[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Pages S7820-S7821]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4287. Mr. SCOTT of Florida (for himself, Mr. Hawley, Ms. Ernst, 
Mr. Tillis, and Mr. Cramer) submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be 
proposed to the bill H.R. 4350, to authorize appropriations for fiscal 
year 2022 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        At the end of subtitle B of title XII, add the following:

     SEC. 1216. 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

[[Page S7821]]

     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.
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