[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3759 Introduced in Senate (IS)]

<DOC>






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.

    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 ``Afghanistan Vetting and 
Accountability Act of 2022''.

SEC. 2. VERIFICATION AND VETTING REQUIREMENTS WITH RESPECT TO 
              INDIVIDUALS EVACUATED FROM AFGHANISTAN.

    (a) Definitions.--In this section:
            (1) Federal means-tested public benefit.--The term 
        ``Federal means-tested public benefit'' means a Federal means-
        tested public benefit within the meaning of section 403 of the 
        Personal Responsibility and Work Opportunity Reconciliation Act 
        of 1996 (8 U.S.C. 1613).
            (2) Individual evacuated from afghanistan.--The term 
        ``individual evacuated from Afghanistan''--
                    (A) means any individual, other than a United 
                States citizen or a member of the United States Armed 
                Forces, conveyed out of Afghanistan into the United 
                States in coordination with the Government of the 
                United States during the period beginning on January 
                20, 2021, and ending on January 20, 2022; and
                    (B) includes each individual, other than a United 
                States citizen or a member of the United States Armed 
                Forces, evacuated from Afghanistan as part of Operation 
                Allies Welcome.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (4) Unemployment compensation.--The term ``unemployment 
        compensation'' has the meaning given the term in section 85(b) 
        of the Internal Revenue Code of 1986.
    (b) Verification and Vetting Requirements.--
            (1) In general.--The Secretary shall verify the personal 
        and biometric information and conduct in-person vetting of each 
        individual evacuated from Afghanistan.
            (2) Vetting database.--The Secretary shall develop and 
        maintain a database that contains, for each individual 
        evacuated from Afghanistan, the following:
                    (A) Personal information, including name and date 
                of birth.
                    (B) Biometric information.
                    (C) Any criminal record since the date on which the 
                individual entered the United States.
                    (D) Any application for, or receipt of, 
                unemployment compensation or a Federal means-tested 
                public benefit.
                    (E) The vetting status of the individual, including 
                whether the individual has undergone in-person vetting.
    (c) Quarterly Report.--
            (1) In general.--Not less frequently than quarterly until 
        the date on which the Secretary submits the certification under 
        subsection (d), the Secretary shall submit to Congress a report 
        detailing the compliance of the Secretary with subsection (b).
            (2) Elements.--Each report required by paragraph (1) shall 
        include the following:
                    (A) A list of all individuals evacuated from 
                Afghanistan.
                    (B) With respect to each such individual--
                            (i) vetting status, including whether the 
                        individual has undergone in-person vetting;
                            (ii) an assessment as to whether the 
                        individual has received unemployment 
                        compensation or a Federal means-tested benefit;
                            (iii) a description of any arrest or 
                        criminal record for conduct that occurred in 
                        Afghanistan, if available; and
                            (iv) a description of any arrest or 
                        criminal record for conduct that occurred in 
                        the United States.
                    (C) The estimated number of days remaining until 
                the Secretary completes the verification and vetting of 
                each individual evacuated from Afghanistan as required 
                by subsection (b)(1).
    (d) Certification.--Not later than 30 days after the date on which 
the Secretary completes the verification and vetting required by 
subsection (b)(1), the Secretary shall submit to Congress a 
certification that such verification and vetting has been completed.
    (e) GAO Audits and Reports.--
            (1) Audits.--The Comptroller General of the United States 
        shall conduct an audit and investigation with respect to the 
        compliance of the Secretary with this Act--
                    (A) not later than 2 years after the date of the 
                enactment of this Act; and
                    (B) not later than 1 year after the date on which 
                the Secretary makes the certification under subsection 
                (d).
            (2) Reports.--Not later than 30 days after the completion 
        of each audit and investigation required by paragraph (1), the 
        Comptroller General shall submit to Congress a report on the 
        results of the audit and investigation.
    (f) Restriction on Federal Assistance.--An individual evacuated 
from Afghanistan who has not provided personal information and 
biometric information to the Secretary, and undergone in-person 
vetting, shall not be eligible to receive unemployment compensation or 
any Federal means-tested public benefit.

SEC. 3. DECLASSIFICATION OF INFORMATION RELATED TO THE WITHDRAWAL OF 
              THE UNITED STATES ARMED FORCES FROM AFGHANISTAN.

    Not later than 90 days after the date of the enactment of this Act, 
the Director of National Intelligence shall--
            (1) declassify all intelligence products related to the 
        withdrawal of the United States Armed Forces from Afghanistan, 
        including as relate to--
                    (A) anticipated timelines for a Taliban takeover of 
                Afghanistan, especially as the Taliban seized control 
                of additional districts and provinces, often without 
                fighting, in early to mid 2021;
                    (B) the ability of the Afghan National Defense and 
                Security Forces to prevent a Taliban takeover of 
                Afghanistan after the withdrawal of American forces and 
                associated combat, logistical, and other support;
                    (C) the willingness of then-President of the 
                Islamic Republic of Afghanistan Ashraf Ghani and other 
                Afghan political leaders to remain in Afghanistan as 
                the military situation deteriorated, including any 
                plans such leaders may have made to escape Afghanistan 
                as the Taliban advanced;
                    (D) threats to United States forces, diplomats, or 
                citizens in Kabul or other parts of Afghanistan over 
                the course of the withdrawal, including the 
                noncombatant evacuation operation in August 2021;
                    (E) any other intelligence that may have informed 
                decisions by the United States Government regarding the 
                timeline for the withdrawal of its forces, moving of 
                its embassy in Kabul, initiation of a noncombatant 
                evacuation operation, force requirements for a 
                noncombatant evacuation operation, or other related 
                matters; and
                    (F) any dissenting views shared in writing or other 
                formats, including verbally, by United States military 
                commanders, diplomats, or other government officials 
                regarding the topics described in subparagraphs (A) 
                through (E); and
            (2) submit to Congress an unclassified report that 
        contains--
                    (A) all the information described under paragraph 
                (1); and
                    (B) only such redactions as the Director determines 
                necessary to protect sources and methods.
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