110th CONGRESS
1st Session
H. R. 533
To establish the Commission on Iraqi Transition.
IN THE HOUSE OF REPRESENTATIVES
January 17, 2007
Mr. LYNCH introduced the following bill; which was referred to the Committee
on Foreign Affairs, 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 2007'.
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.
(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.
(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.
END
