[Congressional Record Volume 167, Number 201 (Thursday, November 18, 2021)]
[Senate]
[Pages S8510-S8511]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4818. Mr. BENNET submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of title XII, add the following:

              Subtitle H--Long Wars Commission Act of 2021

     SEC. 1291. SHORT TITLE.

       This subtitle may be cited as the ``Long Wars Commission 
     Act of 2021''.

     SEC. 1292. ESTABLISHMENT OF COMMISSION.

       (a) Establishment.--There is established the Long Wars 
     Commission (in this subtitle referred to as the 
     ``Commission'').
       (b) Membership.--
       (1) In general.--The Commission shall be composed of 12 
     members appointed as follows:
       (A) One member appointed by the chair of the Committee on 
     Armed Services of the Senate.
       (B) One member appointed by the ranking minority member of 
     the Committee on Armed Services of the Senate.
       (C) One member appointed by the chair of the Committee on 
     Foreign Relations of the Senate.
       (D) One member appointed by the ranking minority member of 
     the Committee on Foreign Relations of the Senate.
       (E) One member appointed by the chair of the Committee on 
     Armed Services of the House of Representatives.
       (F) One member appointed by the ranking minority member of 
     the Committee on Armed Services of the House of 
     Representatives.
       (G) One member appointed by the chair of the Committee on 
     Foreign Affairs of the House of Representatives.
       (H) One member appointed by the ranking minority member of 
     the Committee on Foreign Affairs of the House of 
     Representatives.
       (I) One member appointed by the chair of the Senate Select 
     Committee on Intelligence.
       (J) One member appointed by the ranking minority member of 
     the Senate Select Committee on Intelligence.
       (K) One member appointed by the chair of the House 
     Permanent Select Committee on Intelligence.
       (L) One member appointed by the ranking minority member of 
     the House Permanent Select Committee on Intelligence.
       (2) Date.--The appointments of the members of the 
     Commission shall be made not later than 90 days after the 
     date of enactment of this Act.
       (3) Prohibitions.--A member of the Commission appointed 
     under subparagraph (A) may not--
       (A) be a current member of Congress, or a former member of 
     Congress, who served in Congress after January 3, 2001;
       (B) have served in military or civilian positions having 
     significant operational or strategic decisionmaking 
     responsibilities for conducting United States Government 
     actions in Afghanistan during the applicable period; or
       (C) have been a party to any United States or coalition 
     defense contract during the applicable period.
       (c) Period of Appointment; Vacancies.--Members shall be 
     appointed for the life of the Commission. Any vacancy in the 
     Commission 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-chairs.
       (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-chairs.--
       (1) Designation by committee chairs.--The chair of the 
     Committee on Armed Services of the Senate, the chair of the 
     Committee on Foreign Relations of the Senate, the chair of 
     the Committee on Armed Services of the House of 
     Representatives, the chair of the Committee on Foreign 
     Affairs of the House of Representatives, the chair of the 
     Senate Select Committee on Intelligence, and the chair of the 
     House Permanent Select Committee on Intelligence shall 
     jointly designate one member of the Commission to serve as 
     co-chair of the Commission.
       (2) Designation by ranking minority members.--The ranking 
     minority member of the Committee on Armed Services of the 
     Senate, the ranking minority member of the Committee on 
     Foreign Relations of the Senate, the ranking minority member 
     of the Committee Armed Services of the House of 
     Representatives, and the ranking minority member of the 
     Committee on Foreign Affairs of the House of Representatives, 
     the ranking minority member of the Senate Select Committee on 
     Intelligence, and the ranking minority member of the House 
     Permanent Select Committee on Intelligence shall jointly 
     designate one member of the Commission to serve as co-chair 
     of the Commission.

     SEC. 1293. DUTIES.

       (a) Review.--The Commission shall review United States 
     involvement in the conflicts in Afghanistan and Iraq 
     beginning during the period prior to the September 11, 2001, 
     attacks and ending on September 1, 2022, including military 
     engagement, diplomatic engagement, training and advising of 
     local forces, reconstruction efforts, foreign assistance, 
     congressional oversight, and withdrawal in such conflicts.
       (b) Assessment and Recommendations.--The Commission shall--
       (1) conduct a comprehensive assessment of United States 
     involvement in the conflicts in Afghanistan and Iraq, 
     including--
       (A) United States military, diplomatic, and political 
     objectives in the conflicts, and the extent to which those 
     objectives were achievable;
       (B) an evaluation of the interagency decisionmaking 
     processes during the campaigns;
       (C) an evaluation of the United States military's conduct 
     during the campaigns and the extent to which its operational 
     approach compromised campaign progress;
       (D) any regional and geopolitical threats to the United 
     States resulting from the conflicts;
       (E) the extent to which initial United States national 
     objectives for the conflicts were met;
       (F) long-term impact on United States relations with allied 
     nations who participated in the Iraq and Afghanistan 
     conflicts;
       (G) the effectiveness of counterterrorism, 
     counterinsurgency, and security force assistance strategies 
     employed by the United States military;
       (H) the effect of United States involvement in the 
     conflicts on the readiness of the United States Armed Forces;
       (I) the effect of United States involvement in the 
     conflicts on civil-military relations in the United States;
       (J) the implications of the use of funds for overseas 
     contingency operations as a mechanism for funding United 
     States involvement in the conflicts; and
       (K) any other matters in connection with United States 
     involvement in the conflicts the Commission considers 
     appropriate;
       (2) identify circumstances in which a conflict presents a 
     significant likelihood of developing into an irregular or 
     civil war; and
       (3) develop recommendations based on the assessment, as 
     well as any other information the Commission considers 
     appropriate, for relevant questions to be asked during future 
     deliberations by Congress of an authorization for use of 
     military force in conflicts that have the potential to 
     develop into an irregular or civil war.
       (c) Report.--
       (1) Final report.--Not later than 2 years after the date of 
     the enactment of this Act, the Commission shall submit to the 
     President, the Secretary of Defense, the Committee on Armed 
     Services of the Senate, the Committee on Armed Services of 
     the House of Representatives, the Committee on Foreign 
     Relations of the Senate, the Committee on Foreign Affairs of 
     the House of Representatives, the Senate Select Committee on 
     Intelligence, and the House Permanent Select Committee on 
     Intelligence a report on the findings, conclusions, and 
     recommendations of the Commission under this section. The 
     report shall do each of the following:

[[Page S8511]]

       (A) Provide an assessment of the current security, 
     political, humanitarian, and economic situation in 
     Afghanistan and Iraq.
       (B) Provide lessons learned from United States involvement 
     in, and withdrawal from, the conflicts in Afghanistan and 
     Iraq.
       (C) Provide recommendations on questions to be asked during 
     future deliberations by Congress of an authorization for use 
     of military force in a conflict that has the potential to 
     develop into an irregular war.
       (D) Address any other matters with respect to United States 
     involvement in the conflicts in Afghanistan and Iraq that the 
     Commission considers appropriate.
       (E) Provide recommendations about United States instruments 
     of power, including the use of military force and nation-
     building, in future foreign policy engagements.
       (F) Provide recommendations about the need to foster any 
     new alliances necessary to future foreign policy engagements.
       (2) Interim briefing.--Not later than one year after the 
     date of the enactment of this Act, the Commission shall 
     provide to the committees of Congress and the officials 
     referred to in paragraph (1) a briefing on the status of its 
     review and assessment under subsection (b), together with a 
     discussion of any interim recommendations developed by the 
     Commission as of the date of the briefing.
       (3) Form of report.--The report submitted to Congress under 
     paragraph (1) shall be submitted in unclassified form. The 
     report shall also include a classified annex.

     SEC. 1294. 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 subtitle.
       (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 subtitle.
       (B) Furnishing information.--On request of the co-chairs 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 
     subtitle.
       (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.
       (e) Cooperation From United States Government.--
       (1) In general.--The Commission shall receive the full and 
     timely cooperation of the Secretary of Defense, the Secretary 
     of State, and the Director of National Intelligence in 
     providing the Commission with analyses, briefings, and other 
     information necessary for the discharge of the duties of the 
     Commission.
       (2) Liaison.--The Secretary of Defense, the Secretary of 
     State, and the Director of National Intelligence shall each 
     designate at least one officer or employee of their 
     respective organizations to serve as a liaison officer to the 
     Commission.

     SEC. 1295. 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 co-chairs 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 co-chairs of the 
     Commission shall give preference in such appointments to 
     individuals with significant professional experience in 
     national security, such as a position in the Department of 
     Defense, the Department of State, the intelligence community, 
     the United States Agency for International Development, or an 
     academic or scholarly institution.
       (3) Compensation.--The co-chairs 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 co-chairs 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 3 basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of that title.

     SEC. 1296. TERMINATION OF COMMISSION.

       The Commission shall terminate 90 days after the date on 
     which the Commission submits the report required under 
     section 1293(c).

     SEC. 1297. 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 subtitle.
       (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 1296.
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