II 

117TH CONGRESS 

1ST SESSION S. 2863 

To require the imposition of sanctions with respect to the Taliban and 

persons assisting the Taliban in Afghanistan, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 27, 2021 

Mr. RISCH (for himself, Mr. RUBIO, Mr. JOHNSON, Mr. ROMNEY, Mr. 

PORTMAN, Mr. YOUNG, Mr. BARRASSO, Mr. ROUNDS, Mr. HAGERTY, Mr. 

THUNE, Mr. SCOTT of Florida, Ms. COLLINS, Mr. CRAPO, Mr. BURR, Mr. 

WICKER, Mr. MORAN, Mr. BOOZMAN, Mr. HOEVEN, Mr. SULLIVAN, Mrs. 

HYDE-SMITH, Mrs. BLACKBURN, Mr. MARSHALL, and Ms. ERNST) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations 

A BILL 

To require the imposition of sanctions with respect to the 

Taliban and persons assisting the Taliban in Afghanistan, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Afghanistan Counterterrorism, Oversight, and Account6 ability Act of 2021’’. 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•S 2863 IS

1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

TITLE I—STATE DEPARTMENT AFGHANISTAN TASK FORCE AND 

DIPLOMATIC ENGAGEMENT 

Sec. 101. Task force on evacuations from Afghanistan. 

Sec. 102. Report on diplomatic engagement and economic cooperation with the 

Taliban. 

Sec. 103. Opposition to recognition of Taliban representative as ambassador to 

the United States. 

Sec. 104. Opposition to participation of Taliban at the United Nations and 

other measures. 

Sec. 105. Revised strategy for South and Central Asia. 

TITLE II—COUNTERTERRORISM STRATEGIES AND REPORTS 

Sec. 201. Counterterrorism strategy for Afghanistan. 

Sec. 202. Report on entities providing support for the Taliban. 

Sec. 203. Report and strategy on United States-origin defense articles and 

services provided to Afghanistan. 

TITLE III—MATTERS RELATING TO HOSTAGES, SPECIAL 

IMMIGRANT VISA APPLICANTS, AND REFUGEES 

Sec. 301. Report on hostages taken by the Taliban. 

Sec. 302. Briefings on status of special immigrant visa applicants, refugees, 

and parolees. 

TITLE IV—RESTRICTIONS ON FOREIGN ASSISTANCE 

Sec. 401. Statement of policy on United States assistance in Afghanistan. 

Sec. 402. Humanitarian assistance to countries and organizations supporting 

Afghan refugees and Afghan allies of the United States. 

Sec. 403. Review of foreign assistance to countries and organizations supporting the Taliban. 

Sec. 404. Appropriate congressional committees defined. 

TITLE V—HUMAN RIGHTS IN AFGHANISTAN 

Sec. 501. Report on human rights abuses by the Taliban. 

TITLE VI—SANCTIONS WITH RESPECT TO THE TALIBAN 

Sec. 601. Definitions. 

Sec. 602. Imposition of sanctions with respect to activities of the Taliban and 

others in Afghanistan. 

Sec. 603. Imposition of sanctions with respect to supporters of the Taliban. 

Sec. 604. Support for multilateral sanctions with respect to the Taliban. 

Sec. 605. Implementation; penalties. 

Sec. 606. Waivers; exceptions; suspension. 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•S 2863 IS

TITLE VII—GENERAL PROVISIONS 

Sec. 701. Termination. 

1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) On April 14, 2021, President Joseph R. 

4 Biden announced the unconditional withdrawal of 

5 United States Armed Forces from Afghanistan after 

6 20 years of conflict. 

7 (2) United States troop withdrawals led to the 

8 rapid collapse of the democratically elected Govern9 ment of Afghanistan, effectively ended prospects for 

10 a negotiated settlement, threaten to reverse the 

11 hard-earned rights of Afghanistan’s women and 

12 youth, and created dangerous sanctuary space for 

13 potential terrorist attacks against the United States 

14 and allies and partners of the United States. 

15 (3) Under the terms of the peace agreement 

16 signed by the United States and the Taliban in 

17 Doha, Qatar, on February 29, 2020, the withdrawal 

18 of the United States Armed Forces was contingent 

19 upon the Taliban upholding its commitment to a re20 duction in the levels of violence, engaging in sub21 stantive talks with the Government of Afghanistan, 

22 and adhering to certain counterterrorism guaran23 tees. The Taliban failed to meet its commitments. 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•S 2863 IS

1 (4) The Taliban’s rise to power and inability to 

2 control its borders may result in a safe haven for 

3 violent jihadist groups, like al Qaeda and the Afghan 

4 affiliate of the Islamic State group, ISIS–Khorasan 

5 (commonly referred to as ‘‘ISIS–K’’). 

6 (5) According to a May 2020 report of the 

7 United Nations, ‘‘The senior leadership of Al-Qaida 

8 remains present in Afghanistan, as well as hundreds 

9 of armed operatives, Al-Qaida in the Indian Sub10 continent, and groups of foreign terrorist fighters 

11 aligned with the Taliban.’’. 

12 (6) According to the same United Nations re13 port, ‘‘The Taliban regularly consulted with Al14 Qaida during negotiations with the United States 

15 and offered guarantees that it would honor their his16 torical ties.’’. 

17 (7) In November 2020, the Lead Inspector 

18 General for Operation Freedom’s Sentinel of the De19 partment of Defense (in this section referred to as 

20 the ‘‘Lead Inspector General’’) echoed similar con21 cerns, noting that ‘‘members of al-Qaeda were inte22 grated into the Taliban’s leadership and command 

23 structure’’. 

24 (8) In May 2021, the Lead Inspector General 

25 reaffirmed those concerns, noting that ‘‘[a]ccording 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•S 2863 IS

1 to the Defense Intelligence Agency, the Taliban 

2 maintained close ties with al-Qaeda and was very 

3 likely preparing for large-scale offensives’’. 

4 (9) On September 14, 2021, the Deputy Direc5 tor of the Central Intelligence Agency stated, ‘‘We 

6 are already beginning to see some of the indications 

7 of some potential movement of al Qaeda to Afghani8 stan.’’. 

9 (10) On August 14, 2021, the United States 

10 began an operation at Hamid Karzai International 

11 Airport to evacuate United States citizens and Af12 ghans affiliated with the United States, an action 

13 which forced the North Atlantic Treaty Organization 

14 (commonly referred to as ‘‘NATO’’) and allied coun15 tries to undertake similar operations. 

16 (11) During the evacuation operation conducted 

17 in August 2021, United States allies, all of which 

18 had contributed soldiers and resources to the fight 

19 against the Taliban and terrorism in Afghanistan 

20 since 2001, assisted in the exfiltration of thousands 

21 of United States citizens, their own nationals, and 

22 Afghans affiliated with NATO. 

23 (12) In August 2021, at the height of the 

24 United States evacuation operation, ISIS–K carried 

25 out a dual attack striking Hamid Karzai InterVerDate Sep 11 2014 20:06 Sep 29, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2863.IS S2863

pamtmann on DSKBC07HB2PROD with BILLS
6 

•S 2863 IS

1 national Airport and the Baron Hotel, killing more 

2 than 170 civilians, including 13 members of the 

3 United States Armed Forces. 

4 (13) According to the reports of the Depart5 ment of State, as many as 10,000 to 15,000 United 

6 States citizens were in Afghanistan before the evacu7 ation efforts. 

8 (14) As of August 31, 2021, the Department of 

9 State evacuated just over 6,000 United States citi10 zens, leaving untold numbers of United States citi11 zens stranded in Afghanistan with little recourse for 

12 departure. 

13 (15) As of August 31, 2021, the United States 

14 evacuated 705 out of 22,000 Afghans who applied 

15 for special immigrant visas, leaving the vast majority 

16 of Afghans behind and vulnerable to retribution by 

17 the Taliban. 

18 (16) The Taliban continues to hamper the 

19 movement of United States citizens and at-risk Af20 ghans out of Afghanistan. 

21 (17) On September 10, 2021, the Taliban ap22 pointed Sirajjudin Haqqani, a wanted terrorist re23 sponsible for attacks against United States citizens, 

24 as the Taliban minister of interior, ostensibly re25 sponsible for the continued evacuations of United 


pamtmann on DSKBC07HB2PROD with BILLS
7 

•S 2863 IS

1 States citizens and at-risk Afghans out of Afghani2 stan. 

3 (18) A Taliban-led government rooted in Sharia 

4 law would undermine the vital gains made since 

5 2001, particularly with respect to the rule of law 

6 and the rights of women and girls, and would lack 

7 credibility and international legitimacy on the world 

8 stage. 

9 (19) As noted by Human Rights Watch, ‘‘Even 

10 before their takeover of Kabul on August 15, 

11 Taliban forces were already committing atrocities, 

12 including summary executions of government offi13 cials and security force members in their custody.’’. 

14 (20) Since the Taliban’s takeover of Kabul, the 

15 Taliban has raided the homes of journalists and ac16 tivists, as well as members of their families, and re17 stricted girls’ access to education and women’s abil18 ity to work. 

19 (21) The Lead Inspector General reported in 

20 May 2021 that the Taliban had carried out ‘‘dozens 

21 of targeted killings of Afghan civilians, including 

22 government officials, teachers, journalists, medical 

23 workers, and religious scholars’’. 

24 (22) Despite reportedly providing written assur25 ances to donors and the United Nations, the Taliban 


pamtmann on DSKBC07HB2PROD with BILLS
8 

•S 2863 IS

1 also continues to hinder humanitarian access to the 

2 most vulnerable areas and individuals in Afghani3 stan, with an estimated 18,400,000 people, or 

4 roughly half of the population in Afghanistan, cur5 rently in dire need of lifesaving assistance. 

6 (23) Between 2001 and 2020, at least 569 hu7 manitarian workers were targeted for attack in Af8 ghanistan, and in August 2021 alone, at least 240 

9 incidents affecting humanitarian access were re10 ported by relief agencies. 

11 (24) The United States has invested more than 

12 $56,000,000,000 since 2002 in efforts to address 

13 profound humanitarian needs and help the people of 

14 Afghanistan, including women, girls, and religious 

15 and ethnic minorities, realize their democratic and 

16 development aspirations. 

17 (25) Despite consistent challenges, United 

18 States humanitarian and development assistance has 

19 helped expand access to education for more than 

20 3,000,000 girls since 2008, reduce maternal and 

21 child deaths by more than half since 2000, provide 

22 first-time access to safe drinking water for 650,000 

23 people and improved sanitation services for 

24 1,200,000 people since 2016, and catalyze a 3,000- 


pamtmann on DSKBC07HB2PROD with BILLS
9 

•S 2863 IS

1 percent increase in per capita gross domestic prod2 uct between 2002 and 2018. 

3 (26) Following the Taliban takeover in Afghani4 stan, those notable achievements are at risk of rever5 sal, the country stands on the verge of economic col6 lapse, and according to the World Food Programme 

7 of the United Nations, an estimated 14,000,000 peo8 ple are ‘‘marching toward starvation’’. 

9 SEC. 3. DEFINITIONS. 

10 In this Act: 

11 (1) SPECIAL IMMIGRANT VISA PROGRAM.—The 

12 term ‘‘special immigrant visa program’’ means— 

13 (A) the special immigrant visa program 

14 under section 602 of the Afghan Allies Protec15 tion Act of 2009 (Public Law 111–8; 8 U.S.C. 

16 1101 note); and 

17 (B) the special immigrant visa program 

18 under section 1059 of the National Defense Au19 thorization Act for Fiscal Year 2006 (Public 

20 Law 109–163; 8 U.S.C. 1101 note) with re21 spect to nationals of Afghanistan. 

22 (2) TALIBAN.—The term ‘‘Taliban’’ means the 

23 entity— 

24 (A) known as the Taliban; 

25 (B) operating in Afghanistan; and 


pamtmann on DSKBC07HB2PROD with BILLS
10 

•S 2863 IS

1 (C) designated as a specially designated 

2 global terrorist under part 594 of title 31, Code 

3 of Federal Regulations. 

4 (3) TERRORIST GROUP.—The term ‘‘terrorist 

5 group’’ means— 

6 (A) any entity designated as a specially 

7 designated global terrorist under part 594 of 

8 title 31, Code of Federal Regulations (other 

9 than the Taliban); or 

10 (B) any foreign terrorist organization (as 

11 defined in section 219 of the Immigration and 

12 Nationality Act (8 U.S.C. 1189)). 

13 (4) UNITED STATES LAWFUL PERMANENT

14 RESIDENT.—The term ‘‘United States lawful perma15 nent resident’’ means an alien lawfully admitted for 

16 permanent residence to the United States (as de17 fined in section 101(a) of the Immigration and Na18 tionality Act (8 U.S.C. 1101(a))). 


pamtmann on DSKBC07HB2PROD with BILLS
11 

•S 2863 IS

1 TITLE I—STATE DEPARTMENT 

2 AFGHANISTAN TASK FORCE 

3 AND DIPLOMATIC ENGAGE4 MENT 

5 SEC. 101. TASK FORCE ON EVACUATIONS FROM AFGHANI6 STAN. 

7 (a) IN GENERAL.—The Secretary of State shall es8 tablish and maintain a task force dedicated to— 

9 (1) the implementation of a comprehensive 

10 strategy relating to the evacuation of United States 

11 citizens, United States lawful permanent residents, 

12 and applicants for the special immigrant visa pro13 gram, from Afghanistan; and 

14 (2) identifying individuals in Afghanistan who 

15 have— 

16 (A) applied to the United States Refugee 

17 Admissions Program; or 

18 (B) sought entry into the United States as 

19 humanitarian parolees under section 212(d)(5) 

20 of the Immigration and Nationality Act (8 

21 U.S.C. 1182(d)(5)). 

22 (b) FOCUS OF TASK FORCE.—The task force estab23 lished under subsection (a) shall prioritize efforts of the 

24 Department of State— 


pamtmann on DSKBC07HB2PROD with BILLS
12 

•S 2863 IS

1 (1) to account for all United States citizens still 

2 within Afghanistan and ensure all United States citi3 zens have the opportunity to safely depart Afghani4 stan; and 

5 (2) to account for United States lawful perma6 nent residents and applicants for the special immi7 grant visa program still within Afghanistan and help 

8 ensure those individuals have an opportunity to safe9 ly depart Afghanistan. 

10 (c) REPORTING REQUIREMENT.—Not later than one 

11 year after the date of the enactment of this Act, the Sec12 retary of State shall submit to the appropriate congres13 sional committees a report detailing lessons learned from 

14 the task force established under subsection (a), including 

15 such lessons related to the evacuation of United States 

16 citizens, United States lawful permanent residents, and 

17 applicants for the special immigrant visa program, from 

18 Afghanistan. 

19 (d) BRIEFING REQUIREMENT.—The task force estab20 lished under subsection (a) shall provide quarterly brief21 ings to the appropriate congressional committees on— 

22 (1) the strategy described in subsection (a); and 

23 (2) any additional authorities the Department 

24 of State requires to better advance the strategy. 


pamtmann on DSKBC07HB2PROD with BILLS
13 

•S 2863 IS

1 (e) TERMINATION.—The task force established under 

2 subsection (a) shall terminate on the date that is one year 

3 after the date of the enactment of this Act. 

4 (f) APPROPRIATE CONGRESSIONAL COMMITTEES DE5 FINED.—In this section, the term ‘‘appropriate congres6 sional committees’’ means— 

7 (1) the Committee on Foreign Relations of the 

8 Senate; and 

9 (2) the Committee on Foreign Affairs of the 

10 House of Representatives. 

11 SEC. 102. REPORT ON DIPLOMATIC ENGAGEMENT AND 

12 ECONOMIC COOPERATION WITH THE 

13 TALIBAN. 

14 (a) IN GENERAL.—Not later than 120 days after the 

15 date of the enactment of this Act, and not less frequently 

16 than annually thereafter, the Secretary of State, in coordi17 nation with the Administrator of the United States Agen18 cy for International Development and the Secretary of the 

19 Treasury, shall submit to the appropriate congressional 

20 committees a report detailing the manner and extent to 

21 which foreign governments and international organiza22 tions have pursued diplomatic engagement or economic or 

23 security cooperation with the Taliban or members of the 

24 Taliban. 


pamtmann on DSKBC07HB2PROD with BILLS
14 

•S 2863 IS

1 (b) ELEMENTS.—The report required by subsection 

2 (a) shall include a description of— 

3 (1) steps taken by foreign governments and 

4 international organizations toward formal diplomatic 

5 recognition of the Taliban or a government of Af6 ghanistan under the direction or control of the 

7 Taliban or members of the Taliban; 

8 (2) efforts to maintain or re-establish a diplo9 matic presence in Kabul; 

10 (3) the extent to which formal bilateral relation11 ships serve to bolster the Taliban’s credibility on the 

12 world stage; 

13 (4) the scale and scope of economic cooperation 

14 with the Taliban, or any agency or instrumentality 

15 of the Government of Afghanistan under the direc16 tion or control of the Taliban or a member of the 

17 Taliban, by foreign governments and international 

18 organizations, particularly international financial in19 stitutions; 

20 (5) the extent of any assistance provided by for21 eign governments and international organizations to 

22 or through the Taliban or any agency or instrumen23 tality described in paragraph (4), including humani24 tarian, technical, and security assistance; and 


pamtmann on DSKBC07HB2PROD with BILLS
15 

•S 2863 IS

1 (6) major security cooperation activities or ini2 tiatives undertaken by foreign governments with the 

3 Taliban or any agency or instrumentality described 

4 in paragraph (4), including the establishment by a 

5 foreign government of any military presence within 

6 Afghanistan. 

7 (c) FORM OF REPORT; AVAILABILITY.— 

8 (1) FORM.—The report required by subsection 

9 (a) shall be submitted in unclassified form, but may 

10 include a classified annex. 

11 (2) AVAILABILITY.—The unclassified portion of 

12 the report required by subsection (a) shall be made 

13 available on a publicly accessible internet website of 

14 the Department of State. 

15 (d) APPROPRIATE CONGRESSIONAL COMMITTEES

16 DEFINED.—In this section, the term ‘‘appropriate con17 gressional committees’’ means— 

18 (1) the Committee on Foreign Relations of the 

19 Senate; and 

20 (2) the Committee on Foreign Affairs of the 

21 House of Representatives. 


pamtmann on DSKBC07HB2PROD with BILLS
16 

•S 2863 IS

1 SEC. 103. OPPOSITION TO RECOGNITION OF TALIBAN REP2 RESENTATIVE AS AMBASSADOR TO THE 

3 UNITED STATES. 

4 The President should not recognize as the Ambas5 sador of Afghanistan to the United States or accept diplo6 matic credentials from any individual who is a member 

7 of the Taliban. 

8 SEC. 104. OPPOSITION TO PARTICIPATION OF TALIBAN AT 

9 THE UNITED NATIONS AND OTHER MEAS10 URES. 

11 The United States Ambassador to the United Na12 tions should use the voice, vote, and influence of the 

13 United States at the United Nations— 

14 (1) to object to the issuance of credentials to 

15 any member of the delegation of Afghanistan to the 

16 United Nations General Assembly who is a member 

17 of the Taliban, consistent with Rules 27 and 28 of 

18 the Rules of Procedure of the General Assembly; 

19 (2) to ensure that no member of the Taliban 

20 may serve in a leadership position in any United Na21 tions body, fund, program, or specialized agency; 

22 (3) to support a resolution on human rights 

23 abuses committed by the Taliban at the United Na24 tions Human Rights Council and calling for the im25 mediate deployment of human rights monitors to AfVerDate Sep 11 2014 20:06 Sep 29, 2021 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S2863.IS S2863

pamtmann on DSKBC07HB2PROD with BILLS
17 

•S 2863 IS

1 ghanistan under the special procedures of the Coun2 cil; 

3 (4) to demand immediate, unfettered humani4 tarian access to the whole of Afghanistan, including 

5 to prevent famine and to expand access to lifesaving 

6 vaccines and immunizations; and 

7 (5) to prevent diversions of humanitarian as8 sistance delivered through United Nations bodies, 

9 funds, programs, and specialized agencies to individ10 uals and entities subject to sanctions under United 

11 Nations Security Council Resolutions 1988 (2011) 

12 and 2255 (2015), including through the imposition 

13 of duties, fees, or taxes on such humanitarian assist14 ance or the manipulation of beneficiary lists. 

15 SEC. 105. REVISED STRATEGY FOR SOUTH AND CENTRAL 

16 ASIA. 

17 (a) IN GENERAL.—Not later than 90 days after the 

18 date of the enactment of this Act, the President shall sub19 mit to the appropriate congressional committees a strategy 

20 for a path forward for the relationship of the United 

21 States with South and Central Asian countries after the 

22 United States withdrawal from Afghanistan. 

23 (b) ELEMENTS.—The strategy required by subsection 

24 (a) shall include the following elements: 


pamtmann on DSKBC07HB2PROD with BILLS
18 

•S 2863 IS

1 (1) A detailed description of the security and 

2 economic challenges that the Russian Federation, 

3 the People’s Republic of China, and the Taliban 

4 pose to the countries of South and Central Asia, in5 cluding border disputes with South and Central 

6 Asian countries that border the People’s Republic of 

7 China, investments by the Government of the Peo8 ple’s Republic of China in land and sea ports, mili9 tary activities and installations, transportation infra10 structure, and energy projects across the region. 

11 (2) A detailed description of United States ef12 forts to provide alternatives to investment by the 

13 Government of the People’s Republic of China in in14 frastructure and other sectors in South and Central 

15 Asia. 

16 (3) An examination of the areas and sectors in 

17 which South and Central Asian countries are subject 

18 to political, military, information, and diplomatic 

19 pressure from the Russian Federation and the Peo20 ple’s Republic of China. 

21 (4) An examination of the extent to which the 

22 C5+1 format should or should not be changed to re23 flect the new conditions in Afghanistan. 

24 (5) An analysis of the possibilities for access to 

25 and basing in Central Asian countries for the United 


pamtmann on DSKBC07HB2PROD with BILLS
19 

•S 2863 IS

1 States Armed Forces, and overflight of those coun2 tries by United States drones, and the diplomatic 

3 outreach needed to achieve those outcomes. 

4 (6) A detailed description of bilateral and re5 gional efforts to work with countries in South Asia 

6 on strategies to build resilience against efforts of the 

7 Government of the People’s Republic of China and 

8 the Government of the Russian Federation to inter9 fere in their political systems and economies. 

10 (7) A detailed description of United States dip11 lomatic efforts to address the challenges posed by in12 vestment by the Government of the People’s Repub13 lic of China in the mining and mineral sectors in Af14 ghanistan. 

15 (8) Identification of areas where the United 

16 States Government can strengthen diplomatic, eco17 nomic, and defense cooperation with the Government 

18 of India, as appropriate, to address economic and se19 curity challenges posed by the People’s Republic of 

20 China, the Russian Federation, and the Taliban in 

21 the region, and an assessment of how the changes 

22 to India’s security environment resulting from the 

23 Taliban’s takeover of Afghanistan will affect United 

24 States engagement with India. 


pamtmann on DSKBC07HB2PROD with BILLS
20 

•S 2863 IS

1 (9) A description of the coordination mecha2 nisms among key regional and functional bureaus 

3 within the Department of State and the Department 

4 of Defense tasked with engaging with the countries 

5 of South and Central Asia on issues relating to the 

6 People’s Republic of China, the Russian Federation, 

7 and the Taliban. 

8 (10) A description of the efforts being made by 

9 Federal agencies, including the Department of State, 

10 the United States Agency for International Develop11 ment, the Department of Commerce, the Depart12 ment of Energy, and the Office of the United States 

13 Trade Representative, to help the countries of South 

14 and Central Asia develop trade and commerce links 

15 that will help those countries diversify their trade 

16 away from the People’s Republic of China and the 

17 Russian Federation. 

18 (11) A detailed description of United States 

19 diplomatic efforts with South and Central Asian 

20 countries, Turkey, and any other countries with sig21 nificant populations of Uyghurs and other ethnic mi22 norities fleeing persecution in the People’s Republic 

23 of China, to press those countries to refrain from de24 porting ethnic minorities to the People’s Republic of 

25 China, protect ethnic minorities from intimidation by 


pamtmann on DSKBC07HB2PROD with BILLS
21 

•S 2863 IS

1 authorities of the Government of the People’s Re2 public of China, and protect the right to the free3 doms of assembly and expression. 

4 (12) An analysis of the effect ending the denial 

5 of nondiscriminatory treatment to the products of 

6 the Republic of Kazakhstan, the Republic of 

7 Tajikistan, and the Republic of Uzbekistan under 

8 chapter 1 of title IV of the Trade Act of 1974 (com9 monly known as the ‘‘Jackson-Vanik amendment’’) 

10 would have on improving trade and diplomatic rela11 tions with the United States. 

12 (c) FORM OF REPORT; AVAILABILITY.— 

13 (1) FORM.—The strategy required by sub14 section (a) shall be submitted in unclassified form, 

15 but may include a classified annex. 

16 (2) AVAILABILITY.—The unclassified portion of 

17 the strategy required by subsection (a) shall be 

18 made available on a publicly accessible internet 

19 website of the Department of State. 

20 (d) CONSULTATION.—Not later than 120 days after 

21 the date of the enactment of this Act, and not less fre22 quently than annually thereafter for 5 years, the Secretary 

23 of State shall consult with the appropriate congressional 

24 committees regarding the development and implementa25 tion of the strategy required by subsection (a). 


pamtmann on DSKBC07HB2PROD with BILLS
22 

•S 2863 IS

1 (e) DEFINITIONS.—In this section: 

2 (1) APPROPRIATE CONGRESSIONAL COMMIT3 TEES.—The term ‘‘appropriate congressional com4 mittees’’ means— 

5 (A) the Committee on Foreign Relations 

6 and the Committee on Armed Services of the 

7 Senate; and 

8 (B) the Committee on Foreign Affairs and 

9 the Committee on Armed Services of the House 

10 of Representatives. 

11 (2) C5+1 FORMAT.—The term ‘‘C5+1 format’’ 

12 means meetings of representatives of the govern13 ments of the United States, the Republic of 

14 Kazakhstan, the Kyrgyz Republic, the Republic of 

15 Tajikistan, Turkmenistan, and the Republic of Uz16 bekistan. 

17 TITLE II—COUNTERTERRORISM 

18 STRATEGIES AND REPORTS 

19 SEC. 201. COUNTERTERRORISM STRATEGY FOR AFGHANI20 STAN. 

21 (a) IN GENERAL.—Not later than 180 days after the 

22 date of the enactment of this Act, and not less frequently 

23 than annually thereafter, the Secretary of State, in con24 sultation with the Secretary of Defense and the Director 

25 of National Intelligence, shall submit to the appropriate 


pamtmann on DSKBC07HB2PROD with BILLS
23 

•S 2863 IS

1 congressional committees a report setting forth the United 

2 States counterterrorism strategy for Afghanistan and ad3 dressing each of the elements described in subsection (b). 

4 (b) ELEMENTS.—The elements described in this sub5 section are the following: 

6 (1) An assessment of terrorist activity in Af7 ghanistan and threats posed to the United States by 

8 that activity. 

9 (2) An assessment of whether the Taliban is 

10 taking meaningful action to ensure that Afghanistan 

11 is not a safe haven for terrorist groups, such as al 

12 Qaeda or ISIS–K, pursuant to the peace agreement 

13 signed by the United States and the Taliban in 

14 Doha, Qatar, on February 29, 2020, or subsequent 

15 agreements or arrangements. 

16 (3) A detailed description of all discussions, 

17 transactions, deconfliction arrangements, or other 

18 agreements or arrangements with the Taliban. 

19 (4) An assessment of the status of access, bas20 ing, and overflight agreements with countries neigh21 boring Afghanistan that facilitate ongoing United 

22 States counterterrorism missions. 

23 (5) An assessment of the status of— 


pamtmann on DSKBC07HB2PROD with BILLS
24 

•S 2863 IS

1 (A) human intelligence and multi-source 

2 intelligence assets dedicated to Afghanistan; 

3 and 

4 (B) the ability of the United States to de5 tect emerging threats against the United States 

6 and allies and partners of the United States. 

7 (6) A description of the number and types of 

8 intelligence, surveillance, and reconnaissance assets 

9 and strike assets dedicated to Afghanistan counter10 terrorism missions and associated flight times and 

11 times on station for such assets. 

12 (7) An assessment of local or indigenous 

13 counterterrorism partners. 

14 (8) An assessment of risks to the mission and 

15 risks to United States personnel involved in over16 the-horizon counterterrorism options. 

17 (c) FORM.—The report required by subsection (a) 

18 shall be submitted in unclassified form, but may include 

19 a classified annex. 

20 (d) APPROPRIATE CONGRESSIONAL COMMITTEES

21 DEFINED.—In this section, the term ‘‘appropriate con22 gressional committees’’ means— 

23 (1) the Committee on Foreign Relations, the 

24 Committee on Armed Services, and the Select Com25 mittee on Intelligence of the Senate; and 


pamtmann on DSKBC07HB2PROD with BILLS
25 

•S 2863 IS

1 (2) the Committee on Foreign Affairs, the 

2 Committee on Armed Services, and the Permanent 

3 Select Committee on Intelligence of the House of 

4 Representatives. 

5 SEC. 202. REPORT ON ENTITIES PROVIDING SUPPORT FOR 

6 THE TALIBAN. 

7 (a) IN GENERAL.—Not later than 180 days after the 

8 date of the enactment of this Act, and not less frequently 

9 than annually thereafter, the Secretary of State, in con10 sultation with the Secretary of Defense and the Director 

11 of National Intelligence, shall submit to the appropriate 

12 congressional committees a report on entities providing 

13 support to the Taliban. 

14 (b) ELEMENTS OF FIRST REPORT.—The first report 

15 required by subsection (a) shall include— 

16 (1) an assessment of support by state and non17 state actors, including the Government of Pakistan, 

18 for the Taliban between 2001 and 2020, including 

19 the provision of sanctuary space, financial support, 

20 intelligence support, logistics and medical support, 

21 training, equipping, and tactical, operational, or 

22 strategic direction; 

23 (2) an assessment of support by state and non24 state actors, including the Government of Pakistan, 

25 for the 2021 offensive of the Taliban that toppled 


pamtmann on DSKBC07HB2PROD with BILLS
26 

•S 2863 IS

1 the Government of the Islamic Republic of Afghani2 stan, including the provision of sanctuary space, fi3 nancial support, intelligence support, logistics and 

4 medical support, training, equipping, and tactical, 

5 operational, or strategic direction; 

6 (3) an assessment of support by state and non7 state actors, including the Government of Pakistan, 

8 for the September 2021 offensive of the Taliban 

9 against the Panjshir Valley and the Afghan resist10 ance; and 

11 (4) a detailed description of United States dip12 lomatic and military activities undertaken to curtail 

13 support for the 2021 offensive of the Taliban that 

14 toppled the Government of the Islamic Republic of 

15 Afghanistan. 

16 (c) ELEMENTS OF SUBSEQUENT REPORTS.—Each 

17 report required by subsection (a) after the first such re18 port shall include— 

19 (1) an assessment of support by state and non20 state actors for the Taliban, including the provision 

21 of sanctuary space, financial support, intelligence 

22 support, logistics and medical support, training, 

23 equipping, and tactical, operational, or strategic di24 rection; 


pamtmann on DSKBC07HB2PROD with BILLS
27 

•S 2863 IS

1 (2) an assessment of support by state and non2 state actors for offensive actions of the Taliban 

3 against any elements of the Afghan resistance; and 

4 (3) a detailed description of United States dip5 lomatic and military activities undertaken to curtail 

6 support for the Taliban. 

7 (d) FORM.—The report required by subsection (a) 

8 shall be submitted in unclassified form, but may contain 

9 a classified annex. 

10 (e) APPROPRIATE CONGRESSIONAL COMMITTEES DE11 FINED.—In this section, the term ‘‘appropriate congres12 sional committees’’ means— 

13 (1) the Committee on Foreign Relations, the 

14 Committee on Armed Services, and the Select Com15 mittee on Intelligence of the Senate; and 

16 (2) the Committee on Foreign Affairs, the 

17 Committee on Armed Services, and the Permanent 

18 Select Committee on Intelligence of the House of 

19 Representatives. 

20 SEC. 203. REPORT AND STRATEGY ON UNITED STATES-ORI21 GIN DEFENSE ARTICLES AND SERVICES PRO22 VIDED TO AFGHANISTAN. 

23 (a) REPORT REQUIRED.— 

24 (1) IN GENERAL.—Not later than 90 days after 

25 the date of the enactment of this Act, the Secretary 


pamtmann on DSKBC07HB2PROD with BILLS
28 

•S 2863 IS

1 of State, the Secretary of Defense, and the Director 

2 of National Intelligence shall submit to the appro3 priate congressional committees a report on United 

4 States-origin defense articles and defense services 

5 provided to the Government of Afghanistan on or 

6 before August 14, 2021. 

7 (2) ELEMENTS.—The report required by para8 graph (1) shall include— 

9 (A) an inventory of all United States-origin 

10 defense articles and defense services provided to 

11 the Government of Afghanistan; 

12 (B) an assessment of the current location 

13 and disposition of all such articles; 

14 (C) an assessment of the risks that such 

15 articles pose to United States citizens and in16 terests, regional security, and the people of Af17 ghanistan; 

18 (D) an assessment of the most sensitive 

19 training provided by the United States to Af20 ghan forces and the current location and status 

21 of Afghans who received such training; and 

22 (E) an assessment of the counterintel23 ligence risk if the Taliban provides access to 

24 United States-origin defense articles to the 


pamtmann on DSKBC07HB2PROD with BILLS
29 

•S 2863 IS

1 Russian Federation, Iran, or the People’s Re2 public of China. 

3 (b) STRATEGY REQUIRED.— 

4 (1) IN GENERAL.—Not later than 120 days 

5 after the date of the enactment of this Act, the Sec6 retary of State, the Secretary of Defense, and the 

7 Director of National Intelligence shall submit to the 

8 appropriate congressional committees a strategy on 

9 United States-origin defense articles and defense 

10 services provided to the Government of Afghanistan. 

11 (2) ELEMENTS.—The strategy required under 

12 subsection (d) shall include— 

13 (A) a plan to recover, destroy, or de-milita14 rize United States-origin defense articles that 

15 pose a significant risk to United States citizens 

16 and interests, regional security, or the people of 

17 Afghanistan; and 

18 (B) a plan— 

19 (i) to identify Afghan personnel whose 

20 training could present a significant risk to 

21 regional security or to the people of Af22 ghanistan; and 

23 (ii) to ensure such personnel are not 

24 coerced to support the Taliban or other 

25 hostile forces. 


pamtmann on DSKBC07HB2PROD with BILLS
30 

•S 2863 IS

1 (c) FORM.—The report required by subsection (a) 

2 and the strategy required by subsection (b) shall be sub3 mitted in unclassified form, but may include a classified 

4 annex. 

5 (d) DEFINITIONS.—In this section: 

6 (1) APPROPRIATE CONGRESSIONAL COMMIT7 TEES.—The term ‘‘appropriate congressional com8 mittees’’ means— 

9 (A) the Committee on Foreign Relations, 

10 the Committee on Armed Services, and the Se11 lect Committee on Intelligence of the Senate; 

12 and 

13 (B) the Committee on Foreign Affairs, the 

14 Committee on Armed Services, and the Perma15 nent Select Committee on Intelligence of the 

16 House of Representatives. 

17 (2) DEFENSE ARTICLE; DEFENSE SERVICE; 

18 TRAINING.—The terms ‘‘defense article’’, ‘‘defense 

19 service’’, and ‘‘training’’ have the meanings given 

20 those terms in section 47 of the Arms Export Con21 trol Act (22 U.S.C. 2794). 


pamtmann on DSKBC07HB2PROD with BILLS
31 

•S 2863 IS

1 TITLE III—MATTERS RELATING 

2 TO HOSTAGES, SPECIAL IMMI3 GRANT VISA APPLICANTS, 

4 AND REFUGEES 

5 SEC. 301. REPORT ON HOSTAGES TAKEN BY THE TALIBAN. 

6 (a) IN GENERAL.—Not later than 180 days after the 

7 date of the enactment of this Act, and not less frequently 

8 than annually thereafter, the Secretary of State shall sub9 mit to the appropriate congressional committees a report 

10 detailing the extent to which the Taliban has engaged in 

11 the politically motivated taking or release of hostages or 

12 otherwise is engaging in practices of unlawful or wrongful 

13 detention. 

14 (b) ELEMENTS.—The report required by subsection 

15 (a) shall include, at a minimum— 

16 (1) an assessment of whether there is credible 

17 information that detained United States citizens or 

18 United States lawful permanent residents are being 

19 held hostage or are being detained unlawfully or 

20 wrongfully by the Taliban; and 

21 (2) an assessment of whether there is credible 

22 information that citizens of NATO allies are being 

23 held hostage or are being detained unlawfully or 

24 wrongfully by the Taliban. 


pamtmann on DSKBC07HB2PROD with BILLS
32 

•S 2863 IS

1 (c) FORM.—The report required by subsection (a) 

2 shall be submitted in unclassified form, but may include 

3 a classified annex. 

4 (d) APPROPRIATE CONGRESSIONAL COMMITTEES

5 DEFINED.—In this section, the term ‘‘appropriate con6 gressional committees’’ means— 

7 (1) the Committee on Foreign Relations of the 

8 Senate; and 

9 (2) the Committee on Foreign Affairs of the 

10 House of Representatives. 

11 SEC. 302. BRIEFINGS ON STATUS OF SPECIAL IMMIGRANT 

12 VISA APPLICANTS, REFUGEES, AND PAROL13 EES. 

14 (a) IN GENERAL.—Not later than 10 days after the 

15 date of the enactment of this Act, and every 15 days there16 after until September 30, 2022, the Secretary of State, 

17 in consultation with the Secretary of Homeland Security, 

18 shall provide a briefing to the Committee on Foreign Rela19 tions of the Senate and the Committee on Foreign Affairs 

20 of the House of Representatives on the status of— 

21 (1) the processing of applications for the special 

22 immigrant visa program; and 

23 (2) refugee and parolee designations for nation24 als of Afghanistan. 

25 (b) ELEMENTS.— 


pamtmann on DSKBC07HB2PROD with BILLS
33 

•S 2863 IS

1 (1) INITIAL BRIEFING.—The initial briefing re2 quired by subsection (a) shall include, for the period 

3 beginning on August 1, 2021, and ending on the 

4 date of the briefing— 

5 (A)(i) the number of nationals of Afghani6 stan who have— 

7 (I) submitted applications for— 

8 (aa) the special immigrant visa 

9 program; or 

10 (bb) resettlement in the United 

11 States through the United States Ref12 ugee Admissions Program; or 

13 (II) sought entry to the United States 

14 as humanitarian parolees under section 

15 212(d)(5) of the Immigration and Nation16 ality Act (8 U.S.C. 1182(d)(5)); and 

17 (ii) the status of such nationals of Afghan18 istan; 

19 (B) the number of Department of State 

20 and Department of Homeland Security employ21 ees assigned to processing applications de22 scribed in subparagraph (A)(i)(I) and adjudi23 cating the entry of nationals of Afghanistan as 

24 humanitarian parolees; 


pamtmann on DSKBC07HB2PROD with BILLS
34 

•S 2863 IS

1 (C) the location of each national of Af2 ghanistan who has submitted such an applica3 tion or sought entry to the United States as a 

4 humanitarian parolee; 

5 (D) the status of any agreement between 

6 the United States and any foreign government 

7 that is hosting such nationals of Afghanistan; 

8 (E) an assessment of any required revision 

9 to the levels and forms of United States foreign 

10 assistance provided to entities supporting such 

11 nationals of Afghanistan; and 

12 (F) the status of any national of Afghani13 stan who— 

14 (i) after July 1, 2021, submitted an 

15 application described in subparagraph 

16 (A)(i)(I) or sought entry to the United 

17 States as a humanitarian parolee; and 

18 (ii) failed to meet United States vet19 ting requirements. 

20 (2) SUBSEQUENT BRIEFINGS.—Each subse21 quent briefing required by subsection (a) shall in22 clude the information described in subparagraphs 

23 (A) through (F) of paragraph (1) for the preceding 

24 15-day period. 


pamtmann on DSKBC07HB2PROD with BILLS
35 

•S 2863 IS

1 (c) FORM.—A briefing required by subsection (a) 

2 may be provided in classified form, as necessary. 

3 (d) WRITTEN MATERIALS.—The Secretary of State 

4 may submit written materials in conjunction with a brief5 ing under this section. 

6 TITLE IV—RESTRICTIONS ON 

7 FOREIGN ASSISTANCE 

8 SEC. 401. STATEMENT OF POLICY ON UNITED STATES AS9 SISTANCE IN AFGHANISTAN. 

10 (a) IN GENERAL.—It is the policy of the United 

11 States not to provide foreign assistance, including develop12 ment assistance, economic support, or security assistance 

13 under parts I and II of the Foreign Assistance Act of 

14 1961 (22 U.S.C. 2151 et seq.), the Millennium Challenge 

15 Act of 2003 (22 U.S.C. 7701 et seq.), the Better Utiliza16 tion of Investments Leading to Development Act of 2018 

17 (22 U.S.C. 9601 et seq.), the FREEDOM Support Act 

18 (22 U.S.C. 5801 et seq.), or section 23 of the Arms Ex19 port Control Act (22 U.S.C. 2763), to or through the 

20 Taliban, or in a manner that would directly benefit the 

21 Taliban in Afghanistan. 

22 (b) HUMANITARIAN ASSISTANCE.—It is the policy of 

23 the United States to support the provision of humani24 tarian assistance for displaced and conflict-affected per25 sons in Afghanistan consistent with chapter 9 of the ForVerDate Sep 11 2014 20:06 Sep 29, 2021 Jkt 019200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S2863.IS S2863

pamtmann on DSKBC07HB2PROD with BILLS
36 

•S 2863 IS

1 eign Assistance Act of 1961 (22 U.S.C. 2292 et seq.), pro2 vided that such assistance is not provided to or through 

3 the Taliban or entities controlled by the Taliban or per4 sons with respect to which sanctions have been imposed 

5 under section 602 or 603. 

6 (c) STRATEGY.—Not later than 30 days after the 

7 date of the enactment of this Act, the President shall brief 

8 the appropriate congressional committees on the United 

9 States strategy to ensure the safe and timely delivery of 

10 targeted humanitarian assistance in Afghanistan, includ11 ing by enabling humanitarian organizations to access re12 lated financial services, consistent with this section. 

13 SEC. 402. HUMANITARIAN ASSISTANCE TO COUNTRIES AND 

14 ORGANIZATIONS SUPPORTING AFGHAN REF15 UGEES AND AFGHAN ALLIES OF THE UNITED 

16 STATES. 

17 Subject to section 403, it is the policy of the United 

18 States to support the provision of humanitarian assistance 

19 for displaced and conflict-affected persons seeking refuge 

20 from Afghanistan in third countries, as well as for hosting 

21 communities with measurable need in such third countries. 


pamtmann on DSKBC07HB2PROD with BILLS
37 

•S 2863 IS

1 SEC. 403. REVIEW OF FOREIGN ASSISTANCE TO COUNTRIES 

2 AND ORGANIZATIONS SUPPORTING THE 

3 TALIBAN. 

4 (a) IN GENERAL.—Not later than 180 days after the 

5 date of the enactment of this Act, and not less than annu6 ally thereafter, the Secretary of State, in consultation with 

7 the appropriate congressional committees, shall conduct a 

8 comprehensive review of all forms of United States foreign 

9 assistance provided to or through the government of any 

10 country or any organization providing any form of mate11 rial support to the Taliban, utilizing transparent metrics 

12 to measure the forms, amounts, goals, objectives, bench13 marks, and outcomes of such assistance. 

14 (b) AID SUSPENSION.— 

15 (1) IN GENERAL.—The Secretary of State shall 

16 suspend all forms of United States foreign assist17 ance not covered by an exception under section 

18 606(b)(3) provided to or through a government or 

19 organization described in subsection (a). 

20 (2) TERMINATION.—The suspension of United 

21 States foreign assistance under paragraph (1) shall 

22 cease to be in effect on the date on which the Sec23 retary— 

24 (A) has certified to the appropriate con25 gressional committees that the government or 

26 organization subject to such suspension has 


pamtmann on DSKBC07HB2PROD with BILLS
38 

•S 2863 IS

1 ceased to provide material support to the 

2 Taliban; or 

3 (B) has submitted to the appropriate con4 gressional committees a certification described 

5 in section 606(c). 

6 (3) WAIVER.—The Secretary may waive the 

7 suspension of United States foreign assistance re8 quired under paragraph (1) if, not later than 10 

9 days before issuing such a waiver, the Secretary cer10 tifies to the appropriate congressional committees 

11 that— 

12 (A) providing such assistance is in the na13 tional security interest of the United States; 

14 and 

15 (B) sufficient safeguards are in place to 

16 ensure that no United States assistance is di17 verted to support the Taliban. 

18 SEC. 404. APPROPRIATE CONGRESSIONAL COMMITTEES 

19 DEFINED. 

20 In this title, the term ‘‘appropriate congressional 

21 committees’’ means— 

22 (1) the Committee on Foreign Relations of the 

23 Senate; and 

24 (2) the Committee on Foreign Affairs of the 

25 House of Representatives. 


pamtmann on DSKBC07HB2PROD with BILLS
39 

•S 2863 IS

1 TITLE V—HUMAN RIGHTS IN 

2 AFGHANISTAN 

3 SEC. 501. REPORT ON HUMAN RIGHTS ABUSES BY THE 

4 TALIBAN. 

5 (a) IN GENERAL.—Not later than 180 days after the 

6 date of the enactment of this Act, and not less frequently 

7 than annually thereafter, the Secretary of State shall sub8 mit to the appropriate congressional committees a report 

9 detailing the extent to which the Taliban, or any agency 

10 or instrumentality of the Government of Afghanistan 

11 under the direction or control of the Taliban or a member 

12 of the Taliban, has carried out or facilitated serious 

13 human rights abuse. 

14 (b) ELEMENTS.—The report required by subsection 

15 (a) shall include— 

16 (1) an assessment of the Taliban’s respect for 

17 the rule of law, press freedom, and human rights, in18 cluding the rights of women, girls, and minorities, in 

19 Afghanistan; 

20 (2) an assessment of the extent to which the 

21 Government of Afghanistan has adhered to the basic 

22 human rights standards set out in the United Na23 tions International Covenant on Civil and Political 

24 Rights, which was ratified by Afghanistan in 1983, 

25 and the Universal Declaration of Human Rights; 


pamtmann on DSKBC07HB2PROD with BILLS
40 

•S 2863 IS

1 (3) a description of the scale and scope of any 

2 incidents of arbitrary arrest or extrajudicial execu3 tion; 

4 (4) an assessment of the degree to which Af5 ghans who formerly served as part of the inter6 nationally recognized government of Afghanistan or 

7 who have ties to the United States have been the 

8 target of Taliban-supported revenge killings, en9 forced disappearances, or other forms of abuse, in10 cluding torture; 

11 (5) a detailed description of how the rights of 

12 women, girls, and minorities in Afghanistan have 

13 been impacted, specifically with respect to access to 

14 education, freedom of movement, and right to em15 ployment, since the Taliban’s seizure of power in 

16 August 2021; 

17 (6) an evaluation of the ability of human rights 

18 defenders, female activists, and journalists to freely 

19 operate in Afghanistan without fear of reprisal; 

20 (7) an assessment of whether any of the abuses 

21 carried out by the Taliban, or any agency or instru22 mentality described in subsection (a), constitute war 

23 crimes or crimes against humanity; and 


pamtmann on DSKBC07HB2PROD with BILLS
41 

•S 2863 IS

1 (8) a description of any steps taken to impede 

2 access by independent human rights monitors and 

3 United Nations investigators. 

4 (c) FORM.—The report required by subsection (a) 

5 shall be provided in unclassified form, but may include a 

6 classified annex. 

7 (d) APPROPRIATE CONGRESSIONAL COMMITTEES

8 DEFINED.—In this section, the term ‘‘appropriate con9 gressional committees’’ means— 

10 (1) the Committee on Foreign Relations of the 

11 Senate; and 

12 (2) the Committee on Foreign Affairs of the 

13 House of Representatives. 

14 TITLE VI—SANCTIONS WITH 

15 RESPECT TO THE TALIBAN 

16 SEC. 601. DEFINITIONS. 

17 In this title: 

18 (1) ADMISSION; ADMITTED; ALIEN.—The terms 

19 ‘‘admission’’, ‘‘admitted’’, and ‘‘alien’’ have the 

20 meanings given those terms in section 101 of the 

21 Immigration and Nationality Act (8 U.S.C. 1101). 

22 (2) AGRICULTURAL COMMODITY.—The term 

23 ‘‘agricultural commodity’’ has the meaning given 

24 that term in section 102 of the Agricultural Trade 

25 Act of 1978 (7 U.S.C. 5602). 


pamtmann on DSKBC07HB2PROD with BILLS
42 

•S 2863 IS

1 (3) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committee on Foreign Relations 

5 and the Committee on Banking, Housing, and 

6 Urban Affairs of the Senate; and 

7 (B) the Committee on Foreign Affairs and 

8 the Committee on Financial Services of the 

9 House of Representatives. 

10 (4) FOREIGN PERSON.—The term ‘‘foreign per11 son’’— 

12 (A) means a person that is not a United 

13 States person; and 

14 (B) includes an agency or instrumentality 

15 of a foreign government. 

16 (5) MEDICAL DEVICE.—The term ‘‘medical de17 vice’’ has the meaning given the term ‘‘device’’ in 

18 section 201 of the Federal Food, Drug, and Cos19 metic Act (21 U.S.C. 321). 

20 (6) MEDICINE.—The term ‘‘medicine’’ has the 

21 meaning given the term ‘‘drug’’ in section 201 of the 

22 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

23 321). 

24 (7) UNITED STATES PERSON.—The term 

25 ‘‘United States person’’ means— 


pamtmann on DSKBC07HB2PROD with BILLS
43 

•S 2863 IS

1 (A) a citizen of the United States or an 

2 alien lawfully admitted for permanent residence 

3 to the United States; or 

4 (B) an entity organized under the laws of 

5 the United States or any jurisdiction within the 

6 United States, including a foreign branch of 

7 such entity. 

8 SEC. 602. IMPOSITION OF SANCTIONS WITH RESPECT TO 

9 ACTIVITIES OF THE TALIBAN AND OTHERS IN 

10 AFGHANISTAN. 

11 (a) SANCTIONS RELATING TO SUPPORT FOR TER12 RORISM.—On and after the date that is 90 days after the 

13 date of the enactment of this Act, the President shall im14 pose the sanctions described in subsection (d) with respect 

15 to each foreign person, including any member of the 

16 Taliban, that the President determines provides financial, 

17 material, or technological support for, or financial or other 

18 services to or in support of, any terrorist group in Afghan19 istan. 

20 (b) SANCTIONS RELATING TO HUMAN RIGHTS

21 ABUSES.—On and after the date that is 90 days after the 

22 date of the enactment of this Act, the President shall im23 pose the sanctions described in subsection (d) with respect 

24 to each foreign person, including any member of the 

25 Taliban, that the President determines is responsible for, 


pamtmann on DSKBC07HB2PROD with BILLS
44 

•S 2863 IS

1 complicit in, or has directly or indirectly engaged in, seri2 ous human rights abuses in Afghanistan. 

3 (c) SANCTIONS RELATING TO DRUG TRAFFICKING.— 

4 On and after the date that is 90 days after the date of 

5 the enactment of this Act, the President shall impose the 

6 sanctions described in subsection (d) with respect to each 

7 foreign person, including any member of the Taliban, that 

8 the President determines— 

9 (1) plays a significant role in international nar10 cotics trafficking centered in Afghanistan; or 

11 (2) provides significant financial, material, or 

12 technological support for, or financial or other serv13 ices to or in support of, any person described in 

14 paragraph (1). 

15 (d) SANCTIONS DESCRIBED.—The sanctions de16 scribed in this subsection are the following: 

17 (1) PROPERTY BLOCKING.—The exercise of all 

18 of the powers granted to the President under the 

19 International Emergency Economic Powers Act (50 

20 U.S.C. 1701 et seq.) to the extent necessary to block 

21 and prohibit all transactions in property and inter22 ests in property of a foreign person described in sub23 section (a), (b), or (c) if such property and interests 

24 in property are in the United States, come within 


pamtmann on DSKBC07HB2PROD with BILLS
45 

•S 2863 IS

1 the United States, or come within the possession or 

2 control of a United States person. 

3 (2) INELIGIBILITY FOR VISAS, ADMISSION, OR

4 PAROLE.— 

5 (A) VISAS, ADMISSION, OR PAROLE.—An 

6 alien described in subsection (a), (b), or (c) 

7 shall be— 

8 (i) inadmissible to the United States; 

9 (ii) ineligible to receive a visa or other 

10 documentation to enter the United States; 

11 and 

12 (iii) otherwise ineligible to be admitted 

13 or paroled into the United States or to re14 ceive any other benefit under the Immigra15 tion and Nationality Act (8 U.S.C. 1101 et 

16 seq.). 

17 (B) CURRENT VISAS REVOKED.— 

18 (i) IN GENERAL.—The visa or other 

19 entry documentation of any alien described 

20 in subsection (a), (b), or (c) is subject to 

21 revocation regardless of the issue date of 

22 the visa or other entry documentation. 

23 (ii) IMMEDIATE EFFECT.—A revoca24 tion under clause (i) shall— 

25 (I) take effect immediately; and 


pamtmann on DSKBC07HB2PROD with BILLS
46 

•S 2863 IS

1 (II) cancel any other valid visa or 

2 entry documentation that is in the 

3 possession of the alien. 

4 SEC. 603. IMPOSITION OF SANCTIONS WITH RESPECT TO 

5 SUPPORTERS OF THE TALIBAN. 

6 (a) IN GENERAL.—On and after the date that is 180 

7 days after the date of the enactment of this Act, the Presi8 dent may impose the sanctions described in subsection (c) 

9 with respect to any foreign person that the President de10 termines provides support described in subsection (b) to 

11 or in support of— 

12 (1) the Taliban or any member of the Taliban; 

13 or 

14 (2) any agency or instrumentality of the Gov15 ernment of Afghanistan under the direction or con16 trol of— 

17 (A) the Taliban or a member of the 

18 Taliban; or 

19 (B) another terrorist group or a member of 

20 such a group. 

21 (b) SUPPORT DESCRIBED.—Support described in this 

22 subsection is any of the following: 

23 (1) Military or paramilitary training. 

24 (2) Logistical or intelligence support. 

25 (3) Safe haven. 


pamtmann on DSKBC07HB2PROD with BILLS
47 

•S 2863 IS

1 (4) Financial, material, or technological sup2 port. 

3 (5) Financial or other services. 

4 (c) SANCTIONS DESCRIBED.—The sanctions de5 scribed in this subsection are the following: 

6 (1) PROPERTY BLOCKING.—The exercise of all 

7 of the powers granted to the President under the 

8 International Emergency Economic Powers Act (50 

9 U.S.C. 1701 et seq.) to the extent necessary to block 

10 and prohibit all transactions in property and inter11 ests in property of a foreign person described in sub12 section (a) if such property and interests in property 

13 are in the United States, come within the United 

14 States, or come within the possession or control of 

15 a United States person. 

16 (2) INELIGIBILITY FOR VISAS, ADMISSION, OR

17 PAROLE.— 

18 (A) VISAS, ADMISSION, OR PAROLE.—An 

19 alien described in subsection (a) may be— 

20 (i) inadmissible to the United States; 

21 (ii) ineligible to receive a visa or other 

22 documentation to enter the United States; 

23 and 

24 (iii) otherwise ineligible to be admitted 

25 or paroled into the United States or to reVerDate Sep 11 2014 20:06 Sep 29, 2021 Jkt 019200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S2863.IS S2863

pamtmann on DSKBC07HB2PROD with BILLS
48 

•S 2863 IS

1 ceive any other benefit under the Immigra2 tion and Nationality Act (8 U.S.C. 1101 et 

3 seq.). 

4 (B) CURRENT VISAS REVOKED.— 

5 (i) IN GENERAL.—The visa or other 

6 entry documentation of any alien described 

7 in subsection (a) is subject to revocation 

8 regardless of the issue date of the visa or 

9 other entry documentation. 

10 (ii) IMMEDIATE EFFECT.—A revoca11 tion under clause (i) shall— 

12 (I) take effect immediately; and 

13 (II) cancel any other valid visa or 

14 entry documentation that is in the 

15 possession of the alien. 

16 SEC. 604. SUPPORT FOR MULTILATERAL SANCTIONS WITH 

17 RESPECT TO THE TALIBAN. 

18 (a) VOICE AND VOTE AT UNITED NATIONS.—The 

19 Secretary of State shall use the voice and vote of the 

20 United States at the United Nations to maintain the sanc21 tions with respect to the Taliban described in and imposed 

22 pursuant to United Nations Security Council Resolution 

23 1988 (2011) and United Nations Security Council Resolu24 tion 2255 (2015). 


pamtmann on DSKBC07HB2PROD with BILLS
49 

•S 2863 IS

1 (b) ENGAGEMENT WITH ALLIES AND PARTNERS.— 

2 The Secretary of State shall, acting through the Office 

3 of Sanctions Coordination established under section 1(h) 

4 of the State Department Basic Authorities Act of 1956 

5 (22 U.S.C. 2651a(h)), engage with the governments of al6 lies and partners of the United States to promote their 

7 use of sanctions against the Taliban, particularly for any 

8 support for terrorism, serious human rights abuses, or 

9 international narcotics trafficking. 

10 SEC. 605. IMPLEMENTATION; PENALTIES. 

11 (a) IMPLEMENTATION.—The President may exercise 

12 all authorities provided under sections 203 and 205 of the 

13 International Emergency Economic Powers Act (50 

14 U.S.C. 1702 and 1704) to carry out this title. 

15 (b) PENALTIES.—A person that violates, attempts to 

16 violate, conspires to violate, or causes a violation of this 

17 title or any regulation, license, or order issued to carry 

18 out this title shall be subject to the penalties set forth in 

19 subsections (b) and (c) of section 206 of the International 

20 Emergency Economic Powers Act (50 U.S.C. 1705) to the 

21 same extent as a person that commits an unlawful act de22 scribed in subsection (a) of that section. 

23 (c) REPORT ON IMPLEMENTATION OF SANCTIONS.— 

24 (1) IN GENERAL.—Not later than 90 days after 

25 the date of the enactment of this Act, and every 90 


pamtmann on DSKBC07HB2PROD with BILLS
50 

•S 2863 IS

1 days thereafter, the Secretary of State and the Sec2 retary of the Treasury shall jointly submit to the ap3 propriate congressional committees a report on the 

4 implementation of sanctions under this title. 

5 (2) ELEMENTS.—Each report required by para6 graph (1) shall include the following: 

7 (A) A description of the number and iden8 tity of foreign persons with respect to which 

9 sanctions were imposed under sections 602 and 

10 603 during the 90-day period preceding submis11 sion of the report. 

12 (B) A description of the efforts of the 

13 United States Government to maintain sanc14 tions on the Taliban at the United Nations pur15 suant to section 604(a) during that period. 

16 (C) A description of the impact of sanc17 tions imposed under sections 602 and 603 on 

18 the behavior of the Taliban, other groups, and 

19 other foreign governments during that period. 

20 SEC. 606. WAIVERS; EXCEPTIONS; SUSPENSION. 

21 (a) WAIVER.—The President may waive the applica22 tion of sanctions under this title with respect to a foreign 

23 person if the President, not later than 10 days before the 

24 waiver is to take effect, determines and certifies to the 

25 appropriate congressional committees that such a waiver 


pamtmann on DSKBC07HB2PROD with BILLS
51 

•S 2863 IS

1 is in the vital national security interest of the United 

2 States. The President shall submit with the certification 

3 a detailed justification explaining the reasons for the waiv4 er. 

5 (b) EXCEPTIONS.— 

6 (1) EXCEPTION FOR INTELLIGENCE ACTIVI7 TIES.—Sanctions under this title shall not apply to 

8 any activity subject to the reporting requirements 

9 under title V of the National Security Act of 1947 

10 (50 U.S.C. 3091 et seq.) or any authorized intel11 ligence activities of the United States. 

12 (2) EXCEPTION TO COMPLY WITH INTER13 NATIONAL OBLIGATIONS AND FOR LAW ENFORCE14 MENT ACTIVITIES.—Sanctions under section 

15 602(d)(2) or 603(c)(2) shall not apply with respect 

16 to an alien if admitting or paroling the alien into the 

17 United States is necessary— 

18 (A) to permit the United States to comply 

19 with the Agreement regarding the Head20 quarters of the United Nations, signed at Lake 

21 Success June 26, 1947, and entered into force 

22 November 21, 1947, between the United Na23 tions and the United States, or other applicable 

24 international obligations; or 


pamtmann on DSKBC07HB2PROD with BILLS
52 

•S 2863 IS

1 (B) to carry out or assist law enforcement 

2 activity in the United States. 

3 (3) EXCEPTIONS FOR HUMANITARIAN PUR4 POSES.— 

5 (A) IN GENERAL.—Sanctions under this 

6 title shall not apply with respect to the fol7 lowing activities: 

8 (i) Activities to support humanitarian 

9 projects to meet basic human needs in Af10 ghanistan, including— 

11 (I) disaster relief; 

12 (II) assistance to refugees, inter13 nally displaced persons, and conflict 

14 victims; 

15 (III) provision of health services; 

16 and 

17 (IV) provision of agricultural 

18 commodities, food, medicine, medical 

19 devices, or other articles to provide 

20 humanitarian assistance to the people 

21 of Afghanistan. 

22 (ii) Activities to support democracy 

23 building in Afghanistan, including projects 

24 relating to the rule of law, citizen particiVerDate Sep 11 2014 20:06 Sep 29, 2021 Jkt 019200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S2863.IS S2863

pamtmann on DSKBC07HB2PROD with BILLS
53 

•S 2863 IS

1 pation, government accountability, and 

2 civil society development. 

3 (iii) Activities determined by the Sec4 retary of State to be appropriate for sup5 porting education in Afghanistan and that 

6 do not directly benefit the Taliban, includ7 ing combating illiteracy, increasing access 

8 to education, particularly for girls, and as9 sisting education reform projects. 

10 (iv) Activities that do not directly ben11 efit the Taliban to prevent infectious dis12 ease and promote maternal and child 

13 health, food security, and clean water as14 sistance. 

15 (v) Transactions necessary and inci16 dent to activities described in clauses (i) 

17 through (v). 

18 (vi) Transactions incident to travel 

19 into or out of Afghanistan on a commercial 

20 or charter flight or through a land border 

21 crossing. 

22 (B) PERSONAL COMMUNICATION.—Sanc23 tions under this title shall not apply to any 

24 postal, telegraphic, telephonic, or other personal 


pamtmann on DSKBC07HB2PROD with BILLS
54 

•S 2863 IS

1 communication that does not involve a transfer 

2 of anything of value. 

3 (C) INTERNET COMMUNICATIONS.—Sanc4 tions under this title shall not apply to the pro5 vision of— 

6 (i) services incident to the exchange of 

7 personal communications over the internet 

8 or software necessary to enable such serv9 ices; 

10 (ii) hardware necessary to enable such 

11 services; or 

12 (iii) hardware, software, or technology 

13 necessary for access to the internet. 

14 (D) GOODS, SERVICES, OR TECHNOLOGIES

15 NECESSARY TO ENSURE THE SAFE OPERATION

16 OF COMMERCIAL AIRCRAFT.—Sanctions under 

17 this title shall not apply to the provision of 

18 goods, services, or technologies necessary to en19 sure the safe operation of commercial aircraft 

20 produced in the United States or commercial 

21 aircraft into which aircraft components pro22 duced in the United States are incorporated, if 

23 the provision of such goods, services, or tech24 nologies is approved by the Secretary of the 

25 Treasury, in consultation with the Secretary of 


pamtmann on DSKBC07HB2PROD with BILLS
55 

•S 2863 IS

1 Commerce, pursuant to regulations prescribed 

2 by the Secretary of the Treasury regarding the 

3 provision of such goods, services, or tech4 nologies, if appropriate. 

5 (4) EXCEPTION RELATING TO IMPORTATION OF

6 GOODS.— 

7 (A) IN GENERAL.—The authorities and re8 quirements to impose sanctions authorized 

9 under this title shall not include the authority 

10 or a requirement to impose sanctions on the im11 portation of goods. 

12 (B) GOOD DEFINED.—In this paragraph, 

13 the term ‘‘good’’ means any article, natural or 

14 manmade substance, material, supply, or manu15 factured product, including inspection and test 

16 equipment, and excluding technical data. 

17 (c) SUSPENSION OF SANCTIONS.— 

18 (1) SUSPENSION.—The Secretary of State, in 

19 consultation with the Secretary of Defense, the Di20 rector of National Intelligence, and the Secretary of 

21 the Treasury, may suspend the imposition of sanc22 tions under this title if the Secretary of State cer23 tifies in writing to the appropriate congressional 

24 committees that the Taliban has— 


pamtmann on DSKBC07HB2PROD with BILLS
56 

•S 2863 IS

1 (A) publicly and privately broken all ties 

2 with other terrorist groups, including al Qaeda; 

3 (B) verifiably prevented the use of Afghan4 istan as a platform for terrorist attacks against 

5 the United States or partners or allies of the 

6 United States, including by denying sanctuary 

7 space, transit of Afghan territory, and use of 

8 Afghanistan for terrorist training, planning, or 

9 equipping; 

10 (C) provided humanitarian actors with full, 

11 unimpeded access to vulnerable populations 

12 throughout Afghanistan without interference or 

13 diversion; 

14 (D) respected freedom of movement, in15 cluding by facilitating the departure of foreign 

16 nationals, applicants for the special immigrant 

17 visa program, and other at-risk Afghans by air 

18 or land routes, and the safe, voluntary, and dig19 nified return of displaced persons; and 

20 (E) supported the establishment of an in21 clusive government of Afghanistan that respects 

22 the rule of law, press freedom, and human 

23 rights, including the rights of women and girls. 

24 (2) REPORT REQUIRED.—The Secretary of 

25 State shall submit to the appropriate congressional 


pamtmann on DSKBC07HB2PROD with BILLS
57 

•S 2863 IS

1 committees with any certification under paragraph 

2 (1) a report addressing in detail each of the criteria 

3 for the suspension of sanctions under paragraph (1). 

4 Such report shall be submitted in unclassified form. 

5 TITLE VII—GENERAL 

6 PROVISIONS 

7 SEC. 701. TERMINATION. 

8 This Act shall terminate on the date that is 10 years 

9 after the date of the enactment of this Act. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS