What This Bill Does
This bill creates a special committee in Congress called the Joint Select Committee on Afghanistan. The committee will investigate how the United States withdrew from Afghanistan and produce a report about what happened. The committee must finish its investigation and submit the report within 90 days of the bill becoming law.
Who It Affects
Members of Congress, staff who work for the committee, and federal agencies including the Department of State, Department of Defense, intelligence agencies, Department of Homeland Security, and the National Security Council.
Key Provisions
• The committee will have 12 members appointed by Senate and House leaders, with two members serving as co-chairs who must be appointed within 14 days of the bill becoming law (Sec. 1(b)(2), (3)).
• The committee must submit a report within 90 days that examines intelligence about threats at Hamid Karzai International Airport, military evacuation planning, decisions about the withdrawal timeline, advice given to the President, and vetting procedures for Afghan civilians evacuated (Sec. 1(c)(1), (2)).
• Federal agencies must quickly provide information and documents requested by the committee's co-chairs to help complete the investigation (Sec. 1(e)(4)).
• The committee will hold meetings as called by the co-chairs, and a majority of members must be present for decisions, with no remote voting allowed (Sec. 1(d)).
• The committee ends one year after the bill becomes law (Sec. 1(g)).
What Changes
A new temporary congressional committee is established to investigate and publicly report on the 2021 Afghanistan withdrawal. The committee has the power to hold hearings, request documents from witnesses, and demand information from federal agencies.
Important Definitions
None defined in the bill text.
II
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) intro-
duced the following bill; which was read twice and referred to the Com-
mittee 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 Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. JOINT SELECT COMMITTEE ON AFGHANISTAN.
3
(a) ESTABLISHMENT.—There is established a joint
4
select committee of Congress to be known as the ‘‘Joint
5
Select Committee on Afghanistan’’ (in this section re-
6
ferred to as the ‘‘Joint Committee’’).
7
(b) MEMBERSHIP.—
8
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•S 170 IS
(1) IN GENERAL.—The Joint Committee shall
1
be composed of 12 members appointed pursuant to
2
paragraph (2).
3
(2) APPOINTMENT.—Members of the Joint
4
Committee shall be appointed as follows:
5
(A) The majority leader of the Senate shall
6
appoint 3 members from among Members of
7
the Senate.
8
(B) The minority leader of the Senate shall
9
appoint 3 members from among Members of
10
the Senate.
11
(C) The Speaker of the House of Rep-
12
resentatives shall appoint 3 members from
13
among Members of the House of Representa-
14
tives.
15
(D) The minority leader of the House of
16
Representatives shall appoint 3 members from
17
among Members of the House of Representa-
18
tives.
19
(3) CO-CHAIRS.—
20
(A) IN GENERAL.—Two of the appointed
21
members of the Joint Committee shall serve as
22
co-chairs. The Speaker of the House of Rep-
23
resentatives and the majority leader of the Sen-
24
ate shall jointly appoint one co-chair, and the
25
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•S 170 IS
minority leader of the House of Representatives
1
and the minority leader of the Senate shall
2
jointly appoint the second co-chair. The co-
3
chairs shall be appointed not later than 14 cal-
4
endar days after the date of the enactment of
5
this Act.
6
(B) STAFF DIRECTOR.—The co-chairs, act-
7
ing jointly, shall hire the staff director of the
8
Joint Committee.
9
(4) DATE.—Members of the Joint Committee
10
shall be appointed not later than 14 calendar days
11
after the date of the enactment of this Act.
12
(5) PERIOD OF APPOINTMENT.—Members shall
13
be appointed for the life of the Joint Committee.
14
Any vacancy in the Joint Committee shall not affect
15
its powers, but shall be filled not later than 14 cal-
16
endar days after the date on which the vacancy oc-
17
curs, in the same manner as the original designation
18
was made. If a member of the Joint Committee
19
ceases to be a Member of the House of Representa-
20
tives or the Senate, as the case may be, the member
21
is no longer a member of the Joint Committee and
22
a vacancy shall exist.
23
(c) INVESTIGATION AND REPORT.—
24
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•S 170 IS
(1) IN GENERAL.—Not later than 90 days after
1
the date of the enactment of this Act, the Joint
2
Committee shall conduct an investigation and submit
3
to Congress a report on the United States 2021
4
withdrawal from Afghanistan.
5
(2) ELEMENTS.—The report required under
6
paragraph (1) shall include the following elements:
7
(A) A summary of any intelligence reports
8
that indicated an imminent threat at the
9
Hamid Karzai International Airport preceding
10
the deadly attack on August 26, 2021, and the
11
risks to United States and allied country civil-
12
ians as well as Afghan partners for various
13
United States withdrawal scenarios.
14
(B) A summary of any intelligence reports
15
that indicated that withdrawing military per-
16
sonnel and closing United States military in-
17
stallations in Afghanistan before evacuating ci-
18
vilians would negatively affect the evacuation of
19
United States citizens, green card holders, and
20
Afghan partners and thus put them at risk.
21
(C) A full review of planning by the Na-
22
tional Security Council, the Department of
23
State, and the Department of Defense for a
24
noncombatant evacuation from Afghanistan, in-
25
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•S 170 IS
cluding details of all scenarios used by the De-
1
partment of State or the Department of De-
2
fense to plan and prepare for noncombatant
3
evacuation operations.
4
(D) An analysis of the relationship be-
5
tween the retrograde and noncombatant evacu-
6
ation operation plans and operations.
7
(E) A description of any actions that were
8
taken by the United States Government to pro-
9
tect the safety of United States forces and neu-
10
tralize threats in any withdrawal scenarios.
11
(F) A full review of all withdrawal sce-
12
narios compiled by the intelligence community
13
and the Department of Defense with timelines
14
for the decisions taken, including all advice pro-
15
vided by military leaders to President Joseph R.
16
Biden and his national security team beginning
17
in January 2021.
18
(G) An analysis of why the withdrawal
19
timeline expedited from the September 11,
20
2021, date set by President Biden earlier this
21
year.
22
(H) An analysis of United States and al-
23
lied intelligence shared with the Taliban.
24
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•S 170 IS
(I) An analysis of any actions taken by the
1
United States Government to proactively pre-
2
pare for a successful withdrawal.
3
(J) A summary of intelligence that in-
4
formed statements and assurances made to the
5
American people that the Taliban would not
6
take over Afghanistan with the speed that it did
7
in August 2021.
8
(K) A full and unredacted transcript of the
9
phone call between President Joe Biden and
10
President Ashraf Ghani of Afghanistan on July
11
23, 2021.
12
(L) A summary of any documents, reports,
13
or intelligence that indicates whether any mem-
14
bers of the intelligence community, the United
15
States Armed Forces, or NATO partners sup-
16
porting the mission warned that the Taliban
17
would swiftly reclaim Afghanistan.
18
(M) A description of the extent to which
19
any members of the intelligence community, the
20
United States Armed Forces, or NATO part-
21
ners supporting the mission advised steps to be
22
taken by the White House that were ultimately
23
rejected.
24
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•S 170 IS
(N) An assessment of the decision not to
1
order a noncombatant evacuation operation
2
until August 14, 2021.
3
(O) An assessment of whose advice the
4
President heeded in maintaining the timeline
5
and the status of forces on the ground before
6
Thursday, August 12, 2021.
7
(P) A description of the initial views and
8
advice of the United States Armed Forces and
9
the intelligence community given to the Na-
10
tional Security Council and the White House
11
before the decisions were taken regarding clo-
12
sure of United States military installations,
13
withdrawal of United States assets, and with-
14
drawal of United States military personnel.
15
(Q) An assessment of United States assets,
16
as well as any assets left behind by allies, that
17
could now be used by the Taliban, ISIS–K, and
18
other terrorist organizations operating within
19
the region.
20
(R) An assessment of United States assets
21
slated to be delivered to Afghanistan, if any,
22
the delivery of which was paused because of the
23
President’s decision to withdraw, and the status
24
of and plans for those assets now.
25
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•S 170 IS
(S) An assessment of vetting procedures
1
for Afghan civilians to be evacuated with a
2
timeline for the decision making and ultimate
3
decisions taken to ensure that no terrorist sus-
4
pects, persons with ties to terrorists, or dan-
5
gerous individuals would be admitted into third
6
countries or the United States.
7
(T) An assessment of the discussions be-
8
tween the United States Government and allies
9
supporting our efforts in Afghanistan and a
10
timeline for decision making regarding the with-
11
drawal of United States forces, including dis-
12
cussion and decisions about how to work to-
13
gether to repatriate all foreign nationals desir-
14
ing to return to their home countries.
15
(U) A review of the policy decisions with
16
timeline regarding all Afghan nationals and
17
other refugees evacuated from Afghanistan by
18
the United States Government and brought to
19
third countries and the United States, including
20
a report on what role the United States Armed
21
Forces performed in vetting each individual and
22
what coordination the Departments of State
23
and Defense engaged in to safeguard members
24
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•S 170 IS
of the Armed Forces from infectious diseases
1
and terrorist threats.
2
(3) FORM.—The report required under para-
3
graph (1) shall be submitted in unclassified form but
4
may contain a classified annex.
5
(d) MEETINGS.—
6
(1) INITIAL MEETING.—Not later than 30 days
7
after the date on which all members of the Joint
8
Committee have been appointed, the Joint Com-
9
mittee shall hold its first meeting.
10
(2) FREQUENCY.—The Joint Committee shall
11
meet at the call of the co-chairs.
12
(3) QUORUM.—A majority of the members of
13
the Joint Committee shall constitute a quorum, but
14
a lesser number of members may hold hearings.
15
(4) VOTING.—No proxy voting shall be allowed
16
on behalf of the members of the Joint Committee.
17
(e) ADMINISTRATION.—
18
(1) IN GENERAL.—To enable the Joint Com-
19
mittee to exercise its powers, functions, and duties,
20
there are authorized to be disbursed by the Senate
21
the actual and necessary expenses of the Joint Com-
22
mittee approved by the co-chairs, subject to the rules
23
and regulations of the Senate.
24
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•S 170 IS
(2) EXPENSES.—In carrying out its functions,
1
the Joint Committee is authorized to incur expenses
2
in the same manner and under the same conditions
3
as the Joint Economic Committee is authorized by
4
section 11 of Public Law 79–304 (15 U.S.C. 1024
5
(d)).
6
(3) HEARINGS.—
7
(A) IN GENERAL.—The Joint Committee
8
may, for the purpose of carrying out this sec-
9
tion, hold such hearings, sit and act at such
10
times and places, require attendance of wit-
11
nesses and production of books, papers, and
12
documents, take such testimony, receive such
13
evidence, and administer such oaths as the
14
Joint Committee considers advisable.
15
(B) HEARING PROCEDURES AND RESPON-
16
SIBILITIES OF CO-CHAIRS.—
17
(i) ANNOUNCEMENT.—The co-chairs
18
of the Joint Committee shall make a public
19
announcement of the date, place, time, and
20
subject matter of any hearing to be con-
21
ducted, not less than 7 days in advance of
22
such hearing, unless the co-chairs deter-
23
mine that there is good cause to begin
24
such hearing at an earlier date.
25
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•S 170 IS
(ii) WRITTEN
STATEMENT.—A wit-
1
ness appearing before the Joint Committee
2
shall file a written statement of proposed
3
testimony at least 2 calendar days before
4
the appearance of the witness, unless the
5
requirement is waived by the co-chairs, fol-
6
lowing their determination that there is
7
good cause for failure to comply with such
8
requirement.
9
(4) COOPERATION FROM FEDERAL AGENCIES.—
10
(A) TECHNICAL ASSISTANCE.—Upon writ-
11
ten request of the co-chairs, a Federal agency
12
shall provide technical assistance to the Joint
13
Committee in order for the Joint Committee to
14
carry out its duties.
15
(B) PROVISION
OF
INFORMATION.—The
16
Secretary of State, the Secretary of Defense,
17
the Director of National Intelligence, the heads
18
of the elements of the intelligence community,
19
the Secretary of Homeland Security, and the
20
National Security Council shall expeditiously re-
21
spond to requests for information related to
22
compiling the report under subsection (c).
23
(f) STAFF OF JOINT COMMITTEE.—
24
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•S 170 IS
(1) IN GENERAL.—The co-chairs of the Joint
1
Committee may jointly appoint and fix the com-
2
pensation of staff as they deem necessary, within the
3
guidelines for employees of the Senate and following
4
all applicable rules and employment requirements of
5
the Senate.
6
(2) ETHICAL
STANDARDS.—Members on the
7
Joint Committee who serve in the House of Rep-
8
resentatives shall be governed by the ethics rules and
9
requirements of the House. Members of the Senate
10
who serve on the Joint Committee and staff of the
11
Joint Committee shall comply with the ethics rules
12
of the Senate.
13
(g) TERMINATION.—The Joint Committee shall ter-
14
minate on the date that is one year after the date of the
15
enactment of this Act.
16
(h) FUNDING.—Funding for the Joint Committee
17
shall be derived in equal portions from—
18
(1) the applicable accounts of the House of
19
Representatives; and
20
(2) the contingent fund of the Senate from the
21
appropriations account ‘‘Miscellaneous Items’’, sub-
22
ject to the rules and regulations of the Senate.
23
Æ
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