AWOL Act
Bill: H.R.5127 | Sponsor: Rep. Gallagher, Mike (R-WI)
Policy area: International Affairs

Summary:
Afghanistan Withdrawal Oversight and Liability Act or the AWOL Act
This bill prohibits using federal funds appropriated for FY2021 to provide support to the Taliban. The bill also requires reports and certifications related to Afghanistan.
Specifically, no FY2021 funds may be used to (1) make payments or contributions of material support to the Taliban, or (2) provide relief from sanctions against the Taliban or its leaders.
The bill requires the President to report to Congress on efforts to evacuate U.S. citizens and lawful permanent residents from Afghanistan. The President must also certify to Congress when all such individuals seeking evacuation from Afghanistan have been evacuated.
The Department of State must periodically report to Congress on any agreements between the United States and the Taliban. Within seven days of the United States reaching an agreement with the Taliban, the State Department must provide to Congress all materials relevant to that agreement.
The bill also requires the Office of the Inspector General of the State Department to report to Congress about the State Department's compliance with legal requirements in connection to agreements with the Taliban. Specifically, the office must assess compliance with a law that requires the State Department to provide certain information to Congress when the United States enters certain international agreements.
The Department of Defense must report to Congress concerning U.S. equipment, property, and classified material that was destroyed, surrendered, or abandoned in Afghanistan during a period starting from February 29, 2020.

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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Afghanistan Withdrawal Oversight and 
Liability Act'' or the ``AWOL Act''.

SEC. 2. REPORT AND OTHER MATTERS RELATING TO EVACUATION OF UNITED 
              STATES CITIZENS AND LAWFUL PERMANENT RESIDENTS WHO REMAIN 
              BEHIND ENEMY LINES IN AFGHANISTAN.

    (a) Sense of Congress.--It is the sense of Congress that the United 
States Government should take every necessary step to evacuate all 
citizens and lawful permanent residents of the United States from 
Afghanistan, 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 President 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 lawful 
                permanent residents of the United States who remain in 
                Afghanistan.
                    (B) The total number of immediate family members of 
                citizens and lawful permanent residents of the United 
                States who remain in Afghanistan.
                    (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 
                Afghanistan.
                    (D) The total number of citizens and lawful 
                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 location of such individuals to the 
                extent practicable and consistent with the safety of 
                such individuals.
                    (E) The total number of citizens and lawful 
                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 lawful 
                permanent residents of the United States, as well as 
                their immediate family members, in Afghanistan who have 
                been unable to evacuate, including an explanation of--
                            (i) conditions that prohibited such 
                        evacuation; and
                            (ii) any efforts being made to overcome 
                        such conditions.
                    (G) The total number of citizens and lawful 
                permanent residents of the United States, as well as 
                their immediate family members, who have been detained 
                by the Taliban and a description of the efforts being 
                made to secure the release of such individuals.
                    (H) The total number of citizens and lawful 
                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 Afghanistan since August 13, 2021.
                    (J) The total number of nationals of Afghanistan 
                who have been evacuated from Afghanistan on Department 
                of Defense aircraft 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 lawful 
                permanent residents of the United States, as well as 
                their immediate family members, and nationals of 
                Afghanistan who have been evacuated from Afghanistan on 
                chartered and other civilian aircraft since August 13, 
                2021.
                    (L) The total number of nationals of Afghanistan 
                eligible for evacuation from Afghanistan on Department 
                of Defense aircraft.
    (c) Certification by President.--When the President determines that 
all citizens and lawful permanent residents of the United States who 
are seeking evacuation from Afghanistan have been evacuated from 
Afghanistan, the President shall transmit to the appropriate 
congressional committees and leadership a certification of such 
determination.
    (d) Prohibition on Support to the Taliban.--None of the funds 
authorized to be appropriated or otherwise made available for fiscal 
year 2021 may be obligated or expended for any activity that would 
provide support to the Taliban, either--
            (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 congressional 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 submitted, each of the following:
            (1) Details of any agreement reached or commitments 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 
        partners.
            (2) A detailed accounting of any personal identifying 
        information of United States citizens, lawful permanent 
        residents, or Afghan partners seeking evacuation from 
        Afghanistan that was provided to the Taliban, including--
                    (A) the number of individuals whose information was 
                shared;
                    (B) a description of the exact types of information 
                shared; and
                    (C) the number of individuals whose information was 
                shared whose evacuation from Afghanistan cannot be 
                confirmed.
            (3) Details of any agreement reached or commitments made 
        regarding evacuations of United States citizens, lawful 
        permanent residents, or any Afghans who wish to leave 
        Afghanistan following the United States military withdrawal on 
        August 31, 2021.
            (4) Details on any agreement reached or commitments made in 
        connection with any United States diplomatic presence in 
        Afghanistan following the United States military withdrawal on 
        August 31, 2021.
            (5) Any agreements or commitments made by the United States 
        regarding future financial or material 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, informal 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 provided 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 consultation with the Secretary of 
Defense, shall submit to the appropriate congressional committees and 
leadership all materials relevant to the agreement.
    (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 report 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, PROPERTY, AND CLASSIFIED 
              MATERIAL THAT WAS DESTROYED, SURRENDERED, OR ABANDONED IN 
              THE WITHDRAWAL FROM AFGHANISTAN.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense, 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.
    (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, explosives, missiles, ordnance, 
        bombs, mines, or projectiles, disaggregated by military 
        department.
            (5) For each item on a list referred to in paragraphs (2) 
        through (4), an explanation of the legal authority relied upon 
        to destroy, surrender, or abandon that specific item.
            (6) An assessment of how many biometric devices may be in 
        the possession of the Taliban, and what access they may have 
        had to biometric databases.
            (7) An evaluation of the capabilities of the Taliban post-
        withdrawal as a result of their seizure of surrendered or 
        abandoned United States equipment, property, and classified 
        material.
            (8) An assessment of the damage to the national security 
        interests of the United States as a result 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 material.
            (10) Available imagery or photography depicting the Taliban 
        possessing surrendered or abandoned United States equipment, 
        property, or classified material.

SEC. 5. SENSE OF CONGRESS REGARDING NON-RECOGNITION OF THE TALIBAN.

     It is the sense of Congress that the United States should not 
formally recognize the Taliban, or its so-called Islamic Emirate of 
Afghanistan, as the government of Afghanistan or take any action to 
alter bilateral or multilateral 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 committees 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 Committee 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 Committee 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 Afghanistan'' that 
                was founded by Mohammed Omar, 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.
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