To direct the Secretary of Defense to submit to Congress daily reports on the evacuation of citizens and permanent residents of the United States from Afghanistan, and for other purposes.
Bill: H.R.5071 | Sponsor: Rep. Gallagher, Mike (R-WI)
Policy area: Armed Forces and National Security

Summary:
This bill requires the Department of Defense (DOD) to report daily on the efforts to evacuate U.S. citizens and legal permanent residents from Afghanistan until the President certifies to Congress that all such individuals who sought evacuation have been evacuated. Until such certification is submitted, DOD may not use FY2021 funds for activity which would have the effect of reducing the total number of service members deployed to Afghanistan, except in specified circumstances.

To direct the Secretary of Defense to submit to Congress daily reports 
  on the evacuation of citizens and permanent residents of the United 
            States from Afghanistan, and for other purposes.

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

SECTION 1. REPORTING REQUIREMENTS RELATING TO EVACUATION OF CITIZENS 
              AND PERMANENT RESIDENTS OF UNITED STATES FROM 
              AFGHANISTAN.

    (a) In General.--Not later than two days after the date of 
enactment of this Act, and each day thereafter until the date on which 
the President submits a certification under subsection (c), the 
Secretary of Defense, in consultation with the Secretary of State, 
shall submit to Congress a report on the efforts to evacuate citizens 
and legal permanent residents of the United States from Afghanistan.
    (b) Contents of Reports.--Each report required under subsection (a) 
shall include each of the following, as of the date of the submittal of 
the report:
            (1) The total number of members of the United States Armed 
        Forces in Afghanistan.
            (2) The total number of citizens and legal permanent 
        residents of the United States in Afghanistan.
            (3) The total number of individuals who are citizens or 
        legal permanent residents of the United States who have 
        requested but not received evacuation from Afghanistan, 
        including, to the extent practicable, the location of each such 
        individual.
            (4) The total number of citizens and legal permanent 
        residents of the United States who--
                    (A) have been evacuated from Afghanistan--
                            (i) in the case of the initial report 
                        submitted under subsection (a), since August 
                        13, 2021; or
                            (ii) in the case of any subsequent report, 
                        since the submittal of the most recently 
                        submitted report under such subsection; and
                    (B) have been evacuated from Afghanistan since 
                August 13, 2021.
            (5) The total number of citizens and legal permanent 
        residents of the United States in Afghanistan who have been 
        unable to evacuate, including an explanation of--
                    (A) the conditions that prohibited such evacuation; 
                and
                    (B) any efforts being made to overcome such 
                conditions.
            (6) The total number of individuals who are citizens or 
        legal permanent residents of the United States who have been 
        detained by the Taliban, including an explanation of the 
        efforts being made to secure the release of such individuals.
            (7) The total number of citizens and legal permanent 
        residents of the United States who have been injured or killed 
        in Afghanistan since August 13, 2021.
            (8) The total number of Department of Defense aircraft used 
        to evacuate citizens and legal permanent residents of the 
        United States from Afghanistan.
            (9) The total number of Afghan nationals evacuated on 
        Department of Defense aircraft, including the final 
        destinations of such nationals and the number of such nationals 
        evacuated to each such final destination.
            (10) The total number of Afghan nationals eligible for 
        evacuation on Department of Defense aircraft.
    (c) Certification by President.--When the President determines that 
each citizen or legal permanent resident of the United States who is 
seeking evacuation from Afghanistan is evacuated from Afghanistan, the 
President shall submit to Congress certification of such determination.
    (d) Prohibition.--
            (1) In general.--Except as provided in paragraph (2), until 
        the date on which the President submits the certification 
        required under subsection (c), none of the amounts authorized 
        to be appropriated for fiscal year 2021 for the Department of 
        Defense may be obligated or expended for any activity which 
        would have the effect of reducing the total number of members 
        of the Armed Forces deployed to Afghanistan to a number lower 
        than the lower of the following:
                    (A) The total number of members of the Armed Forces 
                deployed as of the date of enactment of this Act.
                    (B) The number of members of the Armed Forces 
                determined by the Secretary of Defense, in consultation 
                with the Secretary of State, to be sufficient to safely 
                evacuate the total number of citizens and legal 
                permanent residents of the United States who are 
                seeking evacuation from Afghanistan.
            (2) Exception.--The prohibition under paragraph (1) shall 
        not apply if the Secretary of Defense makes a determination 
        that members of the Armed Forces in Afghanistan are facing 
        imminent hostilities and submits to Congress a notice of such 
        determination.
    (e) Certification by Secretary of Defense.--If the Secretary of 
Defense makes a determination under subsection (d)(1)(B) that would 
result in the reduction of the number of members of the Armed Forces 
deployed to Afghanistan, the Secretary shall submit to Congress notice 
of such reduction, by not later than the end of the day on which the 
determination is made, that includes the total number of members to be 
deployed after such reduction.
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