[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2634-S2635]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 490. Mr. SCOTT of Florida submitted an amendment intended to be
proposed by him to the bill S. 2226, to authorize appropriations for
fiscal year 2024 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 G of title XII, add the following:
SEC. 1299L. 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.
[[Page S2635]]
(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 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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