S.Amdt. 4818

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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