Afghanistan Accountability Act
Bill: H.R.5066 | Sponsor: Rep. Moore, Blake D. (R-UT)
Policy area: International Affairs

Summary:
Afghanistan Accountability Act
This bill requires the President to impose sanctions on certain foreign persons, such as Taliban officials, and requires reports related to Afghanistan.
The President must impose asset- and visa-blocking sanctions on any foreign person who (1) is an official, agent, or instrumentality of the Taliban; (2) has acted to undermine democratic institutions or threaten the stability of Afghanistan; (3) has acted to limit or penalize freedom of expression in Afghanistan, particularly the freedom of expression of women; (4) has committed serious human rights abuses in Afghanistan; or (5) operates in the mining sector in Afghanistan. The sanctions also apply to certain immediate relatives of such persons and those who provide material support to such persons.
The bill also requires reports to Congress on (1) the intelligence provided to the President and policymakers prior to and concerning the withdrawal of U.S. troops from Afghanistan, (2) whether the Taliban meets the criteria for designation as a foreign terrorist organization, and (3) human rights violations by the Taliban against individuals who supported U.S. efforts in Afghanistan.

To require an intelligence assessment of the production, planning, and 
  communication of intelligence relating to the withdrawal of United 
  States military from Afghanistan, impose sanctions on the Taliban, 
   report on human rights violations against Afghan individuals who 
          supported the United States, 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 Accountability Act''.

SEC. 2. INTELLIGENCE ASSESSMENT OF THE PRODUCTION, PLANNING, AND 
              COMMUNICATION OF INTELLIGENCE RELATING TO THE WITHDRAWAL 
              OF UNITED STATES MILITARY FROM AFGHANISTAN.

    (a) Report Required.--Not later than 60 days after the date of the 
enactment of this Act, the Director of National Intelligence, in 
coordination with the Secretary of Defense and the Director of the 
Central Intelligence Agency, and in consultation with the heads of 
other appropriate Federal agencies, shall submit to the appropriate 
congressional committees a review of the effectiveness of the 
production and communication of the intelligence and other information 
provided to the President and national security officials during the 
period from January 2021 through August 2021 relating to the withdrawal 
of United States troops from Afghanistan by September 11, 2021.
    (b) Elements.--The review required under subsection (a) shall 
include the following:
            (1) A review of the intelligence and other information 
        provided to the President and an analysis with findings 
        describing how the intelligence community could have improved 
        all-source intelligence direction, collection, processing, 
        exploitation, and dissemination to better inform the President 
        and policymakers, before and after the announcement of the 
        withdrawal of United States troops and during such withdrawal, 
        with respect to--
                    (A) capabilities of the Afghan National Government 
                and Afghan Security Forces, and the Taliban civil and 
                military entities, in the context of a withdrawal of 
                the United States military from Afghanistan; and
                    (B) effects of the withdrawal of the United States 
                military from Afghanistan on--
                            (i) the safety of United States military 
                        and civilian personnel, diplomats, contractors, 
                        and other United States citizens in 
                        Afghanistan;
                            (ii) the national security of the United 
                        States;
                            (iii) the security and safety of citizens 
                        of other countries who aided or supported the 
                        United States Government and military in 
                        Afghanistan; and
                            (iv) the rights and protections of the 
                        Afghan civilian population under international 
                        human rights law.
            (2) An assessment of the relationship between the Taliban 
        and al-Qaida, including al-Qaida affiliated groups, both 
        before, during, and after the August 2021 offensive launched by 
        the Taliban.
            (3) An assessment of the material impact of support 
        provided by al-Qaida and its affiliated groups on the Taliban's 
        ability to seize territory as part of the August 2021 
        offensive.
            (4) An assessment in accordance with the standards 
        described in section 1019 of the Intelligence Reform and 
        Terrorism Prevention Act of 2004 (50 U.S.C. 3364), of the 
        analytic integrity and effectiveness of the intelligence 
        provided to the President regarding such a withdrawal of United 
        States military and civilian personnel from Afghanistan.
            (5) A review of how the intelligence community could have 
        enhanced intelligence direction, collection, processing, 
        exploitation, and dissemination as circumstances in Afghanistan 
        changed in response to the United States announcement of such a 
        withdrawal of United States military and civilian personnel and 
        the implementation of such withdrawal plans.
            (6) Recommendations on how to improve intelligence 
        direction, collection, processing, exploitation, and 
        dissemination relating to future military withdrawals in 
        regions with terrorist or hostile military threats to better 
        inform policymaking and protect the national security of the 
        United States and the safety of United States citizens and 
        citizens of other countries who have aided or supported the 
        United States Government or military.
            (7) An analysis of how the intelligence community could 
        have improved intelligence sharing with United States allies to 
        support the efforts of such allies to evacuate their citizens, 
        including military and diplomatic staff, from Afghanistan.
            (8) An update on the current security risks for United 
        States military and civilian personnel deployed to or remaining 
        in Afghanistan to assist with evacuation efforts.
            (9) An update on the current terrorist threat to the United 
        States from the Taliban, al-Qaida, the Islamic State, and other 
        terrorist groups operating from Afghanistan.
            (10) An assessment of the risk for expansion of 
        international terrorist safe havens inside Afghanistan, 
        Pakistan, and Iran.
            (11) An assessment of the objectives and associated 
        activities of regional actors, including China, Russia, Iran, 
        and Pakistan, in Afghanistan following the United States 
        military withdrawal.
            (12) An assessment of support provided by the Government of 
        Pakistan and affiliated entities to the Taliban that 
        contributed to the planning for and execution of the August 
        2021 offensive.
            (13) An assessment of the specific planning for the United 
        States force withdrawal, including details regarding the 
        decision to close United States bases and limit any evacuation 
        to United States embassy facilities and Hamid Karzai 
        International Airport.
            (14) An assessment of the types and numbers of United 
        States vehicles, weapons, and other equipment captured by the 
        Taliban.
            (15) An assessment on the efficacy of negotiating with the 
        Taliban while a military strategy was being actively pursued by 
        the Taliban.
    (c) Form.--The report submitted shall be submitted in unclassified 
form, but may include a classified annex.
    (d) Briefings.--Not later than 65 days after the date of the 
enactment of this Act, the Director of National Intelligence, the 
Director of the Central Intelligence Agency, and the Under Secretary of 
Defense for Intelligence and Security shall jointly provide appropriate 
congressional committees a briefing on the findings of the review 
completed under subsection (a).
    (e) Report.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Inspector General of the 
        Intelligence Community, in coordination with the Inspector 
        General of the Department of Defense and the Inspector General 
        of the Central Intelligence Agency and in consultation with 
        inspectors general of other relevant Federal departments and 
        agencies, shall submit to the appropriate congressional 
        committees a report that contains an evaluation of intelligence 
        products and briefings provided from January through August 
        2021 to the President and national security officials and 
        policymakers relating to the withdrawal of United States troops 
        from Afghanistan by September 11, 2021.
            (2) Matters to be included.--The evaluation required by 
        paragraph (1) shall include an assessment of whether such 
        intelligence products and briefings properly--
                    (A) included all sources of available intelligence;
                    (B) described the quality and reliability of 
                underlying sources;
                    (C) caveated and expressed uncertainties or 
                confidence in analytic judgments;
                    (D) distinguished between underlying intelligence 
                and the assumptions and judgments of analysts;
                    (E) incorporated, where appropriate, alternative 
                analyses; and
                    (F) ensured that the analytic methodologies, 
                tradecraft, and practices used in the production of 
                such products and briefings met established 
                intelligence community standards.
            (3) Briefing.--Not later than 120 days after the date of 
        the enactment of this Act, the Inspector General of the 
        Intelligence Community, the Inspector General of the Department 
        of Defense, and the Inspector General of the Central 
        Intelligence Agency shall jointly provide a briefing to the 
        appropriate congressional committees on the findings of the 
        evaluation required by paragraph (1).
    (f) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Permanent Select Committee on Intelligence 
                of the House of Representatives and the Select 
                Committee on Intelligence of the Senate; and
                    (B) the Committee on Armed Services of the House of 
                Representatives and the Committee on Armed Services of 
                the Senate.
            (2) Intelligence community.--The term ``intelligence 
        community'' has the meaning given such term in section 3(4) of 
        the National Security Act of 1947 (50 U.S.C. 3003(4)).

SEC. 3. FOREIGN TERRORIST ORGANIZATION DETERMINATION AND TERRORISM 
              SANCTIONS.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the Taliban satisfies the criteria for designation as a 
        foreign terrorist organization pursuant to section 219 of the 
        Immigration and Nationality Act (8 U.S.C. 1189); and
            (2) the Secretary of State should so designate the Taliban 
        as a foreign terrorist organization pursuant to such section.
    (b) Report.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act, the Secretary of State shall submit 
        to the appropriate congressional committees a detailed report 
        on whether the Taliban satisfies the criteria for designation 
        as a foreign terrorist organization pursuant to section 219 of 
        the Immigration and Nationality Act (8 U.S.C. 1189), and if the 
        Secretary determines that the Taliban does not so satisfy such 
        criteria, a detailed justification as to which of such criteria 
        have not been so satisfied.
            (2) Form.--The report required by paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex.
            (3) Definition.--In this subsection, the term ``appropriate 
        congressional committees'' means--
                    (A) the Committee on Armed Services, the Committee 
                on Foreign Affairs, the Committee on the Judiciary, and 
                the Permanent Select Committee on Intelligence of the 
                House of Representatives; and
                    (B) the Committee on Armed Services, the Committee 
                on Foreign Relations, the Committee on the Judiciary, 
                and the Select Committee on Intelligence of the Senate.
    (c) Application of Certain Measures.--It is the sense of the 
Congress that the United States should, pursuant to Executive Order 
13224, impose on the Taliban sanctions for having committed, or posing 
a significant risk of committing, acts of terrorism.

SEC. 4. SANCTIONS AGAINST CERTAIN FOREIGN PERSONS.

    (a) Imposition of Sanctions.--Not later than 30 days after the date 
of the enactment of this Act, the President shall impose the sanctions 
described in subsection (b) with respect to any foreign person that the 
President determines--
            (1) to be an official, agent, political subdivision, 
        agency, or instrumentality of the Taliban;
            (2) has engaged in or attempted to engage in actions or 
        policies that undermine democratic processes or institutions, 
        or threaten the peace, security, or stability of Afghanistan;
            (3) has engaged in or attempted to engage in actions or 
        policies that prohibit, limit, or penalize the exercise of 
        freedom of expression or assembly by people in Afghanistan, 
        particularly women;
            (4) has engaged in serious human rights abuse in 
        Afghanistan;
            (5) operates in the mining sector of the Afghan economy or 
        any other sector of the Afghan economy as may be determined by 
        the Secretary of the Treasury, in consultation with the 
        Secretary of State;
            (6) to be a spouse or adult child of any person described 
        in this subsection; or
            (7) to have materially assisted, sponsored, or provided 
        financial, material, or technological support for, or goods or 
        services to or in support of, any person described in this 
        subsection.
    (b) Sanctions Described.--
            (1) In general.--The sanctions described in this subsection 
        with respect to a foreign person determined by the President to 
        be subject to subsection (a) are the following:
                    (A) Asset blocking.--The President shall exercise 
                all powers granted to the President by 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 the foreign person if such property and 
                interests in property are in the United States, come 
                within the United States, or are or come within the 
                possession or control of a United States person.
                    (B) Inadmissibility of certain individuals.--
                            (i) Ineligibility for visas, admission, or 
                        parole.--In the case of a foreign person who is 
                        an individual, the foreign person is--
                                    (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.).
                            (ii) Current visas revoked.--
                                    (I) In general.--In the case of a 
                                foreign person who is an individual, 
                                the visa or other documentation issued 
                                to the person shall be revoked, 
                                regardless of when such visa or other 
                                documentation is or was issued.
                                    (II) Effect of revocation.--A 
                                revocation under subclause (I) shall--
                                            (aa) take effect 
                                        immediately; and
                                            (bb) automatically cancel 
                                        any other valid visa or entry 
                                        documentation that is in the 
                                        person's possession.
            (2) Penalties.--The penalties provided for in subsections 
        (b) and (c) of section 206 of the International Emergency 
        Economic Powers Act (50 U.S.C. 1705) shall apply to a person 
        that violates, attempts to violate, conspires to violate, or 
        causes a violation of regulations promulgated under subsection 
        (e) to implement this section to the same extent that such 
        penalties apply to a person that commits an unlawful act 
        described in section 206(a) of such Act.
            (3) Exception to comply with united nations headquarters 
        agreement.--Sanctions under paragraph (1)(B) shall not apply to 
        a foreign person who is an individual if admitting the person 
        into the United States is necessary 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.
    (c) Additional Measure.--The Secretary of the Treasury shall, in 
consultation with the Secretary of State, prohibit or impose strict 
conditions on the opening or maintaining in the United States of a 
correspondent account or payable-through account by a foreign financial 
institution that the President determines has, on or after the date of 
the enactment of this Act, knowingly conducted or facilitated a 
significant transaction or transactions on behalf of a person described 
in subsection (a).
    (d) Waiver.--
            (1) In general.--The President may, on a case-by-case basis 
        and for periods not to exceed 180 days, waive the application 
        of sanctions imposed with respect to a foreign person under 
        this section if the President certifies to the appropriate 
        congressional committees not later than 15 days before such 
        waiver is to take effect that such waiver is vital to the 
        national security interests of the United States.
            (2) Sunset.--
                    (A) In general.--The President's authority to 
                exercise the waiver described in paragraph (1) shall 
                terminate on the date that is two years after the date 
                of the enactment of this Act.
                    (B) Saving clause.--Any exercise of the waiver 
                described in paragraph (1) before the date specified in 
                subparagraph (A) shall not affect the period of 
                validity of such waiver, notwithstanding the date of 
                termination under such subparagraph.
    (e) Implementation Authority.--The President may exercise all 
authorities provided to the President under sections 203 and 205 of the 
International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) 
for purposes of carrying out this section. The exceptions to the 
President's authority described in section 203(b) of the International 
Emergency Economic Powers Act shall not apply to the President's 
authority to exercise authorities under this section.
    (f) Requests by Chairperson and Ranking Member of Appropriate 
Congressional Committees.--Not later than 90 days after receiving a 
written request from the Chairperson and Ranking Member of one of the 
appropriate congressional committees with respect to whether a foreign 
person has engaged in an activity described in subsection (a), the 
President shall--
            (1) determine if such person has engaged in such an 
        activity; and
            (2) submit to the Chairperson and Ranking Member of such 
        committee a report with respect to such determination, 
        including a statement of whether or not the President imposed 
        or intends to impose sanctions under this section with respect 
        to such person.
    (g) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committees on Armed Services and Foreign 
                Affairs and the Permanent Select Committee on 
                Intelligence of the House of Representatives; and
                    (B) the Committees on Armed Services and Foreign 
                Relations and the Select Committee on Intelligence of 
                the Senate.
            (2) Foreign person.--The term ``foreign person'' has the 
        meaning given such term in section 595.304 of title 31, Code of 
        Federal Regulations (as in effect on the day before the date of 
        the enactment of this Act), except that such term does not 
        include an entity (as such term is described in such section).

SEC. 5. REPORT OF HUMAN RIGHTS VIOLATIONS BY THE TALIBAN AGAINST UNITED 
              STATES CITIZENS AND AFGHAN INDIVIDUALS WHO SUPPORTED 
              UNITED STATES MILITARY AND DIPLOMATIC EFFORTS.

    (a) In General.--Not later than 60 days after the date of the 
enactment of this Act and every 90 days thereafter for two years, the 
Secretary of State, in coordination with the Director of National 
Intelligence and the heads of other appropriate Federal agencies, shall 
submit to the appropriate congressional committees a report on 
incidents of human rights violations by the Taliban against--
            (1) United States citizens and their family members who are 
        not United States citizens, in Afghanistan and other foreign 
        countries; or
            (2) Afghan individuals and their family members who 
        assisted United States military operations, United States 
        diplomatic operations or programming, or United States 
        development and human rights activities, in Afghanistan and 
        other foreign countries.
    (b) Matters To Be Included.--Each report under subsection (a) shall 
include--
            (1) a detailed description of any incidents referred to in 
        such subsection that occurred after the President's 
        announcement in April 2021 regarding the implementation of a 
        full withdrawal of United States troops from Afghanistan by 
        September 11, 2021; and
            (2) any actions the Taliban has taken to deter incidents of 
        human rights violations, intimidation, or harassment against 
        individuals described in such subsection.
    (c) Form.--Each report required by subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.
    (d) Definition.--In this section, the term ``appropriate 
congressional committees'' means--
            (1) the Committees on Armed Services and Foreign Affairs 
        and the Permanent Select Committee on Intelligence of the House 
        of Representatives; and
            (2) the Committees on Armed Services and Foreign Relations 
        and the Select Committee on Intelligence of the Senate.

SEC. 6. DEFINITION OF THE TALIBAN.

    In this Act, the term ``Taliban''--
            (1) refers to the organization that was founded by Mohammed 
        Omar, and that is currently led by Mawlawi Hibatullah 
        Akhundzada; and
            (2) includes subordinate organizations, such as the Haqqani 
        Network, and any successor organization.
                                 <all>