Afghanistan Security Through Intelligence Act
Bill: H.R.5709 | Sponsor: Rep. Crow, Jason (D-CO)
Policy area: Armed Forces and National Security

Summary:
Afghanistan Security Through Intelligence Act
This bill requires reports concerning the situation in Afghanistan and other specified countries.
The National Intelligence Council within the Office of the Director of National Intelligence (ODNI) must submit to Congress a National Intelligence Estimate (a type of intelligence community assessment about a specific issue) on topics including (1) the presence of certain countries, including China, Iran, and Russia in Afghanistan and other specified countries, such as India and the Gulf Cooperation Council countries; (2) any change to threats to the United States as a result of the withdrawal of U.S. Armed Forces from Afghanistan on August 31, 2021; and (3) the political composition and stability of the governing body of Afghanistan.
The ODNI must periodically report to Congress on issues such as (1) the intelligence community's collection posture with respect to issues involving Afghanistan, including the detection and prevention of any increased threat to the United States as a result of the U.S. military withdrawal from Afghanistan; (2) any plans or efforts to improve the intelligence collection posture in Afghanistan; and (3) the effect of publicly documenting the Taliban's abuses.

To direct the Director of National Intelligence to produce a National 
 Intelligence Estimate on the situation 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.

    This Act may be cited as the ``Afghanistan Security Through 
Intelligence Act''.

SEC. 2. NATIONAL INTELLIGENCE ESTIMATE ON SECURITY SITUATION IN 
              AFGHANISTAN AND RELATED REGION.

    (a) Requirement.--The Director of National Intelligence, acting 
through the National Intelligence Council, shall produce a National 
Intelligence Estimate on the situation in Afghanistan and the covered 
region.
    (b) Matters.--The National Intelligence Estimate produced under 
subsection (a) shall include, with respect to the 2-year period 
beginning on the date on which the Estimate is produced, an assessment 
of the following:
            (1) The presence in Afghanistan (including financial 
        contributions to the Taliban, political relations with the 
        Taliban, military presence in the covered region, economic 
        presence in the covered region, and diplomatic presence in the 
        covered region) of China, Iran, Pakistan, Russia, and any other 
        foreign country determined relevant by the Director, 
        respectively, and an assessment of the potential risks, or 
        benefits, of any such presence, contributions, or relations.
            (2) Any change in the threat to the United States homeland 
        or United States entities abroad as a result of the withdrawal 
        of the Armed Forces from Afghanistan on August 31, 2021, 
        including an assessment of the risk of al-Qaeda or any 
        affiliates thereof, the Islamic State of Iraq and ash Sham-
        Khorasan or any affiliates thereof, or any other similar 
        international terrorist group, using Afghanistan as a safe 
        haven for launching attacks on the United States and its 
        interests abroad.
            (3) The political composition and sustainability of the 
        governing body of Afghanistan, including an assessment of the 
        ability of the United States Government to influence the 
        policies of such governing body on the following:
                    (A) Counterterrorism.
                    (B) Counternarcotics.
                    (C) Human rights (particularly regarding women and 
                girls and traditionally targeted ethnic groups).
                    (D) The treatment and safe transit of Afghans 
                holding special immigrant visa status under section 602 
                of the Afghan Allies Protection Act of 2009 (8 U.S.C. 
                1101 note) and other Afghans who, during the period 
                beginning in 2001, assisted efforts of the United 
                States in Afghanistan or the covered region.
            (4) The effect on the covered region, and Europe, of 
        refugees leaving Afghanistan.
            (5) The commitments of the Taliban relating to 
        counterterrorism, including an assessment of--
                    (A) whether such commitments required under the 
                agreement entered into between the United States 
                Government and the Taliban in February 2020, have been 
                tested, or will be tested during the 2-year period 
                covered by the Estimate, and what such commitments 
                entail;
                    (B) whether any additional commitments relating to 
                counterterrorism agreed to by the Taliban pursuant to 
                subsequent negotiations with the United States 
                Government following February 2020, have been tested, 
                or will be tested during the 2-year period covered by 
                the Estimate, and, if applicable, what such commitments 
                entail;
                    (C) any benchmarks against which the Taliban are to 
                be evaluated with respect to commitments relating to 
                counterterrorism; and
                    (D) the intentions and capabilities of the Taliban 
                with respect to counterterrorism (as such term is 
                understood by the United States and by the Taliban, 
                respectively), including the relations of the Taliban 
                with al-Qaeda or any affiliates thereof, the Islamic 
                State of Iraq and ash Sham-Khorasan or any affiliates 
                thereof, or any other similar international terrorist 
                group.
    (c) Submission to Congress.--
            (1) Submission.--Not later than one year after the date of 
        the enactment of this Act, the Director shall submit to the 
        congressional intelligence committees the National Intelligence 
        Estimate produced under subsection (a), including all 
        intelligence reporting underlying the Estimate.
            (2) Form.--The National Intelligence Estimate shall be 
        submitted under paragraph (1) in classified form.
    (d) Public Version.--Consistent with the protection of intelligence 
sources and methods, at the same time as the Director submits to the 
congressional intelligence committees the National Intelligence 
Estimate under subsection (c), the Director shall make publicly 
available on the internet website of the Director an unclassified 
version of the key findings of the National Intelligence Estimate.
    (e) Definitions.--In this section:
            (1) Congressional intelligence committees.--The term 
        ``congressional intelligence committees'' means the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives and the Select Committee on Intelligence of the 
        Senate.
            (2) Covered region.--The term ``covered region'' includes 
        the following countries:
                    (A) China.
                    (B) The Gulf Cooperation Council countries, 
                including Qatar, Saudi Arabia, the United Arab 
                Emirates.
                    (C) India.
                    (D) Iran.
                    (E) Pakistan.
                    (F) Tajikistan.
                    (G) Turkey.
                    (H) Turkmenistan.
                    (I) Uzbekistan.
            (3) United states entity.--The term ``United States 
        entity'' means a citizen of the United States, an embassy or 
        consulate of the United States, or an installation, facility, 
        or personnel of the United States Government.

SEC. 3. REPORT ON INTELLIGENCE COLLECTION POSTURE AND OTHER MATTERS 
              RELATING TO AFGHANISTAN AND RELATED REGION.

    (a) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Director of National Intelligence, in consultation 
with the heads of elements of the intelligence community determined 
relevant by the Director, shall submit to the congressional 
intelligence committees a report on the collection posture of the 
intelligence community and other matters relating to Afghanistan and 
the covered region.
    (b) Matters.--The report under subsection (a) shall include the 
following:
            (1) A detailed description of the collection posture of the 
        intelligence community with respect to Afghanistan, including 
        with respect to the following:
                    (A) The countering of terrorism threats that are 
                directed at the United States homeland or United States 
                entities abroad.
                    (B) The finances of the Taliban, including 
                financial contributions to the Taliban from foreign 
                countries (particularly from China, Iran, Russia, and 
                any other foreign country in the Arab Gulf region (or 
                elsewhere) determined relevant by the Director, 
                respectively).
                    (C) The detection, and prevention of, any increased 
                threat to the United States homeland or United States 
                entities abroad as a result of the withdrawal of the 
                United States Armed Forces from Afghanistan on August 
                31, 2021, including any such increased threat resulting 
                from al-Qaeda or any affiliates thereof, the Islamic 
                State of Iraq and ash Sham-Khorasan or any affiliates 
                thereof, or any other similar international terrorist 
                group, using Afghanistan as a safe harbor.
            (2) A detailed description of any plans, strategies, or 
        efforts to improve the collection posture described in 
        paragraph (1)(A), including by filling any gaps identified 
        pursuant to such paragraph.
            (3) An assessment of the effect of publicly documenting 
        abuses engaged in by the Taliban, and a description of the 
        efforts of the intelligence community to support other 
        departments and agencies in the Federal Government with respect 
        to the collection and documentation of such abuses.
            (4) An assessment of the relationship between the 
        intelligence community and countries in the covered region, 
        including an assessment of the following:
                    (A) Intelligence and information sharing with such 
                countries.
                    (B) Any change in the collection posture of the 
                intelligence community with respect to the nuclear 
                activities of such countries as a result of the 
                withdrawal of the United States Armed Forces from 
                Afghanistan on August 31, 2021.
                    (C) The collection posture of the intelligence 
                community with respect to the presence of such 
                countries in Afghanistan (including financial 
                contributions to the Taliban, political relations with 
                the Taliban, military presence in Afghanistan, economic 
                presence in Afghanistan, and diplomatic presence in 
                Afghanistan) and the understanding of the intelligence 
                community regarding the potential risks, or benefits, 
                of any such presence, contributions, or relations.
                    (D) The ability of the intelligence community to 
                use the airspace of any such countries.
            (5) An assessment of any financial contributions to the 
        Taliban from foreign countries (particularly from China, Iran, 
        Russia, and any other foreign country in the Arab Gulf region 
        (or elsewhere) determined relevant by the Director, 
        respectively) made during the year preceding the withdrawal of 
        the United States Armed Forces from Afghanistan on August 31, 
        2021.
    (c) Form.--The report under subsection (a) may be submitted in 
classified form, but shall include an unclassified summary.
    (d) Biannual Updates.--On a biannual basis during the 5-year period 
following the date of the submission of the report under subsection 
(a), the Director of National Intelligence, in consultation with the 
heads of the elements of the intelligence community determined relevant 
by the Director, shall submit to the congressional intelligence 
committees an update to such report.
    (e) Definitions.--In this section:
            (1) Congressional intelligence committees.--The term 
        ``congressional intelligence committees'' means the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives and the Select Committee on Intelligence of the 
        Senate.
            (2) Covered region.--The term ``covered region'' includes 
        the following countries:
                    (A) China.
                    (B) The Gulf Cooperation Council countries, 
                including Qatar, Saudi Arabia, the United Arab 
                Emirates.
                    (C) India.
                    (D) Iran.
                    (E) Pakistan.
                    (F) Tajikistan.
                    (G) Turkey.
                    (H) Turkmenistan.
                    (I) Uzbekistan.
            (3) United states entity.--The term ``United States 
        entity'' means a citizen of the United States, an embassy or 
        consulate of the United States, or an installation, facility, 
        or personnel of the United States Government.
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