A bill to establish a Joint Select Committee on Afghanistan to conduct a full investigation and compile a joint report on the United States withdrawal from Afghanistan.

Subjects: Congress

Summary:  <p>This bill establishes the Joint Select Committee on Afghanistan as a joint committee of Congress, required to investigate the 2021 U.S. withdrawal from Afghanistan.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 170 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 S. 170

To establish a Joint Select Committee on Afghanistan to conduct a full 
     investigation and compile a joint report on the United States 
                      withdrawal from Afghanistan.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 31, 2023

Mr. Scott of Florida (for himself, Mr. Hawley, Mr. Hoeven, Mr. Tillis, 
Mr. Tuberville, Mr. Cassidy, Mr. Braun, and Mr. Cramer) introduced the 
 following bill; which was read twice and referred to the Committee on 
                        Rules and Administration

_______________________________________________________________________

                                 A BILL


 
To establish a Joint Select Committee on Afghanistan to conduct a full 
     investigation and compile a joint report on the United States 
                      withdrawal from Afghanistan.

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

SECTION 1. JOINT SELECT COMMITTEE ON AFGHANISTAN.

    (a) Establishment.--There is established a joint select committee 
of Congress to be known as the ``Joint Select Committee on 
Afghanistan'' (in this section referred to as the ``Joint Committee'').
    (b) Membership.--
            (1) In general.--The Joint Committee shall be composed of 
        12 members appointed pursuant to paragraph (2).
            (2) Appointment.--Members of the Joint Committee shall be 
        appointed as follows:
                    (A) The majority leader of the Senate shall appoint 
                3 members from among Members of the Senate.
                    (B) The minority leader of the Senate shall appoint 
                3 members from among Members of the Senate.
                    (C) The Speaker of the House of Representatives 
                shall appoint 3 members from among Members of the House 
                of Representatives.
                    (D) The minority leader of the House of 
                Representatives shall appoint 3 members from among 
                Members of the House of Representatives.
            (3) Co-chairs.--
                    (A) In general.--Two of the appointed members of 
                the Joint Committee shall serve as co-chairs. The 
                Speaker of the House of Representatives and the 
                majority leader of the Senate shall jointly appoint one 
                co-chair, and the minority leader of the House of 
                Representatives and the minority leader of the Senate 
                shall jointly appoint the second co-chair. The co-
                chairs shall be appointed not later than 14 calendar 
                days after the date of the enactment of this Act.
                    (B) Staff director.--The co-chairs, acting jointly, 
                shall hire the staff director of the Joint Committee.
            (4) Date.--Members of the Joint Committee shall be 
        appointed not later than 14 calendar days after the date of the 
        enactment of this Act.
            (5) Period of appointment.--Members shall be appointed for 
        the life of the Joint Committee. Any vacancy in the Joint 
        Committee shall not affect its powers, but shall be filled not 
        later than 14 calendar days after the date on which the vacancy 
        occurs, in the same manner as the original designation was 
        made. If a member of the Joint Committee ceases to be a Member 
        of the House of Representatives or the Senate, as the case may 
        be, the member is no longer a member of the Joint Committee and 
        a vacancy shall exist.
    (c) Investigation and Report.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Joint Committee shall conduct an 
        investigation and submit to Congress a report on the United 
        States 2021 withdrawal from Afghanistan.
            (2) Elements.--The report required under paragraph (1) 
        shall include the following elements:
                    (A) A summary of any intelligence reports that 
                indicated an imminent threat at the Hamid Karzai 
                International Airport preceding the deadly attack on 
                August 26, 2021, and the risks to United States and 
                allied country civilians as well as Afghan partners for 
                various United States withdrawal scenarios.
                    (B) A summary of any intelligence reports that 
                indicated that withdrawing military personnel and 
                closing United States military installations in 
                Afghanistan before evacuating civilians would 
                negatively affect the evacuation of United States 
                citizens, green card holders, and Afghan partners and 
                thus put them at risk.
                    (C) A full review of planning by the National 
                Security Council, the Department of State, and the 
                Department of Defense for a noncombatant evacuation 
                from Afghanistan, including details of all scenarios 
                used by the Department of State or the Department of 
                Defense to plan and prepare for noncombatant evacuation 
                operations.
                    (D) An analysis of the relationship between the 
                retrograde and noncombatant evacuation operation plans 
                and operations.
                    (E) A description of any actions that were taken by 
                the United States Government to protect the safety of 
                United States forces and neutralize threats in any 
                withdrawal scenarios.
                    (F) A full review of all withdrawal scenarios 
                compiled by the intelligence community and the 
                Department of Defense with timelines for the decisions 
                taken, including all advice provided by military 
                leaders to President Joseph R. Biden and his national 
                security team beginning in January 2021.
                    (G) An analysis of why the withdrawal timeline 
                expedited from the September 11, 2021, date set by 
                President Biden earlier this year.
                    (H) An analysis of United States and allied 
                intelligence shared with the Taliban.
                    (I) An analysis of any actions taken by the United 
                States Government to proactively prepare for a 
                successful withdrawal.
                    (J) A summary of intelligence that informed 
                statements and assurances made to the American people 
                that the Taliban would not take over Afghanistan with 
                the speed that it did in August 2021.
                    (K) A full and unredacted transcript of the phone 
                call between President Joe Biden and President Ashraf 
                Ghani of Afghanistan on July 23, 2021.
                    (L) A summary of any documents, reports, or 
                intelligence that indicates whether any members of the 
                intelligence community, the United States Armed Forces, 
                or NATO partners supporting the mission warned that the 
                Taliban would swiftly reclaim Afghanistan.
                    (M) A description of the extent to which any 
                members of the intelligence community, the United 
                States Armed Forces, or NATO partners supporting the 
                mission advised steps to be taken by the White House 
                that were ultimately rejected.
                    (N) An assessment of the decision not to order a 
                noncombatant evacuation operation until August 14, 
                2021.
                    (O) An assessment of whose advice the President 
                heeded in maintaining the timeline and the status of 
                forces on the ground before Thursday, August 12, 2021.
                    (P) A description of the initial views and advice 
                of the United States Armed Forces and the intelligence 
                community given to the National Security Council and 
                the White House before the decisions were taken 
                regarding closure of United States military 
                installations, withdrawal of United States assets, and 
                withdrawal of United States military personnel.
                    (Q) An assessment of United States assets, as well 
                as any assets left behind by allies, that could now be 
                used by the Taliban, ISIS-K, and other terrorist 
                organizations operating within the region.
                    (R) An assessment of United States assets slated to 
                be delivered to Afghanistan, if any, the delivery of 
                which was paused because of the President's decision to 
                withdraw, and the status of and plans for those assets 
                now.
                    (S) An assessment of vetting procedures for Afghan 
                civilians to be evacuated with a timeline for the 
                decision making and ultimate decisions taken to ensure 
                that no terrorist suspects, persons with ties to 
                terrorists, or dangerous individuals would be admitted 
                into third countries or the United States.
                    (T) An assessment of the discussions between the 
                United States Government and allies supporting our 
                efforts in Afghanistan and a timeline for decision 
                making regarding the withdrawal of United States 
                forces, including discussion and decisions about how to 
                work together to repatriate all foreign nationals 
                desiring to return to their home countries.
                    (U) A review of the policy decisions with timeline 
                regarding all Afghan nationals and other refugees 
                evacuated from Afghanistan by the United States 
                Government and brought to third countries and the 
                United States, including a report on what role the 
                United States Armed Forces performed in vetting each 
                individual and what coordination the Departments of 
                State and Defense engaged in to safeguard members of 
                the Armed Forces from infectious diseases and terrorist 
                threats.
            (3) Form.--The report required under paragraph (1) shall be 
        submitted in unclassified form but may contain a classified 
        annex.
    (d) Meetings.--
            (1) Initial meeting.--Not later than 30 days after the date 
        on which all members of the Joint Committee have been 
        appointed, the Joint Committee shall hold its first meeting.
            (2) Frequency.--The Joint Committee shall meet at the call 
        of the co-chairs.
            (3) Quorum.--A majority of the members of the Joint 
        Committee shall constitute a quorum, but a lesser number of 
        members may hold hearings.
            (4) Voting.--No proxy voting shall be allowed on behalf of 
        the members of the Joint Committee.
    (e) Administration.--
            (1) In general.--To enable the Joint Committee to exercise 
        its powers, functions, and duties, there are authorized to be 
        disbursed by the Senate the actual and necessary expenses of 
        the Joint Committee approved by the co-chairs, subject to the 
        rules and regulations of the Senate.
            (2) Expenses.--In carrying out its functions, the Joint 
        Committee is authorized to incur expenses in the same manner 
        and under the same conditions as the Joint Economic Committee 
        is authorized by section 11 of Public Law 79-304 (15 U.S.C. 
        1024 (d)).
            (3) Hearings.--
                    (A) In general.--The Joint Committee may, for the 
                purpose of carrying out this section, hold such 
                hearings, sit and act at such times and places, require 
                attendance of witnesses and production of books, 
                papers, and documents, take such testimony, receive 
                such evidence, and administer such oaths as the Joint 
                Committee considers advisable.
                    (B) Hearing procedures and responsibilities of co-
                chairs.--
                            (i) Announcement.--The co-chairs of the 
                        Joint Committee shall make a public 
                        announcement of the date, place, time, and 
                        subject matter of any hearing to be conducted, 
                        not less than 7 days in advance of such 
                        hearing, unless the co-chairs determine that 
                        there is good cause to begin such hearing at an 
                        earlier date.
                            (ii) Written statement.--A witness 
                        appearing before the Joint Committee shall file 
                        a written statement of proposed testimony at 
                        least 2 calendar days before the appearance of 
                        the witness, unless the requirement is waived 
                        by the co-chairs, following their determination 
                        that there is good cause for failure to comply 
                        with such requirement.
            (4) Cooperation from federal agencies.--
                    (A) Technical assistance.--Upon written request of 
                the co-chairs, a Federal agency shall provide technical 
                assistance to the Joint Committee in order for the 
                Joint Committee to carry out its duties.
                    (B) Provision of information.--The Secretary of 
                State, the Secretary of Defense, the Director of 
                National Intelligence, the heads of the elements of the 
                intelligence community, the Secretary of Homeland 
                Security, and the National Security Council shall 
                expeditiously respond to requests for information 
                related to compiling the report under subsection (c).
    (f) Staff of Joint Committee.--
            (1) In general.--The co-chairs of the Joint Committee may 
        jointly appoint and fix the compensation of staff as they deem 
        necessary, within the guidelines for employees of the Senate 
        and following all applicable rules and employment requirements 
        of the Senate.
            (2) Ethical standards.--Members on the Joint Committee who 
        serve in the House of Representatives shall be governed by the 
        ethics rules and requirements of the House. Members of the 
        Senate who serve on the Joint Committee and staff of the Joint 
        Committee shall comply with the ethics rules of the Senate.
    (g) Termination.--The Joint Committee shall terminate on the date 
that is one year after the date of the enactment of this Act.
    (h) Funding.--Funding for the Joint Committee shall be derived in 
equal portions from--
            (1) the applicable accounts of the House of 
        Representatives; and
            (2) the contingent fund of the Senate from the 
        appropriations account ``Miscellaneous Items'', subject to the 
        rules and regulations of the Senate.
                                 &lt;all&gt;
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