Afghanistan Counterterrorism, Oversight, and Accountability Act of 2021
Bill: S.2863 | Sponsor: Sen. Risch, James E. (R-ID)
Policy area: International Affairs

Summary:
Afghanistan Counterterrorism, Oversight, and Accountability Act of 2021
This bill imposes sanctions involving Afghanistan and addresses related issues.
The President must impose, with certain exceptions, visa- and property-blocking sanctions on any foreign individual or entity that (1) provides support to any terrorist group in Afghanistan, (2) is responsible for or complicit in serious human rights abuses in Afghanistan, or (3) plays a significant role in international narcotics trafficking centered in Afghanistan.
The President may also impose such sanctions on any foreign individual or entity that provides certain support for (1) the Taliban or any Taliban member, or (2) any agency of the Taliban-controlled government of Afghanistan.
Additionally, the Department of State must (1) require U.S. representatives to the United Nations to advocate and vote to maintain sanctions against the Taliban, and (2) encourage allies and partner countries to impose sanctions against the Taliban.
The State Department may suspend the sanctions imposed under this bill upon certifying to Congress that the Taliban has taken certain actions, such as breaking all ties with other terrorist groups.
The State Department must establish a task force to (1) implement a strategy relating to the evacuation of Afghanistan, and (2) identify individuals in Afghanistan who have sought admission into the United States as a refugee or humanitarian parolee.
The bill requires various reports, including on (1) a revised strategy for engagement with South and Central Asian countries after the U.S. withdrawal from Afghanistan, (2) a counterterrorism strategy for Afghanistan, and (3) the extent of Taliban human rights abuses.

To require the imposition of sanctions with respect to the Taliban and 
 persons assisting the Taliban in Afghanistan, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Afghanistan 
Counterterrorism, Oversight, and Accountability Act of 2021''.
    (b) Table of Contents.--The table of contents for 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.
                     TITLE VII--GENERAL PROVISIONS

Sec. 701. Termination.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) On April 14, 2021, President Joseph R. Biden announced 
        the unconditional withdrawal of United States Armed Forces from 
        Afghanistan after 20 years of conflict.
            (2) United States troop withdrawals led to the rapid 
        collapse of the democratically elected Government of 
        Afghanistan, effectively ended prospects for a negotiated 
        settlement, threaten to reverse the hard-earned rights of 
        Afghanistan's women and youth, and created dangerous sanctuary 
        space for potential terrorist attacks against the United States 
        and allies and partners of the United States.
            (3) Under the terms of the peace agreement signed by the 
        United States and the Taliban in Doha, Qatar, on February 29, 
        2020, the withdrawal of the United States Armed Forces was 
        contingent upon the Taliban upholding its commitment to a 
        reduction in the levels of violence, engaging in substantive 
        talks with the Government of Afghanistan, and adhering to 
        certain counterterrorism guarantees. The Taliban failed to meet 
        its commitments.
            (4) The Taliban's rise to power and inability to control 
        its borders may result in a safe haven for violent jihadist 
        groups, like al Qaeda and the Afghan affiliate of the Islamic 
        State group, ISIS-Khorasan (commonly referred to as ``ISIS-
        K'').
            (5) According to a May 2020 report of the United Nations, 
        ``The senior leadership of Al-Qaida remains present in 
        Afghanistan, as well as hundreds of armed operatives, Al-Qaida 
        in the Indian Subcontinent, and groups of foreign terrorist 
        fighters aligned with the Taliban.''.
            (6) According to the same United Nations report, ``The 
        Taliban regularly consulted with Al-Qaida during negotiations 
        with the United States and offered guarantees that it would 
        honor their historical ties.''.
            (7) In November 2020, the Lead Inspector General for 
        Operation Freedom's Sentinel of the Department of Defense (in 
        this section referred to as the ``Lead Inspector General'') 
        echoed similar concerns, noting that ``members of al-Qaeda were 
        integrated into the Taliban's leadership and command 
        structure''.
            (8) In May 2021, the Lead Inspector General reaffirmed 
        those concerns, noting that ``[a]ccording to the Defense 
        Intelligence Agency, the Taliban maintained close ties with al-
        Qaeda and was very likely preparing for large-scale 
        offensives''.
            (9) On September 14, 2021, the Deputy Director of the 
        Central Intelligence Agency stated, ``We are already beginning 
        to see some of the indications of some potential movement of al 
        Qaeda to Afghanistan.''.
            (10) On August 14, 2021, the United States began an 
        operation at Hamid Karzai International Airport to evacuate 
        United States citizens and Afghans affiliated with the United 
        States, an action which forced the North Atlantic Treaty 
        Organization (commonly referred to as ``NATO'') and allied 
        countries to undertake similar operations.
            (11) During the evacuation operation conducted in August 
        2021, United States allies, all of which had contributed 
        soldiers and resources to the fight against the Taliban and 
        terrorism in Afghanistan since 2001, assisted in the 
        exfiltration of thousands of United States citizens, their own 
        nationals, and Afghans affiliated with NATO.
            (12) In August 2021, at the height of the United States 
        evacuation operation, ISIS-K carried out a dual attack striking 
        Hamid Karzai International Airport and the Baron Hotel, killing 
        more than 170 civilians, including 13 members of the United 
        States Armed Forces.
            (13) According to the reports of the Department of State, 
        as many as 10,000 to 15,000 United States citizens were in 
        Afghanistan before the evacuation efforts.
            (14) As of August 31, 2021, the Department of State 
        evacuated just over 6,000 United States citizens, leaving 
        untold numbers of United States citizens stranded in 
        Afghanistan with little recourse for departure.
            (15) As of August 31, 2021, the United States evacuated 705 
        out of 22,000 Afghans who applied for special immigrant visas, 
        leaving the vast majority of Afghans behind and vulnerable to 
        retribution by the Taliban.
            (16) The Taliban continues to hamper the movement of United 
        States citizens and at-risk Afghans out of Afghanistan.
            (17) On September 10, 2021, the Taliban appointed 
        Sirajjudin Haqqani, a wanted terrorist responsible for attacks 
        against United States citizens, as the Taliban minister of 
        interior, ostensibly responsible for the continued evacuations 
        of United States citizens and at-risk Afghans out of 
        Afghanistan.
            (18) A Taliban-led government rooted in Sharia law would 
        undermine the vital gains made since 2001, particularly with 
        respect to the rule of law and the rights of women and girls, 
        and would lack credibility and international legitimacy on the 
        world stage.
            (19) As noted by Human Rights Watch, ``Even before their 
        takeover of Kabul on August 15, Taliban forces were already 
        committing atrocities, including summary executions of 
        government officials and security force members in their 
        custody.''.
            (20) Since the Taliban's takeover of Kabul, the Taliban has 
        raided the homes of journalists and activists, as well as 
        members of their families, and restricted girls' access to 
        education and women's ability to work.
            (21) The Lead Inspector General reported in May 2021 that 
        the Taliban had carried out ``dozens of targeted killings of 
        Afghan civilians, including government officials, teachers, 
        journalists, medical workers, and religious scholars''.
            (22) Despite reportedly providing written assurances to 
        donors and the United Nations, the Taliban also continues to 
        hinder humanitarian access to the most vulnerable areas and 
        individuals in Afghanistan, with an estimated 18,400,000 
        people, or roughly half of the population in Afghanistan, 
        currently in dire need of lifesaving assistance.
            (23) Between 2001 and 2020, at least 569 humanitarian 
        workers were targeted for attack in Afghanistan, and in August 
        2021 alone, at least 240 incidents affecting humanitarian 
        access were reported by relief agencies.
            (24) The United States has invested more than 
        $56,000,000,000 since 2002 in efforts to address profound 
        humanitarian needs and help the people of Afghanistan, 
        including women, girls, and religious and ethnic minorities, 
        realize their democratic and development aspirations.
            (25) Despite consistent challenges, United States 
        humanitarian and development assistance has helped expand 
        access to education for more than 3,000,000 girls since 2008, 
        reduce maternal and child deaths by more than half since 2000, 
        provide first-time access to safe drinking water for 650,000 
        people and improved sanitation services for 1,200,000 people 
        since 2016, and catalyze a 3,000-percent increase in per capita 
        gross domestic product between 2002 and 2018.
            (26) Following the Taliban takeover in Afghanistan, those 
        notable achievements are at risk of reversal, the country 
        stands on the verge of economic collapse, and according to the 
        World Food Programme of the United Nations, an estimated 
        14,000,000 people are ``marching toward starvation''.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Special immigrant visa program.--The term ``special 
        immigrant visa program'' means--
                    (A) the special immigrant visa program under 
                section 602 of the Afghan Allies Protection Act of 2009 
                (Public Law 111-8; 8 U.S.C. 1101 note); and
                    (B) the special immigrant visa program under 
                section 1059 of the National Defense Authorization Act 
                for Fiscal Year 2006 (Public Law 109-163; 8 U.S.C. 1101 
                note) with respect to nationals of Afghanistan.
            (2) Taliban.--The term ``Taliban'' means the entity--
                    (A) known as the Taliban;
                    (B) operating in Afghanistan; and
                    (C) designated as a specially designated global 
                terrorist under part 594 of title 31, Code of Federal 
                Regulations.
            (3) Terrorist group.--The term ``terrorist group'' means--
                    (A) any entity designated as a specially designated 
                global terrorist under part 594 of title 31, Code of 
                Federal Regulations (other than the Taliban); or
                    (B) any foreign terrorist organization (as defined 
                in section 219 of the Immigration and Nationality Act 
                (8 U.S.C. 1189)).
            (4) United states lawful permanent resident.--The term 
        ``United States lawful permanent resident'' means an alien 
        lawfully admitted for permanent residence to the United States 
        (as defined in section 101(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a))).

    TITLE I--STATE DEPARTMENT AFGHANISTAN TASK FORCE AND DIPLOMATIC 
                               ENGAGEMENT

SEC. 101. TASK FORCE ON EVACUATIONS FROM AFGHANISTAN.

    (a) In General.--The Secretary of State shall establish and 
maintain a task force dedicated to--
            (1) the implementation of a comprehensive strategy relating 
        to the evacuation of United States citizens, United States 
        lawful permanent residents, and applicants for the special 
        immigrant visa program, from Afghanistan; and
            (2) identifying individuals in Afghanistan who have--
                    (A) applied to the United States Refugee Admissions 
                Program; or
                    (B) sought entry into the United States as 
                humanitarian parolees under section 212(d)(5) of the 
                Immigration and Nationality Act (8 U.S.C. 1182(d)(5)).
    (b) Focus of Task Force.--The task force established under 
subsection (a) shall prioritize efforts of the Department of State--
            (1) to account for all United States citizens still within 
        Afghanistan and ensure all United States citizens have the 
        opportunity to safely depart Afghanistan; and
            (2) to account for United States lawful permanent residents 
        and applicants for the special immigrant visa program still 
        within Afghanistan and help ensure those individuals have an 
        opportunity to safely depart Afghanistan.
    (c) Reporting Requirement.--Not later than one year after the date 
of the enactment of this Act, the Secretary of State shall submit to 
the appropriate congressional committees a report detailing lessons 
learned from the task force established under subsection (a), including 
such lessons related to the evacuation of United States citizens, 
United States lawful permanent residents, and applicants for the 
special immigrant visa program, from Afghanistan.
    (d) Briefing Requirement.--The task force established under 
subsection (a) shall provide quarterly briefings to the appropriate 
congressional committees on--
            (1) the strategy described in subsection (a); and
            (2) any additional authorities the Department of State 
        requires to better advance the strategy.
    (e) Termination.--The task force established under subsection (a) 
shall terminate on the date that is one year after the date of the 
enactment of this Act.
    (f) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Relations of the Senate; and
            (2) the Committee on Foreign Affairs of the House of 
        Representatives.

SEC. 102. REPORT ON DIPLOMATIC ENGAGEMENT AND ECONOMIC COOPERATION WITH 
              THE TALIBAN.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, and not less frequently than annually 
thereafter, the Secretary of State, in coordination with the 
Administrator of the United States Agency for International Development 
and the Secretary of the Treasury, shall submit to the appropriate 
congressional committees a report detailing the manner and extent to 
which foreign governments and international organizations have pursued 
diplomatic engagement or economic or security cooperation with the 
Taliban or members of the Taliban.
    (b) Elements.--The report required by subsection (a) shall include 
a description of--
            (1) steps taken by foreign governments and international 
        organizations toward formal diplomatic recognition of the 
        Taliban or a government of Afghanistan under the direction or 
        control of the Taliban or members of the Taliban;
            (2) efforts to maintain or re-establish a diplomatic 
        presence in Kabul;
            (3) the extent to which formal bilateral relationships 
        serve to bolster the Taliban's credibility on the world stage;
            (4) the scale and scope of economic cooperation with the 
        Taliban, or any agency or instrumentality of the Government of 
        Afghanistan under the direction or control of the Taliban or a 
        member of the Taliban, by foreign governments and international 
        organizations, particularly international financial 
        institutions;
            (5) the extent of any assistance provided by foreign 
        governments and international organizations to or through the 
        Taliban or any agency or instrumentality described in paragraph 
        (4), including humanitarian, technical, and security 
        assistance; and
            (6) major security cooperation activities or initiatives 
        undertaken by foreign governments with the Taliban or any 
        agency or instrumentality described in paragraph (4), including 
        the establishment by a foreign government of any military 
        presence within Afghanistan.
    (c) Form of Report; Availability.--
            (1) Form.--The report required by subsection (a) shall be 
        submitted in unclassified form, but may include a classified 
        annex.
            (2) Availability.--The unclassified portion of the report 
        required by subsection (a) shall be made available on a 
        publicly accessible internet website of the Department of 
        State.
    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Relations of the Senate; and
            (2) the Committee on Foreign Affairs of the House of 
        Representatives.

SEC. 103. OPPOSITION TO RECOGNITION OF TALIBAN REPRESENTATIVE AS 
              AMBASSADOR TO THE UNITED STATES.

    The President should not recognize as the Ambassador of Afghanistan 
to the United States or accept diplomatic credentials from any 
individual who is a member of the Taliban.

SEC. 104. OPPOSITION TO PARTICIPATION OF TALIBAN AT THE UNITED NATIONS 
              AND OTHER MEASURES.

    The United States Ambassador to the United Nations should use the 
voice, vote, and influence of the United States at the United Nations--
            (1) to object to the issuance of credentials to any member 
        of the delegation of Afghanistan to the United Nations General 
        Assembly who is a member of the Taliban, consistent with Rules 
        27 and 28 of the Rules of Procedure of the General Assembly;
            (2) to ensure that no member of the Taliban may serve in a 
        leadership position in any United Nations body, fund, program, 
        or specialized agency;
            (3) to support a resolution on human rights abuses 
        committed by the Taliban at the United Nations Human Rights 
        Council and calling for the immediate deployment of human 
        rights monitors to Afghanistan under the special procedures of 
        the Council;
            (4) to demand immediate, unfettered humanitarian access to 
        the whole of Afghanistan, including to prevent famine and to 
        expand access to lifesaving vaccines and immunizations; and
            (5) to prevent diversions of humanitarian assistance 
        delivered through United Nations bodies, funds, programs, and 
        specialized agencies to individuals and entities subject to 
        sanctions under United Nations Security Council Resolutions 
        1988 (2011) and 2255 (2015), including through the imposition 
        of duties, fees, or taxes on such humanitarian assistance or 
        the manipulation of beneficiary lists.

SEC. 105. REVISED STRATEGY FOR SOUTH AND CENTRAL ASIA.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the President shall submit to the appropriate 
congressional committees a strategy for a path forward for the 
relationship of the United States with South and Central Asian 
countries after the United States withdrawal from Afghanistan.
    (b) Elements.--The strategy required by subsection (a) shall 
include the following elements:
            (1) A detailed description of the security and economic 
        challenges that the Russian Federation, the People's Republic 
        of China, and the Taliban pose to the countries of South and 
        Central Asia, including border disputes with South and Central 
        Asian countries that border the People's Republic of China, 
        investments by the Government of the People's Republic of China 
        in land and sea ports, military activities and installations, 
        transportation infrastructure, and energy projects across the 
        region.
            (2) A detailed description of United States efforts to 
        provide alternatives to investment by the Government of the 
        People's Republic of China in infrastructure and other sectors 
        in South and Central Asia.
            (3) An examination of the areas and sectors in which South 
        and Central Asian countries are subject to political, military, 
        information, and diplomatic pressure from the Russian 
        Federation and the People's Republic of China.
            (4) An examination of the extent to which the C5+1 format 
        should or should not be changed to reflect the new conditions 
        in Afghanistan.
            (5) An analysis of the possibilities for access to and 
        basing in Central Asian countries for the United States Armed 
        Forces, and overflight of those countries by United States 
        drones, and the diplomatic outreach needed to achieve those 
        outcomes.
            (6) A detailed description of bilateral and regional 
        efforts to work with countries in South Asia on strategies to 
        build resilience against efforts of the Government of the 
        People's Republic of China and the Government of the Russian 
        Federation to interfere in their political systems and 
        economies.
            (7) A detailed description of United States diplomatic 
        efforts to address the challenges posed by investment by the 
        Government of the People's Republic of China in the mining and 
        mineral sectors in Afghanistan.
            (8) Identification of areas where the United States 
        Government can strengthen diplomatic, economic, and defense 
        cooperation with the Government of India, as appropriate, to 
        address economic and security challenges posed by the People's 
        Republic of China, the Russian Federation, and the Taliban in 
        the region, and an assessment of how the changes to India's 
        security environment resulting from the Taliban's takeover of 
        Afghanistan will affect United States engagement with India.
            (9) A description of the coordination mechanisms among key 
        regional and functional bureaus within the Department of State 
        and the Department of Defense tasked with engaging with the 
        countries of South and Central Asia on issues relating to the 
        People's Republic of China, the Russian Federation, and the 
        Taliban.
            (10) A description of the efforts being made by Federal 
        agencies, including the Department of State, the United States 
        Agency for International Development, the Department of 
        Commerce, the Department of Energy, and the Office of the 
        United States Trade Representative, to help the countries of 
        South and Central Asia develop trade and commerce links that 
        will help those countries diversify their trade away from the 
        People's Republic of China and the Russian Federation.
            (11) A detailed description of United States diplomatic 
        efforts with South and Central Asian countries, Turkey, and any 
        other countries with significant populations of Uyghurs and 
        other ethnic minorities fleeing persecution in the People's 
        Republic of China, to press those countries to refrain from 
        deporting ethnic minorities to the People's Republic of China, 
        protect ethnic minorities from intimidation by authorities of 
        the Government of the People's Republic of China, and protect 
        the right to the freedoms of assembly and expression.
            (12) An analysis of the effect ending the denial of 
        nondiscriminatory treatment to the products of the Republic of 
        Kazakhstan, the Republic of Tajikistan, and the Republic of 
        Uzbekistan under chapter 1 of title IV of the Trade Act of 1974 
        (commonly known as the ``Jackson-Vanik amendment'') would have 
        on improving trade and diplomatic relations with the United 
        States.
    (c) Form of Report; Availability.--
            (1) Form.--The strategy required by subsection (a) shall be 
        submitted in unclassified form, but may include a classified 
        annex.
            (2) Availability.--The unclassified portion of the strategy 
        required by subsection (a) shall be made available on a 
        publicly accessible internet website of the Department of 
        State.
    (d) Consultation.--Not later than 120 days after the date of the 
enactment of this Act, and not less frequently than annually thereafter 
for 5 years, the Secretary of State shall consult with the appropriate 
congressional committees regarding the development and implementation 
of the strategy required by subsection (a).
    (e) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations and the 
                Committee on Armed Services of the Senate; and
                    (B) the Committee on Foreign Affairs and the 
                Committee on Armed Services of the House of 
                Representatives.
            (2) C5+1 format.--The term ``C5+1 format'' means meetings 
        of representatives of the governments of the United States, the 
        Republic of Kazakhstan, the Kyrgyz Republic, the Republic of 
        Tajikistan, Turkmenistan, and the Republic of Uzbekistan.

           TITLE II--COUNTERTERRORISM STRATEGIES AND REPORTS

SEC. 201. COUNTERTERRORISM STRATEGY FOR AFGHANISTAN.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, and not less frequently than annually 
thereafter, the Secretary of State, in consultation with the Secretary 
of Defense and the Director of National Intelligence, shall submit to 
the appropriate congressional committees a report setting forth the 
United States counterterrorism strategy for Afghanistan and addressing 
each of the elements described in subsection (b).
    (b) Elements.--The elements described in this subsection are the 
following:
            (1) An assessment of terrorist activity in Afghanistan and 
        threats posed to the United States by that activity.
            (2) An assessment of whether the Taliban is taking 
        meaningful action to ensure that Afghanistan is not a safe 
        haven for terrorist groups, such as al Qaeda or ISIS-K, 
        pursuant to the peace agreement signed by the United States and 
        the Taliban in Doha, Qatar, on February 29, 2020, or subsequent 
        agreements or arrangements.
            (3) A detailed description of all discussions, 
        transactions, deconfliction arrangements, or other agreements 
        or arrangements with the Taliban.
            (4) An assessment of the status of access, basing, and 
        overflight agreements with countries neighboring Afghanistan 
        that facilitate ongoing United States counterterrorism 
        missions.
            (5) An assessment of the status of--
                    (A) human intelligence and multi-source 
                intelligence assets dedicated to Afghanistan; and
                    (B) the ability of the United States to detect 
                emerging threats against the United States and allies 
                and partners of the United States.
            (6) A description of the number and types of intelligence, 
        surveillance, and reconnaissance assets and strike assets 
        dedicated to Afghanistan counterterrorism missions and 
        associated flight times and times on station for such assets.
            (7) An assessment of local or indigenous counterterrorism 
        partners.
            (8) An assessment of risks to the mission and risks to 
        United States personnel involved in over-the-horizon 
        counterterrorism options.
    (c) Form.--The report required by subsection (a) shall be submitted 
in unclassified form, but may include a classified annex.
    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Relations, the Committee on 
        Armed Services, and the Select Committee on Intelligence of the 
        Senate; and
            (2) the Committee on Foreign Affairs, the Committee on 
        Armed Services, and the Permanent Select Committee on 
        Intelligence of the House of Representatives.

SEC. 202. REPORT ON ENTITIES PROVIDING SUPPORT FOR THE TALIBAN.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, and not less frequently than annually 
thereafter, the Secretary of State, in consultation with the Secretary 
of Defense and the Director of National Intelligence, shall submit to 
the appropriate congressional committees a report on entities providing 
support to the Taliban.
    (b) Elements of First Report.--The first report required by 
subsection (a) shall include--
            (1) an assessment of support by state and non-state actors, 
        including the Government of Pakistan, for the Taliban between 
        2001 and 2020, including the provision of sanctuary space, 
        financial support, intelligence support, logistics and medical 
        support, training, equipping, and tactical, operational, or 
        strategic direction;
            (2) an assessment of support by state and non-state actors, 
        including the Government of Pakistan, for the 2021 offensive of 
        the Taliban that toppled the Government of the Islamic Republic 
        of Afghanistan, including the provision of sanctuary space, 
        financial support, intelligence support, logistics and medical 
        support, training, equipping, and tactical, operational, or 
        strategic direction;
            (3) an assessment of support by state and non-state actors, 
        including the Government of Pakistan, for the September 2021 
        offensive of the Taliban against the Panjshir Valley and the 
        Afghan resistance; and
            (4) a detailed description of United States diplomatic and 
        military activities undertaken to curtail support for the 2021 
        offensive of the Taliban that toppled the Government of the 
        Islamic Republic of Afghanistan.
    (c) Elements of Subsequent Reports.--Each report required by 
subsection (a) after the first such report shall include--
            (1) an assessment of support by state and non-state actors 
        for the Taliban, including the provision of sanctuary space, 
        financial support, intelligence support, logistics and medical 
        support, training, equipping, and tactical, operational, or 
        strategic direction;
            (2) an assessment of support by state and non-state actors 
        for offensive actions of the Taliban against any elements of 
        the Afghan resistance; and
            (3) a detailed description of United States diplomatic and 
        military activities undertaken to curtail support for the 
        Taliban.
    (d) Form.--The report required by subsection (a) shall be submitted 
in unclassified form, but may contain a classified annex.
    (e) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Relations, the Committee on 
        Armed Services, and the Select Committee on Intelligence of the 
        Senate; and
            (2) the Committee on Foreign Affairs, the Committee on 
        Armed Services, and the Permanent Select Committee on 
        Intelligence of the House of Representatives.

SEC. 203. REPORT AND STRATEGY ON UNITED STATES-ORIGIN DEFENSE ARTICLES 
              AND SERVICES PROVIDED TO AFGHANISTAN.

    (a) Report Required.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary of State, the 
        Secretary of Defense, and the Director of National Intelligence 
        shall submit to the appropriate congressional committees a 
        report on United States-origin defense articles and defense 
        services provided to the Government of Afghanistan on or before 
        August 14, 2021.
            (2) Elements.--The report required by paragraph (1) shall 
        include--
                    (A) an inventory of all United States-origin 
                defense articles and defense services provided to the 
                Government of Afghanistan;
                    (B) an assessment of the current location and 
                disposition of all such articles;
                    (C) an assessment of the risks that such articles 
                pose to United States citizens and interests, regional 
                security, and the people of Afghanistan;
                    (D) an assessment of the most sensitive training 
                provided by the United States to Afghan forces and the 
                current location and status of Afghans who received 
                such training; and
                    (E) an assessment of the counterintelligence risk 
                if the Taliban provides access to United States-origin 
                defense articles to the Russian Federation, Iran, or 
                the People's Republic of China.
    (b) Strategy Required.--
            (1) In general.--Not later than 120 days after the date of 
        the enactment of this Act, the Secretary of State, the 
        Secretary of Defense, and the Director of National Intelligence 
        shall submit to the appropriate congressional committees a 
        strategy on United States-origin defense articles and defense 
        services provided to the Government of Afghanistan.
            (2) Elements.--The strategy required under subsection (d) 
        shall include--
                    (A) a plan to recover, destroy, or de-militarize 
                United States-origin defense articles that pose a 
                significant risk to United States citizens and 
                interests, regional security, or the people of 
                Afghanistan; and
                    (B) a plan--
                            (i) to identify Afghan personnel whose 
                        training could present a significant risk to 
                        regional security or to the people of 
                        Afghanistan; and
                            (ii) to ensure such personnel are not 
                        coerced to support the Taliban or other hostile 
                        forces.
    (c) Form.--The report required by subsection (a) and the strategy 
required by subsection (b) shall be submitted in unclassified form, but 
may include a classified annex.
    (d) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations, the 
                Committee on Armed Services, and the Select Committee 
                on Intelligence of the Senate; and
                    (B) the Committee on Foreign Affairs, the Committee 
                on Armed Services, and the Permanent Select Committee 
                on Intelligence of the House of Representatives.
            (2) Defense article; defense service; training.--The terms 
        ``defense article'', ``defense service'', and ``training'' have 
        the meanings given those terms in section 47 of the Arms Export 
        Control Act (22 U.S.C. 2794).

    TITLE III--MATTERS RELATING TO HOSTAGES, SPECIAL IMMIGRANT VISA 
                        APPLICANTS, AND REFUGEES

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

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, and not less frequently than annually 
thereafter, the Secretary of State shall submit to the appropriate 
congressional committees a report detailing the extent to which the 
Taliban has engaged in the politically motivated taking or release of 
hostages or otherwise is engaging in practices of unlawful or wrongful 
detention.
    (b) Elements.--The report required by subsection (a) shall include, 
at a minimum--
            (1) an assessment of whether there is credible information 
        that detained United States citizens or United States lawful 
        permanent residents are being held hostage or are being 
        detained unlawfully or wrongfully by the Taliban; and
            (2) an assessment of whether there is credible information 
        that citizens of NATO allies are being held hostage or are 
        being detained unlawfully or wrongfully by the Taliban.
    (c) Form.--The report required by subsection (a) shall be submitted 
in unclassified form, but may include a classified annex.
    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Relations of the Senate; and
            (2) the Committee on Foreign Affairs of the House of 
        Representatives.

SEC. 302. BRIEFINGS ON STATUS OF SPECIAL IMMIGRANT VISA APPLICANTS, 
              REFUGEES, AND PAROLEES.

    (a) In General.--Not later than 10 days after the date of the 
enactment of this Act, and every 15 days thereafter until September 30, 
2022, the Secretary of State, in consultation with the Secretary of 
Homeland Security, shall provide a briefing to the Committee on Foreign 
Relations of the Senate and the Committee on Foreign Affairs of the 
House of Representatives on the status of--
            (1) the processing of applications for the special 
        immigrant visa program; and
            (2) refugee and parolee designations for nationals of 
        Afghanistan.
    (b) Elements.--
            (1) Initial briefing.--The initial briefing required by 
        subsection (a) shall include, for the period beginning on 
        August 1, 2021, and ending on the date of the briefing--
                    (A)(i) the number of nationals of Afghanistan who 
                have--
                            (I) submitted applications for--
                                    (aa) the special immigrant visa 
                                program; or
                                    (bb) resettlement in the United 
                                States through the United States 
                                Refugee Admissions Program; or
                            (II) sought entry to the United States as 
                        humanitarian parolees under section 212(d)(5) 
                        of the Immigration and Nationality Act (8 
                        U.S.C. 1182(d)(5)); and
                    (ii) the status of such nationals of Afghanistan;
                    (B) the number of Department of State and 
                Department of Homeland Security employees assigned to 
                processing applications described in subparagraph 
                (A)(i)(I) and adjudicating the entry of nationals of 
                Afghanistan as humanitarian parolees;
                    (C) the location of each national of Afghanistan 
                who has submitted such an application or sought entry 
                to the United States as a humanitarian parolee;
                    (D) the status of any agreement between the United 
                States and any foreign government that is hosting such 
                nationals of Afghanistan;
                    (E) an assessment of any required revision to the 
                levels and forms of United States foreign assistance 
                provided to entities supporting such nationals of 
                Afghanistan; and
                    (F) the status of any national of Afghanistan who--
                            (i) after July 1, 2021, submitted an 
                        application described in subparagraph (A)(i)(I) 
                        or sought entry to the United States as a 
                        humanitarian parolee; and
                            (ii) failed to meet United States vetting 
                        requirements.
            (2) Subsequent briefings.--Each subsequent briefing 
        required by subsection (a) shall include the information 
        described in subparagraphs (A) through (F) of paragraph (1) for 
        the preceding 15-day period.
    (c) Form.--A briefing required by subsection (a) may be provided in 
classified form, as necessary.
    (d) Written Materials.--The Secretary of State may submit written 
materials in conjunction with a briefing under this section.

              TITLE IV--RESTRICTIONS ON FOREIGN ASSISTANCE

SEC. 401. STATEMENT OF POLICY ON UNITED STATES ASSISTANCE IN 
              AFGHANISTAN.

    (a) In General.--It is the policy of the United States not to 
provide foreign assistance, including development assistance, economic 
support, or security assistance under parts I and II of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2151 et seq.), the Millennium 
Challenge Act of 2003 (22 U.S.C. 7701 et seq.), the Better Utilization 
of Investments Leading to Development Act of 2018 (22 U.S.C. 9601 et 
seq.), the FREEDOM Support Act (22 U.S.C. 5801 et seq.), or section 23 
of the Arms Export Control Act (22 U.S.C. 2763), to or through the 
Taliban, or in a manner that would directly benefit the Taliban in 
Afghanistan.
    (b) Humanitarian Assistance.--It is the policy of the United States 
to support the provision of humanitarian assistance for displaced and 
conflict-affected persons in Afghanistan consistent with chapter 9 of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2292 et seq.), provided 
that such assistance is not provided to or through the Taliban or 
entities controlled by the Taliban or persons with respect to which 
sanctions have been imposed under section 602 or 603.
    (c) Strategy.--Not later than 30 days after the date of the 
enactment of this Act, the President shall brief the appropriate 
congressional committees on the United States strategy to ensure the 
safe and timely delivery of targeted humanitarian assistance in 
Afghanistan, including by enabling humanitarian organizations to access 
related financial services, consistent with this section.

SEC. 402. HUMANITARIAN ASSISTANCE TO COUNTRIES AND ORGANIZATIONS 
              SUPPORTING AFGHAN REFUGEES AND AFGHAN ALLIES OF THE 
              UNITED STATES.

    Subject to section 403, it is the policy of the United States to 
support the provision of humanitarian assistance for displaced and 
conflict-affected persons seeking refuge from Afghanistan in third 
countries, as well as for hosting communities with measurable need in 
such third countries.

SEC. 403. REVIEW OF FOREIGN ASSISTANCE TO COUNTRIES AND ORGANIZATIONS 
              SUPPORTING THE TALIBAN.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, and not less than annually thereafter, the 
Secretary of State, in consultation with the appropriate congressional 
committees, shall conduct a comprehensive review of all forms of United 
States foreign assistance provided to or through the government of any 
country or any organization providing any form of material support to 
the Taliban, utilizing transparent metrics to measure the forms, 
amounts, goals, objectives, benchmarks, and outcomes of such 
assistance.
    (b) Aid Suspension.--
            (1) In general.--The Secretary of State shall suspend all 
        forms of United States foreign assistance not covered by an 
        exception under section 606(b)(3) provided to or through a 
        government or organization described in subsection (a).
            (2) Termination.--The suspension of United States foreign 
        assistance under paragraph (1) shall cease to be in effect on 
        the date on which the Secretary--
                    (A) has certified to the appropriate congressional 
                committees that the government or organization subject 
                to such suspension has ceased to provide material 
                support to the Taliban; or
                    (B) has submitted to the appropriate congressional 
                committees a certification described in section 606(c).
            (3) Waiver.--The Secretary may waive the suspension of 
        United States foreign assistance required under paragraph (1) 
        if, not later than 10 days before issuing such a waiver, the 
        Secretary certifies to the appropriate congressional committees 
        that--
                    (A) providing such assistance is in the national 
                security interest of the United States; and
                    (B) sufficient safeguards are in place to ensure 
                that no United States assistance is diverted to support 
                the Taliban.

SEC. 404. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

    In this title, the term ``appropriate congressional committees'' 
means--
            (1) the Committee on Foreign Relations of the Senate; and
            (2) the Committee on Foreign Affairs of the House of 
        Representatives.

                  TITLE V--HUMAN RIGHTS IN AFGHANISTAN

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

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, and not less frequently than annually 
thereafter, the Secretary of State shall submit to the appropriate 
congressional committees a report detailing the extent to which the 
Taliban, or any agency or instrumentality of the Government of 
Afghanistan under the direction or control of the Taliban or a member 
of the Taliban, has carried out or facilitated serious human rights 
abuse.
    (b) Elements.--The report required by subsection (a) shall 
include--
            (1) an assessment of the Taliban's respect for the rule of 
        law, press freedom, and human rights, including the rights of 
        women, girls, and minorities, in Afghanistan;
            (2) an assessment of the extent to which the Government of 
        Afghanistan has adhered to the basic human rights standards set 
        out in the United Nations International Covenant on Civil and 
        Political Rights, which was ratified by Afghanistan in 1983, 
        and the Universal Declaration of Human Rights;
            (3) a description of the scale and scope of any incidents 
        of arbitrary arrest or extrajudicial execution;
            (4) an assessment of the degree to which Afghans who 
        formerly served as part of the internationally recognized 
        government of Afghanistan or who have ties to the United States 
        have been the target of Taliban-supported revenge killings, 
        enforced disappearances, or other forms of abuse, including 
        torture;
            (5) a detailed description of how the rights of women, 
        girls, and minorities in Afghanistan have been impacted, 
        specifically with respect to access to education, freedom of 
        movement, and right to employment, since the Taliban's seizure 
        of power in August 2021;
            (6) an evaluation of the ability of human rights defenders, 
        female activists, and journalists to freely operate in 
        Afghanistan without fear of reprisal;
            (7) an assessment of whether any of the abuses carried out 
        by the Taliban, or any agency or instrumentality described in 
        subsection (a), constitute war crimes or crimes against 
        humanity; and
            (8) a description of any steps taken to impede access by 
        independent human rights monitors and United Nations 
        investigators.
    (c) Form.--The report required by subsection (a) shall be provided 
in unclassified form, but may include a classified annex.
    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Relations of the Senate; and
            (2) the Committee on Foreign Affairs of the House of 
        Representatives.

            TITLE VI--SANCTIONS WITH RESPECT TO THE TALIBAN

SEC. 601. DEFINITIONS.

    In this title:
            (1) Admission; admitted; alien.--The terms ``admission'', 
        ``admitted'', and ``alien'' have the meanings given those terms 
        in section 101 of the Immigration and Nationality Act (8 U.S.C. 
        1101).
            (2) Agricultural commodity.--The term ``agricultural 
        commodity'' has the meaning given that term in section 102 of 
        the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
            (3) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations and the 
                Committee on Banking, Housing, and Urban Affairs of the 
                Senate; and
                    (B) the Committee on Foreign Affairs and the 
                Committee on Financial Services of the House of 
                Representatives.
            (4) Foreign person.--The term ``foreign person''--
                    (A) means a person that is not a United States 
                person; and
                    (B) includes an agency or instrumentality of a 
                foreign government.
            (5) Medical device.--The term ``medical device'' has the 
        meaning given the term ``device'' in section 201 of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 321).
            (6) Medicine.--The term ``medicine'' has the meaning given 
        the term ``drug'' in section 201 of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 321).
            (7) United states person.--The term ``United States 
        person'' means--
                    (A) a citizen of the United States or an alien 
                lawfully admitted for permanent residence to the United 
                States; or
                    (B) an entity organized under the laws of the 
                United States or any jurisdiction within the United 
                States, including a foreign branch of such entity.

SEC. 602. IMPOSITION OF SANCTIONS WITH RESPECT TO ACTIVITIES OF THE 
              TALIBAN AND OTHERS IN AFGHANISTAN.

    (a)  Sanctions Relating to Support for Terrorism.--On and after the 
date that is 90 days after the date of the enactment of this Act, the 
President shall impose the sanctions described in subsection (d) with 
respect to each foreign person, including any member of the Taliban, 
that the President determines provides financial, material, or 
technological support for, or financial or other services to or in 
support of, any terrorist group in Afghanistan.
    (b) Sanctions Relating to Human Rights Abuses.--On and after the 
date that is 90 days after the date of the enactment of this Act, the 
President shall impose the sanctions described in subsection (d) with 
respect to each foreign person, including any member of the Taliban, 
that the President determines is responsible for, complicit in, or has 
directly or indirectly engaged in, serious human rights abuses in 
Afghanistan.
    (c) Sanctions Relating to Drug Trafficking.--On and after the date 
that is 90 days after the date of the enactment of this Act, the 
President shall impose the sanctions described in subsection (d) with 
respect to each foreign person, including any member of the Taliban, 
that the President determines--
            (1) plays a significant role in international narcotics 
        trafficking centered in Afghanistan; or
            (2) provides significant financial, material, or 
        technological support for, or financial or other services to or 
        in support of, any person described in paragraph (1).
    (d) Sanctions Described.--The sanctions described in this 
subsection are the following:
            (1) Property blocking.--The exercise of all of the powers 
        granted to the President under the International Emergency 
        Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent 
        necessary to block and prohibit all transactions in property 
        and interests in property of a foreign person described in 
        subsection (a), (b), or (c) if such property and interests in 
        property are in the United States, come within the United 
        States, or come within the possession or control of a United 
        States person.
            (2) Ineligibility for visas, admission, or parole.--
                    (A)  Visas, admission, or parole.--An alien 
                described in subsection (a), (b), or (c) shall be--
                            (i) inadmissible to the United States;
                            (ii) ineligible to receive a visa or other 
                        documentation to enter the United States; and
                            (iii) otherwise ineligible to be admitted 
                        or paroled into the United States or to receive 
                        any other benefit under the Immigration and 
                        Nationality Act (8 U.S.C. 1101 et seq.).
                    (B) Current visas revoked.--
                            (i) In general.--The visa or other entry 
                        documentation of any alien described in 
                        subsection (a), (b), or (c) is subject to 
                        revocation regardless of the issue date of the 
                        visa or other entry documentation.
                            (ii) Immediate effect.--A revocation under 
                        clause (i) shall--
                                    (I) take effect immediately; and
                                    (II) cancel any other valid visa or 
                                entry documentation that is in the 
                                possession of the alien.

SEC. 603. IMPOSITION OF SANCTIONS WITH RESPECT TO SUPPORTERS OF THE 
              TALIBAN.

    (a) In General.--On and after the date that is 180 days after the 
date of the enactment of this Act, the President may impose the 
sanctions described in subsection (c) with respect to any foreign 
person that the President determines provides support described in 
subsection (b) to or in support of--
            (1) the Taliban or any member of the Taliban; or
            (2) any agency or instrumentality of the Government of 
        Afghanistan under the direction or control of--
                    (A) the Taliban or a member of the Taliban; or
                    (B) another terrorist group or a member of such a 
                group.
    (b) Support Described.--Support described in this subsection is any 
of the following:
            (1) Military or paramilitary training.
            (2) Logistical or intelligence support.
            (3) Safe haven.
            (4) Financial, material, or technological support.
            (5) Financial or other services.
    (c) Sanctions Described.--The sanctions described in this 
subsection are the following:
            (1) Property blocking.--The exercise of all of the powers 
        granted to the President under the International Emergency 
        Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent 
        necessary to block and prohibit all transactions in property 
        and interests in property of a foreign person described in 
        subsection (a) if such property and interests in property are 
        in the United States, come within the United States, or come 
        within the possession or control of a United States person.
            (2) Ineligibility for visas, admission, or parole.--
                    (A) Visas, admission, or parole.--An alien 
                described in subsection (a) may be--
                            (i) inadmissible to the United States;
                            (ii) ineligible to receive a visa or other 
                        documentation to enter the United States; and
                            (iii) otherwise ineligible to be admitted 
                        or paroled into the United States or to receive 
                        any other benefit under the Immigration and 
                        Nationality Act (8 U.S.C. 1101 et seq.).
                    (B) Current visas revoked.--
                            (i) In general.--The visa or other entry 
                        documentation of any alien described in 
                        subsection (a) is subject to revocation 
                        regardless of the issue date of the visa or 
                        other entry documentation.
                            (ii) Immediate effect.--A revocation under 
                        clause (i) shall--
                                    (I) take effect immediately; and
                                    (II) cancel any other valid visa or 
                                entry documentation that is in the 
                                possession of the alien.

SEC. 604. SUPPORT FOR MULTILATERAL SANCTIONS WITH RESPECT TO THE 
              TALIBAN.

    (a) Voice and Vote at United Nations.--The Secretary of State shall 
use the voice and vote of the United States at the United Nations to 
maintain the sanctions with respect to the Taliban described in and 
imposed pursuant to United Nations Security Council Resolution 1988 
(2011) and United Nations Security Council Resolution 2255 (2015).
    (b) Engagement With Allies and Partners.--The Secretary of State 
shall, acting through the Office of Sanctions Coordination established 
under section 1(h) of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2651a(h)), engage with the governments of allies and 
partners of the United States to promote their use of sanctions against 
the Taliban, particularly for any support for terrorism, serious human 
rights abuses, or international narcotics trafficking.

SEC. 605. IMPLEMENTATION; PENALTIES.

    (a) Implementation.--The President may exercise all authorities 
provided under sections 203 and 205 of the International Emergency 
Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this title.
    (b) Penalties.--A person that violates, attempts to violate, 
conspires to violate, or causes a violation of this title or any 
regulation, license, or order issued to carry out this title shall be 
subject to the penalties set forth in subsections (b) and (c) of 
section 206 of the International Emergency Economic Powers Act (50 
U.S.C. 1705) to the same extent as a person that commits an unlawful 
act described in subsection (a) of that section.
    (c) Report on Implementation of Sanctions.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, and every 90 days thereafter, the 
        Secretary of State and the Secretary of the Treasury shall 
        jointly submit to the appropriate congressional committees a 
        report on the implementation of sanctions under this title.
            (2) Elements.--Each report required by paragraph (1) shall 
        include the following:
                    (A) A description of the number and identity of 
                foreign persons with respect to which sanctions were 
                imposed under sections 602 and 603 during the 90-day 
                period preceding submission of the report.
                    (B) A description of the efforts of the United 
                States Government to maintain sanctions on the Taliban 
                at the United Nations pursuant to section 604(a) during 
                that period.
                    (C) A description of the impact of sanctions 
                imposed under sections 602 and 603 on the behavior of 
                the Taliban, other groups, and other foreign 
                governments during that period.

SEC. 606. WAIVERS; EXCEPTIONS; SUSPENSION.

    (a) Waiver.--The President may waive the application of sanctions 
under this title with respect to a foreign person if the President, not 
later than 10 days before the waiver is to take effect, determines and 
certifies to the appropriate congressional committees that such a 
waiver is in the vital national security interest of the United States. 
The President shall submit with the certification a detailed 
justification explaining the reasons for the waiver.
    (b) Exceptions.--
            (1) Exception for intelligence activities.--Sanctions under 
        this title shall not apply to any activity subject to the 
        reporting requirements under title V of the National Security 
        Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized 
        intelligence activities of the United States.
            (2) Exception to comply with international obligations and 
        for law enforcement activities.--Sanctions under section 
        602(d)(2) or 603(c)(2) shall not apply with respect to an alien 
        if admitting or paroling the alien into the United States is 
        necessary--
                    (A) to permit the United States to comply with the 
                Agreement regarding the Headquarters of the United 
                Nations, signed at Lake Success June 26, 1947, and 
                entered into force November 21, 1947, between the 
                United Nations and the United States, or other 
                applicable international obligations; or
                    (B) to carry out or assist law enforcement activity 
                in the United States.
            (3) Exceptions for humanitarian purposes.--
                    (A) In general.--Sanctions under this title shall 
                not apply with respect to the following activities:
                            (i) Activities to support humanitarian 
                        projects to meet basic human needs in 
                        Afghanistan, including--
                                    (I) disaster relief;
                                    (II) assistance to refugees, 
                                internally displaced persons, and 
                                conflict victims;
                                    (III) provision of health services; 
                                and
                                    (IV) provision of agricultural 
                                commodities, food, medicine, medical 
                                devices, or other articles to provide 
                                humanitarian assistance to the people 
                                of Afghanistan.
                            (ii) Activities to support democracy 
                        building in Afghanistan, including projects 
                        relating to the rule of law, citizen 
                        participation, government accountability, and 
                        civil society development.
                            (iii) Activities determined by the 
                        Secretary of State to be appropriate for 
                        supporting education in Afghanistan and that do 
                        not directly benefit the Taliban, including 
                        combating illiteracy, increasing access to 
                        education, particularly for girls, and 
                        assisting education reform projects.
                            (iv) Activities that do not directly 
                        benefit the Taliban to prevent infectious 
                        disease and promote maternal and child health, 
                        food security, and clean water assistance.
                            (v) Transactions necessary and incident to 
                        activities described in clauses (i) through 
                        (v).
                            (vi) Transactions incident to travel into 
                        or out of Afghanistan on a commercial or 
                        charter flight or through a land border 
                        crossing.
                    (B) Personal communication.--Sanctions under this 
                title shall not apply to any postal, telegraphic, 
                telephonic, or other personal communication that does 
                not involve a transfer of anything of value.
                    (C) Internet communications.--Sanctions under this 
                title shall not apply to the provision of--
                            (i) services incident to the exchange of 
                        personal communications over the internet or 
                        software necessary to enable such services;
                            (ii) hardware necessary to enable such 
                        services; or
                            (iii) hardware, software, or technology 
                        necessary for access to the internet.
                    (D) Goods, services, or technologies necessary to 
                ensure the safe operation of commercial aircraft.--
                Sanctions under this title shall not apply to the 
                provision of goods, services, or technologies necessary 
                to ensure the safe operation of commercial aircraft 
                produced in the United States or commercial aircraft 
                into which aircraft components produced in the United 
                States are incorporated, if the provision of such 
                goods, services, or technologies is approved by the 
                Secretary of the Treasury, in consultation with the 
                Secretary of Commerce, pursuant to regulations 
                prescribed by the Secretary of the Treasury regarding 
                the provision of such goods, services, or technologies, 
                if appropriate.
            (4) Exception relating to importation of goods.--
                    (A) In general.--The authorities and requirements 
                to impose sanctions authorized under this title shall 
                not include the authority or a requirement to impose 
                sanctions on the importation of goods.
                    (B) Good defined.--In this paragraph, the term 
                ``good'' means any article, natural or manmade 
                substance, material, supply, or manufactured product, 
                including inspection and test equipment, and excluding 
                technical data.
    (c) Suspension of Sanctions.--
            (1) Suspension.--The Secretary of State, in consultation 
        with the Secretary of Defense, the Director of National 
        Intelligence, and the Secretary of the Treasury, may suspend 
        the imposition of sanctions under this title if the Secretary 
        of State certifies in writing to the appropriate congressional 
        committees that the Taliban has--
                    (A) publicly and privately broken all ties with 
                other terrorist groups, including al Qaeda;
                    (B) verifiably prevented the use of Afghanistan as 
                a platform for terrorist attacks against the United 
                States or partners or allies of the United States, 
                including by denying sanctuary space, transit of Afghan 
                territory, and use of Afghanistan for terrorist 
                training, planning, or equipping;
                    (C) provided humanitarian actors with full, 
                unimpeded access to vulnerable populations throughout 
                Afghanistan without interference or diversion;
                    (D) respected freedom of movement, including by 
                facilitating the departure of foreign nationals, 
                applicants for the special immigrant visa program, and 
                other at-risk Afghans by air or land routes, and the 
                safe, voluntary, and dignified return of displaced 
                persons; and
                    (E) supported the establishment of an inclusive 
                government of Afghanistan that respects the rule of 
                law, press freedom, and human rights, including the 
                rights of women and girls.
            (2) Report required.--The Secretary of State shall submit 
        to the appropriate congressional committees with any 
        certification under paragraph (1) a report addressing in detail 
        each of the criteria for the suspension of sanctions under 
        paragraph (1). Such report shall be submitted in unclassified 
        form.

                     TITLE VII--GENERAL PROVISIONS

SEC. 701. TERMINATION.

    This Act shall terminate on the date that is 10 years after the 
date of the enactment of this Act.
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