Sec. 5. Meetings, hearings, and access to information
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/bill/117/sres/763/is/section-5·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Senate Select Committee shall meet at the call of the co-chairs or at the request of at least 3 members. Half of the members of the Senate Select Committee shall constitute a quorum. Proxy voting shall be allowed on behalf of the members of the Senate Select Committee. The Senate Select Committee shall, for the purposes described in section 4, hold such hearings, compel attendance of such witnesses, take or compel such testimony, receive or compel such evidence, and administer such oaths as the Senate Select Committee considers advisable.
The Senate Select Committee shall hold an open hearing no less frequently than once per month until it has received open testimony from all of the witnesses listed in paragraph (3). The co-chairs shall hear testimony from the following before the Senate Select Committee in open session, even if the person holds a different public office or no longer holds public office at the time of the hearing: Assistant to the President for National Security Affairs Jake Sullivan. Secretary of State Antony Blinken.
Secretary of Defense Lloyd Austin. Secretary of Homeland Security Alejandro Mayorkas. Director of National Intelligence Avril Haines. Director of the Central Intelligence Agency William Burns. Chairman of the Joint Chiefs of Staff General Mark Milley. Under Secretary of Defense for Policy Colin Kahl. Former United States Ambassador to Afghanistan Ambassador John Bass. Former United States Ambassador to Afghanistan Ambassador Ross Wilson. Former Commander of United States Forces Afghanistan—Forward Rear Admiral Peter Vasely.
Former Commanding General of Joint Task Force—Crisis Response Brigadier General Farrell J. Sullivan. Former Commanding General of 82nd Airborne Division Lieutenant General Christopher T. Donahue. Any other individuals, including former United States Government officials, identified by the co-chairs or a group of 3 members of the Senate Select Committee. The Senate Select Committee may receive classified testimony in a closed session, but any witnesses questioned in a closed session shall also testify in an open session, in the interest of public transparency.
Co-chairs shall permit members of the Senate Select Committee to question witnesses at a hearing for periods longer than 5 minutes or multiple periods of 5 minutes, at the request of a member. The co-chairs of the Senate Select Committee shall make a public announcement of the date, time, place, 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 any earlier date.
A witness appearing before the Senate Select Committee shall file a written statement of proposed testimony and respond in writing to any advance questions from the Senate Select Committee at least 2 calendar days before the appearance of the witness unless the requirement is waived by the co-chairs. Upon written request of the co-chairs, a Federal agency shall provide technical assistance to the Senate Select Committee in order for the Senate Select Committee to carry out its duties.
The National Security Council, the Secretary of Defense, the Secretary of State, the Secretary of Homeland Security, the Director of National Intelligence, the heads of the elements of the intelligence community, and the heads of other relevant Federal agencies shall expeditiously provide information requested by the Senate Select Committee related to the investigation and report under required under section 4, and in no case later than 3 weeks after a request by a member of the Senate Select Committee.
Federal agencies shall not withhold information from the Senate Select Committee, including for reasons of classification, executive privilege, or attorney-client privilege. Members of the Senate Select Committee are authorized to— compel by subpoena the furnishing of information by United States Government officials and other individuals, including former United States Government officials; and take or order the taking of depositions, including pursuant to subpoena, in the same manner as a standing committee of the Senate.