II 

117TH CONGRESS 

2D SESSION S. 3759 

To require verification of the personal and biometric information of all individuals evacuated from Afghanistan and in-person interviews of such individuals, prohibit Afghan evacuees who do not provide such information 

or submit to such interviews from receiving Federal assistance, and 

require the declassification of intelligence related to the withdrawal of 

the United States Armed Forces from Afghanistan. 

IN THE SENATE OF THE UNITED STATES 

MARCH 3, 2022 

Mr. HAWLEY introduced the following bill; which was read twice and referred 

to the Select Committee on Intelligence 

A BILL 

To require verification of the personal and biometric information of all individuals evacuated from Afghanistan and 

in-person interviews of such individuals, prohibit Afghan 

evacuees who do not provide such information or submit 

to such interviews from receiving Federal assistance, and 

require the declassification of intelligence related to the 

withdrawal of the United States Armed Forces from 

Afghanistan. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Afghanistan Vetting 

3 and Accountability Act of 2022’’. 

4 SEC. 2. VERIFICATION AND VETTING REQUIREMENTS WITH 

5 RESPECT TO INDIVIDUALS EVACUATED 

6 FROM AFGHANISTAN. 

7 (a) DEFINITIONS.—In this section: 

8 (1) FEDERAL MEANS-TESTED PUBLIC BEN9 EFIT.—The term ‘‘Federal means-tested public ben10 efit’’ means a Federal means-tested public benefit 

11 within the meaning of section 403 of the Personal 

12 Responsibility and Work Opportunity Reconciliation 

13 Act of 1996 (8 U.S.C. 1613). 

14 (2) INDIVIDUAL EVACUATED FROM AFGHANI15 STAN.—The term ‘‘individual evacuated from Af16 ghanistan’’— 

17 (A) means any individual, other than a 

18 United States citizen or a member of the 

19 United States Armed Forces, conveyed out of 

20 Afghanistan into the United States in coordina21 tion with the Government of the United States 

22 during the period beginning on January 20, 

23 2021, and ending on January 20, 2022; and 

24 (B) includes each individual, other than a 

25 United States citizen or a member of the 

26 United States Armed Forces, evacuated from 


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1 Afghanistan as part of Operation Allies Wel2 come. 

3 (3) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Homeland Security. 

5 (4) UNEMPLOYMENT COMPENSATION.—The 

6 term ‘‘unemployment compensation’’ has the mean7 ing given the term in section 85(b) of the Internal 

8 Revenue Code of 1986. 

9 (b) VERIFICATION AND VETTING REQUIREMENTS.— 

10 (1) IN GENERAL.—The Secretary shall verify 

11 the personal and biometric information and conduct 

12 in-person vetting of each individual evacuated from 

13 Afghanistan. 

14 (2) VETTING DATABASE.—The Secretary shall 

15 develop and maintain a database that contains, for 

16 each individual evacuated from Afghanistan, the fol17 lowing: 

18 (A) Personal information, including name 

19 and date of birth. 

20 (B) Biometric information. 

21 (C) Any criminal record since the date on 

22 which the individual entered the United States. 

23 (D) Any application for, or receipt of, un24 employment compensation or a Federal means25 tested public benefit. 


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1 (E) The vetting status of the individual, 

2 including whether the individual has undergone 

3 in-person vetting. 

4 (c) QUARTERLY REPORT.— 

5 (1) IN GENERAL.—Not less frequently than 

6 quarterly until the date on which the Secretary sub7 mits the certification under subsection (d), the Sec8 retary shall submit to Congress a report detailing 

9 the compliance of the Secretary with subsection (b). 

10 (2) ELEMENTS.—Each report required by para11 graph (1) shall include the following: 

12 (A) A list of all individuals evacuated from 

13 Afghanistan. 

14 (B) With respect to each such individual— 

15 (i) vetting status, including whether 

16 the individual has undergone in-person vet17 ting; 

18 (ii) an assessment as to whether the 

19 individual has received unemployment com20 pensation or a Federal means-tested ben21 efit; 

22 (iii) a description of any arrest or 

23 criminal record for conduct that occurred 

24 in Afghanistan, if available; and 


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1 (iv) a description of any arrest or 

2 criminal record for conduct that occurred 

3 in the United States. 

4 (C) The estimated number of days remain5 ing until the Secretary completes the 

6 verification and vetting of each individual evac7 uated from Afghanistan as required by sub8 section (b)(1). 

9 (d) CERTIFICATION.—Not later than 30 days after 

10 the date on which the Secretary completes the verification 

11 and vetting required by subsection (b)(1), the Secretary 

12 shall submit to Congress a certification that such 

13 verification and vetting has been completed. 

14 (e) GAO AUDITS AND REPORTS.— 

15 (1) AUDITS.—The Comptroller General of the 

16 United States shall conduct an audit and investiga17 tion with respect to the compliance of the Secretary 

18 with this Act— 

19 (A) not later than 2 years after the date 

20 of the enactment of this Act; and 

21 (B) not later than 1 year after the date on 

22 which the Secretary makes the certification 

23 under subsection (d). 

24 (2) REPORTS.—Not later than 30 days after 

25 the completion of each audit and investigation reVerDate Sep 11 2014 03:00 Mar 05, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3759.IS S3759

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1 quired by paragraph (1), the Comptroller General 

2 shall submit to Congress a report on the results of 

3 the audit and investigation. 

4 (f) RESTRICTION ON FEDERAL ASSISTANCE.—An in5 dividual evacuated from Afghanistan who has not provided 

6 personal information and biometric information to the 

7 Secretary, and undergone in-person vetting, shall not be 

8 eligible to receive unemployment compensation or any 

9 Federal means-tested public benefit. 

10 SEC. 3. DECLASSIFICATION OF INFORMATION RELATED TO 

11 THE WITHDRAWAL OF THE UNITED STATES 

12 ARMED FORCES FROM AFGHANISTAN. 

13 Not later than 90 days after the date of the enact14 ment of this Act, the Director of National Intelligence 

15 shall— 

16 (1) declassify all intelligence products related to 

17 the withdrawal of the United States Armed Forces 

18 from Afghanistan, including as relate to— 

19 (A) anticipated timelines for a Taliban 

20 takeover of Afghanistan, especially as the 

21 Taliban seized control of additional districts 

22 and provinces, often without fighting, in early 

23 to mid 2021; 

24 (B) the ability of the Afghan National De25 fense and Security Forces to prevent a Taliban 


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1 takeover of Afghanistan after the withdrawal of 

2 American forces and associated combat, 

3 logistical, and other support; 

4 (C) the willingness of then-President of the 

5 Islamic Republic of Afghanistan Ashraf Ghani 

6 and other Afghan political leaders to remain in 

7 Afghanistan as the military situation deterio8 rated, including any plans such leaders may 

9 have made to escape Afghanistan as the 

10 Taliban advanced; 

11 (D) threats to United States forces, dip12 lomats, or citizens in Kabul or other parts of 

13 Afghanistan over the course of the withdrawal, 

14 including the noncombatant evacuation oper15 ation in August 2021; 

16 (E) any other intelligence that may have 

17 informed decisions by the United States Gov18 ernment regarding the timeline for the with19 drawal of its forces, moving of its embassy in 

20 Kabul, initiation of a noncombatant evacuation 

21 operation, force requirements for a noncombat22 ant evacuation operation, or other related mat23 ters; and 

24 (F) any dissenting views shared in writing 

25 or other formats, including verbally, by United 


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1 States military commanders, diplomats, or 

2 other government officials regarding the topics 

3 described in subparagraphs (A) through (E); 

4 and 

5 (2) submit to Congress an unclassified report 

6 that contains— 

7 (A) all the information described under 

8 paragraph (1); and 

9 (B) only such redactions as the Director 

10 determines necessary to protect sources and 

11 methods. 

Æ 


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