I 
117TH CONGRESS 
1ST SESSION H. R. 5127 
To provide transparency regarding critical aspects of the United States with-
drawal from Afghanistan, to prevent United States support to the 
Taliban, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 31, 2021 
Mr. GALLAGHER (for himself, Mr. MCCARTHY, Ms. STEFANIK, Mr. MCCAUL, 
Mr. ROGERS of Alabama, Mrs. HARTZLER, Mr. STEIL, Mr. BUDD, Mr. 
BABIN, Mr. VAN DREW, Mrs. MILLER-MEEKS, Mr. FITZGERALD, Mr. 
STAUBER, Mr. LATURNER, Mr. RICE of South Carolina, Mrs. WAGNER, 
Mr. BAIRD, and Mr. SMITH of Nebraska) introduced the following bill; 
which was referred to the Committee on Foreign Affairs, and in addition 
to the Committee on Armed Services, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To provide transparency regarding critical aspects of the 
United States withdrawal from Afghanistan, to prevent 
United States support to the Taliban, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Afghanistan With-
drawal Oversight and Liability Act’’ or the ‘‘AWOL Act’’. 
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SEC. 2. REPORT AND OTHER MATTERS RELATING TO EVAC-
UATION OF UNITED STATES CITIZENS AND 
LAWFUL PERMANENT RESIDENTS WHO RE-
MAIN BEHIND ENEMY LINES IN AFGHANI-
STAN. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the United States Government should take 
every necessary step to evacuate all citizens and lawful 
permanent residents of the United States from Afghani-
stan, regardless of United States troop presence on the 
ground in Afghanistan after August 31, 2021. 
(b) REPORT.— 
(1) IN
GENERAL.—Not later than two days 
after the date of enactment of this Act, the Presi-
dent shall submit to the appropriate congressional 
committees and leadership a report on the efforts to 
evacuate citizens and lawful permanent residents of 
the United States from Afghanistan. 
(2) CONTENTS.—The report required by this 
subsection shall include, as of the date on which the 
report is submitted, each of the following: 
(A) The total number of citizens and law-
ful permanent residents of the United States 
who remain in Afghanistan. 
(B) The total number of immediate family 
members of citizens and lawful permanent resi-
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dents of the United States who remain in Af-
ghanistan. 
(C) The total number, for each category, 
of Afghan Special Immigrant Visa applicants, 
and Afghan nationals designated as Priority 1 
(P1) and Priority 2 (P2) for the U.S. Refugee 
Admissions Program who remain in Afghani-
stan. 
(D) The total number of citizens and law-
ful permanent residents of the United States, 
as well as their immediate family members, who 
have requested but not received evacuation from 
Afghanistan, including a description of the loca-
tion of such individuals to the extent practicable 
and consistent with the safety of such individ-
uals. 
(E) The total number of citizens and law-
ful permanent residents of the United States, 
as well as their immediate family members, who 
have been evacuated from Afghanistan since 
August 13, 2021. 
(F) The total number of citizens and law-
ful permanent residents of the United States, 
as well as their immediate family members, in 
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Afghanistan who have been unable to evacuate, 
including an explanation of— 
(i) conditions that prohibited such 
evacuation; and 
(ii) any efforts being made to over-
come such conditions. 
(G) The total number of citizens and law-
ful permanent residents of the United States, 
as well as their immediate family members, who 
have been detained by the Taliban and a de-
scription of the efforts being made to secure the 
release of such individuals. 
(H) The total number of citizens and law-
ful permanent residents of the United States, 
as well as their immediate family members, who 
have been injured or killed in Afghanistan since 
August 13, 2021. 
(I) The total number of Department of 
Defense and Civil Reserve Air Fleet aircraft 
used to evacuate citizens and lawful permanent 
residents of the United States from Afghani-
stan since August 13, 2021. 
(J) The total number of nationals of Af-
ghanistan who have been evacuated from Af-
ghanistan on Department of Defense aircraft 
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since August 13, 2021, and a description of the 
final destinations of such individuals and the 
number of such individuals evacuated to each 
such final destination. 
(K) The total number of citizens and law-
ful permanent residents of the United States, 
as well as their immediate family members, and 
nationals of Afghanistan who have been evacu-
ated from Afghanistan on chartered and other 
civilian aircraft since August 13, 2021. 
(L) The total number of nationals of Af-
ghanistan eligible for evacuation from Afghani-
stan on Department of Defense aircraft. 
(c) CERTIFICATION
BY
PRESIDENT.—When the 
President determines that all citizens and lawful perma-
nent residents of the United States who are seeking evacu-
ation from Afghanistan have been evacuated from Afghan-
istan, the President shall transmit to the appropriate con-
gressional committees and leadership a certification of 
such determination. 
(d) PROHIBITION ON SUPPORT TO THE TALIBAN.— 
None of the funds authorized to be appropriated or other-
wise made available for fiscal year 2021 may be obligated 
or expended for any activity that would provide support 
to the Taliban, either— 
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(1) by payments or contributions of material 
support to the Taliban, whether provided directly or 
indirectly, including through third parties; or 
(2) by relief from, or the removal of, bilateral 
or multilateral sanctions applicable to the Taliban or 
Taliban leaders as of the date of enactment of this 
Act. 
SEC. 3. OVERSIGHT OF AGREEMENTS BETWEEN THE 
UNITED STATES AND THE TALIBAN. 
(a) IN GENERAL.—Not later than five days after the 
date of enactment of this Act, and every month thereafter, 
the Secretary of State shall submit to the appropriate con-
gressional committees and leadership a report regarding 
any agreements between the United States and the 
Taliban. 
(b) CONTENTS.—The report required by this section 
shall include, as of the date on which the report is sub-
mitted, each of the following: 
(1) Details of any agreement reached or com-
mitments made after August 13, 2021, to secure 
United States access to Hamid Karzai International 
Airport to facilitate the evacuation of United States 
citizens, lawful permanent residents, or Afghan part-
ners. 
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(5) Any agreements or commitments made by 
the United States regarding future financial or ma-
terial support. 
(6) Any agreements or commitments made by 
the United States regarding sanctions relief. 
(7) Any agreements or commitments made by 
the United States regarding future recognition of a 
Taliban government, including of a potential future 
Islamic Emirate. 
(8) Any other agreements or commitments, in-
formal or formal, made prior to the United States 
military withdrawal from Afghanistan and following 
the military withdrawal on August 31, 2021. 
(9) Any intelligence-related information pro-
vided by the United States to the Taliban and any 
threat information provided by the United States to 
the Taliban. 
(c) TRANSMISSION
TO CONGRESS
OF MATERIALS 
RELEVANT TO ANY AGREEMENT REACHED WITH THE 
TALIBAN.—Not later than 7 days after the conclusion of 
any formal or informal agreement between the United 
States and the Taliban, the Secretary of State, in con-
sultation with the Secretary of Defense, shall submit to 
the appropriate congressional committees and leadership 
all materials relevant to the agreement. 
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(d) INSPECTOR GENERAL OVERSIGHT OF TALIBAN 
AGREEMENTS.—Not later than 14 months after the date 
of the enactment of this Act, the Office of the Inspector 
General of the Department of State shall submit to the 
appropriate congressional committees and leadership a re-
port on the compliance of the Secretary of State with the 
Case-Zablocki Act (1 U.S.C. 112b) in connection with 
agreements with the Taliban during the one year period 
following the enactment of this Act. 
SEC. 4. REPORT ON UNITED STATES EQUIPMENT, PROP-
ERTY, AND CLASSIFIED MATERIAL THAT WAS 
DESTROYED, 
SURRENDERED, 
OR 
ABAN-
DONED IN THE WITHDRAWAL FROM AFGHAN-
ISTAN. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of De-
fense, in consultation with the Secretaries of the military 
departments and the Commander of United States Central 
Command, shall submit to the appropriate congressional 
committees and leadership a report regarding United 
States equipment, property, and classified material that 
was destroyed, surrendered, or abandoned in Afghanistan 
between February 29, 2020, and the date that is 180 days 
after the date of the enactment of this Act. 
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(b) CONTENTS.—The report required by this section 
shall include each of the following: 
(1) A determination of the value of the United 
States equipment, property, and classified material 
that was destroyed, surrendered, or abandoned, 
disaggregated by military department and itemized 
to the most specific feasible level. 
(2) An itemized list of destroyed, surrendered, 
or abandoned aircraft, aircraft parts and supply, 
and aircraft maintenance items, including aircraft, 
aircraft parts and supply, and aircraft maintenance 
items formerly possessed by the Afghan Air Force or 
the former government of Afghanistan. 
(3) An itemized list of destroyed, surrendered, 
or abandoned fuel and fuel dispensing equipment, 
disaggregated by military department. 
(4) An itemized list of destroyed, surrendered, 
or abandoned weapons, weapon systems, components 
of weapons or weapon systems, ammunition, explo-
sives, missiles, ordnance, bombs, mines, or projec-
tiles, disaggregated by military department. 
(5) For each item on a list referred to in para-
graphs (2) through (4), an explanation of the legal 
authority relied upon to destroy, surrender, or aban-
don that specific item. 
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(6) An assessment of how many biometric de-
vices may be in the possession of the Taliban, and 
what access they may have had to biometric data-
bases. 
(7) An evaluation of the capabilities of the 
Taliban post-withdrawal as a result of their seizure 
of surrendered or abandoned United States equip-
ment, property, and classified material. 
(8) An assessment of the damage to the na-
tional security interests of the United States as a re-
sult of the destroyed, surrendered, or abandoned 
United States equipment, property, and classified 
material. 
(9) An assessment of the feasibility of disabling, 
destroying, or recapturing surrendered or abandoned 
United States equipment, property, or classified ma-
terial. 
(10) Available imagery or photography depict-
ing the Taliban possessing surrendered or aban-
doned United States equipment, property, or classi-
fied material. 
SEC. 5. SENSE OF CONGRESS REGARDING NON-RECOGNI-
TION OF THE TALIBAN. 
It is the sense of Congress that the United States 
should not formally recognize the Taliban, or its so-called 
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Islamic Emirate of Afghanistan, as the government of Af-
ghanistan or take any action to alter bilateral or multilat-
eral sanctions applicable to the Taliban or Taliban leaders 
while the Taliban refuses to form an inclusive government 
that respects and protects the rights of all Afghan citizens. 
SEC. 6. DEFINITIONS. 
In this Act: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES
AND
LEADERSHIP.—The term ‘‘appropriate 
congressional committees and leadership’’ means— 
(A) the Committee on Foreign Affairs, the 
Committee on Armed Services, the Committee 
on Appropriations, the Permanent Select Com-
mittee on Intelligence, and the Speaker and the 
majority and minority leaders of the House of 
Representatives; and 
(B) the Committee on Foreign Relations, 
the Committee on Armed Services, the Com-
mittee on Appropriations, the Select Committee 
on Intelligence, and the majority and minority 
leaders of the Senate. 
(2) THE TALIBAN.—The term ‘‘the Taliban’’— 
(A) refers to the organization that refers 
to itself as the ‘‘Islamic Emirate of Afghani-
stan’’ that was founded by Mohammed Omar, 
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and that violently seized control of Afghanistan 
by entering Kabul on August 15, 2021; and 
(B) includes subordinate organizations, 
such as the Haqqani Network, and any other 
successor organization or formal government. 
Æ 
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