[Congressional Record Volume 168, Number 153 (Thursday, September 22, 2022)]
[Senate]
[Pages S4992-S4993]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5600. Mr. HAWLEY submitted an amendment intended to be proposed to
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe)
and intended to be proposed to the bill H.R. 7900, to authorize
appropriations for fiscal year 2023 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 title X, add the following:
Subtitle H--Afghanistan Vetting and Accountability Act of 2022
SEC. 1081. SHORT TITLE.
This subtitle may be cited as the ``Afghanistan Vetting and
Accountability Act of 2022''.
SEC. 1082. 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 subtitle--
(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. 1083. 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
[[Page S4993]]
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.
______