with 
significant depth of experience relevant to the goals of the 
Commission, including in the fields of public administration, finance, 
and management.
    (c) Meetings; Quorum; Majority; Vacancies.--
            (1) Meetings.--Not later than 30 days after the date on 
        which all members of the Commission have been appointed 
        pursuant to subsection (a), the Commission shall hold its first 
        meeting. After its initial meeting, the Commission shall meet 
        upon the call of the Chairperson or a majority of its members.
            (2) Quorum.--At least 11 members shall constitute a quorum 
        for the transaction of business provided a bipartisan 
        representation is present.
            (3) Majority.--At least 11 Members shall constitute a 
        majority of the Commission.
            (4) Vacancies.--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.
    (d) Chairperson.--The Chairperson of the Commission shall be 
elected by the members of the Commission

SEC. 6. DUTIES OF COMMISSION.

    (a) Study and Report.--The Commission shall study and report upon 
all issues relating to the orderly and expeditious transfer of power 
for Iraqi Government operations from United States military forces to 
the newly-elected Government of Iraq, particularly to the Prime 
Minister of Iraq, the President of Iraq, and the Iraqi Council of 
Representatives, including day-to-day operations of Iraqi ministries 
and departments, as have been established by the Iraqi Constitution and 
laws, including the Ministries of Agriculture, Capital Markets 
Institutions, Communications, Commission on Public Integrity, Culture, 
Defense, Displacement and Migration, Education, Electricity, 
Environment, Finance, Foreign Affairs, Health, Higher Educations, 
Housing and Construction, Humane Rights, Industry and Minerals, 
Interior, Property Claims Commission, Justice, Labor and Social 
Affairs, Municipalities and Public Works, Oil, Planning and 
Development, Private Sector Development, Science and Technology, Trade, 
Transportation, Water Resources, and Youth and Sports.
    (b) Promotion of Accountability and Other Goals.--In carrying out 
subsection (a), the Commission shall seek to promote the government-
wide management goals of accountability, effective management, 
efficiency and economy of operations, ethical conduct, and the merit-
based recruitment and compensation of a professional civil service for 
the Iraqi Government.

SEC. 7. POWERS OF COMMISSION.

    (a) Hearings; Subpoena Power.--
            (1) In general.--The Commission or, on the authority of the 
        Commission, any subcommittee or member thereof, may, for the 
        purpose of carrying out this Act--
                    (A) hold such hearings and sit and act at such 
                times and places, take such testimony, receive such 
                evidence, and administer such oaths as the Commission 
                considers appropriate; and
                    (B) require, by subpoena or otherwise, the 
                attendance and testimony of such witnesses and the 
                production of such books, records, correspondence, 
                memoranda, papers, and other documents, as the 
                Commission, or such designated subcommittee or 
                designated member thereof, is empowered to investigate 
                under this Act.
            (2) Service of subpoenas.--A subpoena issued pursuant to 
        paragraph (1)(B) may be issued under the signature of the 
        Chairperson of the Commission, the chairperson of any 
        designated subcommittee thereof, or any designated member 
        thereof, and may be served by any person designated by such 
        Chairperson, subcommittee chairperson, or member. The 
        provisions of sections 102 through 104 of the Revised Statutes 
        of the United States (2 U.S.C. 192-194) shall apply in the case 
        of any failure of any witness to comply with any subpoena or to 
        testify when summoned under authority of this section.
    (b) 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.
    (c) Information From Federal Agencies.--The Commission is 
authorized to secure directly from any executive department, bureau, 
agency, board, commission, office, independent establishment, or 
instrumentality of the Government information, suggestions, estimates, 
and statistics for the purposes of this Act. Each such department, 
bureau, agency, board, commission, office, independent establishment, 
or instrumentality shall, to the extent authorized by law, furnish such 
information, suggestions, estimates, and statistics directly to the 
Commission, upon request made by the Chairperson of the Commission.
    (d) Assistance From Federal Agencies.--
            (1) Department of state.--The Secretary of State is 
        authorized on a reimbursable or nonreimbursable basis to 
        provide the Commission with administrative services, funds, 
        facilities, staff, and other support services for the 
        performance of the Commission's duties under this Act.
            (2) General services administration.--The Administrator of 
        General Services shall provide to the Commission on a 
        reimbursable basis such administrative support services as the 
        Commission may request.
            (3) Other departments and agencies.--In addition to the 
        assistance set forth in paragraphs (1) and (2), departments and 
        agencies of the United States are authorized to provide to the 
        Commission such services, funds, facilities, staff, and other 
        support services as such departments and agencies may deem 
        advisable and as may be authorized by law.
    (e) Gifts.--The Commission may accept, use, and dispose of gifts or 
donations of services or property.
    (f) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as department 
and agencies of the United States.

SEC. 8. STAFF OF COMMISSION.

    (a) In General.--The Chairperson of the Commission, in accordance 
with rules agreed upon by the Commission, may appoint and fix the 
compensation of a staff director and such other personnel as may be 
necessary to enable the Commission to carry out its duties under this 
Act, without regard to the provisions of title 5, United States Code, 
governing appointments in the competitive service, and 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.
    (b) Detailees.--Any Federal Government employee may be detailed to 
the Commission without reimbursement for the Commission, and such 
detailee shall retain the rights, status, and privileges of his or her 
regular employment without interruption.
    (c) 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. 9. COMPENSATION AND TRAVEL EXPENSES.

    (a) Compensation.--
            (1) Rates of pay.--Each member of the Commission may be 
        compensated at not to exceed the daily equivalent of the annual 
        rate of basic pay in effect for a position at level IV 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.
            (2) Prohibition on compensation of federal employees.--
        Members of the Commission who are officers or employees of the 
        United States or Members of Congress may not receive additional 
        pay on account of their service on 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. 10. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.

    The appropriate Federal agencies or departments shall cooperate 
with the Commission in expeditiously providing to the Commission 
members and staff appropriate security clearances to the extent 
possible pursuant to existing procedures and requirements, except that 
no person shall be provided with access to classified information under 
this Act without the appropriate security clearances.

SEC. 11. REPORTS OF COMMISSION; CONGRESSIONAL RESPONSE; TERMINATION.

    (a) Initial Report.--Not later than 90 days after the date of its 
initial meeting, the Commission shall submit to the President and 
Congress a report that contains--
            (1) an assessment of any and all progress in the transfer 
        of governmental authority to the newly elected Iraqi 
        Government; and
            (2) such findings, conclusions, and recommendations, 
        approved by a majority of its members, as the Commission shall 
        determine to be consistent with the purpose of this Act.
    (b) Interim Reports.--The Commission may submit to the President 
and Congress interim reports containing such findings, conclusions, and 
recommendations as have been agreed to by a majority of Commission 
members.
    (c) Final Report.--By vote of a majority of its members, the 
Commission shall submit to the President and Congress a determination 
in its final report that all or substantially all of the governing 
authority has been transferred to the Iraqi Government.
    (d) Congressional Response.--
            (1) Hearings.--At any time following the receipt of the 
        initial report, interim reports, or final report of the 
        Commission under this section, the Committee on International 
        Relations of the House of Representatives and the Committee on 
        Foreign Relations of the Senate may initiate hearings to 
        consider the findings and recommendations of the report.
            (2) Legislation.--At any time following the receipt of the 
        initial report, interim reports, or final report of the 
        Commission under this section, Congress may give such findings, 
        conclusions, or recommendations legislative effect as it deems 
        appropriate.
    (e) Termination.--
            (1) In general.--The Commission, and all the authorities of 
        this Act, shall terminate no later than 90 days after the date 
        on which the final report is submitted under subsection (c).
            (2) Administrative activities before termination.--The 
        Commission may use the 90-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. 12. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated such sums 
as may be necessary to carry out this Act.
    (b) Availability.--Amounts appropriated pursuant to the 
authorization of appropriations under subsection (a) are authorized to 
remain available, without fiscal year limitation, until expended.
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